Rochester Hills, Michigan - Code of Ordinances Subpart A - GENERAL ORDINANCES
Chapter 58 - FIRE PREVENTION AND PROTECTION
(The Part About The Fireworks)
Questions regarding this document should be directed to the City of Rochester Hills and NOT to North Fairview Farms.
Section 3301.1.3 Fireworks, shall be modified to read as follows:
3301.1.3.1 Definitions .
For purposes of this Section, the following definitions shall apply:
(a) "APA Standard 87-1" means 2001 APA Standard 87-1, standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics, published by the American Pyrotechnics Association of Bethesda, Maryland.
(b) "Consumer fireworks" means 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 CFR 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.
(c) "Display fireworks" means 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 CFR 555.11, 49 CFR 172, and APA Standard 87-1, 4.1.
(d) "Firework" or "fireworks" means 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.
(e) "Low-impact fireworks" means 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.
3301.1.3.2 Manufacture of Fireworks .
The manufacture of fireworks is prohibited within the City limits.
3301.1.3.3 Use of Consumer Fireworks .
(a) The ignition, discharge and use of consumer fireworks shall be prohibited, except on the day preceding, the day of, or the day after a national holiday, as defined in 5 USC 6103. On those days, the ignition, discharge or use of consumer fireworks between the hours of 12 midnight and 8 a.m., or between the hours of 1 a.m. and 8 a.m. on New Year's Day, is prohibited.
(b) A person shall not ignite, discharge or use consumer 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 those fireworks on those premises.
3301.1.3.4 Display Fireworks .
Use of display fireworks shall comply with the rules and regulations issued by the code official for the granting of permits for supervised public displays of fireworks by the City, fair associations, amusement parks, and other organizations. Every such use of display fireworks shall be under the control of a person competent to ensure compliance with the code and ensure proper safety precautions. The display fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion of the code official will not be a hazard to property or endanger any person.
3301.1.3.5 Exceptions.
Nothing in this Section shall be construed to prohibit any of the following:
(a) A wholesaler, retailer, commercial manufacturer, or importer from selling, storing, using, transporting, or distributing consumer fireworks or low-impact fireworks.
(b) The use of fireworks by railroads or other transportation agencies or law enforcement agencies for signal purposes or illumination.
(c) The use of agricultural or wildlife fireworks.
(d) The sale or use of blank cartridges for any of the following:
(i) A show or play.
(ii) Signal or ceremonial purposes in athletics or sports.
(iii) Use by military organizations.
(iv) Use by law enforcement agencies. (
e) The possession, sale, or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who possess a permit to possess, store, and sell explosives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the United States Department of Justice.
(f) Interstate wholesalers from selling, storing, using, transporting, or distributing fireworks.
Section 3308.11.5 Seizure of Illegal Fireworks.
If the code official or law enforcement agency determines a violation of this Section has occurred, the code official or law enforcement agency may seize the fireworks as evidence of the violation. Evidence seized under this subsection shall be stored pending disposition of any criminal or civil proceedings arising from a violation of this Section at the expense of the person, if the person is found responsible or liable for the violation.
(Ord. No. 513, § 1, 11-1-2006; Ord. No. 548, § 1, 1-25-2010; Ord. No. 568, § 1, 5-21-2012; Ord. No. 579, § 1, 6-24-2013 ; Ord. No. 595 , § 1, 3-27-2017)
Section 3301.1.3 Fireworks, shall be modified to read as follows:
3301.1.3.1 Definitions .
For purposes of this Section, the following definitions shall apply:
(a) "APA Standard 87-1" means 2001 APA Standard 87-1, standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics, published by the American Pyrotechnics Association of Bethesda, Maryland.
(b) "Consumer fireworks" means 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 CFR 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.
(c) "Display fireworks" means 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 CFR 555.11, 49 CFR 172, and APA Standard 87-1, 4.1.
(d) "Firework" or "fireworks" means 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.
(e) "Low-impact fireworks" means 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.
3301.1.3.2 Manufacture of Fireworks .
The manufacture of fireworks is prohibited within the City limits.
3301.1.3.3 Use of Consumer Fireworks .
(a) The ignition, discharge and use of consumer fireworks shall be prohibited, except on the day preceding, the day of, or the day after a national holiday, as defined in 5 USC 6103. On those days, the ignition, discharge or use of consumer fireworks between the hours of 12 midnight and 8 a.m., or between the hours of 1 a.m. and 8 a.m. on New Year's Day, is prohibited.
(b) A person shall not ignite, discharge or use consumer 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 those fireworks on those premises.
3301.1.3.4 Display Fireworks .
Use of display fireworks shall comply with the rules and regulations issued by the code official for the granting of permits for supervised public displays of fireworks by the City, fair associations, amusement parks, and other organizations. Every such use of display fireworks shall be under the control of a person competent to ensure compliance with the code and ensure proper safety precautions. The display fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion of the code official will not be a hazard to property or endanger any person.
3301.1.3.5 Exceptions.
Nothing in this Section shall be construed to prohibit any of the following:
(a) A wholesaler, retailer, commercial manufacturer, or importer from selling, storing, using, transporting, or distributing consumer fireworks or low-impact fireworks.
(b) The use of fireworks by railroads or other transportation agencies or law enforcement agencies for signal purposes or illumination.
(c) The use of agricultural or wildlife fireworks.
(d) The sale or use of blank cartridges for any of the following:
(i) A show or play.
(ii) Signal or ceremonial purposes in athletics or sports.
(iii) Use by military organizations.
(iv) Use by law enforcement agencies. (
e) The possession, sale, or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who possess a permit to possess, store, and sell explosives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the United States Department of Justice.
(f) Interstate wholesalers from selling, storing, using, transporting, or distributing fireworks.
Section 3308.11.5 Seizure of Illegal Fireworks.
If the code official or law enforcement agency determines a violation of this Section has occurred, the code official or law enforcement agency may seize the fireworks as evidence of the violation. Evidence seized under this subsection shall be stored pending disposition of any criminal or civil proceedings arising from a violation of this Section at the expense of the person, if the person is found responsible or liable for the violation.
(Ord. No. 513, § 1, 11-1-2006; Ord. No. 548, § 1, 1-25-2010; Ord. No. 568, § 1, 5-21-2012; Ord. No. 579, § 1, 6-24-2013 ; Ord. No. 595 , § 1, 3-27-2017)