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Fireworks Ordinance

The best rule of thumb concerning what is and isn't legal when it comes to fireworks is this; if it spins, leaves the ground or explodes it is illegal for personal use or possession.

ARTICLE V. FIREWORKS*

*State law references: Fireworks, MCL 750.243a et seq.

Sec. 42-361. Definitions.

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:

Class B fireworks means toy torpedoes, railway torpedoes, firecrackers or salutes that do not qualify as class C fireworks, exhibition display pieces, aeroplane flares, illuminating projectiles, incendiary projectiles, incendiary grenades, smoke projectiles or bombs containing expelling charges but without bursting charges, flash powders in inner units not exceeding two ounces each, flash sheets in interior packages, flash powder or spreader cartridges containing not more than 72 grains of flash powder each and other similar devices.

Class C fireworks means toy smoke devices, toy caps containing not more than 0.25 grain of explosive mixture, toy propellant devices, cigarette loads, trick matches, trick noisemakers, smoke candles, smoke pots, smoke grenades, smoke signals, hand signal devices, very signal cartridges, sparklers and explosive auto alarms and other similar devices.

Fireworks means a device made from explosive or flammable compositions used primarily for the purpose of producing a visible display or audible effect, or both, by combustion, deflagration or detonation. The term "fireworks" includes class B fireworks and class C fireworks.

(Code 1974, § 14-157)

Cross references: Definitions generally, § 1-2.

State law references: Similar provisions, MCL 750.243a(1).

Sec. 42-362. Sale, possession, transportation and use prohibited.

A person shall not offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, possess, give, furnish, transport, use, explode or cause to explode any of the following:

(1) Fireworks, including class B and class C.

(2) A blank cartridge, blank cartridge pistol, toy cannon, toy cane or toy gun in which explosives are used.

(3) An unmanned balloon which requires fire underneath to propel it and is not moored to the grounds while aloft.

(4) Firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, bottle rockets, whistling chasers, rockets on sticks or other fireworks of like construction.

(5) Fireworks containing an explosive or flammable compound or a tablet or other device commonly used and sold as fireworks containing nitrates, fulminates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or a compound containing these or other modern explosives.

(Code 1974, § 14-158)

State law references: Similar provisions, MCL 750.243a(2).

Sec. 42-363. Exceptions.

(a) The provisions of section 42-362 and the requiring of a permit under this article are not applicable to the following:

(1) Flat paper caps containing not more than 0.25 grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.

(2) Toy pistols, toy cannons, toy canes and toy guns of a type approved by the director of the department of state police in which paper caps as described in subsection (a)(1) of this section are used and which are so constructed that the hand cannot come in contact with the cap when in place for the explosion and which are not designed to break apart or be separated so as to form a missile by the explosion.

(3) Sparklers containing not more than 0.0125 pound of burning portion per sparkler.

(4) Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter, cone fountains and cylinder fountains.

(5) 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 thereon, and toy snake devices.

(6) Possession, transportation, sale or use of signal flares of a type approved by the director of the department of state police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the training or exhibiting of dogs, for signal purposes in athletic sports, or for use by military organizations, and all items described in this section used by railroads, trucks or vehicles for emergency signal purposes.

(7) The sale of fireworks, provided they are to be shipped directly out of state pursuant to regulations of the United States Department of Transportation covering the transportation of explosives and other dangerous articles by motor, rail and water.

(b) The exceptions set forth in this section shall not apply to any individual or person who is under the age of 18 years.

(Code 1974, § 14-159)

State law references: Similar provisions, MCL 750.243a(3).

Sec. 42-364. Permit for public displays.

(a) The city council upon application in writing may grant a permit for the use of fireworks otherwise prohibited by section 42-362 within the city for public display by municipalities, associations or other organizations or groups of individuals approved by the city. After a permit has been granted, sales, possession or transportation of fireworks for the purpose described in the permit only may be made. A permit granted under this subsection shall not be transferable, nor shall such a permit be issued to a person under the age of 18 years.

(b) The city council upon application in writing may grant a permit to a resident wholesale dealer or jobber to have in his possession within the city fireworks otherwise prohibited by section 42-362 for sale only to holders of permits as provided in this section. A permit granted under this subsection is not transferable, nor shall a permit be issued to a person under the age of 18 years.

(Code 1974, § 14-160)

State law references: Fireworks permits, MCL 750.243b.

Sec. 42-365. Storage.

The storage of fireworks at the site of a wholesaler, dealer or jobber shall be as follows:

(1) Fireworks shall be stored in a one-story, without basement, noncombustible building which is weather resistant, well ventilated and equipped with a strong door kept securely locked except when open for business.

(2) The location of the storage building shall be approved by the fire chief of the city and shall be located not less than the following distances from inhabited buildings, passenger railroads and public highways according to the number of pounds of fireworks stored rounded to the nearest pound:

(3) Smoking, matches, open flames, spark-producing devices and firearms shall be prohibited inside of or within 50 feet of a building used for the storage of fireworks. Combustible materials shall not be stored within 50 feet of a building used for the storage of fireworks.

(4) The interior of a building used for the storage of fireworks shall be kept clean and free from debris and empty containers. A building used for the storage of fireworks shall not be used for the storage of any metal tools or any commodity other than fireworks.

(5) A building used for the storage of fireworks shall not be provided with heat or lights, except that if lights are necessary an electric safety flashlight or safety lantern shall be used.

(6) A building used for the storage of fireworks shall bear lettering on each side and the top, in letters not less than four inches high, with the words "Explosives--Keep Fire Away."

(7) A building used for the storage of fireworks shall be under the supervision of a competent person, who shall be not less than 18 years of age.

(8) In addition to the requirements of subsection (2) of this section, salutes that do not qualify as class C fireworks shall be deemed to be an explosive and shall be stored in accordance with rules for the storage and handling of explosives promulgated under section 3a of Public Act No. 207 of 1941 (MCL 29.3a).

(Code 1974, § 14-161)

State law references: Similar provisions, MCL 750.243d.