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New Firework Legislation Introduced in the House

Posted on May 10, 2018 by Dene Westbrook

This week legislation amending the Michigan Fireworks Safety Act (PA 256 of 2011) was introduced. House Bill 5939 reduces the number of allowable days and time to use fireworks. Currently fireworks are allowed the day before, the day of, and the day after all national holidays. HB 5939 would allow the use of fireworks on:

  • December 31.
  • January 1 between 12 midnight and 1 a.m.
  • The Saturday immediately preceding Memorial Day until 11:30 p.m.
  • The Friday and Saturday preceding July 4 until 11:30 p.m.
  • June 30 until 11:30 p.m. if July 4 is a Saturday or Sunday.
  • July 1 to July 4 until 11:30 p.m.
  • The Saturday immediately preceding Labor Day until 11:30 p.m.

This legislation also increases civil fines from not more than $500.00, to not more than $1,000.00, for each violation.

House Bill 5940 amends PA 256 of 2011 to categorize a sky lantern as a “low-impact” firework, and adds a definition that it is an unmanned free-floating luminary device that uses heated air produced by an open flame or other heat source to become or remain airborne. This legislation would also allow local units of government with a population of 100,000 or more, or located in a county with a population of 750,000 or more to regulate the use of temporary structures with fireworks.

House Bill 5941 limits the authority to place a ban on use of consumer fireworks related to dangerous weather conditions to only the Governor. This change to the fire prevention code will preempt local units of government, the state fire marshal and local fire department commanding officers from prohibiting the use of fireworks due to dry conditions.

The League will follow these bills closely and provide updates as they become available.

Jennifer Rigterink is a legislative associate for the League handling economic development, land use and municipal services issues.  She can be reached at [email protected] or 517-908-0305.

 

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