Can using fireworks violate a noise ordinance in Pennsylvania? See state, local laws

As the Fourth of July approaches, you might feel inclined to set off some fireworks and ring in the United States’ 248th birthday. But are those fireworks legal and safe to use in your area?

Most U.S. states have legalized the purchase and use of fireworks, but some offer more strict laws than others. Even if it is lawful to use fireworks, you may find yourself in trouble for setting them off in a prohibited area or creating too much noise.

Here’s what Pennsylvania’s state and local laws have to say regarding fireworks, noise ordinances and more as Independence Day approaches.

What kinds of fireworks are legal in Pennsylvania?

In 2022, the Keystone State received a new set of rules for the sale and use of consumer-grade fireworks.

Pennsylvania consumers can purchase and use “class C” or “consumer-grade” fireworks, including firecrackers, Roman candles, bottle rockets and other products that contain up to 50 milligrams of explosive materials. Meanwhile, it is illegal to use “display fireworks” that are best left to professionals. These include products that contain more than two grains or 130 milligrams of explosive materials, plus professional-grade aerial shells that contain more than 60 grams of pyrotechnic compositions.

Notably, products like sparklers, toy caps and other novelties are excluded from Pennsylvania’s list of consumer-grade fireworks.

How old do I need to be to buy fireworks in Pennsylvania?

Anyone who is at least 18 years old can purchase, possess and use consumer-graded fireworks in Pennsylvania.

You can purchase consumer-grade fireworks online and through the mail, but they must be delivered to “a licensed, permanent structure,” according to state law.

Can fireworks violate noise ordinances in Pennsylvania?

Yes, but make sure to check your area’s regulations. Most laws governing excessive noise in Pennsylvania operate on the local level.

Here in Centre County, the State College borough, for example, considers it unlawful to produce or cause “unreasonable noise” through musical instruments, audio equipment, shouting, animals, construction and firearms and explosives, including fireworks. Violations are punishable by a minimum first-offense fine of $750 and, upon failure to pay such a fine, a jail term of up to 30 days, according to the borough’s code.

Over in College Township, fireworks are exempt from local noise standards so long as users follow state and local laws. The township’s code offers many rules and regulations surrounding fireworks use, including laws that require permits for professional fireworks displays and allow the use of consumer fireworks for a few additional hours on days surrounding the Fourth of July, Memorial Day and Labor Day.

Patton Township exempts fireworks from its noise ordinances on July 4 and December 31 (and leading into the wee hours of January 1) so long as the fireworks are legal under Pennsylvania law and operated safely and following state and local law. Some of the township’s other rules concerning fireworks include a ban on the use of fireworks in public parks and playgrounds and a requirement for temporary fireworks vendors to sell products at least 300 feet away from gas stations or other fuel sources.

To find fireworks and noise control ordinances covering your neighborhood, consider reaching out to your local police department or searching online to find a digital copy of your municipality’s governing codes and laws.

Where can I use fireworks in Pennsylvania?

Under state law, it is unlawful to ignite or discharge fireworks on public or private property without permission from the property’s owner. It is also illegal to direct fireworks at another person, discharge them from or directed at a building or vehicle or use fireworks while under the influence of alcohol, drugs or any other controlled substance.

Pennsylvania law allows local municipalities to restrict the use of consumer-grade fireworks between 10 p.m. and 10 a.m. However, state law says fireworks may be used until 1 a.m. on July 2, 3 and 4 and Dec. 31. If the Fourth of July falls on a Tuesday, Wednesday or Thursday (as it does in 2024), fireworks may be used until 1 a.m. on the immediately preceding and following Friday and Saturday.

Punishments for fireworks-related crimes in Pennsylvania can widely vary. For example, someone found using consumer fireworks illegally for the first time can receive a summary offense punishable by a fine of up to $500. However, a Pennsylvanian found selling or using display fireworks, including the most explosive and dangerous pyrotechnics, can face a third-degree felony charge that is punishable by a fine of up to $10,000. Felony charges can be filed against those who sell explosives that are illegal at the federal level, including cherry bombs.

Locally, the State College borough prohibits the use of any fireworks within the borough’s borders at any time, with punishments for violations resulting in a fine of at least $25 in addition to any other penalties stemming from unlawful actions under state law. Ferguson Township, for example, prohibits the use of fireworks if the area is placed under a drought watch, drought warning or other emergency declarations.

Fireworks safety in Pennsylvania

According to Pennsylvania’s Office of the State Fire Commissioner, the safest way to avoid fireworks-related accidents is to skip explosives entirely. Roughly 9,700 people were treated in emergency rooms for fireworks-related injuries in 2023, according to the U.S. Consumer Product Safety Commission, and eight people died.

The Office of the State Fire Commissioner offers the following tips for those who hope to safely light fireworks this summer:

• Never place your body over a fireworks device or point an explosive at someone else.

• Back up to a safe distance after lighting a firework. Do not try to relight or pick up a firework that has not ignited.

• Keep a bucket of water or a garden hose nearby. Douse spent devices with water before throwing them away.

• Know your local laws and make sure your devices are legal before buying or using them.

• Never let young children play with or ignite fireworks. Always have an adult supervise.