For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Act” means the Michigan Fireworks Safety Act, M.C.L.A. 28.451 et seq.
(b) “APA Standard 87-1” means 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.
(c) “Articles pyrotechnic” means 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.
(d) “Bureau” means the Department of Licensing and Regulatory Affairs’ Bureau of Fire Services.
(e) “Consumer fireworks” means 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.
(f) “Consumer fireworks certificate” means the certificate issued by the Department which allows a person to sell consumer fireworks in accordance with the Act.
(g) “Department” means the Michigan Department of Licensing and Regulatory Affairs.
(h) “Display fireworks” means 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.
(i) “Fire Marshal” means the Fire Marshal of the Township of Clinton or his or her designee.
(j) “Fireworks” means 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.
(k) “Low-impact fireworks” means 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.
(l) “National holiday” means any of the following: New Years Day (January 1); Birthday of Martin Luther King Jr. (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Columbus Day (second Monday in October); Veterans Day (November 11); Thanksgiving Day (fourth Thursday in November); and Christmas Day (December 25).
(m) “NFPA” means the National Fire Protection Association headquartered at 1 Batterymarch Park, Quincy, Massachusetts.
(n) “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 l0g of pyrotechnic composition, 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 .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 subparagraph (1) 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.
(3) Flitter sparklers in paper tubes 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.
(o) “Permanent building” or “permanent structure” means 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).
(p) “Person” means 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.
(q) “Retailer” means a person who sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use.
(r) “Retail location” means a facility listed under NFPA 1124, 7.1.2.
(s) “Special effects” means 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.
(t) ”Temporary structures” shall mean a moveable structure that is used in the sale, display, storage, transportation, or distribution of consumer fireworks, including but not limited to a tent or stand.
(u) “Township” means the Township of Clinton.
(v) Warehouse” means a permanent building or structure used primarily for the storage of consumer fireworks or low-impact fireworks.
(w) “Wholesaler” means 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.
(Ord. 405. Passed 8-26-13; Ord. 458. Passed 8-26-19.)