Section 28.451 – Short Title.

28.451 Short title. Sec. 1. This act shall be known and may be cited as the “Michigan fireworks safety act”. History: 2011, Act 256, Eff. Jan. 1, 2012

Section 28.452 – Definitions.

28.452 Definitions. 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 of the Interior or the department of natural resources of this state. (b) “APA Standard 87-1” means the “APA Standard 87-1, […]

Section 28.453 – Novelties; Inapplicability of Act.

28.453 Novelties; inapplicability of act. Sec. 3. This act does not apply to novelties. Nothing in this act allows a local unit of government to enact or enforce an ordinance, code, or regulation pertaining to, or in any manner regulating, the sale, storage, display for sale, transportation, use, or distribution of novelties. History: 2011, Act […]

Section 28.454 – Sale of Consumer Fireworks; Certificate Required; Violation as Civil Fine; Penalty; Application; Requirements; Issuance; Validity; Issuance of Original or Renewal Certificate; Sales Tax License Information; Denial; Transfer; Display; Prohibition; Location or Address; Disposition of Fees.

28.454 Sale of consumer fireworks; certificate required; violation as civil fine; penalty; application; requirements; issuance; validity; issuance of original or renewal certificate; sales tax license information; denial; transfer; display; prohibition; location or address; disposition of fees. Sec. 4. (1) A person shall not sell consumer fireworks unless the person annually obtains and maintains a consumer […]

Section 28.455 – Sale of Consumer Fireworks From Retail Location; Conditions; Automatic Sprinkler System; Failure to Comply; Civil Fine; Insurance Coverage; Notice of Dates and Times of Permissible Use; Form and Content; Conditions for Sale Over Phone or Internet.

28.455 Sale of consumer fireworks from retail location; conditions; automatic sprinkler system; failure to comply; civil fine; insurance coverage; notice of dates and times of permissible use; form and content; conditions for sale over phone or internet. Sec. 5. (1) A person shall not sell consumer fireworks from a retail location unless all of the […]

Section 28.456 – Website; Establishment and Maintenance by Department; Registration With Low-Impact Fireworks Retail Registry; Application Fee; Failure to Register; Civil Fine.

28.456 Website; establishment and maintenance by department; registration with low-impact fireworks retail registry; application fee; failure to register; civil fine. Sec. 6. (1) The department shall establish and maintain, or cause to be established and maintained, an internet website that has as its purpose the protection of the residents of this state who purchase, use, […]

Section 28.457 – Local Ordinances.

28.457 Local ordinances. Sec. 7. (1) Except as provided in this act, a local unit of government shall not enact or enforce an ordinance, code, or regulation pertaining to or in any manner regulating the sale, display, storage, transportation, or distribution of fireworks regulated under this act. (2) A local unit of government may enact […]

Section 28.458 – Fireworks Safety Fee; Imposition; Payment; Deposit in Fireworks Safety Fund; Failure to Comply; Civil Fine.

28.458 Fireworks safety fee; imposition; payment; deposit in fireworks safety fund; failure to comply; civil fine. 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 […]

Section 28.459 – Fireworks Safety Fee; Determination; Rates; Collection Allowance.

28.459 Fireworks safety fee; determination; rates; collection allowance. Sec. 9. (1) Except as provided in subsections (2) and (3), the fireworks safety fee is determined by the gross retail income from consumer fireworks and low-impact fireworks received by a retail merchant in a retail unitary transaction of consumer fireworks and low-impact fireworks and is imposed […]

Section 28.460 – Fireworks Safety Fees; Remittance; Forms; Manner; Payment Liability; Past Due Amounts; Aggregate Filing; Failure to Remit; Civil Fine.

28.460 Fireworks safety fees; remittance; forms; manner; payment liability; past due amounts; aggregate filing; failure to remit; civil fine. Sec. 10. (1) A person that holds a consumer fireworks certificate or that is a retailer of low-impact fireworks is responsible for remitting all fireworks safety fees, as described in section 9, to the department. The […]

Section 28.461 – Fireworks Safety Fund; Creation Within Department of Treasury; Investment; Money Remaining in Fund; Lapse; Expenditures; Delegation of Inspection Duties; Program.

28.461 Fireworks safety fund; creation within department of treasury; investment; money remaining in fund; lapse; expenditures; delegation of inspection duties; program. 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 […]

Section 28.462 – Prohibited Conduct; Permission Required; Violation as Civil Infraction; Civil Fine; Sale to Minor; Definitions; Violation of Smoking Prohibition; Civil Fine; Signage.

28.462 Prohibited conduct; permission required; violation as civil infraction; civil fine; sale to minor; definitions; violation of smoking prohibition; civil fine; signage. 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 […]

Section 28.463 – Repealed. 2018, Act 634, Imd. Eff. Dec. 28, 2018.

28.463 Repealed. 2018, Act 634, Imd. Eff. Dec. 28, 2018. Compiler’s Notes: The repealed section pertained to requiring a wholesaler to maintain a resident agent.

Section 28.464 – Identification of Firework in Violation of Act; Investigation; Determination of Violation; Seizure; Criminal or Civil Proceedings.

28.464 Identification of firework in violation of act; investigation; determination of violation; seizure; criminal or civil proceedings. 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 […]

Section 28.465 – Storage of Seized Fireworks; Disposal or Destruction; Storage and Disposal Costs; Use for Training Purposes.

28.465 Storage of seized fireworks; disposal or destruction; storage and disposal costs; use for training purposes. 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 under […]

Section 28.466 – Articles Pyrotechnic or Display Fireworks Ignition; Permit; Competency and Qualifications of Operators; Retention of Fee.

28.466 Articles pyrotechnic or display fireworks ignition; permit; competency and qualifications of operators; retention of fee. 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 […]

Section 28.467 – Conduct Not Prohibited by Act.

28.467 Conduct not prohibited by act. 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 […]

Section 28.467a – Issuance of Citation by State Fire Marshal.

28.467a Issuance of citation by state fire marshal. 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 […]

Section 28.468 – Violation of Act; Penalty; Reimbursement of Storage Costs.

28.468 Violation of act; penalty; reimbursement of storage costs. Sec. 18. (1) Unless otherwise provided in this act, if a person violates this act, the person is guilty of a crime as follows: (a) Except as otherwise provided in this section, a misdemeanor punishable by imprisonment for not more than 30 days or a fine […]

Section 28.468a – Citation for Serious Violation; Fine; Prosecution; Payment of Civil Fines to Department; Collection Proceedings.

28.468a Citation for serious violation; fine; prosecution; payment of civil fines to department; collection proceedings. Sec. 18a. (1) Except as otherwise provided in this section, a person 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 […]