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HB 4731

Fireworks: other; local ordinances regarding fireworks regulation; allow in certain circumstances. Amends secs. 5 & 7 of 2011 PA 256 (MCL 28.455 & 28.457).

2025-2026 Regular Session Introduced by Joey Andrews and 11 co-sponsors

HB 4731 standardizes retail fireworks safety with high insurance, licensing, and notice requirements, while preempting local sale/distribution rules but allowing limited use timing

bill electronically reproduced 07/15/2025
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Bill Summary · HB 4731

Summary — HB 4731 (House Bill)

Status: Introduced March 13, 2025; electronically reproduced July 15, 2025. Referred to Committee on Regulatory Reform. Companion bill: SB 1895.

Purpose

HB 4731 amends sections 5 and 7 of the Michigan Fireworks Safety Act (2011 PA 256; MCL 28.455 & 28.457). The bill clarifies and reaffirms retail safety, insurance, notice, and sale-location requirements for consumer fireworks sellers, and further defines the limits on local government regulation of fireworks sale/distribution and local authority over ignition/use (times/days).

Key provisions

Section 5 — Retail sale requirements (MCL 28.455)

  • Retail locations selling consumer fireworks must comply with applicable NFPA 101 and NFPA 1124 requirements for consumer and low‑impact fireworks. Where NFPA requirements conflict with the state construction code (Stille‑DeRossett‑Hale single state construction code act, 1972 PA 230), the NFPA provisions control to the extent of the inconsistency.
  • Permanent buildings selling fireworks must be equipped with a fire suppression system per NFPA 1124. If in a permanent multitenant building, an automatic sprinkler system is required (with a grandfathering exemption for locations holding a certificate at the same address during the calendar year before Dec 28, 2018).
  • Retailers must be licensed under the general sales tax act and have a federal taxpayer identification number (except sole proprietors).
  • Civil penalties: up to $2,500 per violation for failure to meet subsection (1) requirements; each day of noncompliance is a separate violation.
  • Insurance: while selling, the seller must add each retail location as an additional insured or maintain public/product liability coverage of at least $10,000,000 per occurrence. Failure may trigger an order to cease operations and a fine up to $5,000.
  • Notice to purchaser: every fireworks purchase must include a notice of state-permitted ignition/discharge/use times and any local ordinance language (must begin with specified statement). Retailer-provided forms include receipts, bags, labels, or handouts; mere posting at the location does not satisfy the requirement. Failure to provide notice: $100 per day fine, remitted to the local law enforcement agency.
  • Remote sales (phone/internet) are prohibited unless product is picked up or shipped from a permanent location for which the seller holds a valid consumer fireworks certificate.

Section 7 — Local authority and preemption (MCL 28.457)

  • General preemption: local units may not enact or enforce regulations that govern the sale, display, storage, transportation, or distribution of fireworks regulated under the Act.
  • Local units may regulate the ignition, discharge, and use of consumer fireworks (e.g., hours of use). However, a local ordinance "shall must not regulate" ignition/use on certain holiday periods after specified times — effectively protecting state-permitted use on listed days/times:
    • Dec 31 after 11 a.m. until Jan 1 at 1 a.m.
    • Saturday & Sunday immediately before Memorial Day until 11:45 p.m.
    • June 29–July 4 until 11:45 p.m.
    • July 5 (if Friday or Saturday) until 11:45 p.m.
    • Saturday & Sunday immediately before Labor Day until 11:45 p.m.
  • Local ordinances under subsection (2) must set a civil fine of $1,000 per violation and remit $500 of each fine to the enforcing local law enforcement agency.
  • Since Aug 1, 2019, larger local units (population ≥100,000, or in counties with population ≥750,000) may regulate temporary structures (tents/stands) used for fireworks sale/display/storage; such ordinances may not prohibit temporary storage/transport/distribution of fireworks by a certificate holder at a permanent building.

Who is affected

  • Fireworks retailers (permanent and temporary sellers) — compliance costs for building/suppression systems, insurance ($10M per occurrence), licensing, and notice requirements.
  • Consumers — receipt of statute-based notice and potential changes in availability/points of sale.
  • Local governments — limited authority over sale/distribution (preempted) but retained authority to regulate use/ignition except on specified holiday periods; ability to fine violators (set at $1,000).
  • Local law enforcement — designated recipients for portions of fines and enforcement responsibilities.

Procedural/timeline notes

  • Introduced March 13, 2025; committee hearings and a favorable report occurred in May 2025. Placed on the General State Calendar and later laid on the table subject to call (May 15, 2025). Electronically reproduced July 15, 2025.
  • The bill text excerpt was truncated; summaries above reflect available text of Sections 5 and 7 as presented in the introduced version.

Potential impacts

  • Strengthens statewide uniform safety standards for retail fireworks operations and imposes high insurance minimums that could raise barriers to entry or operating costs.
  • Limits municipal authority over the commercial aspects of fireworks (sale, storage, distribution) while leaving conditional local control over use/ignition — but protects use during major holiday periods specified in the bill.
  • Clarifies that NFPA standards supersede conflicting state building-code provisions to the extent of the conflict, potentially affecting building inspections and permitting.

If you want, I can produce a side‑by‑side comparison with current law to show exactly what language changes HB 4731 would make.

Compiled from official sources — confirm details with the bill’s official record.

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