HOUSE BILL No. 4924

 

 

September 12, 2017, Introduced by Reps. Hammoud, Elder, Sabo, Moss, Gay-Dagnogo, Yanez, Howrylak, Camilleri, Liberati and Wittenberg and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2011 PA 256, entitled

 

"Michigan fireworks safety act,"

 

by amending section 5 (MCL 28.455), as amended by 2013 PA 65.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) Consumer fireworks shall only be sold from a

 

retail location if all of the following applicable conditions are

 

met:

 

     (a) Except as provided in subdivision (b), a the retail

 

location satisfies the applicable requirements of NFPA 101 and NFPA

 

1124 not in conflict with this act, and the Stille-DeRossett-Hale

 

single state construction code act, 1972 PA 230, MCL 125.1501 to

 

125.1531. However, any provision of the Stille-DeRossett-Hale

 

single state construction code act, 1972 PA 230, MCL 125.1501 to

 

125.1531, that is inconsistent with the applicable requirements of

 

NFPA 101 and NFPA 1124 is superseded to the extent of the

 

inconsistency or conflict.

 

     (b) Beginning January 1, 2013, if the retail location is a

 

permanent building or structure, shall be the building or structure

 

is equipped with a fire suppression system in compliance with NFPA

 

1124.

 

     (c) The retailer at that retail location is licensed under

 

section 3 of the general sales tax act, 1933 PA 167, MCL 205.53.

 

     (d) The retailer has a valid federal taxpayer identification

 

number issued by the Internal Revenue Service of the federal

 

department of the treasury, internal revenue service. Department of

 

Treasury. This requirement does not apply to a retailer that is a

 

sole proprietorship.

 

     (e) The retailer displays a sign in a conspicuous place at the

 

retail location that clearly describes all of the following:

 

     (i) Any limitations on the hours of the day or night during

 

which a person may ignite, discharge, or use consumer fireworks

 

under any ordinance adopted under section 7 in a local unit of

 

government in which the retail location is located.

 

     (ii) The limitations on the use of fireworks on property of

 

another person or organization under section 12(1).

 

     (iii) The prohibition against the sale of consumer fireworks

 

to minors under section 12(2) and the limitations on the use of

 

fireworks by minors without adult supervision under section 12(6).

 

     (iv) The limitations on the use of fireworks while under the

 

influence of alcohol or controlled substances under section 12(3).

     (v) A person's liability for the death or injury of an

 

individual, or for property damage, caused by the use of fireworks.

 

     (2) A person that knows, or should know, that he or she the

 

person is required to comply with subsection (1) and who that fails

 

or neglects to do so is responsible for a civil fine of $2,500.00

 

for each violation. Each day that a person is in noncompliance

 

constitutes a separate violation.

 

     (3) During periods when consumer fireworks are sold, each

 

retail location selling consumer fireworks either shall be added as

 

an additional insured, or public liability and product liability

 

insurance coverage shall be obtained and maintained, in an amount

 

not less than $10,000,000.00 per occurrence. A person that knows,

 

or should know, that he or she the person is required to comply

 

with this subsection and who that fails or neglects to do so is

 

liable responsible for a civil fine of not more than $5,000.00.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. ____ (request no.

 

04027'17) of the 99th Legislature is enacted into law.