STATE OF MICHIGAN 99TH LEGISLATUREREGULAR SESSION OF 2018Introduced by Reps. Chirkun and Yaroch


ENROLLED HOUSE BILL No. 5940

AN ACT to amend 2011 PA 256, entitled “An act to revise, consolidate, and codify the laws relating to certain fireworks; to regulate the purchase, possession, sale, and use of certain fireworks; to establish a fireworks safety fund; to establish a fireworks safety fee; to provide for the transfer and expenditure of funds; to prescribe the powers and duties of certain state agencies; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending section 7 (MCL 28.457), as amended by 2013 PA 65.


The People of the State of Michigan enact:


Sec. 7. (1) Except as provided in this act, a local unit of government shall not enact or enforce an ordinance, code, or regulation pertaining to or in any manner regulating the sale, display, storage, transportation, or distribution of fireworks regulated under this act.

  1. A local unit of government may enact an ordinance regulating the ignition, discharge, and use of consumer fireworks, including, but not limited to, an ordinance prescribing the hours of the day or night during which a person may ignite, discharge, or use consumer fireworks. If a local unit of government enacts an ordinance under this subsection, the ordinance shall not regulate the ignition, discharge, or use of consumer fireworks on the following days after 11 a.m.:

    1. December 31 until 1 a.m. on January 1.

    2. The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.

    3. June 29 to July 4 until 11:45 p.m. on each of those days.

    4. July 5, if that date is a Friday or Saturday, until 11:45 p.m.

    5. The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.

  2. An ordinance under subsection (2) shall impose a civil fine of $1,000.00 for each violation of the ordinance and no other fine or sanction. The ordinance must provide for the remittance of $500.00 of the fine collected under the ordinance to the local law enforcement agency responsible for enforcing the ordinance.

  3. Beginning August 1, 2019, a local unit of government with a population of 100,000 or more or a local unit of government located in a county with a population of 750,000 or more may enact or enforce an ordinance that regulates the use of a temporary structure. An ordinance established under this subsection may include, but is not limited to, a restriction on the number of permits issued for a temporary structure, regulation of the distance required between 2 or more temporary structures, or a zoning ordinance that regulates the use of a temporary structure. An ordinance established under this subsection may not prohibit the temporary storage, transportation, or distribution of fireworks by a consumer fireworks certificate holder at a retail location that is a permanent building or structure. As used in this subsection, “temporary structure” means a movable structure that is used in the sale, display, storage, transportation, or distribution of fireworks, including, but not limited to, a tent or a stand.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 99th Legislature are enacted into law:

  1. House Bill No. 5939.

  2. House Bill No. 5941.


This act is ordered to take immediate effect.


Clerk of the House of Representatives

Secretary of the Senate

Approved Governor