Update on Michigan Fireworks Safety Act

On February 11, 2014, the Governor signed into law Public Act 9 of the Michigan Public Acts of 2014, which amends the Stille-Derossett-Hale Single State Construction Code Act, Public Act No. 230 of the Michigan Public Acts of 1972, MCL 125.1501 to resolve a conflict between the Construction Code and the Michigan Fireworks Safety Act.

The Michigan Fireworks Safety Act, which regulates the purchase, possession, sale, and use of certain consumer fireworks products, requires a permanent building or structure to be equipped with a fire suppression system in compliance with the National Fire Protection Association (NFPA) Standard 1124. The Construction Code conflicts with the NFPA Standard 1124.

To resolve the conflict between the Construction Code and the Michigan Fireworks Safety Act, Act 9 specifies that any provision of the Construction Code that is inconsistent or conflicts with the Michigan Fireworks Safety Act in relation to the retail sale of consumer and low-impact fireworks is superseded by the Michigan Fireworks Safety Act. Act 9 further specifies that the state’s building, mechanical, electrical, and plumbing codes continue to apply in circumstances where the specified conflict with the Michigan Fireworks Safety Act identified does not exist.