HOUSE BILL No. 4244

 

 

February 16, 2017, Introduced by Reps. Yanez, Pagan, Faris, Green, Schor, Sabo, Chirkun, Sowerby, Moss, Elder, Lucido, Liberati, Geiss, Yaroch and LaGrand and referred to the Committee on Regulatory Reform.

 

      A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding sections 243f, 243g, 243h, 243i,

 

and 243j; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 243f. (1) As used in this chapter:

 

 2        (a) "Class B fireworks" means toy torpedoes, railway

 

 3  torpedoes, firecrackers or salutes that do not qualify as class C

 

 4  fireworks, exhibition display pieces, aeroplane flares,

 

 5  illuminating projectiles, incendiary projectiles, incendiary

 

 6  grenades, smoke projectiles or bombs containing expelling charges

 

 7  but without bursting charges, flash powders in inner units not

 

 8  exceeding 2 ounces each, flash sheets in interior packages, flash

 

 9  powder or spreader cartridges containing not more than 72 grains of

 


 1  flash powder each, and other similar devices.

 

 2        (b) "Class C fireworks" means toy smoke devices, toy caps

 

 3  containing not more than .25 grains of explosive mixture, toy

 

 4  propellant devices, cigarette loads, trick matches, trick noise

 

 5  makers, smoke candles, smoke pots, smoke grenades, smoke signals,

 

 6  hand signal devices, very signal cartridges, sparklers, explosive

 

 7  auto alarms, and other similar devices.

 

 8        (c) "Fireworks" means a device made from explosive or

 

 9  flammable compositions used primarily for the purpose of producing

 

10  a visible display or audible effect, or both, by combustion,

 

11  deflagration, or detonation.

 

12        (2) Except for the items listed in subsection (3) and as

 

13  provided in sections 243g, 243h, and 243i, a person, firm,

 

14  partnership, or corporation shall not offer for sale, expose for

 

15  sale, sell at retail, keep with intent to sell at retail, possess,

 

16  give, furnish, transport, use, explode, or cause to explode any of

 

17  the following:

 

18        (a) A blank cartridge, blank cartridge pistol, toy cannon, toy

 

19  cane, or toy gun in which explosives are used.

 

20        (b) An unmanned balloon that requires fire underneath to

 

21  propel it and is not moored to the ground while aloft.

 

22        (c) Firecrackers, torpedoes, skyrockets, Roman candles, bottle

 

23  rockets, whistling chasers, rockets on sticks, or other fireworks

 

24  of similar construction.

 

25        (d) Fireworks containing an explosive or inflammable compound

 

26  or a tablet or other device commonly used and sold as fireworks

 

27  containing nitrates, fulminates, chlorates, oxalates, sulphides of


 1  lead, barium, antimony, arsenic, mercury, nitroglycerine,

 

 2  phosphorus, or a compound containing these or other modern

 

 3  explosives.

 

 4        (3) Subsection (2) does not apply to any of the following:

 

 5        (a) Flat paper caps containing not more than .25 of a grain of

 

 6  explosive content per cap, in packages labeled to indicate the

 

 7  maximum explosive content per cap.

 

 8        (b) Toy pistols, toy cannons, toy canes, toy trick noise

 

 9  makers, and toy guns of a type approved by the director of the

 

10  department of state police in which paper caps as described in

 

11  subdivision (a) are used and that are so constructed that the hand

 

12  cannot come in contact with the cap when in place for the explosion

 

13  and that are not designed to break apart or be separated so as to

 

14  form a missile by the explosion.

 

15        (c) Sparklers containing not more than .0125 pounds of burning

 

16  portion per sparkler.

 

17        (d) Flitter sparklers in paper tubes not exceeding 1/8 inch in

 

18  diameter, cone fountains, and cylinder fountains.

 

19        (e) Toy snakes not containing mercury, if packed in cardboard

 

20  boxes with not more than 12 pieces per box for retail sale and if

 

21  the manufacturer's name and the quantity contained in each box are

 

22  printed on the box; and toy smoke devices.

 

23        (f) Possession, transportation, sale, or use of signal flares

 

24  of a type approved by the director of the department of state

 

25  police, blank cartridges or blank cartridge pistols specifically

 

26  for a show or theater, for the training or exhibiting of dogs, for

 

27  signal purposes in athletic sports, or for use by military


 1  organizations, and all items described in subsection (2) used by

 

 2  railroads for emergency signal purposes.

 

 3        (g) The sale of fireworks, provided they are to be shipped

 

 4  directly out of state under regulations of the United States

 

 5  Department of Transportation covering the transportation of

 

 6  explosives and other dangerous articles by motor, rail, and water.

 

 7        Sec. 243g. (1) The legislative body of a city, village, or

 

 8  township, upon application in writing, on forms provided by the

 

 9  bureau of fire services created in section 1b of the fire

 

10  prevention code, 1941 PA 207, MCL 29.1b, may grant a permit for the

 

11  use of fireworks otherwise prohibited by section 243f, within the

 

12  city, village, or township, manufactured for outdoor pest control

 

13  or agricultural purposes, or for public display by municipalities,

 

14  fair associations, amusement parks, or other organizations or

 

15  groups of individuals approved by the city, village, or township

 

16  authority, if the applicable provisions of this act are complied

 

17  with. The permits must be on forms provided by the bureau of fire

 

18  services. After a permit has been granted, sales, possession, or

 

19  transportation of fireworks for the purposes described in the

 

20  permit only may be made. A permit granted under this subsection is

 

21  not transferable and shall not be issued to an individual less than

 

22  18 years of age.

 

23        (2) The legislative body of a city, village, or township, upon

 

24  application in writing, may grant a permit, on forms provided by

 

25  the bureau of fire services, to a resident wholesale dealer or

 

26  jobber to have in his or her possession within the city, village,

 

27  or township, fireworks otherwise prohibited by section 243f, for


 1  sale only to holders of permits as provided in this section. A

 

 2  permit granted under this subsection is not transferable, nor shall

 

 3  a permit be issued to an individual less than 18 years of age.

 

 4        (3) Before a permit for a pyrotechnic display is issued, the

 

 5  person applying for the permit shall furnish proof of financial

 

 6  responsibility by a bond or insurance in an amount, character, and

 

 7  form considered necessary by the local governing authority to

 

 8  satisfy claims for damages to property or personal injuries arising

 

 9  out of an act or omission on the part of the person or an agent or

 

10  employee of the person, and to protect the public.

 

11        (4) A permit shall not be issued under this act to a

 

12  nonresident person to conduct a pyrotechnic display in this state

 

13  until the person has appointed in writing a resident member of the

 

14  bar of this state or a resident agent to be the legal

 

15  representative upon whom all process in an action or proceeding

 

16  against the person may be served.

 

17        (5) The local governing authority shall rule on the competency

 

18  and qualifications of operators of pyrotechnic displays, as the

 

19  operator has furnished in his or her application form, and on the

 

20  time, place, and safety aspects of the displays before granting a

 

21  permit under this section.

 

22        Sec. 243h. Transportation of fireworks intrastate shall be

 

23  made only with the permits provided for in this act and as follows:

 

24        (a) In accordance with United States Department of

 

25  Transportation regulations for transportation of explosives and

 

26  other dangerous articles by motor, rail, and water, including

 

27  specifications for shipping containers.


 1        (b) In nonpassenger carrying vehicles, in charge of a

 

 2  competent driver not less than 18 years of age, that are equipped

 

 3  with a 15-pound carbon dioxide or a 10-pound dry chemical fire

 

 4  extinguisher, and in or near which smoking is prohibited while

 

 5  loading, unloading, or transporting fireworks.

 

 6        Sec. 243i. (1) Fireworks kept at the site of a wholesaler,

 

 7  dealer, or jobber, except for a retailer who has goods on hand for

 

 8  sale to the public in a supervised display area, must be stored in

 

 9  a 1-story, noncombustible building without a basement, which

 

10  building is weather resistant, well ventilated, and equipped with a

 

11  strong door kept securely locked except when open for business.

 

12        (2) The location of a storage building under subsection (1)

 

13  must be approved by the local governing authority having

 

14  jurisdiction and be located not less than the following distances

 

15  from inhabited buildings, passenger railroads, and public highways

 

16  according to the number of pounds of fireworks stored, rounded to

 

17  the nearest

 

18  pound:

 

 

19

Net Weight of       Distance From          Distance From

20

Fireworks           Passenger Railways     Inhabited Buildings

21

                    and Public Highways

 

22

 

Class C

Class B

Class C

Class B

23

 

Fireworks

Fireworks

Fireworks

Fireworks

24

Pounds

Feet

Feet

Feet

Feet

25

100 or less

25

200

50

200

26

101 to 200

30

200

60

200

27

201 to 400

35

200

70

200


 1

401 to 600

40

200

80

208

 2

601 to 800

45

200

90

252

 3

801 to 1,000

50

200

100

292

 4

1,001 to 2,000

58

230

115

459

 5

2,001 to 3,000

62

296

124

592

 6

3,001 to 4,000

65

352

130

704

 7

4,001 to 5,000

68

400

135

800

 8

5,001 to 6,000

70

441

139

882

 9

6,001 to 8,000

73

509

140

1,018

10

8,001 to 10,000

75

565

150

1,129

11

10,001 to 15,000

80

668

159

1,335

12

15,001 to 20,000

83

745

165

1,490

13

20,001 to 30,000

87

863

174

1,725

14

30,001 to 40,000

90

953

180

1,906

15

40,001 to 50,000

93

1,030

185

2,060

16

50,001 to 60,000

95

1,095

189

2,190

17

60,001 to 80,000

98

1,205

195

2,410

18

80,001 to 100,000

100

1,300

200

2,600

19

100,001 to 150,000

105

1,488

209

2,975

20

150,001 to 200,000

108

1,638

215

3,275

21

200,001 or more

110

1,765

220

3,530

 

 

22        (3) A person shall not cause or allow smoking, matches, open

 

23  flames, spark-producing devices, or firearms inside of or within 50

 

24  feet of a building used for the storage of fireworks. A person

 

25  shall not store combustible materials within 50 feet of a building

 

26  used for the storage of fireworks.

 

27        (4) The interior of a building used for the storage of


 1  fireworks shall be kept clean and free from debris and empty

 

 2  containers. A person shall not use a building used for the storage

 

 3  of fireworks for the storage of any metal tools or any commodity

 

 4  other than fireworks.

 

 5        (5) A person shall not provide a building used for the storage

 

 6  of fireworks with heat or lights, except that if lights are

 

 7  necessary, an electric safety flashlight or safety lantern must be

 

 8  used.

 

 9        (6) A building used for the storage of fireworks must bear

 

10  lettering on each side and top in letters not less than 4 inches

 

11  high, the words "explosiveskeep fire away".

 

12        (7) A building used for the storage of fireworks must be under

 

13  the supervision of a competent person who is not less than 18 years

 

14  of age.

 

15        (8) In addition to the requirements of subsection (2), salutes

 

16  that do not qualify as class C fireworks are considered to be

 

17  hazardous material and must be stored in accordance with rules for

 

18  the storage and handling of hazardous material promulgated under

 

19  section 3c of the fire prevention code, 1941 PA 207, MCL 29.3c.

 

20        Sec. 243j. A person that violates a provision of sections 243f

 

21  to 243i or that violates the terms of a permit issued under those

 

22  sections is guilty of a misdemeanor.

 

23        Enacting section 1. The Michigan fireworks safety act, 2011 PA

 

24  256, MCL 28.451 to 28.471, is repealed.

 

25        Enacting section 2. This amendatory act takes effect 90 days

 

26  after the date it is enacted into law.