Is it legal to buy fireworks in New York state? What you need to know

Madison Scott, Rochester Democrat and Chronicle
·2 min read
Jerry Stahl, center under the fireworks, co-chairman of the Wegmans LPGA Championship, watches the fireworks on 18 during the final round of the Wegmans LPGA Championship
Jerry Stahl, center under the fireworks, co-chairman of the Wegmans LPGA Championship, watches the fireworks on 18 during the final round of the Wegmans LPGA Championship

Next week, the sky will be filled with the sounds, lights and vibrant colors of fireworks to celebrate the Fourth of July.

While the excitement of joining the festivities is tempting, in New York State, consumers are limited to purchasing specific fireworks or sparkling devices for personal use.

Every year, thousands of people suffer burns and other injuries from fireworks, especially around the Fourth of July, according to the New York State Office of Fire Prevention and Control. To ensure a safe holiday, here are New York State's firework laws to remember before celebrating Independence Day.

New York state fireworks and sparkling devices law

According to the NY Division of Homeland Security and Emergency Services, New York State law permits the sale and use of a specific category of consumer fireworks known as sparking devices. These devices are either ground-based or handheld, producing colored sparks and flames, crackling or whistling noises, and smoke.

To comply with New York State law, these devices must range in size from 1 to 500 grams of pyrotechnic composition and be handheld or mounted on a base or spike.

While sparking devices are legal in New York State, some counties have enacted local laws prohibiting their sale and use. According to the Office of Fire Prevention and Control, these counties include:

  • Albany

  • Bronx

  • Columbia

  • Kings

  • Nassau

  • New York

  • Orange (though only prohibited in the cities of Middletown and Newburgh)

  • Queens

  • Richmond

  • Schenectady

  • Suffolk

  • Warren

  • Westchester

Firecrackers, bottle rockets, Roman candles, spinners, aerial devices, and all other types of consumer fireworks remain illegal statewide.

Important dates for fireworks consumers and sellers

The sale of Sparkling Devices is legal in Monroe County, but only during specific periods. Before running out to your nearest fireworks store, here are some important dates to keep in mind:

  • Sales by certified permanent and specialty retailers can only occur from June 1 to July 5 and Dec. 26 to Jan. 2.

  • Sales by certified temporary stands or tents can only occur from June 20 to July 5 and from Dec. 26 to Jan. 2.

Selling sparkling devices in NY

The Office of Fire Prevention and Control requires all sellers, wholesalers, manufacturers, and distributors of Sparkling Devices looking to do business in New York to apply for certification, pay an annual fee, and be subject to other rules and conditions.

To learn more about the OFPC certification process and which documents you must fill out, visit www.dhses.ny.gov/sparkling-devices-information.

— Madison Scott is a journalist with the Democrat and Chronicle who edited our Weld Street Project and also did reporting for it. She has an interest in how the system helps or doesn't help families with missing loved ones. She can be reached at MDScott@gannett.com.

This article originally appeared on Rochester Democrat and Chronicle: Is it legal to buy fireworks in New York state? What you need to know