(A) For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Michigan Fireworks Safety Act, Act 256 of 2011, and any amendments to the Act which may be from time to time adopted.
APA STANDARD 87-1. Means 2001 American Pyrotechnic Association 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. The 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 C.F.R.172.101.
CONSUMER FIREWORKS. Fireworks devices that are designed to produce visible 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 C.F.R. Parts 1500 and 1507, and that are listed in the APA standard 87-1, 3.1.2, 3.1.3, or 3.5. CONSUMER FIREWORKS does not include low impact fireworks.
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. Fireworks consist of consumer fireworks, low impact fireworks, articles pyrotechnic, display fireworks and special effects.
FIREWORK or FIREWORKS. Any composition or device, except for a starting pistol, a flare gun, or a flare, of non-toxic or non-explosive emissions, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. FIREWORKS, as used in this subchapter, shall include consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.
LOW IMPACT FIREWORKS. Ground sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.18, and 3.5., except as provided below.
MINOR. An individual who is less than 18 years of age.
NATIONAL HOLIDAY. Shall mean: New Year's Day, January 1; Birthday of Martin Luther King, Jr., the third Monday in January; George Washington's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25. Holidays may be added, removed or changed from time to time.
NOVELTIES. The term defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 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 division (a) are used, that are constructed so that the hand can not 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 quantity contained in each box are printed on the box;
(e) Toy smoke devices; and
(f) Handheld sparklers.
PERSON. Any individual, agent, legal representative, association, charitable organization, church, non-profit organization, unincorporated organization, labor organization, partnership, limited liability company, corporation, or any legal entity or commercial organization. An individual shall include a minor as defined in this section.
(B) Except as otherwise provided, other terms used in this subchapter shall have the meaning ascribed to them in the Act, or, if not defined in the Act, under the APA standards.
(Ord. 842, passed 8-20-11)