Michigan Fireworks Law

Michigan Fireworks Law New For 2019 and You !

Below are the important parts of the law that apply to consumers.

Act No. 635

Public Acts of 2018

Approved by the Governor

December 28, 2018

Filed with the Secretary of State

December 28, 2018

EFFECTIVE DATE: December 28, 2018

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Reps. Chirkun and Yaroch

ENROLLED HOUSE BILL No.

5940

AN ACT to amend 2011 PA 256, entitled “An act to revise, consolidate, and codify the laws relating to

certain fireworks; to regulate the purchase, possession, sale, and use of certain fireworks; to establish a

fireworks safety fund; to establish a fireworks safety fee; to provide for the transfer and expenditure of funds;

to prescribe the powers and duties of certain state agencies; to provide for penalties and remedies; and to repeal

acts and parts of acts,” by amending section 7 (MCL 28.457), as amended by 2013 PA 65.

The People of the State of Michigan enact:

Sec. 7. (1) Except as provided in this act, a local unit of government shall not enact or enforce an ordinance,

code, or regulation pertaining to or in any manner regulating the sale, display, storage, transportation, or

distribution of fireworks regulated under this act.

(2) A local unit of government may enact an ordinance regulating the ignition, discharge, and use of

consumer fireworks, including, but not limited to, an ordinance prescribing the hours of the day or night during

which a person may ignite, discharge, or use consumer fireworks. If a local unit of government enacts an

ordinance under this subsection, the ordinance shall not regulate the ignition, discharge, or use of consumer

fireworks on the following days after 11 a.m.:

(a) December 31 until 1 a.m. on January 1.

(b) The Saturday and Sunday immediately preceding Memorial Day until 11:45

p.m. on each of those days.

(c) June 29 to July 4 until 11:45 p.m. on each of those days.

(d) July 5, if that date is a Friday or Saturday, until 11:45 p.m.

(e) The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m.

on each of those days.

(3) An ordinance under subsection (2) shall impose a civil fine of $1,000.00 for each violation of the

ordinance and no other fine or sanction. The ordinance must provide for the remittance of $500.00 of the fine

collected under the ordinance to the local law enforcement agency responsible for enforcing the ordinance.

(4) Beginning August 1, 2019, a local unit of government with a population of 100,000 or more or a local

unit of government located in a county with a population of 750,000 or more may enact or enforce an

ordinance that regulates the use of a temporary structure. An ordinance established under this subsection may

include, but is not limited to, a restriction on the number of permits issued for a temporary structure, regulation

of the distance required between 2 or more temporary structures, or a zoning ordinance that regulates the use of

a temporary structure. An ordinance established under this subsection may not prohibit the temporary storage,

transportation, or distribution of fireworks by a consumer fireworks certificate holder at a retail location that is

a permanent building or structure. As used in this subsection, “temporary structure” means a movable

structure that is used in the sale, display, storage, transportation, or distribution of fireworks, including, but

not limited to, a tent or a stand.

(464)2

Approved

Governor