Fireworks Dealer Sues Michigan City Over Sky Lanterns
A pyrotechnic retailer is suing a Michigan community over a fire marshal’s enforcement of a local ordinance prohibiting the sale and use of sky lanterns.
Black Diamond Fireworks has filed suit against the City of Sterling Heights claiming that an ordinance prohibiting sky lanterns is illegal. The company’s attorney, Steve Kaplan, was quoted as saying “only the Legislature can determine which fireworks are legal or illegal.”
Sky lanterns, also known as Chinese Lanterns, function like small balloons but are made of paper. The are propelled upward by heat from a small candle or a fuel cell. Esthetically, sky lanterns glow as they rise into the sky. From a fire safety perspective, sky lanterns have been associated with numerous structure and wildland fires. They are little more than floating fires waiting to land on additional fuel. For that reason sky lanterns have been outlawed in many countries.
On June 14, 2016, a city inspection found sky lanterns for sale at Black Diamond Fireworks, and the fire marshal ordered their removal by the next day. The citation cautioned “Failure to comply will result in civil infraction ticket and confiscation of prohibited lanterns.”
Black Diamond complied, but filed suit last week in Macomb County Circuit Court challenging the citation and the ordinance. The suit does not seek monetary damages, but rather seeks a declaratory judgment that the sky lanterns are “fireworks” under the Michigan Fireworks Safety Act, and can only be regulated by the state.
The purpose of regulating the sale of fireworks is to reduce the possible damage that may be caused by a resulting fire.
In California, fireworks come under enforcement in several different State codes, ranging from The Uniform Fire Code, Cal Fire and its related Office of the State Fire Marshal’s Office, Public Resources Code and Health and Safety Code.
And further, by locally adopted fireworks ordinances.
How they are regulated in Michigan is a different story, but it seems that the local ordinance should prevail.
After all, who will be responsible and assume liability for the damage cause by a Black Diamond Fireworks Company manufactured, Chinese lantern, if it causes a residential or wild land fire?
The “BD” company, the person who sold the lantern or the person who bought it?
There are a lot of costs involved here if a fire starts from this product.
Mike… I am not sure how a paper bag attached to a candle qualifies as fireworks/pyrotechnics… it is a fire hazard for sure, but beyond the fact that the guy selling the sky lantern is a pyrotechnics distributor, I do not see any connection… Is luminaria a pyrotechnic???
I am willing to bet there is a statute that gives city and county governments to establish laws and ordinances, in the interest of public safety.