For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT 256. Public Act 265 of 2011, being M.C.L.A. § 28.451.
ARTICLES PYROTECHNIC. Pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction, but are 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. Firework devices that are designed to provide 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 are listed in APA standard 87-1, 3.1.2, 3.1.3 or 3.5. CONSUMER FIREWORKS do not include low-impact fireworks.
CONSUMER FIREWORKS CERTIFICATE or CERTIFICATE. A certificate issued under M.C.L.A. § 28.467a of Act 256.
DEPARTMENT. The Michigan Department of Licensing and Regulatory Affairs.
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, as provided in 27 C.F.R. § 555.11, 49 C.F.R. part 172 and APA standard 87-1, 4.1.
FIREWORKS. 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.
LOW-IMPACT FIREWORKS. Ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8 and 3.5.
NOVELTIES. As 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:
(1) 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;
(2) Toy pistols, toy cannons, toy canes, toy trick noisemakers and toy guns in which toy caps as described in division (1) above 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; and
(3) Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter.
PERSON. An individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated association or any other legal or commercial entity.
SPECIAL EFFECTS. 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.
TEMPORARY STRUCTURE. A movable structure that is used in the sale, display, storage, transportation or distribution of consumer fireworks, including, but not limited to, a tent or a stand.
(Prior Code, § VII-10.00) (Ord. 1016, Amendment 9, effective 11-30-2014; Ord. 1016, Amendment 24, passed 5-7-2019)