Michigan’s Fireworks Law
July 2, 2012Criminal Law, Holidays
Michigan’s Fireworks Law
As of January 1 of this year Michigan allows residents to buy and use previously-banned fireworks including bottle rockets, roman candles, and other fireworks that leave the ground. These types of fireworks are categorized as “consumer fireworks.” The fireworks that we’ve been using legally for years are now known as “low-impact” fireworks.
The big display type fireworks that cities put on are still heavily regulated and are only permitted for use by professionals.
Michigan’s Fireworks Law – Details
You must be 18 years old to purchase fireworks in Michigan.
The new law prohibits the use of fireworks by anyone who is under the influence of drugs or alcohol. Also, fireworks cannot be used on public property, on school property, or on private property without the express permission of the owner.
The state law allows local governments to regulate the use of the fireworks throughout the year except on ten federal holidays (including the holiday itself and the day before and after the holiday). The ten federal holidays are: New Years Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. Prepare for a lot of “This year I’m thankful for…FIREWORKS!” pranks coming this November.
After quite a bit of debate, Grand Rapids banned the use of consumer fireworks except on those days. I know that a number of other Michigan cities have done the same.
Michigan’s Fireworks Law – $$$
Another big impact of this new law lands on those wanting to sell the fireworks. Anyone who wishes to sell fireworks in Michigan must become certified by the state. Any applicant wishing to sell “consumer fireworks” must complete an application and pay an application fee ($1000 for a permanent building or $600 for a non-permanent structure, like a tent). The location must comply with National Fire Protection Association standards. The applicant has to provide a copy of their current sales tax license as well. The applicant must submit their application by April 1st of the year they wish to sell the fireworks. Retailers must apply annually for this license.
The new law also requires fireworks retailers to have liability insurance of at least $10 million.
There is also a new Fireworks Safety Fee. This fee is a 6% fee on top of Michigan’s 6% sales tax. The fee applies to both consumer and low-impact fireworks. The state will use these fees to fund the Bureau of Fire Services and firefighter training programs.
According to one state representative, this new law should increase firework sales and create between $8 and $10 million annually for Michigan.
Many people figure that so many Michiganders travel out of state to buy the fireworks that Michigan might as well keep the tax dollars in state. It will be interesting to know if fireworks retailers in Indiana and Ohio see a drop in revenue this year.
So there you have it, under Michigan’s New Fireworks Law, you can go ahead and buy those roman candles and mortar shells — but you have to wait until July 3rd to shoot them off in Grand Rapids. Check with your local government to find the fireworks rules in your city.
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
