As summer unfolds in Michigan, fireworks become central to Independence Day celebrations. With numerous events and backyard festivities, the risk of injuries rises, as Michigan ranks fifth nationally in firework-related injuries, with up to 10,000 annually. This guide offers an overview of state fireworks laws, safety tips, and legal resources for injuries or damages caused by negligent firework use.
When Can You Legally Use Fireworks?
Where Are Fireworks Allowed? Fireworks can only be used on private property with the owner’s permission. It’s illegal to use them on streets, roads, or public parks. The Michigan fireworks safety act (MCL 28.451 et seq.) allows for the use of “consumer fireworks” without restrictions as to the date and time of use. MCL 28.457(2).
However, that same statute allows for a local unit of government (i.e. township, city, or village) to pass ordinances restricting the use of consumer fireworks, but the Michigan fireworks safety act explicitly prohibits any local ordinances that would regulate the ignition, discharge, or use of consumer fireworks on the following days after 11:00 a.m:
What Fireworks Are Legal in Michigan?
Is It Legal to Consume Drugs or Alcohol While Using Fireworks?
Michigan law, with certain age restrictions, allows for the purchase of novelties, low-impact fireworks, and consumer fireworks without the need of any special permit or licensing for the consumer.
Examples of these legal fireworks include but are not limited to: Legal Consumer Fireworks Aerials Roman Candles Helicopter/Aerial Spinners Reloadable Shell Devices Missile-Type Rockets Bottle Rockets/Sky Rockets Firecrackers Single-Tube Devices with Report Ground or Handheld Sparklers Sparklers & Sparkler Trees Cones Cylindrical Square Calif. Rockets Smoke Devices Cylindrical Smoke Cones Calif. Smoke Cones Ground Sparkling Devices Ball & Disk Cylindrical Novelties Snappers/Drop Pops Snakes Party Poppers Smoke Ball Sparkling Devices Sparkling Wheel Devices Michigan law prohibits the use of consumer fireworks by anyone under the influence of alcohol or drugs.
Additionally, Michigan Law prohibits the use of fireworks while smoking. Fines for illegal fireworks usage can range from a civil fine of no more than $500 for igniting fireworks on public property to up to $10,000.00 and 15 years in prison if the violation of the Michigan Firework Safety Act resulted in someone’s death. There may also be additional criminal and civil liability not subject to the Michigan Firework Safety Act.
However, the Michigan fireworks safety act does prohibit the purchasing and use of “display fireworks” by normal consumers. A good rule of thumb for distinguishing between “display fireworks” and “consumer fireworks” is to simply read the label. “Consumer fireworks” are required to have certain safety labeling on them and comply with certain chemical requirements, and they should be easily distinguishable from “display fireworks” simply from their visual appearance.
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