HOUSE BILL No. 4263
February 11, 1997, Introduced by Reps. Gire, Schauer, McBryde, Callahan, LaForge and Perricone and referred to the Committee on Regulatory Affairs.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 243a, 243b, 243c, and 243d (MCL 750.243a,
750.243b, 750.243c, and 750.243d), sections 243a and 243d as
amended by 1980 PA 422.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 243a. (1) As used in this chapter:
2 (a) "Fireworks" means a device made from explosive or flam-
3 mable compositions used primarily for the purpose of producing a
4 visible display or audible effect, or both, by combustion, defla-
5 gration, or detonation. Fireworks includes class B fireworks and
6 class C fireworks.
7 (b) "Class B fireworks" means toy torpedoes, railway
8 torpedoes, firecrackers or salutes that do not qualify as class C
9 fireworks, exhibition display pieces, aeroplane flares,
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1 illuminating projectiles, incendiary projectiles, incendiary
2 grenades, smoke projectiles or bombs containing expelling charges
3 but without bursting charges, flash powders in inner units not
4 exceeding 2 ounces each, flash sheets in interior packages, flash
5 powder or spreader cartridges containing not more than 72 grains
6 of flash powder each, and other similar devices.
7 (c) "Class C fireworks" means toy smoke devices, toy caps
8 containing not more than .25 grains of explosive mixture, toy
9 propellant devices, cigarette loads, trick matches, trick noise
10 makers, smoke candles, smoke pots, smoke grenades, smoke signals,
11 hand signal devices, Very signal cartridges, sparklers, explosive
12 auto alarms, and other similar devices.
13 (A) "CLASS B FIREWORKS" MEANS 1 OR MORE OF THE FOLLOWING:
14 (i) A TOY TORPEDO, RAILWAY TORPEDO, FIRECRACKER, OR SALUTE
15 THAT DOES NOT QUALIFY AS CLASS C FIREWORKS.
16 (ii) AN EXHIBITION DISPLAY PIECE, AEROPLANE FLARE, ILLUMI-
17 NATING PROJECTILE, INCENDIARY PROJECTILE, INCENDIARY GRENADE,
18 SMOKE PROJECTILE, OR BOMB THAT CONTAINS AN EXPELLING CHARGE BUT
19 THAT DOES NOT CONTAIN A BURSTING CHARGE.
20 (iii) FLASH POWDER IN AN INNER UNIT THAT DOES NOT EXCEED 2
21 OUNCES PER UNIT.
22 (iv) A FLASH SHEET IN AN INTERIOR PACKAGE.
23 (v) A FLASH POWDER OR SPREADER CARTRIDGE CONTAINING NOT MORE
24 THAN 72 GRAINS OF FLASH POWDER.
25 (vi) ANY OTHER DEVICE SUBSTANTIALLY SIMILAR TO A DEVICE
26 DESCRIBED IN SUBPARAGRAPHS (i) TO (v).
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1 (B) "CLASS C FIREWORKS" MEANS 1 OR MORE OF THE FOLLOWING:
2 (i) A TOY SMOKE DEVICE.
3 (ii) A TOY CAP CONTAINING NOT MORE THAN .25 GRAINS OF EXPLO-
4 SIVE MIXTURE.
5 (iii) A TOY PROPELLANT DEVICE.
6 (iv) A CIGARETTE LOAD.
7 (v) A TRICK MATCH.
8 (vi) A TRICK NOISE MAKER.
9 (vii) A SMOKE CANDLE, SMOKE POT, SMOKE GRENADE, OR SMOKE
10 SIGNAL.
11 (viii) A HAND SIGNAL DEVICE.
12 (ix) A VERY SIGNAL CARTRIDGE.
13 (x) A SPARKLER.
14 (xi) AN EXPLOSIVE AUTO ALARM.
15 (xii) ANY OTHER DEVICE SUBSTANTIALLY SIMILAR TO A DEVICE
16 DESCRIBED IN SUBPARAGRAPHS (i) TO (xi).
17 (C) "FIREWORKS" MEANS A DEVICE MADE FROM AN EXPLOSIVE OR
18 FLAMMABLE COMPOSITION THAT IS USED PRIMARILY TO PRODUCE A VISIBLE
19 DISPLAY OR AUDIBLE EFFECT, OR BOTH, BY COMBUSTION, DEFLAGRATION,
20 OR DETONATION. FIREWORKS INCLUDES CLASS B FIREWORKS AND CLASS C
21 FIREWORKS.
22 (D) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
23 ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.
24 (2) Except as provided in subsection (3) and sections 243b,
25 243c, and 243d, a person , firm, partnership, or corporation
26 shall not offer for sale, expose for sale, sell at retail, keep
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1 with intent to sell at retail, possess, give, furnish, transport,
2 use, explode, or cause to explode any of the following:
3 (a) A blank cartridge, blank cartridge pistol, toy cannon,
4 toy cane, or toy gun in which explosives are used.
5 (b) An unmanned balloon which THAT requires fire under-
6 neath to propel it and THAT is not moored to the ground while
7 aloft.
8 (c) Firecrackers, torpedoes, skyrockets, roman candles,
9 daygo bombs, bottle rockets, whistling chasers, rockets on
10 sticks, A FIRECRACKER, TORPEDO, SKYROCKET, ROMAN CANDLE, DAYGO
11 BOMB, BOTTLE ROCKET, WHISTLING CHASER, ROCKET ON A STICK, or
12 other fireworks FIREWORK of like SUBSTANTIALLY SIMILAR
13 construction.
14 (d) Fireworks containing an explosive or inflammable
15 FLAMMABLE compound. or a
16 (E) A tablet or other device commonly used and sold as fire-
17 works containing nitrates, fulminates, chlorates, oxalates,
18 sulphides THAT CONTAINS A NITRATE, FULMINATE, CHLORATE, OXALATE,
19 SULPHIDE of lead, barium, antimony, arsenic, mercury, nitroglyc-
20 erine, phosphorus, or a compound containing these or ANY other
21 modern explosives.
22 (3) A permit is not required for ANY OF the following:
23 (a) Flat paper caps containing not more than .25 of a grain
24 of explosive content per cap, in packages A PACKAGE labeled to
25 indicate the maximum explosive content per cap.
26 (b) Toy pistols A TOY PISTOL, toy cannons CANNON, toy
27 canes CANE, toy trick noise makers MAKER, and OR toy guns
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1 GUN of a type approved by the director of the department of state
2 police in which paper caps as described in subdivision (a) are
3 used and which are so THAT IS constructed SO that the A hand
4 cannot come in contact with the cap when THE CAP IS in place for
5 the explosion and which are THAT IS not designed to break apart
6 or be separated so as to form a missile by the explosion.
7 (c) Sparklers A SPARKLER containing not more than .0125
8 pounds of burning portion per sparkler MATERIAL.
9 (d) Flitter sparklers A FLITTER SPARKLER in A paper
10 tubes TUBE not exceeding 1/8 inch in diameter, A cone
11 fountains FOUNTAIN, and OR A cylinder fountains FOUNTAIN.
12 (e) Toy snakes A TOY SNAKE THAT DOES not containing
13 CONTAIN mercury, if THE TOY SNAKE IS packed in A cardboard
14 boxes BOX with not more than 12 pieces per box for retail sale
15 and if the manufacturer's name and the quantity OF TOY SNAKES
16 contained in each box are printed on the box. ; and toy smoke
17 devices.
18 (F) A TOY SMOKE DEVICE.
19 (G) (f) Possession, transportation, sale, or use of
20 POSSESSING, TRANSPORTING, SELLING, OR USING ANY OF THE
21 FOLLOWING:
22 (i) A signal flares FLARE of a type approved by the direc-
23 tor of the department of state police. ,
24 (ii) A blank cartridges CARTRIDGE or blank cartridge
25 pistols PISTOL specifically DESIGNED for a USE IN ANY OF THE
26 FOLLOWING:
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1 (A) A show or theater. , for the training
2 (B) TRAINING or exhibiting of dogs. , for signal
3 (C) SIGNAL purposes in athletic sports. , for use by
4 military
5 (D) MILITARY organizations. , and all items
6 (iii) ANY DEVICE described in subsection (2) THAT IS used OR
7 INTENDED TO BE USED by railroads A RAILROAD for emergency
8 signal purposes.
9 (H) (g) The sale of fireworks, provided they are to be
10 shipped directly out of FIREWORKS THAT ARE SOLD IN THIS STATE
11 BUT ARE DELIVERED BY THE SELLER DIRECTLY TO THE BUYER WHO IS NOT
12 PHYSICALLY LOCATED IN THIS state pursuant to AT THE TIME THE
13 DELIVERY IS MADE, AND THE DELIVERY IS MADE IN COMPLIANCE WITH
14 regulations of the United States department of transportation
15 covering the transportation of explosives and other dangerous
16 articles by motor, rail, and OR water.
17 Sec. 243b. (1) The council or commission of a city or vil-
18 lage or the township board of a township, upon application in
19 writing, on forms A FORM provided by the director of the
20 department of state police, may grant a permit for the TO AN
21 APPLICANT TO use of fireworks WITHIN THE POLITICAL JURISDICTION
22 OF THAT CITY, VILLAGE, OR TOWNSHIP THAT ARE otherwise prohibited
23 by section 243a, within their political jurisdiction,
24 manufactured for outdoor pest control or agricultural purposes,
25 or for public display by municipalities THE APPLICANT ON BEHALF
26 OF A MUNICIPALITY, fair associations ASSOCIATION, amusement
27 parks PARK, or other organizations ORGANIZATION or groups
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1 GROUP of individuals approved by the city, village, or township
2 authority. , if the applicable provisions of this act are com-
3 plied with. The permits A PERMIT shall be ISSUED on forms A
4 FORM provided by the director of the department of state police.
5 After IF a permit has been granted, sales, possession, or
6 transportation of IS ISSUED UNDER THIS SECTION, THE PERMIT
7 HOLDER MAY SELL, POSSESS, OR TRANSPORT fireworks for the
8 purposes ANY PURPOSE described in the permit. only made be
9 made. A permit granted ISSUED under this subsection shall IS
10 not be transferable, nor AND shall a permit NOT be issued
11 to a person under the age of AN INDIVIDUAL LESS THAN 18 years
12 OF AGE.
13 (2) The council or commission of a city or village or the
14 township board of a township, upon application in writing, may
15 grant a permit, on forms A FORM provided by the director of the
16 department of state police, to a resident wholesale dealer or
17 jobber to have FIREWORKS OTHERWISE PROHIBITED UNDER SECTION 243A
18 in his OR HER possession within the political jurisdiction ,
19 fireworks otherwise prohibited by section 243a, for sale only to
20 holders of permits as provided in this section. A permit granted
21 under this subsection is not transferable, nor AND shall a
22 permit NOT be issued to a person under the age of AN INDIVID-
23 UAL LESS THAN 18 years OF AGE.
24 (3) Before a permit for a pyrotechnic display is issued, the
25 person, firm, or corporation making application therefor FOR
26 THE PERMIT shall furnish proof of financial responsibility by a
27 bond or insurance in an amount deemed CONSIDERED necessary by
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1 the local governing authority to satisfy ALL claims for damages
2 to property or personal injuries arising out of an act or omis-
3 sion on the part of the person , firm, or corporation, or an
4 agent or employee thereof, OF THAT PERSON. THE BOND OR INSUR-
5 ANCE SHALL BE in the amount, character, and form the local
6 authority determines IS necessary for the protection of TO
7 PROTECT the public.
8 (4) A permit shall not be issued under this act to a nonres-
9 ident person , firm, or corporation for TO conduct of a pyro-
10 technic display in this state until the person , firm, or
11 corporation has appointed in writing a resident member of the
12 bar of this state STATE BAR OF MICHIGAN or a resident agent
13 OF THIS STATE to be his OR HER legal representative upon whom all
14 process in an action or proceeding against him OR HER may be
15 served.
16 (5) The local governing authority shall rule on CONSIDER
17 the competency and qualifications of operators A PROSPECTIVE
18 OPERATOR of A pyrotechnic displays, as the operator has DISPLAY
19 BASED UPON THE INFORMATION furnished in his OR HER application
20 form , and on BEFORE ISSUING A PERMIT UNDER THIS SECTION.
21 (6) THE LOCAL GOVERNING BODY SHALL SPECIFY the time, place,
22 and safety aspects of the displays DISPLAY before granting
23 permits ISSUING A PERMIT UNDER THIS SECTION.
24 Sec. 243c. Transportation of fireworks FIREWORKS SHALL BE
25 TRANSPORTED intrastate shall be made only IN COMPLIANCE with
26 the permits provided for in A PERMIT ISSUED UNDER this act and
27 as follows:
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1 (a) In accordance COMPLIANCE with United States department
2 of transportation regulations for transportation of
3 TRANSPORTING explosives and other dangerous articles by motor,
4 rail, and OR water, including, BUT NOT LIMITED TO, specifica-
5 tions for shipping containers.
6 (b) In A nonpassenger carrying vehicles VEHICLE, in THE
7 charge of a competent driver not less than WHO IS 18 years of
8 age OR OLDER, which are THAT IS equipped with a 15-pound carbon
9 dioxide FIRE EXTINGUISHER or a 10-pound dry chemical fire extin-
10 guisher ; and in WHICH or near which smoking shall be IS pro-
11 hibited while loading, unloading, or transporting fireworks.
12 Sec. 243d. The storage of fireworks at the site of a whole-
13 saler, dealer, or jobber, except for a retailer who has goods on
14 hand for sale to the public in a supervised display area, shall
15 be as follows:
16 (a) In a 1-story, noncombustible building without THAT
17 DOES NOT HAVE a basement, which building AND THAT is weather
18 resistant, well ventilated, and equipped with a strong door THAT
19 IS kept securely locked except when THE BUILDING IS open for
20 business.
21 (b) The location of the storage building shall be approved
22 by the local governing authority having jurisdiction. , and THE
23 BUILDING shall be located not less than the following distances
24 from inhabited buildings, passenger railroads, and public high-
25 ways according to BASED UPON the number of pounds of fireworks
26 stored, rounded to the nearest pound:
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1
2 Net Weight of Distance From Distance From
3 Fireworks Passenger Railways Inhabited Buildings
4 and Public Highways
5 Class C Class B Class C Class B
6 Fireworks Fireworks Fireworks Fireworks
7 Pounds Feet Feet Feet Feet
8 100 or less 25 200 50 200
9 101 to 200 30 200 60 200
10 201 to 400 35 200 70 200
11 401 to 600 40 200 80 208
12 601 to 800 45 200 90 252
13 801 to 1,000 50 200 100 292
14 1,001 to 2,000 58 230 115 459
15 2,001 to 3,000 62 296 124 592
16 3,001 to 4,000 65 352 130 704
17 4,001 to 5,000 68 400 135 800
18 5,001 to 6,000 70 441 139 882
19 6,001 to 8,000 73 509 140 1,018
20 8,001 to 10,000 75 565 150 1,129
21 10,001 to 15,000 80 668 159 1,335
22 15,001 to 20,000 83 745 165 1,490
23 20,001 to 30,000 87 863 174 1,725
24 30,001 to 40,000 90 953 180 1,906
25 40,001 to 50,000 93 1,030 185 2,060
26 50,001 to 60,000 95 1,095 189 2,190
27 60,001 to 80,000 98 1,205 195 2,410
28 80,001 to 100,000 100 1,300 200 2,600
29 100,001 to 150,000 105 1,488 209 2,975
30 151,001 to 200,000 108 1,638 215 3,275
31 200,001 or more 110 1,765 220 3,530
32
33 (c) A person shall not cause or allow smoking, matches
34 SMOKE, OR POSSESS A MATCH, open flames FLAME, spark producing
35 devices DEVICE, or firearms FIREARM, inside of A BUILDING
36 STORING FIREWORKS or within 50 feet of a building used for the
37 storage of STORING fireworks. A person shall not store combus-
38 tible materials within 50 feet of a building used for the stor-
39 age of STORING fireworks.
40 (d) The interior of a building used for the storage of
41 STORING fireworks shall be kept clean and free from debris and
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1 empty containers. A person shall not use a building used for
2 the storage of STORING fireworks for the storage of TO STORE
3 any metal tools TOOL or any OTHER commodity other than
4 fireworks.
5 (e) A person shall not provide EQUIP a building used for
6 the storage of TO STORE fireworks with heat or lights. , except
7 that if lights are necessary, THIS SUBDIVISION DOES NOT PROHIBIT
8 THE USE OF an electric safety flashlight or safety lantern shall
9 be used IN THE BUILDING.
10 (f) A building used for the storage of TO STORE fireworks
11 shall bear lettering HAVE THE FOLLOWING WARNING on each side
12 and top ON THE ROOF in letters not less than 4 inches high: ,
13 the words "explosives--keep fire away".
14 (g) A building used for the storage of STORING fireworks
15 shall be under the supervision of a competent person , who
16 shall be not less than IS 18 years of age OR OLDER.
17 (h) In addition to the requirements of subdivision (b),
18 salutes that do not qualify as class C fireworks shall be ARE
19 considered to be hazardous material and shall be stored in
20 accordance COMPLIANCE with rules for the storage STORING and
21 handling of hazardous material THAT ARE promulgated under sec-
22 tion 3c of Act No. 207 of the Public Acts of 1941, as amended,
23 being section 29.3c of the Michigan Compiled Laws THE FIRE PRE-
24 VENTION CODE, 1941 PA 207, MCL 29.3C.
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