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.