Macomb to Use Zoning to Retain Some Control of State-Allowed Fireworks Sales

It isn’t a question of whether Macomb Township will allow fireworks sales this summer, but rather an issue of where, as the township’s current Code of Ordinances prohibits those sales now permitted by state law.

According to the Michigan Fireworks Safety Act, which went into effect on Jan. 1 of this year, “A local unit of government shall not enact or enforce an ordinance, code, or regulation pertaining to or in any manner regulating the sale, display, storage, transportation, or distribution of fireworks regulated under this act.”

Prior to the passage of this state law, the sale of fireworks was prohibited in Macomb Township and as a result, zoning ordinances have never made provision for such sales.

However, with July 4 quickly approaching and state law mandating that the township allow these sales, the township board has authorized the Planning Commission to hold a public hearing on June 5 to amend the language of township zoning ordinances to provide for the location of fireworks sales.

“The law does not control where they are located, it just says you cannot restrict sales, storage, etc.” said township Clerk Michael Koehs. “We can amend the zoning ordinance to allow (fireworks sales) into commercial zones so people don’t start selling them out of their garages.”

Supervisor Mark Grabow said while local ordinances cannot supersede state law, the township does have some power regarding public safety.

“The new state law is real clear. You cannot restrict fireworks sales,” Grabow said. “If they want to put a tent up, they can put a tent up. But if they go into a complex and rent a store, there are certain requirements.”

“We’re going to make sure the state’s requirements are followed as presented. Every local ordinance is going to be tighter than the state, but in this case its clear it cannot supersede it. It has to be tolerable to allow them to operate. You can’t really stop them.”

Under the new law, a merchant need only have the proper certificate and meet the requirements set forth by the National Fire Protection Agency to set up shop in a city or township. Approval from the local municipality is not required.

With its power to regulate fireworks sales almost completely nullified by state law, Macomb Township’s last avenue is its zoning.

“We can’t allow them to set up in a building full of gasoline, but if they happen to lease a building that has a sprinkler system, that has to be operational,” Grabow said. “If they happen to have a tent, then they to have the compliance requirements set up for tents … (The state law) is extremely loose and there’s a lot of people not happy with it.”

The June 5 public hearing will take place at 7 p.m. in Town Hall. The results of the hearing will be presented to the board on June 13, when the board is expected to take action regarding this issue.