HB-5941, As Passed House, December 6, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5941

     A bill to amend 1941 PA 207, entitled

"Fire prevention code,"

by amending section 7a (MCL 29.7a) and by adding section 7d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7a. (1) If Subject to section 7d, if the state fire

marshal or the commanding officer of the fire department of a city,

village, township, or county, or a fire fighter in uniform acting

under the orders and directions of the commanding officer

determines a dangerous condition exists, the state fire marshal,

the commanding officer of the fire department of a city, village,

township, or county, or the fire fighter in uniform acting under

the orders and direction of the commanding officer upon finding an

emergency condition dangerous to persons or property, may take all

necessary steps and prescribe all necessary restrictions and

requirements to protect persons and property until the dangerous

condition is abated.

     (2) The Subject to section 7d, the state fire marshal, the

commanding officer of the fire department of a city, village,

township, or county, or a fire fighter in uniform acting under the

orders and directions of the commanding officer, responding to a

fire or emergency call, who, upon arriving at the scene of a fire

or emergency, finds a condition dangerous to persons or property,

may take all necessary steps and requirements to protect persons

and property until the dangerous condition is abated.

     (3) The state fire marshal or the commanding officer of the

fire department of a city, village, township, or county, or a fire

fighter in uniform acting under the orders and direction of the

commanding officer may investigate causes and effects related to

dangerous conditions.

     Sec. 7d. (1) If the environmental concerns based on the

department of natural resources fire division criteria are elevated

to extreme fire conditions or if the environmental concerns based

on the department of natural resources fire division criteria are

elevated to very high for 72 consecutive hours, the commanding

officer of the fire department of a city, village, township, or

county, in consultation with the department of natural resources,

has the authority to enforce a no burning restriction that includes

a ban on the ignition, discharge, and use of consumer fireworks

within a city, village, township, or county. If a no burning

restriction is instituted under this subsection, the commanding

officer of the fire department enforcing the restriction shall

ensure that adequate notice of the restriction is provided to the

public.

     (2) The governor, department of natural resources, or state

fire marshal may enforce a statewide no burning restriction,

including a ban on the ignition, discharge, and use of fireworks as

provided under subsection (1).

     (3) Not more than 24 hours after the fire condition is

downgraded from extreme or very high fire condition, the commanding

officer of the fire department of a city, village, township, or

county that enforced a no burning restriction under subsection (1)

that included a ban on the ignition, discharge, and use of consumer

fireworks shall lift the restriction and inform the public that the

restriction has been lifted in the same manner that the restriction

was announced or made known to the public.

     (4) As used in this section, "consumer fireworks" means that

term as defined in section 2 of the Michigan fireworks safety act,

2011 PA 256, MCL 28.452.