A.
No person, business, corporation, or other entity shall sell, offer for sale, or permit to be sold any consumer fireworks without first having obtained an annual consumer fireworks certificate from the Department, as required by the Michigan Fireworks Safety Act. Violations of this subsection shall be prosecuted as civil infractions punishable as provided in the Act.
[Amended 2-12-2019 by Ord. No. 1307]
B.
The issuance of a consumer fireworks certificate does not itself authorize the sale of fireworks at the certified retail location. Consumer fireworks shall not be sold at a retail location until the Bureau verifies compliance with Section 5 of the Act, NFPA 1124, and all applicable administrative rules promulgated by the Department. Verification can be accomplished by either a site inspection of the retail location by the Bureau, or by submission of a notarized affidavit signed by the person filing the certificate application stating that the certified retail location will be in compliance with Section 5 of the Act, NFPA 1124, and the applicable administrative rules, and that plans have been submitted in accordance with the administrative rules, including submission of a copy of the plans to the Fire Department for use in pre-incident review and planning, prior to selling consumer and low-impact fireworks.
C.
The holder of a consumer fireworks certificate shall prominently display the original or copy of the certificate in the retail location. Each day the consumer fireworks certificate is not displayed is a separate violation. A person who violates this subsection is responsible for a civil fine of $200, to be cited and prosecuted as a municipal civil infraction.
[Amended 2-12-2019 by Ord. No. 1307]
D.
Consumer fireworks shall only be sold from a retail location if all of the following applicable conditions are met:
(1)
Except as provided in Subsection D(2), a retail location satisfies the applicable requirements of NFPA 101 and NFPA 1124 not in conflict with the Act.
(2)
Beginning January 1, 2013, a permanent building or structure shall be equipped with a fire suppression system in compliance with NFPA 1124.
(3)
The retailer at that retail location is licensed under the General Sales Tax Act.
(4)
The retailer has a valid federal taxpayer identification number issued by the Federal Department of the Treasury, Internal Revenue Service. However, this requirement does not apply to a retailer that is a sole proprietorship.
E.
A person that knows, or should know, that he or she is required to comply with Subsection D and who fails or neglects to do so is responsible for a municipal civil infraction punishable by a fine of $2,500 for each violation. Each day that a person is in noncompliance constitutes a separate violation. In the event of more than one violation, that person shall be guilty of a misdemeanor.
[Amended 2-12-2019 by Ord. No. 1307]
F.
During periods when consumer fireworks are sold, each retail location selling consumer fireworks either shall be added as an additional insured, or public liability and product liability insurance coverage shall be obtained and maintained, in an amount not less than $10,000,000 per occurrence. A person that knows, or should know, that he or she is required to comply with this subsection and who fails or neglects to do so is liable for a municipal civil infraction punishable by a fine of not more than $500; each day that a person is in noncompliance constitutes a separate violation. Proof of the insurance required by this subsection shall be in writing, be current, and available for inspection upon request.
G.
A person shall not sell low-impact fireworks unless he or she registers with the low-impact fireworks retail registry not less than 10 days before selling the fireworks in each calendar year. A person who sells low-impact fireworks at retail and who fails to register shall cease the sale of low-impact fireworks until the person complies with this subsection.
H.
Retailers, wholesalers, and manufacturers are subject to the following codes and standards that are adopted by reference in the applicable administrative rules adopted by the Department, except as specifically amended therein: NFPA 1 (2006 edition); NFPA 101 (2009 edition); NFPA 1123 (2010 edition); NFPA 1124 (2006 edition); NFPA 1126 (2011 edition); and APA Standard 87.1 (2001 edition).
I.
Nothing within these requirements shall exempt retailers who have obtained a consumer fireworks certificate and/or registered online for the sale of low-impact fireworks from ensuring that the proposed site is in compliance with all property maintenance regulations and other applicable City ordinances, or from submitting to the City all applications and supporting documentation required by any other provisions of the City Code and/or the City's Zoning Ordinance pertaining generally, without specific reference to fireworks, to retail sales, permanent or temporary structures, temporary sales, and land use regulations.
J.
A retailer shall provide with every purchase of consumer fireworks a notice listing the dates and times permitted under this act for the ignition, discharge, and use of consumer fireworks. The notice shall begin with the following statement: "State law permits, under MCL § 28.457, the ignition, discharge, and use of consumer fireworks at the following times." The retailer may provide the notice in a form and manner determined by the retailer, including, but not limited to, printing or stamping the notice on, or affixing the notice to, a receipt, bag, or the product being purchased, or a printed handout provided at the time of purchase. Posting the notice on a wall, window, display, or otherwise, at the retail location, does not satisfy the requirements of this subsection. A retailer who fails to provide the notice required by this subsection is responsible for a civil fine of $100 for each day on which one or more violations occur.
[Added 2-12-2019 by Ord. No. 1307]
[Amended 2-12-2019 by Ord. No. 1307]
Consumer fireworks shall not be sold to persons under the age of 18. A person who violates this section shall be ordered to pay a civil fine of not more than $1,000, or for a second or subsequent violation of this section, a civil fine of not more than $2,500.
The Fire Marshal may, at any time, undertake a review of any fireworks sales or storage area for which a consumer fireworks certificate has been issued or is required, or any discharge of fireworks, to determine whether any violations of state law or local ordinance are occurring which might endanger the public health, safety, and welfare, or which might warrant revocation of the certificate or permit.
