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LEGISLATIVE ALERT - Fireworks Regulation

A bill that gives local units of government greater control over consumer fireworks was signed into law as Public Act 65 of 2013 (“PA  65”) on June 19 by Lt. Governor Calley (on behalf of Governor Snyder who was on a trade trip).  PA 65 takes immediate effect and authorizes local units of government to regulate consumer fireworks during certain hours on the day before, the day of, and the day after a national holiday.  More specifically, PA 65 allows local units of government to enact an ordinance to regulate the ignition, discharge, or use of consumer fireworks on those days as follows:

--A local unit with a population of 50,000 or more, or a local unit of government in a county with a population of 750,000 or more:  between the hours of midnight and 8 a.m., or between the hours of 1 a.m. and 8 a.m. on New Year’s Day.

--A local unit with a population of less than 50,000 located in a county with a population of less than 750,000:  between the hours of 1 a.m. and 8 a.m.  

PA 65 also provides that such an ordinance shall only impose a civil fine of not more than $500 for each violation and no other fine or sanction.

Except between the hours listed above, local units are still prohibited from regulating the ignition, discharge or use of consumer fireworks on the day before, the day of, and the day after national holidays.  Nothing in PA 65, however, affects the ability of local units to regulate the ignition, discharge, or use of consumer fireworks (including hours) on other days during the year.    

PA 65 also amends the Fireworks Safety Act in other respects.  These include amendments to:

--Allow the Department of Licensing and Regulatory Affairs to establish a program for delegating inspection duties to local units of government.  If a local unit agrees to carry out inspections, PA 65 requires LARA to pay 70% of a retailer’s certificate fee to the local unit that inspected the retail location.

--Require the fire safety fund to be used 100% for firefighter training under the direction of the Firefighters Training Council. 

--Provide that with respect to locations for retail sales of consumer fireworks, any provision of the Single State Construction Code Act that is inconsistent with applicable requirements of NFPA 101 and 1124 would be superseded to the extent of such inconsistency.

If you have any questions about PA 65, please feel free to contact our office.
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