Except as otherwise provided, other terms used in this chapter shall have the meaning ascribed to them in the Act, or, if not defined in the Act, under the APA standards. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Michigan Fireworks Safety Act, Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq., and any amendments to the Act which may be from time to time adopted.
APA STANDARD 87-1. The standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, published by the American Pyrotechnics Association of Bethesda, Maryland.
ARTICLES PYROTECHNIC. Pyrotechnic devices for professional use that are similar to consumer fireworks in the 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 APA standard 87-1, 3.1.2, 3.1.3 or 3.5. CONSUMER FIREWORKS does not include low-impact fireworks.
DEPARTMENT. Department of Licensing and Regulatory Affairs (LARA), State of Michigan.
DISPLAY FIREWORKS. Large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effect 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.
FIREWORK or 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 FIREWORK. 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 3.5p.
MINOR. An individual who is less than 18 years old.
NATIONAL HOLIDAY. The following:
(1) New Year’s Day (January 1);
(2) Martin Luther King Jr. Day (third Monday in January);
(3) Washington’s Birthday (third Monday in February);
(4) Memorial Day (last Monday in May);
(5) Independence Day (July 4);
(6) Labor Day (first Monday in September);
(7) Columbus Day (second Monday in October);
(8) Veterans Day (November 11);
(9) Thanksgiving Day (fourth Thursday in November);
(10) Christmas Day (December 25); and
(11) Any holidays as may be from time to time added, removed or changed pursuant to 5 U.S.C. § 6103, or any replacement or amended legislation.
NFPA. The National Fire Protection Association.
NOVELTIES. As the term is 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 cup;
(2) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in division (1) above, 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 one-eighth inch in diameter; and
(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.
PERSON. Any individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization or any other legal or commercial entity. An INDIVIDUAL shall include a minor as defined in this section.
SKY LANTERN. An airborne lantern typically made of paper with a wood or bamboo frame containing a candle, fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. The term includes sky candles, fire balloons, airborne paper lanterns, Chinese lanterns, Kongming lanterns, wish lanterns and khoom fay. SKY LANTERNS are not fireworks.
(Ord. 32, passed - -)