For purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section or in Section 2 of the Michigan Fireworks Safety Act, being MCL 28.452:
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 (“APA”) of Bethesda, Maryland.
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.
Consumer fireworks means any firework device designed primarily to produce visible effects by combustion or deflagration that complies with the construction, chemical composition, and labeling regulations of the United States Consumer Products Safety Commission, as set forth in Title 16, Code of Federal Regulations, Parts 1500 and 1507, and that are listed in APA Standard 87-1, 3.1.2, 3.1.3, or 3.5 as defined in the Michigan Fireworks Safety Act, being MCL 28- 451 et seq., but does not include low-impact fireworks.
Display fireworks means fireworks devices intended for use in fireworks displays that are presented in conformance with the provisions of this Code, are designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and Section 4.1 of APA Standard 87-1. Typesetter — ED — Page 1 ch18 ai (Ord. 2020-26) Publish Wed. August 19, 2020
Fireworks means any composition or device for the purpose of producing a visible display, or an audible effect, or both, for entertainment purposes, by combustion, deflagration or detonation, and that meets the definition of articles pyrotechnic, consumer fireworks, and low-impact fireworks as defined in this section, or display fireworks as defined in this section.
Low-impact fireworks means ground and handheld sparkling devices as that phrase is defined under APA Standard 87-1.2.1, 3.1.1.1 to 3.1.1.8, and 3.5. NFPA means the National Fire Prevention Association.
Public display means the use of fireworks or articles pyrotechnic in a manner to provide audio and/or visual entertainment.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-26 ((JCC. 7/14/20, Pass. 7/28/20, App. 7/29/20, Pub. 8/19/20, Eff. 8/19/20).
(a) Any person violating this division, shall be responsible for a civil infraction subject to assessment of a civil fine of $1,000.00 for each violation.
(b) $500.00 of the fine referenced in Subsection (a) of this section shall be remitted to the enforcing agency in accordance with Section 7 of the Michigan Fireworks Safety Act, being MCL 29.457.
(c) Any member of the Fire Marshal Division or the Police Department may confiscate any fireworks that are found within the City in violation of state or federal law, or in violation of this Code. All fireworks seized shall be stored pending disposition of any criminal or civil proceedings arising from a violation of this division or the Michigan Fireworks Safety Act being MCL 28.451 et seq., at the expense of the person, if the person is found to be liable for the violation.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-26 ((JCC. 7/14/20, Pass. 7/28/20, App. 7/29/20, Pub. 8/19/20, Eff. 8/19/20).
(a) A person shall not ignite, discharge, or use consumer fireworks, except on the following days after 11 a.m.:
(1) December 31 until January 1 at 1a.m.
(2) The Saturday and Sunday immediately preceding Memorial Day until 11:45p.m. on each of those days.
(3) June 29 through July 4 until 11:45p.m. on each of those days.
(4) July 5, if the date is a Friday or Saturday, until 11:45 p.m.
(5) The Saturday and Sunday immediately preceding Labor Day until 11:45p.m. on each of those days.
(c) A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without express permission of the owner of any such property.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-26 ((JCC. 7/14/20, Pass. 7/28/20, App. 7/29/20, Pub. 8/19/20, Eff. 8/19/20).
For the purpose of this division, the following words and phrases shall have the meaning respectively ascribed to them by this section.
Building means a structure, either temporary or permanent, having a roof and enclosing walls on all sides and used or built for the shelter or enclosure of persons, animals, or property of any kind.
Department means the Detroit Fire Department.
Emergency personnel means the Detroit Fire Department.
High rise means a building with an occupied floor located more than 55 feet above the lowest level of the Department’s vehicle access.
Key label means a tag that is attached to each key, and identifies the room that the key accesses or the function of the key.
Master key means a universal key that is carried on all fire apparatus, and enables fire crews to access any rapid entry system within the City.
Multi-family dwelling means a structure, located on a single lot, containing three or more dwelling units, each of which is designed for or occupied by one family only, with separate housekeeping and cooking facilities for each.
Owner means any person, agent, operator, firm or corporation that has a legal or equitable interest in the building, premises, or structure: or is recorded in the official records of the state, the County, or the City as holding title to the building, premises or structure, or otherwise has the legal responsibility for the control and maintenance of the building, premises or structure, including the conservator or guardian of the estate of any such person, the executor or administrator of the estate of such person where ordered to take possession of a building, premises, or structure by a court, or the taxpayer of record.
Rapid entry system (RES) means a system that is approved by, and with the consultation of, the Fire Marshal, used for securely storing access devices for the premises, and may contain other important information concerning the building. An RES may encompass one or more of the following devices:
(1) Metal Box:
(2) Gate Switch:
(3) Padlock:
(4) Vault: and
(5) Cabinet.
Senior living community means a residential community or housing complex designed for adults age 55 and older.
Codified by Ord. No. 2020-23 (JCC. 6/23/20, Pass. 7/14/20, App. 7/20/20, Pub. 8/10/20, Eff. 8/10/20).
(a) The Department and its representative officers or agents are authorized to enforce the provisions of this division.
(b) It shall be unlawful for any person to violate any provision of this division, or to aid and abet another to violate such provision.
(c) Any person who violates this division, or aids and abets another to violate such provision, may be issued a misdemeanor violation for each day that the violation continues.
(d) Any person who is found guilty of violating any provision of this division, or aids and abets another to violate such provision, shall be convicted of a misdemeanor for each violation that is issued and, in the discretion of the court, may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each violation that is issued.
Codified by Ord. No. 2020-23 (JCC. 6/23/20, Pass. 7/14/20, App. 7/20/20, Pub. 8/10/20, Eff. 8/10/20).
(a) The following buildings shall be equipped with, and shall be responsible for installing an RES:
(1) Senior living communities;
(2) Schools, whether public or private;
(3) Multi-family dwellings that have restricted access through locked doors or a gate:
(4) High-rise buildings:
(5) Sites and facilities secured by manual or automatic gates, or barriers that deny the Department access to the facility; and
(6) Commercial buildings, subject to the Fire Marshal’s discretion.
(b) The following buildings are exempt from installation of an RES device;
(1) Single family structures and multi-family structures that do not meet the requirements set forth in Section 18-1-213 (3) of this ordinance.
(2) Non-residential buildings that have a security system operating twenty-four hours each day of the calendar year and on-site security staff or personnel.
(3) Buildings containing sensitive materials vital to national security or defense.
(4) Buildings containing materials that are hazardous to the health and wellness of the community.
Codified by Ord. 2020-23 (JCC. 6/23/20, Pass. 7/14/20, App. 7/20/20, Pub. 8/10/20, Eff. 8/10/20).
(a) Prior to the installation of an RES on any premises, the owner shall contact the Department to schedule a mandatory assessment and pay the required fee.
(b) Upon payment of the fee, the Fire Marshal shall visit the location and perform the following actions:
(1) Inspect the premises:
(2) Collect documentation as determined by the Department: and
(3) Provide the owner with specific directions pertaining to the following:
a. Optional RES devices and models:
b. Placement of the RES:
c. Installation of the RES:
d. Necessary signage: and
e. Instructions to the owner for an inspection by the Department once the RES is installed.
Codified by Ord. No. 2020-23 (JCC. 6/23/20, Pass. 7/14/20, App. 7/20/20, Pub. 8/10/20, Eff. 8/10/20).
(a) Following the installation of the RES, the owner of the premises shall contact the Department, to request an inspection of the installation.
(b) If the Fire Marshal determines that the RES is adequately installed, the Fire Marshal shall use the master key to lock the required items in the RES.
(c) If the Fire Marshal determines that the RES is not adequately installed, the Fire Marshal shall not lock the required items in the RES and shall provide the owner with further instruction regarding installation.
Codified by Ord. No. 2020-23 (JCC. 6/23/20, Pass. 7/14/20, App. 7/20/20, Pub. 8/10/20, Eff. 8/10/20).
(a) The owner of the premises shall, at all times, be required to keep keys and information in the RES that will allow the Department access to the structure. An RES shall contain the following:
(1) Keys.
a. Every key placed in the RES shall have a clear, sturdy label attached to it that identifies what it accesses.
b. All keys shall be placed on a key ring.
c. The. keys stored in the RES shall provide the Department access to the following:
i. Locked points of ingress or egress:
ii. Main entry;
iii. Fire control room:
iv. Card access keys;
v. Mechanical room:
vi. Electrical room:
vii. Fire alarm control panel and manual pull stations:
viii. Keys to the sprinkler riser and backflow prevention devices, as applicable:
ix. Elevator control room:
x. Any fenced or secured areas: and
xi. Other rooms as specified in the assessment with the Department, or as required during a fire inspection.
(2) Documents.
a. A list of the keys placed in the RES.
b. Floor plans of the rooms within the building.
c. A card listing all the emergency contact information for the building, including names and telephone numbers.
(b) The owner shall contact the Department within 24 hours after any changes to the building’s locks, keys. or documents are made.
Codified by Ord. No. 2020-23 (JCC. 6/23/20, Pass. 7/14/20, App. 7/20/20, Pub. 8/10/20, Eff. 8/10/20).
The Fire Marshal, his or her designee, or any authorized officer, agent, employee, or representative of the Fire Department who presents credentials may inspect the property annually. to ascertain compliance with this division for the maintenance of public health, safety, and welfare.
Codified by Ord. No. 2020-23 (JCC. 6/23/20, Pass. 7/14/20, App. 7/20/20, Pub. 8/10/20, Eff. 8/10/20).