The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ACT 256
The Michigan Fireworks Safety Act, Public Act 256 of 2011,
MCL § 28.451 et seq., as amended.
APA STANDARD 87-1
The 2001 APA Standard 87-1, Standard for Construction and
Approval for Transportation of Fireworks, Novelties, and Theatrical
Pyrotechnics, published by the American Pyrotechnics Association of
Bethesda, Maryland.
ARTICLES PYROTECHNIC
Pyrotechnic devices for professional use that are similar
to consumer fireworks in chemical composition and construction, but
not intended for consumer use, that meet the weight limits for consumer
fireworks but are not labeled as such, and that are classified as
UN0431 or UN0432 under 49 CFR 172.101.
CONSUMER FIREWORKS
Fireworks devices that are designed to produce visible or
audible effects by combustion, that are required to comply with the
construction, chemical composition, and labeling regulations promulgated
by the United States Consumer Product Safety Commission under 16 CFR
Parts 1500 and 1507, and that are listed in APA Standard 87-1, 3.1.2,
3.1.3, or 3.5. "Consumer fireworks" does not include low-impact fireworks.
DISPLAY FIREWORKS
Large fireworks devices and explosive materials intended
for use in fireworks displays and designed to produce visible or audible
effects by combustion, deflagration, or detonation, as provided in
27 CFR 555.11, 49 CFR Part 172, and APA Standard 87-1, 4.1.
FIREWORK or FIREWORKS
Any composition or device, except for a starting pistol,
a flare gun, or a flare, designed for the purpose of producing a visible
or audible effect by combustion, deflagration, or detonation. Fireworks
consist of consumer fireworks, low-impact fireworks, articles pyrotechnic,
display fireworks, homemade fireworks, and special effects.
HOLIDAYS
For the purposes of this article, means the following dates,
beginning at 11:00 a.m. on each day:
(1)
December 31 until 1:00 a.m. on January 1.
(2)
The Saturday and Sunday immediately preceding Memorial Day until
11:45 p.m. on each of those days.
(3)
June 29 to July 4 until 11:45 p.m. on each of those days.
(4)
July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(5)
The Saturday and Sunday immediately preceding Labor Day until
11:45 p.m. on each of those days.
HOMEMADE FIREWORKS
Any composition or device designed for the purpose of producing
a visible or audible effect by combustion, deflagration, or detonation
that is not produced by a commercial manufacturer and does not comply
with the construction, chemical composition, and labeling regulations
of the United States Consumer Product Safety Commission under 16 CFR
Parts 1500 and 1507.
LOW-IMPACT FIREWORKS
Ground and handheld sparkling devices, as that phrase is
defined under APA Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
MINOR
An individual who is less than 18 years of age.
NOVELTIES
That term as defined under APA Standard 87-1, 3.2.2, 3.2.3,
3.2.4, 3.2.4 and 3.2.5 and all of the following:
(1)
Toy plastic or paper caps for toy pistols in sheets, strips,
rolls, or individual caps containing not more than 0.25 of a grain
of explosive content per cap, in packages labeled to indicate the
maximum explosive content per cap.
(2)
Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in Subsection
(1) are used, that are constructed so that the hand cannot come into contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion.
(3)
Flitter sparklers in paper tube not exceeding 1/8 inch in diameter.
(4)
Toy snakes not containing mercury, if packed in cardboard boxes
with not more than 12 pieces per box for retail sale and if the manufacturer's
name and the quantity contained in each box are printed on the box,
and toy smoke devices.
PERSON
An individual, agent, association, charitable organization,
company, limited liability company, corporation, labor organization,
legal representative, partnership, unincorporated organization, or
any other legal or commercial entity.
SKY LANTERN
A balloon-type device which is uncontrollable after launch
and uses combustible or flammable material to provide heat for lift
or buoyancy into the atmosphere, and which is not a consumer firework.
Any other definitions listed in MCL § 28.452 and MCL
§ 28.462 as may be required to interpret this article.
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Cross reference: Fireworks in parks, § 54-43.
State law reference: Fireworks, MCL 28.451 et seq.
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