Court of Claims Denies Emergency Motion Challenging Michigan Fireworks Safety Advisory

LANSING – Yesterday, the Michigan Court of Claims denied an emergency motion (PDF) from Jake’s Fireworks seeking to block a state public safety advisory on overloaded fireworks. The decision follows a response filed by Michigan Attorney General Dana Nessel on behalf of the Department of Licensing and Regulatory Affairs (LARA), the Bureau of Fire Services (BFS), and State Fire Marshal Tom Hughes, urging the Court to deny the motion. Jake’s Fireworks, a fireworks wholesaler and retailer, filed a lawsuit to halt a June 1 Advisory Bulletin (PDF) setting forth the Fire Marshal’s interpretation that under the Michigan Fireworks Safety Act, any device exceeding 500 grams of explosive material is outside the definition of “consumer fireworks” and cannot be sold to standard consumers, regardless of whether the product has federal transportation approval.

“With the Independence Day holiday and our country’s 250^th anniversary upon us, Michigan consumers should be able to trust that the fireworks on store shelves at least comply with Michigan law,” said Attorney General Nessel. “Whenever handling fireworks, safety must be the top concern, and if retailers ignore these laws to sell excessively loaded fireworks, that puts the public at an increased risk of harm. This advisory bulletin is a critical measure to protect our backyard celebrations and block parties from turning into an unexpected trip to the emergency room. My office will continue working with LARA and BFS to ensure our state’s laws are strictly enforced so that families can celebrate the holiday safely.”

The fireworks devices addressed by the Advisory Bulletin, known as “multiple tube mine and shell” or “cakes,” contain more than 500 grams of pyrotechnic composition, which exceeds the limits established by American Pyrotechnics Association standards for consumer-grade fireworks. Attorney General Nessel argued, consistent with the Advisory Bulletin, that the Michigan Fireworks Safety Act prohibits their retail sale alongside standard consumer-grade fireworks.

While Jake’s Fireworks argues that the U.S. Department of Transportation shipping classifications should allow them to sell these overloaded fireworks devices to the public, the Attorney General contends that a plain-language reading of Michigan law allows for no-such exception. Attorney General Nessel also argued that the Advisory Bulletin itself was created to keep the public, along with retailers and others in the fireworks industry, informed of LARA’s interpretation of the law, and as such, it does not have the force and effect of law and does not constitute a change to Michigan statutory law, as Jake’s Fireworks claimed.

The Court of Claims denied the emergency motion, finding, in part, that Jake’s Fireworks was unlikely to succeed on the merits of its complaint for declaratory relief, and that the arguments raised by Attorney General Nessel are likely to prevail.

When purchasing and lighting fireworks, the US Consumer Product Safety Commission offers the following safety guidelines:

• Never allow young children to handle fireworks, including sparklers. Sparklers burn at 2,000 degrees Fahrenheit.
• Make sure the fireworks are labeled for consumer (not professional) use.
• Never use fireworks while impaired by alcohol or drugs.
• Keep a bucket of water or a garden hose handy, in case of fire or other mishap.
• Light fireworks one at a time, then move back quickly.
• Never try to relight or handle malfunctioning fireworks. Soak them with water and throw away.
• Never place any part of your body directly over a fireworks device when lighting the fuse.
• Never point or throw fireworks (including sparklers) at anyone.
• After fireworks complete their burning, to prevent a trash fire, douse the spent device with plenty of water from a bucket or hose before discarding the device.

More firework safety tips can be found on LARA’s website.

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