HB-5939, As Passed House, December 6, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5939
A bill to amend 2011 PA 256, entitled
"Michigan fireworks safety act,"
by amending sections 2, 4, 5, 6, 8, 10, 11, 12, 14, 15, 16, 17,
17a, 18a, 18b, and 18c (MCL 28.452, 28.454, 28.455, 28.456, 28.458,
28.460, 28.461, 28.462, 28.464, 28.465, 28.466, 28.467, 28.467a,
28.468a, 28.468b, and 28.468c), sections 2, 8, and 17 as amended
and sections 17a, 18b, and 18c as added by 2012 PA 257, sections 4,
5, 10, 12, and 18a as amended by 2013 PA 65, and section 11 as
amended by 2017 PA 145; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Agricultural and wildlife fireworks" means fireworks
devices distributed to farmers, ranchers, and growers through a
wildlife management program administered by the United States
department
Department of the interior Interior or
the department of
natural resources of this state.
(b)
"APA standard Standard
87-1" means 2001 APA standard the
"APA
Standard 87-1, standard Standard for
construction Construction
and
approval Approval for transportation Transportation of
fireworks,
novelties, and theatrical pyrotechnics, Fireworks,
Novelties, and Theatrical Pyrotechnics", 2001 edition, published by
the
American pyrotechnics association Pyrotechnics Association of
Bethesda, Maryland.
(c) "Articles pyrotechnic" means pyrotechnic devices for
professional use that are similar to consumer fireworks in chemical
composition and construction but not intended for consumer use,
that meet the weight limits for consumer fireworks but are not
labeled as such, and that are classified as UN0431 or UN0432 under
49 CFR 172.101.
(d) "Citation" means that term as described in section 17a.
(e) "Commercial manufacturer" means a person engaged in the
manufacture of consumer fireworks.
(f) "Consumer fireworks" means fireworks devices that are
designed to produce visible effects by combustion, that are
required to comply with the construction, chemical composition, and
labeling
regulations promulgated by the United States consumer
product
safety commission Consumer
Product Safety Commission under
16
CFR parts 1500 and 1507, and that are listed in APA standard
Standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not
include low-impact fireworks.
(g) "Consumer fireworks certificate" means a certificate
issued under section 4.
(h) "Department" means the department of licensing and
regulatory affairs.
(i) "Display fireworks" means large fireworks devices that are
explosive materials intended for use in fireworks displays and
designed to produce visible or audible effects by combustion,
deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR
172,
and APA standard Standard 87-1, 4.1.
(j) "Firework" or "fireworks" means any composition or device,
except for a starting pistol, a flare gun, or a flare, designed for
the purpose of producing a visible or audible effect by combustion,
deflagration, or detonation. Fireworks consist of consumer
fireworks, low-impact fireworks, articles pyrotechnic, display
fireworks, homemade fireworks, and special effects.
(k) "Fireworks safety fund" means the fireworks safety fund
created in section 11.
(l) "Homemade fireworks" means any composition or device
designed for the purpose of producing a visible or audible effect
by combustion, deflagration, or detonation that is not produced by
a commercial manufacturer and does not comply with the
construction, chemical composition, and labeling regulations of the
United States Consumer Product Safety Commission under 16 CFR parts
1500 and 1507.
(m) (l) "Local
unit of government" means a city, village, or
township.
(n) (m)
"Low-impact fireworks"
means ground and handheld
sparkling
devices as that phrase is defined under APA standard
Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
(o) (n)
"Minor" means an
individual who is less than 18 years
of age.
(p) (o)
"NFPA" means the national
fire protection association
National Fire Protection Association headquartered at 1
Batterymarch Park, Quincy, Massachusetts.
(q) (p)
"NFPA 1" means the uniform
fire code, "Uniform Fire
Code", 2006 edition, developed by NFPA.
(r) (q)
"NFPA 72" means the
"National Fire Alarm Code", 2002
edition, developed by NFPA.
(s) (r)
"NFPA 101" means the
"Life Safety Code", 2009 edition,
developed by NFPA.
(t) (s)
"NFPA 1123" means the
"Code for Fireworks Display",
2010 edition, developed by NFPA.
(u) (t)
"NFPA 1124" means the
"Code for the Manufacture,
Transportation, Storage, and Retail Sales of Fireworks and
Pyrotechnic Articles", 2006 edition, developed by NFPA.
(v) (u)
"NFPA 1126" means the
"Standard for the Use of
Pyrotechnics Before a Proximate Audience", 2011 edition, developed
by NFPA.
(w) (v)
"Novelties" means that
term as defined under APA
standard
Standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5
and all of the following:
(i) Toy plastic or paper caps for toy pistols in sheets,
strips, rolls, or individual caps containing not more than .25 of a
grain of explosive content per cap, in packages labeled to indicate
the maximum explosive content per cap.
(ii) Toy pistols, toy cannons, toy canes, toy trick
noisemakers, and toy guns in which toy caps as described in
subparagraph (i) are used, that are constructed so that the hand
cannot come in contact with the cap when in place for the
explosion, and that are not designed to break apart or be separated
so as to form a missile by the explosion.
(iii) Flitter sparklers in paper tubes not exceeding 1/8 inch
in diameter.
(iv) Toy snakes not containing mercury, if packed in cardboard
boxes with not more than 12 pieces per box for retail sale and if
the manufacturer's name and the quantity contained in each box are
printed
on the box, ; and
toy smoke devices.
(x) (w)
"Permanent building or
structure" is a building or
structure that is affixed to a foundation on a site that has fixed
utility connections and that is intended to remain on the site for
more than 180 consecutive calendar days.
(y) (x)
"Person" means an
individual, agent, association,
charitable organization, company, limited liability company,
corporation, labor organization, legal representative, partnership,
unincorporated organization, or any other legal or commercial
entity.
(z) (y)
"Retailer" means a person
who that sells consumer
fireworks or low-impact fireworks for resale to an individual for
ultimate use.
(aa) (z)
"Retail location" means a
facility listed under NFPA
1124, 7.1.2.
(bb) (aa)
"Rule" means a rule, as that term as is defined in
section 7 of the administrative procedures act of 1969, 1969 PA
306,
MCL 24.207, that was promulgated by the department.
(cc) (bb)
"Serious impairment of a body
function" means that
term as defined in section 58c of the Michigan vehicle code, 1949
PA 300, MCL 257.58c.
(dd) (cc)
"Serious violation" means
a violation of this act,
an order issued under this act, or a rule promulgated or adopted by
reference under this act for which a substantial probability exists
that
death or serious impairment of a body function to a person an
individual other than the violator may result unless the violator
did not and could not, with the exercise of reasonable diligence,
know of the presence of the violation.
(ee) (dd)
"Special effects" means a
combination of chemical
elements or chemical compounds capable of burning independently of
the oxygen of the atmosphere and designed and intended to produce
an audible, visual, mechanical, or thermal effect as an integral
part of a motion picture, radio, television, theatrical, or opera
production or live entertainment.
(ff) (ee)
"State fire marshal"
means the state fire marshal
appointed under section 1b of the fire prevention code, 1941 PA
207, MCL 29.1b.
(gg) (ff)
"Warehouse" means a
permanent building or structure
used primarily for the storage of consumer fireworks or low-impact
fireworks.
(hh) (gg)
"Wholesaler" means any
a person who that sells
consumer fireworks or low-impact fireworks to a retailer or any
other
person for resale. Wholesaler does not include a person who
that sells only display fireworks or special effects.
Sec. 4. (1) A person shall not sell consumer fireworks unless
the person annually obtains and maintains a consumer fireworks
certificate from the department under this section.
(2)
A person who knows, or should know,
that he or she is
required
to comply with this subsection and who that fails or
neglects
to do so comply with
subsection (1) is guilty of a
misdemeanor
punishable by imprisonment for not more than 2 years or
a
fine, or both, with the fine as follows:responsible for a civil
fine as follows:
(a)
For a first violation, of this subsection, not more than
$5,000.00. The department shall determine the amount of the fine
imposed under this subdivision by applying a scale, as developed by
the department, that reflects the severity of the violation.
(b)
For a second violation, of this subsection, not more than
$20,000.00.
(c)
For a third or subsequent violation, of this subsection,
not more than $40,000.00.
(3) (2)
An application applicant for a consumer fireworks
certificate
shall meet do all of the following: requirements:
(a)
The application shall be submitted Submit an application
no later than April 1 of each year in which the applicant will sell
consumer
fireworks. are to be sold.
(b)
The application shall list Include
on the application the
name and address of each retail location from which the applicant
will
sell consumer fireworks. are
to be sold.
(c)
The application shall be accompanied by a Submit with the
application all of the following, as applicable:
(i) A nonrefundable consumer fireworks certificate fee of
$1,000.00
$1,250.00 for a certificate for each retail location
that
is
a permanent building or structure or $600.00 $1,000.00 for each
retail
location that is not a permanent building or structure. The
fireworks
certificate fee required to be paid for a retail location
that
is not a permanent building or structure shall not exceed 60%
of
the fireworks certificate fee for a retail location that is a
permanent
building or structure. If the
application includes 10 or
more retail locations that are not permanent buildings or
structures, the fee described in this subdivision shall be $700.00
for each of those locations.
(ii) For an applicant who applies for a consumer fireworks
certificate for a retail location that is not a permanent building
or structure and who does not hold a consumer fireworks certificate
for a permanent building or structure, a bond in the amount of
$5,000.00 to secure the collection of estimated sales tax and
fireworks safety fees.
(iii) (d)
The application shall be accompanied by a A copy of
the applicant's current sales tax license, including the
applicant's account number, issued by the department of treasury
for each retail location where the applicant will sell consumer
fireworks. are
to be sold by the applicant.
(iv) Any other document required by the department.
(4) The department shall not issue an initial consumer
fireworks certificate to an applicant until the department of
treasury has confirmed to the department that each sales tax
license submitted by the applicant is current and valid, and that
the applicant is otherwise eligible to obtain a consumer fireworks
certificate under this act.
(5) (3)
A consumer fireworks certificate
issued under this
section is valid from the date of issue until April 30 of the year
after
it was following the year in
which it is issued. A person may
renew a consumer fireworks certificate for a retail location by
making
application in the same manner as provided under subsection
(2).
However, the on a form
prescribed by the department certifying
that all information on file with the department is true and
correct, that the person's sales tax license for the retail
location is current and valid, and that the person has properly
remitted all required fireworks safety fees for the preceding year.
The
department shall not issue a may deny the renewal of a consumer
fireworks
certificate unless if the department determines that the
applicant
did not properly remitted remit all
of the required
fireworks
safety fees required to be paid in the preceding year.
For all preceding years, or sales tax for any of the preceding 5
years, during which the applicant held a consumer fireworks
certificate. The department shall provide to the department of
treasury the sales tax license information received from the
applicant and any additional information as may be necessary to
allow the department of treasury to confirm that each sales tax
license submitted by the applicant is current and valid. The
department shall enter into an agreement with the department of
treasury under section 28(1) of 1941 PA 122, MCL 205.28, that will
allow the department of treasury to provide that information to the
department.
The department shall not issue an original or renewal
consumer
fireworks certificate to an applicant until the department
of
treasury has confirmed to the department that each sales tax
license
submitted by the applicant is current and valid, and that
the
applicant is otherwise eligible to obtain a consumer fireworks
certificate
under this act.
(6) (4)
Not more than 30 days after an
application is and all
required supporting documentation and fees are submitted to the
department
under this section, the department shall issue or deny
issuance
of a consumer fireworks certificate
to the applicant and,
if
issuance is denied, or deny
the application. If the department
denies the application, the department shall indicate to the
applicant the reason for denial.
(7) (5)
If the department denies issuance
of an application
for a consumer fireworks certificate under this section, the
applicant
may cure any defect of in the application within 45 days
after the denial without paying an additional fee. The department
shall
not unreasonably delay or deny an application. under this
section.
(8) (6)
A consumer fireworks certificate is
transferable upon
approval
by the department and the payment of a $25.00 $250.00
transfer
fee. However, the The department shall not approve the
transfer of a consumer fireworks certificate unless the transferee
satisfies
does not satisfy the eligibility requirements for an
original consumer fireworks certificate under this act. The
department shall not process a request for a transfer of location
between June 1 and July 31.
(9) (7)
The holder of a consumer fireworks
certificate shall
prominently display the original certificate or a copy of the
certificate
in the appropriate each retail location to which the
certificate applies. A person that violates this subsection is
responsible
for a civil fine of $100.00. Each day that the consumer
fireworks
certificate is not displayed as required under this
subsection
is a separate violation.$200.00.
(10) (8)
The department shall not issue a
consumer fireworks
certificate
to a either of the
following:
(a) A person that is ineligible under this act.
(b) A person that has an outstanding fine issued under this
act not currently under appeal.
(11) (9)
The face of the consumer fireworks
certificate shall
must indicate the location or address for which it was issued.
(12) (10)
Fees collected under this section
shall be deposited
in the fireworks safety fund.
Sec. 5. (1) Consumer A person shall not sell consumer
fireworks
shall only be sold from a retail location if unless all
of
the following applicable conditions are met:
(a)
Except as provided in subdivision (b), a the retail
location and any adjacent or directly associated retail storage
satisfies the applicable requirements of NFPA 101 and NFPA 1124 for
consumer and low-impact fireworks that are 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 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. Beginning on the effective date of the 2018 act that added
this sentence and notwithstanding the NFPA 1124 requirements
regarding automatic sprinkler systems, if the retail location is in
a permanent multitenant building or structure, the building or
structure must be equipped with an automatic sprinkler system. The
requirement for an automatic sprinkler system described in this
subdivision does not apply to the retail location of a person that
held a consumer fireworks certificate for a retail location of the
same address in a permanent building or structure during the
calendar year before the effective date of the 2018 act that added
this sentence.
(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 federal department of the treasury, internal
revenue
service. This requirement does not
apply to a retailer that
is a sole proprietorship.
(2)
A person that knows, or should know, that he or she is
required
to comply with subsection (1) and who that fails or
neglects
to do so comply with subsection
(1) is responsible for a
civil fine of not more than $2,500.00 for each violation. The
department shall determine the amount of the fine imposed under
this subsection by applying a scale, as developed by the
department, that reflects the severity of the violation. Each day
that
a person is in noncompliance constitutes is a separate
violation.
(3)
During periods when any
period of time in which a person
is
selling consumer fireworks, are
sold, each retail location
selling
consumer fireworks either shall be added the person shall
add as an additional insured, or obtain and maintain public
liability
and product liability insurance coverage shall be
obtained
and maintained, for, each
retail location at which the
person is selling consumer fireworks, in an amount not less than
$10,000,000.00
per occurrence. A person that knows, or should know,
that
he or she is required to comply with this subsection and who
fails
or neglects to do so is liable for If
the department
determines that a person has failed or neglected to comply with
this subsection, the department shall order the person to
immediately cease operations and pay a civil fine of not more than
$5,000.00.
(4) A retailer shall provide with every purchase of consumer
fireworks a notice listing the dates and times permitted under this
act for the ignition, discharge, and use of consumer fireworks. The
notice shall begin with the following statement: "State law
permits, under MCL 28.457, the ignition, discharge, and use of
consumer fireworks at the following times:". The retailer may
provide the notice in a form and manner determined by the retailer,
including, but not limited to, printing or stamping the notice on,
or affixing the notice to, a receipt, bag, or the product being
purchased, or a printed handout provided at the time of purchase.
Posting the notice on a wall, window, display, or otherwise, at the
retail location, does not satisfy the requirements of this
subsection. A retailer who fails to provide the notice required by
this subsection is responsible for a civil fine of $100.00 for each
day on which 1 or more violations occur. The department shall
provide for the remittance of the fine collected under this
subsection to the local law enforcement agency responsible for
enforcing the notice requirement.
(5) A person shall not engage in the retail sale of consumer
fireworks over the telephone, internet, or other like manner unless
the consumer fireworks are picked up or shipped from a permanent
location for which the person holds a valid consumer fireworks
certificate.
Sec. 6. (1) The department shall establish and maintain, or
cause
to be created established and maintained, an internet website
that has as its purpose the protection of the residents of this
state
who purchase, use, or transport fireworks. The website shall
must
include, at a minimum, but is not limited to, both of the
following:
(a)
A list of every person and entity that is issued a
consumer fireworks certificate under section 4.
(b)
A low-impact fireworks retail registry. All of the
following
apply to the online low-impact fireworks retail registry:
(i) It shall be maintained and operated at no cost to
a user.
(ii) The cost of its maintenance and operation shall be
paid
with
funds described in section 11(4).
(iii) It shall provide for instant registry without
condition.
(2)
Beginning February 1, 2012, a A
person shall not sell low-
impact
fireworks unless he or she that
person registers with the
low-impact fireworks retail registry not less than 10 days before
selling the fireworks in each calendar year and pays a $100.00
registry application fee for each retail location registered. For a
person with multiple retail locations, the registry application
fees in total shall not exceed $1,000.00. A person that holds a
valid consumer fireworks certificate issued under section 4 is not
required to register with the low-impact fireworks retail registry.
(3)
A If the department
determines that a person who that
sells
low-impact fireworks at retail and who fails has failed to
register as described in this section, the department shall order
the person to immediately cease the sale of low-impact fireworks
until the person complies with subsection (2) and pay a civil fine
of not more than $1,000.00.
Sec. 8. (1) A user fee, known as the fireworks safety fee, is
imposed on retail transactions made in this state for consumer
fireworks and low-impact fireworks as provided in section 9.
(2) A person that acquires consumer fireworks or low-impact
fireworks in a retail transaction is liable for the fireworks
safety fee on the transaction and, except as otherwise provided in
this act, shall pay the fireworks safety fee to the retailer as a
separate added amount to the consideration in the transaction. The
retailer shall collect the fireworks safety fee as an agent for the
state.
(3) The fireworks safety fee shall be deposited in the
fireworks safety fund.
(4)
A person that knows or should know that he or she is
required
to comply with the requirements of subsection (2) but
fails
to collect or remit a fireworks safety fee as required under
this
section is guilty of a misdemeanor punishable by responsible
for a civil fine as follows:
(a)
For a first violation, of this subsection, not more than
$10,000.00.
(b)
For a second violation, of this subsection, not more than
$20,000.00.
(c)
For a third or subsequent violation, of this subsection,
not more than $40,000.00.
Sec.
10. (1) The retailer or person to whom A person that
holds
a consumer fireworks certificate is
issued is responsible for
remitting all fireworks safety fees, as described in section 9, to
the
department. on forms The person shall remit the fees collected
with
a form provided and in the a manner
prescribed by the
department. ;
The person shall hold in
trust for the state the
fireworks
safety fees collected in trust
for the state until those
fees
are remitted to the state. ;
and An individual who holds a
consumer fireworks certificate is personally liable for the payment
of
the fireworks safety fee money to this state.fees collected.
(2) The department may refer for collection to the department
of treasury past due amounts of the fireworks safety fee consistent
with section 13 of 1941 PA 122, MCL 205.13 or may initiate
subrogation for collection within the department.
(3)
A retailer or person that
is responsible for remitting the
collected fireworks safety fees under subsection (1) shall remit
the
fireworks safety those fees no later than 20 days after the end
of
each preceding month. A retailer or person that operates 25 or
more retail locations in this state that are permanent buildings or
structures
may remit the fireworks safety collected
fees in an
aggregate filing under 1 common identification number as determined
by the department.
(4)
The department shall investigate any fireworks safety fees
reported,
but not paid, by a retailer no later than September 30 of
each
year.
(4) A person that fails to remit a fireworks safety fee as
required under this section is responsible for a civil fine as
follows:
(a) For a first violation, not more than $10,000.00.
(b) For a second violation, not more than $20,000.00.
(c) For a third or subsequent violation, not more than
$40,000.00.
Sec. 11. (1) The fireworks safety fund is created within the
department of treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall expend money deposited in the fund as
follows:
(a) One hundred percent of the money received from fireworks
safety fees under section 8 to be used for the training of
firefighters under the direction and approval of the firefighters
training council established under the firefighters training
council act, 1966 PA 291, MCL 29.361 to 29.377.
(b) One hundred percent of the money received from consumer
fireworks
safety certificates certificate
fees under section 4 to
administer this act and to pay the costs of delegating inspections
under this act to local units of government under subsection (5).
(c) One hundred percent of the money received from the fees
collected under section 11 of the firefighters training council
act, 1966 PA 291, MCL 29.371, to be used for the training of
firefighters under the direction and approval of the firefighters
training council established under the firefighters training
council act, 1966 PA 291, MCL 29.361 to 29.377.
(5) The department may establish a program for delegating
inspection duties under this act to 1 or more local units of
government. If a local unit of government agrees to carry out
inspections,
the department shall pay 70% 50%
of the consumer
fireworks
safety certificate fee paid by each retail location
inspected by the local unit of government and retain the remaining
30%
50% of that fee. If a local unit of government declines
to
participate in the program described in this subsection, the
department
retains shall retain its inspection duties under this
act.
Sec. 12. (1) A person shall not ignite, discharge, or use
consumer fireworks on public property, school property, church
property, or the property of another person without that
organization's or person's express permission to use those
fireworks on those premises. Except as otherwise provided in this
section, a person that violates this subsection is responsible for
a state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
(2)
Consumer A person shall
not sell consumer fireworks shall
not
be sold to a minor. A person that
violates this subsection
shall
be ordered to pay a civil fine of not more than $500.00,
$1,000.00, or, for a second or subsequent violation of this
subsection,
a civil fine of not more than $1,000.00. In addition,
$2,500.00. For a second or subsequent violation, the department
shall
suspend the person's consumer fireworks
certificate shall be
suspended
for 90 days after the beginning on the date a civil fine
is
ordered. for a second or subsequent violation. This age
requirement
The age of an individual
purchasing consumer fireworks
shall be verified by any of the following:
(a) An operator's or chauffeur's license issued under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(b) An official state personal identification card issued
under 1972 PA 222, MCL 28.291 to 28.300.
(c) An enhanced driver license or enhanced official state
personal identification card issued under the enhanced driver
license and enhanced official state personal identification card
act, 2008 PA 23, MCL 28.301 to 28.308.
(d) A military identification card.
(e) A passport.
(f) Any other bona fide photograph identification that
establishes the identity and age of the individual.
(3) An individual shall not discharge, ignite, or use consumer
fireworks or low-impact fireworks while under the influence of
alcoholic liquor, a controlled substance, or a combination of
alcoholic liquor and a controlled substance. A person that violates
this subsection is responsible for a state civil infraction and may
be ordered to pay a civil fine of not more than $1,000.00. As used
in this subsection:
(a) "Alcoholic liquor" means that term as defined in section
1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.
(b) "Controlled substance" means that term as defined in
section 8b of the Michigan vehicle code, 1949 PA 300, MCL 257.8b.
(4)
An individual who violates the smoking prohibition under
described in NFPA 1124, 7.3.11.1, regardless of the type or
quantity
of consumer or low-impact fireworks present, is guilty of
a
misdemeanor punishable by imprisonment for not more than 1 year
or
responsible for a civil
fine of not more than $1,000.00. ,
or
both.
(5) Signage stating the smoking prohibition described in
subsection (4) satisfies the requirements of NFPA 1124.
Sec. 14. (1) A governmental or law enforcement agency that
identifies a firework that is in violation of this act shall secure
the firework and immediately notify the department of the alleged
violation. The department or law enforcement agency shall
investigate the alleged violation for compliance with this act.
within
a reasonable time.
(2) If the department or law enforcement agency determines
through its investigation under subsection (1) that a violation of
this act has occurred, except for a violation of section 6(2), the
department or law enforcement agency may seize the firework as
evidence
of the violation. Evidence The
department or law
enforcement agency shall store, or cause to be stored, the evidence
seized
under this section shall be stored pending disposition of
any
criminal or civil proceedings arising from a the violation. of
this
act at the expense of the person, if If the person subject to
criminal or civil proceedings under this section is found guilty,
responsible, or liable for the violation, the person shall be
required to pay the storage expense for the evidence seized.
Sec. 15. (1) Fireworks seized for an alleged violation of this
act shall be stored in compliance with this act and the rules
promulgated under this act.
(2) Following a final disposition of an appeal of a conviction
for
violating under this act
that affirms the conviction, the
seizing
agency in possession department
may dispose of or destroy
any fireworks retained as evidence in that prosecution.
(3)
The A person from whom fireworks are seized under this act
shall pay the actual costs of storage and disposal of the seized
fireworks if found guilty, responsible, or liable for a violation
under this act.
(4)
The department of state police and the The department may
use fireworks described in subsection (2) for training purposes.
Sec. 16. (1) The legislative body of a city, village, or
township, upon application in writing on forms provided by the
department on the department's website and payment of a fee set by
the legislative body, if any, may grant a permit for the use of
agricultural or wildlife fireworks, articles pyrotechnic, display
fireworks, consumer fireworks, or special effects manufactured for
outdoor pest control or agricultural purposes, or for public or
private display within the city, village, or township by
municipalities, fair associations, amusement parks, or other
organizations or individuals approved by the city, village, or
township authority, if the applicable provisions of this act are
complied
with. met. After a permit has been granted, sales,
possession,
or transportation of a permit
holder may sell, possess,
or transport fireworks for only the purposes described in the
permit. only
may be made. A permit granted under this subsection is
not transferable and shall not be issued to a minor.
(2) Before a permit for articles pyrotechnic or a display
fireworks
ignition is issued, the person , firm, or corporation
applying for the permit shall furnish proof of financial
responsibility by a bond or insurance in an amount, character, and
form deemed necessary by the local governing authority to protect
the public and to satisfy claims for damages to property or
personal injuries arising out of an act or omission on the part of
the
person , firm, or corporation or an agent or employee of the
person. ,
firm, or corporation, and to protect the public.
(3)
A The department shall not
issue under this act a permit
shall
not be issued under this act to a
nonresident person , firm,
or
corporation for ignition of
articles pyrotechnic or display
fireworks
in this state until the person , firm, or corporation has
appointed in writing a resident member of the bar of this state or
a resident agent to be the legal representative upon whom all
process
in an action or proceeding against the person , firm, or
corporation
may be served.
(4)
The Before granting a
permit under this act, the local
governing authority shall rule on the competency and qualifications
of
an articles pyrotechnic and display fireworks operators as
required
operator, as furnished by the
operator on the operator's
application form, in accordance with the requirements provided
under
NFPA 1123, as the operator has furnished in his or her
application
form, and on the time, place, and
safety aspects of the
display
of articles pyrotechnic or display fireworks. before
granting
permits.
(5) A local unit of government that charges and collects a fee
to issue a permit under this section shall retain the collected
fee. paid.
Sec. 17. Except as otherwise provided in this act, this act
does not prohibit any of the following:
(a) A wholesaler, retailer, commercial manufacturer, or
importer from selling, storing, using, transporting, or
distributing consumer fireworks or low-impact fireworks.
(b) The use of fireworks by railroads or other transportation
agencies or law enforcement agencies for signal purposes or
illumination.
(c) The use of agricultural or wildlife fireworks.
(d) The sale or use of blank cartridges for any of the
following:
(i) A show or play.
(ii) Signal or ceremonial purposes in athletics or sports.
(iii) Use by military organizations.
(iv) Use by law enforcement agencies.
(e) The possession, sale, or disposal of fireworks incidental
to the public display of fireworks by wholesalers or other persons
who
possess a permit to possess, store, and or sell explosives from
the bureau of alcohol, tobacco, firearms, and explosives of the
United
States department of justice.Department
of Justice.
(f) Interstate wholesalers from selling, storing, using,
transporting, or distributing fireworks.
(g) A person from parking a motor vehicle, or trailer, that is
not being used for the storage of consumer fireworks, within 10
feet of a permanent building or structure used in the retail sale
of consumer fireworks.
Sec. 17a. (1) If, as a result of an inspection or
investigation, the state fire marshal or the state fire marshal's
designee believes that a person has violated this act, an order
issued under this act, or a rule promulgated under this act, the
state
fire marshal or his or her the
state fire marshal's designee
shall
issue a citation to the person not more than 90 days after
the completion of the physical inspection or investigation.
(2) The state fire marshal or the state fire marshal's
designee shall issue the citation described in subsection (1) to
the holder of the consumer fireworks certificate for, or to a
person conducting or directing the sale of consumer fireworks
without a consumer fireworks certificate at, the retail location
that is the subject of the inspection or investigation. A holder of
a consumer fireworks certificate, or a person conducting or
directing the sale of consumer fireworks without a consumer
fireworks certificate, as described in this subsection, is
responsible for the acts or omissions of an individual under that
person's employ or control.
(3) (2)
Except as otherwise provided in
this act, upon
issuance of a citation, the state fire marshal may immediately
suspend
the consumer fireworks certificate of the person to whom
receiving
the citation. was
issued.
(4) (3)
Upon a proper petition, a court of
competent
jurisdiction may enjoin a violation of this act.
(5) (4)
All of the following apply to a
citation issued by the
state fire marshal or the state fire marshal's designee under this
act:
(a) It shall be in writing.
(b) It shall state on its face that it is an allegation of a
violation of this act, describe with particularity the nature of
the violation, and include a reference to the provision, rule, or
order alleged to be violated.
(c) It shall contain all of the following:
(i) The date of the citation.
(ii) The name and title of the individual who issued the
citation.
(iii) The name and address of the person to whom receiving the
citation. is
issued.
(iv) The actions necessary to bring the person to
whom
receiving
the citation is issued into
compliance, including the
payment of a fine.
(v) A space for the signature of the person to whom
receiving
the
citation is issued indicating that the person has received the
citation.
(vi) A space where the person to whom receiving the citation
is
issued may accept the citation and
agree to comply or, in the
alternative,
may indicate the person's intent of the person to whom
the
citation is issued to contest the
citation.
(vii) A notice that the person to whom receiving the citation
is
issued shall must accept or reject the terms of the citation in
writing
within 15 days of the date receipt of
the citation.
(viii) A brief description of the administrative hearing
process and the process for settlement as provided for by rule.
(d)
A citation may either be mailed to the person to whom
receiving
the citation is issued by
certified mail, return receipt
requested, or delivered in person by the state fire marshal, or the
state fire marshal's designee who issued the citation.
Sec. 18a. (1) Except as otherwise provided in this section, a
person
who that receives a citation for a serious violation, an
order issued under this act, or a rule promulgated under this act
shall be assessed a civil fine of not more than $1,000.00 for each
violation.
(2)
Except as otherwise provided in this section, a person who
that receives a citation for a violation of this act that is not a
serious violation may be assessed a civil fine of not more than
$500.00 for each violation.
(3) Subsections (1) and (2) do not apply to violations for
which a specific civil fine is provided by this act.
(4) The state fire marshal may request that the prosecuting
attorney for the county in which a violation of this act occurred
issue
a complaint and request a warrant for the prosecution of a
person
an individual who commits a criminal violation of this act.
(5)
All A civil fines collected fine ordered under this
section
act shall be paid to the department within 15 working
days
after
the date the penalty civil
fine is ordered, not subject to
further review, and credited to the fireworks safety fund.
(6) The department of treasury shall institute proceedings to
collect any civil fines ordered but not paid under this act.
Sec.
18b. (1) The department shall not issue, and a person an
individual is ineligible to be issued, a consumer fireworks
certificate
if, either of the following apply:as verified by the
internet criminal history access tool (ICHAT) maintained by the
department of state police, the individual was convicted of a
felony involving theft, fraud, or arson.
(a)
The person was sentenced for a felony conviction within
the
preceding 5 years.
(b)
The person has ever been convicted of a felony involving
theft,
fraud, or arson.
(2)
If a person is convicted of a crime that would cause the
person
to be ineligible to be issued a consumer fireworks
certificate
on April 30 of the following year, the person's
consumer
fireworks certificate shall be revoked for the balance of
the
year for which the person's current consumer fireworks
certificate
was issued.If due to a
criminal conviction an
individual will be ineligible for a consumer fireworks certificate
on April 30 of the year following the year for which the individual
currently holds a consumer fireworks certificate, the department
shall revoke the current consumer fireworks certificate for the
balance of the current year.
Sec.
18c. (1) A person who that
is convicted found responsible
for
any of the following offenses is
ineligible, beginning on the
date of the finding, to obtain a consumer fireworks certificate for
the
following periods period of time after conviction:indicated:
(a)
For a A second violation of section 4(1), 5 years.
(b)
For a A third or subsequent violation of section 4(1), 10
years.
(c)
For a A first violation of section 8(4), 1 year.
(d)
For a A second violation of section 8(4), 5 years.
(e)
For a A third or subsequent violation of section 8(4), 10
years.
(f)
For a A violation of subject to section 18(1)(b),
1 year.
(g)
For a A violation of subject to section 18(1)(c),
permanently.
(h)
For a A violation of subject to section 18(1)(d),
permanently.
(2) A sanction imposed under subsection (1) shall be imposed
in addition to any other penalty or sanction imposed for a
violation of this act.
Enacting section 1. Section 13 of the Michigan fireworks
safety act, 2011 PA 256, MCL 28.463, is repealed.