§ 18-42. Definitions.

The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section:

Act means the Michigan fireworks safety act, Public Act No. 256 of 2011, MCL 28.451—28.471, as amended.

Agricultural and wildlife fireworks means firework devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of Interior or the Michigan Department of Natural Resources.

APA means American Pyrotechnics Association.

Articles pyrotechnic means pyrotechnic devices for professional use that are similar to consumer fireworks in 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 CFR 172.101.

Commercial fireworks includes display fireworks, articles pyrotechnic, special effects and agricultural and wildlife fireworks.

Consumer fireworks means fireworks devices that are designed to produce visible or audible 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 standards 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks do not include low-impact fireworks.

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.

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.

Low-impact fireworks means ground and handheld sparkling devices as that phrase is defined under APA standards 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.

Minor means an individual who is less than 18 years of age.

National holiday means a national holiday is defined in 5 USC 6103 and includes the following:

(a)

New Year's Day (January 1).

(b)

Martin Luther King Jr. Day (third Monday in January).

(c)

Washington's Birthday (third Monday in February).

(d)

Memorial Day (last Monday in May).

(e)

Independence Day (July 4, and on the date selected by the City of Cadillac to celebrate Independence Day, if different).

(f)

Labor Day (first Monday in September).

(g)

Columbus Day (second Monday in October).

(h)

Veterans Day (November 11).

(i)

Thanksgiving Day (fourth Thursday in November).

(j)

Christmas Day (December 25).

(k)

NFPA means National Fire Protection Association.

Novelty fireworks means that term as defined under APA standards 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:

(a)

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 cap.

(b)

Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subsection (a) are used, 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.

(c)

Flitter sparklers in paper tubes not exceeding one-eighth-inch in diameter.

(d)

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.

Special effects means a combination of chemical elements or chemical compounds designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical or opera production or live entertainment.

State fire marshal means the Michigan State Fire Marshal appointed under section 1b of the Michigan Fire Prevention Code, Public Act No. 207 of 1941, MCL 29.1b.

(Ord. No. 2013-08, § 2, 9-3-2013)