Section R. 29.2912 - DefinitionsRule 12. Sections 3.2.2, 3.2.3, 3.3.19, 3.3.30, 3.3.30.1, 3.3.30.2, 3.3.48, 3.3.51, and 3.3.52 are amended and sections 3.2.3.1, 3.3.30.3, 3.3.30.4, 3.3.65.1, and 3.3.78 are added to read as follows:
3.2.2 "Authority having jurisdiction" means the director of the department or an employee of the department appointed by the director to implement the act.3.2.3 "Code" means the national fire protection association pamphlet no. 1124, 2006 edition, entitled "code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles" as amended by these rules. 3.2.3.1 "Act" means 2011 PA 256, the Michigan fireworks safety act, MCL 28.451 to 28.471.3.3.19 "Consumer fireworks retail stand" means a temporary or permanent building or structure that has a floor area not greater than 800 sq. ft. (74 sq. m.), other than tents, canopies, or membrane structures, that is used primarily for the retail display and sale of consumer fireworks to the public. Stands may include, but are not limited to, small buildings, plywood and sheet metal structures, manufactured buildings, semitrailers, shipping containers, or similar structures or facilities.3.3.30 "Firework or fireworks" means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects. 3.3.30.2 "Display fireworks" means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.3.3.30.3 "Low-impact fireworks" means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.3.3.30.4 "Special effects" means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment.3.3.48 "Novelties" means devices as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following: (a) Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.(b) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps, as described in subdivision (a) of this rule, are used that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated to form a missile by the explosion.(c) Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.(d) Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12 pieces per box for retail sale and if the manufacturers name and the quantity contained in each box are printed on the box; and toy smoke devices. 3.3.51 "Permanent building or structure" means a building or structure that is affixed to a foundation on a site that has fixed utility connections and that is intended to remain on the site for more than 180 consecutive calendar days.3.3.52 "Person" means an individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity.3.3.65.1 "Retailer" means a person who sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use.3.3.78 "Minor" means an individual who is less than 18 year of age.Mich. Admin. Code R. 29.2912