A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 5 and 7 (MCL 28.455 and 28.457), section 5 as amended by 2018 PA 634 and section 7 as amended by 2018 PA 635.
House Bill No. 5872 proposes amendments to the Michigan Fireworks Safety Act of 2011, specifically targeting sections 5 and 7 (MCL 28.455 and 28.457). The bill outlines several key provisions aimed at regulating the sale and use of consumer fireworks. Retailers are required to ensure that their retail locations and associated storage comply with the National Fire Protection Association (NFPA) standards and the Stille-DeRossett-Hale Single State Construction Code Act. Permanent retail structures must be equipped with fire suppression systems, and multitenant buildings must have automatic sprinkler systems, with certain exemptions for previously certified locations. Retailers must also be licensed under the General Sales Tax Act, possess a valid federal taxpayer identification number, and maintain a minimum of $10,000,000 in liability insurance per occurrence. Non-compliance with these requirements can result in civil fines up to $2,500 per violation, with additional fines and operational cessation for insurance non-compliance. The bill mandates that retailers provide a notice with every fireworks purchase, detailing the legal dates and times for fireworks use, and any local ordinances that may apply. Failure to provide this notice can result in a $100 fine per day. Additionally, the sale of consumer fireworks via telephone or internet is restricted unless the fireworks are picked up or shipped from a certified permanent location. Local governments are restricted from enacting ordinances that regulate the sale, display, storage, transportation, or distribution of fireworks, but they may regulate the ignition, discharge, and use of consumer fireworks, with specific exemptions for certain holidays and times. Violations of local ordinances can incur a $1,000 fine, with half of the collected fines remitted to local law enforcement. Local governments with larger populations or those in populous counties may regulate temporary structures used for fireworks sales, but cannot prohibit the storage, transportation, or distribution of fireworks by certified retailers in permanent structures. The bill also allows local governments to require retailers to display signs detailing the legal dates and times for fireworks use and any local restrictions. They may also specify the form and manner in which retailers must provide notice to consumers.
Introduced
by
Referred to the Committee on Regulatory Reform
