ROCHESTER, N.Y. (WROC) — The Fourth of July is less than a month away, and we’ll be seeing fireworks in the skies soon! In New York State, consumers are only allowed to purchase specific fireworks and sparkling devices for their own use — assuming that they live in a county or city that allows them.
Let’s start with the obvious — you have to be at least 18 years of age.
Below is a guide on what’s legal and what’s not when it comes to buying and selling fireworks:
Which fireworks are illegal in New York State?
As of now, fireworks such as firecrackers, bottle rockets, Roman candles, spinners, and aerial devices remain illegal across New York State.
The sale and use of sparklers and some novelty devices are legal in counties and cities that have not enacted a law prohibiting these. However, these devices are still illegal in New York City.
For those unaware, sparkling devices are defined as ground-based or handheld devices that produce colored sparks, a colored flame, crackling or whistling noises, and smoke. The devices must be handheld or mounted on a base.
It’s important to note that metal sparklers are illegal in New York State — sparklers must have wooden dowels.
Watch:
Where can I buy and use sparkling devices?
You can buy and use sparkling devices in any county that did not enact a law banning them. As for counties that opted out of allowing sparklers, New York State provided a list of which ones banned the devices:
- Albany.
- Bronx.
- Columbia.
- Kings.
- Nassau.
- New York.
- Queens.
- Richmond.
- Schenectady.
- Suffolk.
- Westchester.
Additionally, the cities of Middletown and Newburgh in Orange County are the only cities in that area to prohibit sparkling devices.
Who can sell sparkling devices?
People and businesses who are looking to sell sparkling devices in New York must apply for certification through the Office of Fire Prevention and Control.
Certified retailers may only be allowed to sell sparkling devices between June 1 to July 5 and December 26 to January 2.
For those who set up tents or stands to sell their fireworks, they may only sell them from June 20 to July 5 and December 26 through January 2.
Where can I find a retailer certified to sell sparkling devices?
The New York State Division of Homeland Security and Emergency Services has a full list of temporary and permanent retailers, manufacturers, wholesalers, and distributors on their website.
The updated 2024 list of registered sparkling device vendors can be found below:
How do I get certified to sell sparkling devices?
As mentioned above, you must apply for certification. Applications are available through the Division of Homeland Security and Emergency Services’ website.
Before applying, you must ensure that you live in an area that allows sparkling devices. In addition to the application, depending on your business, you may have to pay a fee to the Office of Fire Prevention and Control.
Below is an outline of the application’s fees:
- Manufacturer, distributor, or wholesaler — $5,000.
- Specialty retailer — $2,500 per location.
- Permanent retailer — $200 per location.
- Temporary seasonal retailer — $250 per location.
Whether you buy or sell sparklers, it’s important to know how to safely store and use the devices. The State Division of Homeland Security and Emergency Services has a safety guide available online.
