HOUSE BILL No. 5899


     June 2, 1998, Introduced by Reps. Bodem, Freeman, Dalman, Schroer, Gire, Birkholz, McBryde, Jansen, Richner, Baade and Brewer and referred to the Committee on Regulatory Affairs.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending sections 243a and 243b (MCL 750.243a and 750.243b),

   section 243a 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  WITH AN explosive

 3    or flammable  compositions  SUBSTANCE AND used primarily  for the

 4     purpose of producing  TO PRODUCE a visible display or audible

 5    effect, or both, by combustion, deflagration, or detonation.

 6    Fireworks includes class B fireworks and class C fireworks.

 7         (b) "Class B fireworks" means toy torpedoes, railway torpe-

 8    does, firecrackers or salutes that do not qualify as class C

 9    fireworks, exhibition display pieces, aeroplane flares,

10    illuminating projectiles, incendiary projectiles, incendiary


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 1    grenades, smoke projectiles or bombs containing expelling charges

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

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

 4    powder or spreader cartridges containing not more than 72 grains

 5    of flash powder each, and other similar devices.

 6         (c) "Class C fireworks" means toy smoke devices, toy caps

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

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

 9    makers, smoke candles, smoke pots, smoke grenades, smoke signals,

10    hand signal devices, Very signal cartridges, sparklers, explosive

11    auto alarms, and other similar devices.

12         (D) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION,

13    ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.

14         (2) Except as provided in subsection (3) and sections 243b,

15    243c, and 243d, a person  , firm, partnership, or corporation 

16    shall not offer for sale, expose for sale, sell at retail, keep

17    with intent to sell at retail, possess, give, furnish, transport,

18    use, explode, or cause to explode any of the following:

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

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

21         (b) An unmanned balloon which requires fire underneath to

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

23         (c) Firecrackers, torpedoes, skyrockets, roman candles,

24    daygo bombs, bottle rockets, whistling chasers, rockets on

25    sticks, or other fireworks of like construction.

26         (d) Fireworks containing an explosive or inflammable

27    compound or a tablet or other device commonly used and sold as



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 1    fireworks containing nitrates, fulminates, chlorates, oxalates,

 2    sulphides of lead, barium, antimony, arsenic, mercury, nitroglyc-

 3    erine, phosphorus, or a compound containing these or other modern

 4    explosives.

 5         (3) A permit is not required for the following:

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

 7    of explosive content per cap, in packages labeled to indicate the

 8    maximum explosive content per cap.

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

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

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

12    subdivision (a) are used and which are so constructed that the

13    hand cannot come in contact with the cap when in place for the

14    explosion and which are not designed to break apart or be sepa-

15    rated so as to form a missile by the explosion.

16         (c) Sparklers containing not more than .0125 pounds of burn-

17    ing portion per sparkler.

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

19    in diameter, cone fountains, and cylinder fountains.

20         (e) Toy snakes not containing mercury, if packed in card-

21    board boxes with not more than 12 pieces per box for retail sale

22    and if the manufacturer's name and the quantity contained in each

23    box are printed on the box; and toy smoke devices.

24         (f) Possession, transportation, sale, or use of signal

25    flares of a type approved by the director of the department of

26    state police, blank cartridges or blank cartridge pistols

27    specifically for a show or theater, for the training or



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 1    exhibiting of dogs, for signal purposes in athletic sports, for

 2    use by military organizations, and all items described in subsec-

 3    tion (2) used by railroads for emergency signal purposes.

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

 5    directly out of state pursuant to regulations of the United

 6    States department of transportation covering the transportation

 7    of explosives and other dangerous articles by motor, rail, and

 8    water.

 9         Sec. 243b.  (1) The  council or commission  LEGISLATIVE BODY

10    of a city or village or the township board of a township, upon

11    application in writing, on forms provided by the director of the

12    department of state police, may grant a permit for the use of

13    fireworks otherwise prohibited by section 243a, within  their

14     political jurisdiction  THAT JURISDICTION'S BOUNDARIES, manufac-

15    tured for outdoor pest control or agricultural purposes, or for

16    public display by  municipalities  A MUNICIPALITY, fair

17     associations  ASSOCIATION, amusement  parks  PARK, or other

18     organizations  ORGANIZATION or  groups  GROUP of individuals,

19     approved by the city, village, or township authority,  if the

20    applicable provisions of this act are complied with.  The permits

21    shall be on forms provided by the director of the department of

22    state police.  After a permit has been granted, sales, posses-

23    sion, or transportation of fireworks for the purposes described

24    in the permit only may be made.  A permit granted under this sub-

25    section shall not be transferable.  , nor shall a permit be

26     issued to a person under the age of 18 years. 





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 1         (2) The  council or commission  LEGISLATIVE BODY of a city

 2    or village COUNCIL OR COMMISSION or the township board of a

 3    township, upon application in writing, may grant a permit, on

 4    forms provided by the director of the department of state police,

 5    to a resident wholesale dealer or jobber to have in his OR HER

 6    possession within  the political jurisdiction  THAT

 7    JURISDICTION'S BOUNDARIES, fireworks otherwise prohibited by sec-

 8    tion 243a, for sale only to holders of permits as provided in

 9    this section.  A permit granted under this subsection is not

10    transferable.  , nor shall a permit be issued to a person under

11     the age of 18 years. 

12         (3) Before a permit for a  pyrotechnic  FIREWORKS display is

13    issued, the person  , firm, or corporation  making THE applica-

14    tion  therefor  shall furnish proof of financial responsibility

15    by a bond or insurance in an amount  deemed  CONSIDERED necessary

16    by the local  governing authority  LEGISLATIVE BODY to satisfy

17    claims for damages to property or personal injuries arising out

18    of an act or omission on the part of the person  , firm, or

19     corporation,  or an agent or employee  thereof,  OF THAT PERSON

20    in the amount, character, and form the local  authority

21     determines  LEGISLATIVE BODY CONSIDERS necessary for the protec-

22    tion of the public.

23         (4) A permit shall not be issued under this act to a nonres-

24    ident person  , firm, or corporation for  TO conduct  of  a

25     pyrotechnic  FIREWORKS display in this state until the person  ,

26     firm, or corporation  has appointed, in writing, a resident

27    member of the bar of this state or a resident agent to be his OR



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 1    HER legal representative upon whom all process in an action or

 2    proceeding against  him  THAT PERSON may be served.

 3         (5)  The  BEFORE GRANTING A PERMIT, THE local  governing

 4     authority  LEGISLATIVE BODY shall  rule on the competency and

 5     qualifications of operators of pyrotechnic displays, as the oper-

 6     ator has furnished in his application form, and on  DETERMINE

 7    THAT THE OPERATOR OF A FIREWORKS DISPLAY IS QUALIFIED AND COMPE-

 8    TENT AND HAS SPECIFIED the time, place, and safety aspects of the

 9    displays.  before granting permits. 

10         (6) A PERMIT GRANTED BY A LOCAL GOVERNING AUTHORITY SHALL

11    REQUIRE THAT THE OPERATOR OF A FIREWORKS DISPLAY COMPLY WITH THE

12    CODE FOR FIREWORKS DISPLAY, NFPA 1123 (1995 EDITION), ISSUED BY

13    THE STANDARDS COUNCIL OF THE NATIONAL FIRE PROTECTION ASSOCIA-

14    TION, INC. ON JULY 21, 1995 AND THE TENTATIVE INTERIM AMENDMENT,

15    TIA 95-1, TO THE 1995 EDITION OF NFPA 1123, ISSUED BY THE STAN-

16    DARDS COUNCIL ON APRIL 11, 1996.

























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