Michigan Law, 1931 PA 328, as amended, MCL 750.243; MSA 28.440, regulates the sale, possession, transportation, and use of fireworks devices within the state. 

Legal Devices

See 1931 PA 328, as amended, for complete language of the act: 

-Flat paper caps containing not more than .25 of a grain of explosive content per cap  
-Toy pistols, toy cannons, toy canes, toy trick noise makers, and toy guns in which paper caps are used  
-Sparklers containing no more than .0125 pounds of burning portion per  sparkler  
-Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter  
-Cone and cylinder fountains (emits showers of sparks)  
-Toy snakes not containing mercury and packed no more than 12 per box  
-Toy smoke devices 

Note: Possession, transportation, sale, or use of signal flares of a type approved by the director of the Department of State Police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the training or exhibiting of dogs, for signal purposes in athletic sports, for use by military organizations, and all items used by railroads for emergency signal purposes do not require a permit. 

Permit Process

Persons who would like to conduct a fireworks display using regulated devices must contact the governing body of the jurisdiction where the proposed display will be conducted. 

Forms will be distributed by the Office of the State Fire Marshal to local units of government only.  A local unit of government is defined as a council or commission for a city or village and a township board for a township.

Applicants should be prepared to do the following:

-Submit application to local governing body  
-Submit proof of training and qualifications to conduct a pyrotechnic display  
-Submit proof of financial responsibility (insurance or bond)  
-Submit general plan to local governing body outlining how the display will be conducted  
-Demonstrate knowledge of recommended safety requirements as outlined in National Fire Protection Association pamphlets #1123, 1124, and 1126. 

Local governing body should:

-Examine application thoroughly  
-Examine proof of training and qualifications, rule on competency  
-Examine proof of financial responsibility (local governing body determines the required amount of insurance or bond)  
- Examine applicant's knowledge of recommended safety standards as outlined in National Fire Protection Association pamphlets #1123, 1124, and 1126.  
-Consult with your attorney for advice on legal issues related to fireworks displays. 

Transportation and storage of fireworks

Permits are required to transport or store any device other than those listed as not requiring a permit. Generally, a one-story, non-combustible building is required. See 1931 PA 328, as amended, for specific storage requirements. 

Fireworks must be transported in compliance with rules promulgated by the Michigan State Police, Motor Carrier Division. Contact the Hazardous Materials Section for specific transportation issues. 

Violations

Violations of 1931 PA 328, as amended, are a misdemeanor offense. 

Additional Information

For more information contact the State Fire Marshal at 517-241-8847.