HOUSE BILL No. 4197

 

 

February 14, 2017, Introduced by Reps. Chirkun, Lasinski, Green, Yanez, Faris, Elder, Lucido, Howrylak, Cochran, Greimel, Dianda, Schor, Pagan, Hertel, Hoadley, Liberati, Geiss, Yaroch, Moss and Ellison and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2011 PA 256, entitled

 

"Michigan fireworks safety act,"

 

by amending section 7 (MCL 28.457), as amended by 2013 PA 65, and

 

by adding section 7a.

 

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. However, a local unit of government may

 

enact and enforce a general ordinance, code, or regulation that

 

does not apply specifically to the sale, display, storage,

 

transportation, or distribution of fireworks regulated under this

 

act, but rather applies generally to the sale, display, storage,

 

transportation, or distribution of all goods.

 

     (2) 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 day

 

preceding, the day of, or the day after a national holiday except

 

as follows:

 

     (a) A local unit of government with a population of 50,000 or

 

more or a local unit of government located in a county with a

 

population of 750,000 or more may regulate the ignition, discharge,

 

or use of consumer fireworks between the hours of 12 midnight and 8

 

a.m. or between the hours of 1 a.m. and 8 a.m. on New Year's day.

 

     (b) A local unit of government with a population of less than

 

50,000 located in a county with a population of less than 750,000

 

may regulate the ignition, discharge, or use of consumer fireworks

 

between the hours of 1 a.m. and 8 a.m.

 

     (3) An ordinance under subsection (2) shall only impose a

 

civil fine of not more than $500.00 for each violation of the

 

ordinance and no other fine or sanction.

 

     Sec. 7a. Nothing in this act qualifies or limits the authority

 

of the state fire marshal, the commanding officer of the fire

 

department of a city, village, township, or county, or a

 

firefighter in uniform acting under the orders and directions of

 

the commanding officer to take all necessary steps and prescribe

all necessary restrictions and requirements to protect persons or

 

property if the state fire marshal, the commanding officer of the

 

fire department of a city, village, township, or county, or a

 

firefighter in uniform acting under the orders and directions of

 

the commanding officer determines a dangerous condition exists

 

until the dangerous condition is abated under section 7a of the

 

fire prevention code, 1941 PA 207, MCL 29.7a.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.