(A) General. The Township Board may permit articles pyrotechnic, display fireworks or special effects fireworks, pursuant to Michigan Public Act 256 of 2011, M.C.L.A. §§ 28.451 et seq., as amended.
(B) Application. Any person wishing to conduct an articles pyrotechnic, display fireworks or special effects fireworks display shall, at least 45 days prior to the display, submit an application on a form furnished by the township, pay the required fee, and obtain permission from the Township Board.
(C) Site plan. A site plan of the area where the articles pyrotechnic, display fireworks, and special effects fireworks display is to be conducted shall be submitted with the application. The site plan shall show all structures in the vicinity and in the discharge site fallout area. The site plan shall also show the distance separating the fireworks from spectator viewing areas. The site plan shall be forwarded to the Fire Chief, or his or her designated alternate, for review and approval, including any recommended conditions, prior to coming before the Township Board for review.
(D) State and federal permits. Copies of required state and federal permits shall be submitted with the application.
(E) Insurance. Proof of insurance conforming with the requirements of this subchapter and Public Act 256 shall be submitted with the application.
(F) Competency of the display operator. Sufficient information shall be submitted to demonstrate to the Township Board that the display operator is competent and qualified, pursuant to NFPA 1123.
(G) Approval criteria. The Township Board shall approve an application for articles pyrotechnic, display fireworks and special effects fireworks display, if it finds that all of the following criteria are satisfied:
(1) The application and accompanying documentation are complete and conform to the requirements of this subchapter;
(2) The display operator is competent and qualified to conduct the fireworks display, per NFPA 1123;
(3) The Fire Chief, or his or her designated alternate, has approved the application and site plan;
(4) The fireworks display will not have an adverse impact upon public safety;
(5) A person shall not ignite, discharge or use articles pyrotechnic, display fireworks and special effects fireworks on public property, school property, church property or the property of another person without that organization’s or person's express permission to use the fireworks on a form provided by the township.
(H) Conditions of approval. The Township Board, in approving an application hereunder, shall have the authority and sole discretion to impose such reasonable conditions as it determines are necessary to assure that the fireworks display will satisfy the above approval criteria.
(I) Requirements and restrictions.
(1) The person conducting the fireworks display shall follow NFPA 1123 for fireworks display and/or the township requirements set forth herein, whichever are more restrictive.
(2) Pursuant to NFPA 1123, minimum separation distances from mortars to spectators shall be maintained, as noted in the following chart, unless a higher standard is promulgated by the NFPA:
Distances for Outdoor Aerial Shell Display Sites: Minimum Separation Distances from Mortars to Spectators for Land or Water Displays
Mortar Size | Minimum Secured Diameter of Site | Vertical Mortars | Angled Mortars Offset | Special Hazards |
Mortar Size | Minimum Secured Diameter of Site | Vertical Mortars | Angled Mortars Offset | Special Hazards |
Inches | Feet | Feet | Feet | Feet |
<1 | 150 | 75 | 75 | 150 |
1.5 | 210 | 105 | 75 | 210 |
2 | 280 | 140 | 95 | 280 |
2.5 | 350 | 175 | 115 | 350 |
3 | 420 | 210 | 140 | 420 |
4 | 560 | 280 | 190 | 560 |
5 | 700 | 350 | 230 | 700 |
6 | 840 | 420 | 280 | 840 |
7 | 980 | 490 | 320 | 980 |
8 | 1,120 | 560 | 370 | 1,120 |
10 | 1,400 | 700 | 460 | 1,400 |
12 | 1,680 | 840 | 560 | 1,680 |
(3) The applicant shall maintain personal injury liability insurance/property damage liability insurance in the amount of $1,000,000 for each event. The township shall be named as an additional insured on the insurance policy.
(4) The Township Board shall not issue a permit to a nonresident person, firm or corporation for ignition of articles pyrotechnic or display fireworks until the person, firm or corporation has appointed in writing a resident member of the bar of this state or a resident agent to be the legal representative, upon whom all process in an action or proceeding against the person, firm or corporation may be served.
(5) The applicant shall be responsible for all shells being fired. In the event one or more of the shells does not explode, the applicant shall secure the area until the unexploded shell(s) is found and properly disposed of.
(6) The consumption of alcohol immediately prior to and during the fireworks display by any person involved in conducting the display is prohibited. An individual shall not ignite, discharge or use fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(7) A fireworks display conducted hereunder shall conform to all specifications set forth in the approved application and site plan, as well as any conditions imposed by the Township Board in granting such approval.
(8) The applicant shall cause the site of the fireworks display to be cleaned up within 24 hours after the fireworks display has ended.
(9) A permit is not transferable and shall not be granted to a minor.
(Ord. passed 6-14-2017) Penalty, see § 92.99