For the purposes of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
ACT
The Michigan Fireworks Safety Act, Public Act 256 of 2011,
MCL § 28.451 et seq.
APA STANDARD 87-1
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.
BUREAU
The Department of Licensing and Regulatory Affairs'
Bureau of Fire Services.
CONSUMER FIREWORKS
Firework devices that are designed to produce visible and
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 are often commonly known as, but
not limited to, sky rockets, bottle rockets, missile-type rockets,
helicopters, aerial spinners, roman candles, mine and shell devices,
aerial shell kits, firecrackers, chasers, and certain multiple tube
fireworks devices. "Consumer fireworks" does not include low-impact
fireworks.
DEPARTMENT
The Michigan Department of Licensing and Regulatory Affairs.
DISPLAY FIREWORKS
Large fireworks devices that are 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 172, and APA Standard 87-1, 4.1.
FIRE MARSHAL
The Fire Marshal of the City of Roseville or his or her designee.
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, and special effects.
LOW-IMPACT FIREWORKS
Ground and handheld sparkling devices as that phrase is defined
in APA Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5. Low-impact
fireworks are often commonly known as, but not limited to, sparklers,
cylindrical fountains, cone fountains, illuminating torches, wheels,
ground spinners, flitter sparklers, certain toy smoke devices, certain
wire sparklers/dipped sticks, and certain multiple-tube fireworks
devices.
NFPA
The National Fire Protection Association headquartered at
1 Batterymarch Park, Quincy, Massachusetts.
NOVELTIES
The term "novelties" shall have the same meaning as set forth
in APA Standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5,
often commonly known as, but not limited to, party poppers, snappers,
toy smoke devices containing not more than 5g of pyrotechnic composition,
snakes, glow worms, wire sparklers/dip sticks containing not more
than 100g of pyrotechnic composition, and all of the following:
A.
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.
B.
Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in Subsection
A are used, that are constructed so that the hand cannot come in 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.
C.
Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
D.
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.
PERMANENT BUILDING or PERMANENT STRUCTURE
Any building or structure that is affixed to a foundation
on a site that has fixed utility connections and that is intended
to remain on the site for more than 180 consecutive calendar days,
including stores and Consumer Fireworks Retail Sales Area (CFRSA)
facilities, as defined by NFPA 1124 (2006 edition).
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.
RETAILER
A person who sells consumer fireworks or low-impact fireworks
for resale to an individual for ultimate use.
SPECIAL EFFECTS
A combination of chemical elements or chemical compounds
capable of burning independently of the oxygen of the atmosphere and
designed and intended to produce an audible, visual, mechanical, or
thermal effect as an integral part of a motion picture, radio, television,
theatrical, or opera production or live entertainment.
TEMPORARY FACILITIES
A building or structure not meeting the definition of permanent
building or structure, at which consumer and low-impact fireworks
are sold, including the following: consumer fireworks retail stands,
tents, canopies, trailers, storage units, and membrane structures.
WAREHOUSE
A permanent building or structure used primarily for the
storage of consumer fireworks or low-impact fireworks.
WHOLESALER
Any person who sells consumer fireworks or low-impact fireworks
to a retailer or any other person for resale. Wholesaler does not
include a person who sells only display fireworks or special effects.