Fireworks Use in the Tri-State Area: What Are the Laws?

The celebration of the Independence Day of the United States on July 4 is characterized by fireworks displays in which friends and family gather to celebrate the date.

However, during this holiday weekend, many decide to use fireworks, which without proper precautions can be dangerous. Also, each state has its own laws and it is important to know them before using them.

A new report from the US Consumer Product Safety Commission., (CPSC), finds a significant upward trend in fireworks-related injuries. Between 2006 and 2021, fireworks injuries increased 25% nationwide, according to CPSC estimates.

According to the CPSC 73% of fireworks injuries occurred in the weeks before or after July 4 in 2022. The areas with the most burns were: 16% eyes, 19% head, face and ears, 29% fingers and hands, and 12% on the torso and other parts. In 2022 there were 11 deaths.

Here we tell you what are the rules related to the use of fireworks in the tri-state area and which are legal and illegal.

Ricardo Villarini brings the report.

NEW JERSEY

In New Jersey, it is illegal to sell, possess, or use fireworks, other than certain sparking devices and novelties, without a valid permit.

These are the rules under the New Jersey Explosives and Fireworks Law (N.J.S.A. 21:2-1 et seq., modified by PL2017, C.92):

• It is illegal to sell, offer for sale, possess, or use fireworks anywhere in the state without a valid permit..
• However, recent changes to the law now allow persons 16 years of age or older to legally purchase, possess and use certain spark devices or those made for the public. These permitted fireworks are limited to the well-known portable or ground flares, snakes, and fireflies; smoke devices; and noisemaker tricks, including party poppers, snappers and drop pops. The sale, possession and use of all other fireworks requires a valid permit.
• The valid permit must be issued by any municipality after upon receipt of a written request and the deposit of a bond, for the fireworks display, by municipalities, religious groups, fraternal or civic organizations, fair associations, amusement parks, or other organizations or groups of individuals approved by the municipality.
• The heads of the Police and Fire Departments must approve the permit.
• An identification number and the specific type of fireworks to be used must be indicated on the permit: The permits will name a person who will be authorized to purchase, or otherwise order, and take delivery of any fireworks.
• A person is guilty of a crime of the fourth degree if sells, offers or displays for sale, or possesses with intent to sell, any fireworks, other than sparking devices and novelties for persons 16 years of age or older.
• A person is guilty of a minor disorderly conduct if he or she purchases, uses, discharges, causes to be discharged, ignited, fired, or otherwise put into action, or possesses fireworks without having the required permit.

Any business that advertises, offers to sell, or sells fireworks to New Jersey residents is required to clearly disclose that fireworks, with the exception of those that are legal such as foaming devices and novelties, are illegal to possess or use in New Jersey without a valid permit. Failure to do so would be a violation of the New Jersey Consumer Fraud Law and its regulations.

WHAT ARE LEGAL FIREWORKS IN NEW JERSEY

As we stated earlier, recent changes to the law now allow persons 16 years of age or older to legally purchase, possess, and use certain spark devices or those made for the public. To see the list go here.

Here we have the images of those who are legal for over 16 in New Jersey:

To report illegal fireworks you can call the New Jersey Division of Consumer Affairs at 1-800-242-5846.

To see the legislation enter here.

More information here.

NEW YORK

New York State law permits the sale and use ONLY of a specific category of consumer fireworks known as Sparkling Devices o Sparking Devices.

Sparking Devices are ground-based or portable devices that produce a shower of colored sparks and/or colored flames, audible crackling or hissing noises, and smoke. The law limits the type, size, and construction of sparking devices and requires that these devices be handheld or mounted on a base or spike and are limited in sizes ranging from 1 to 500 grams of pyrotechnic composition.

The sale and use of sparking devices is legal in counties and cities that have NOT enacted a local law pursuant to section 405.00 of the New York Penal Law.

The Office of Fire Prevention and Control has been notified that the following counties have prohibited the sale and use of sparking devices: Albany, Bronx, Columbia, Kings, Nassau, New York, Orange (prohibited only in the cities of Middletown and Newburgh), Queens, Richmond, Schenectady, Suffolk, and Westchester.

For more information here.

Fireworks in New York City are illegal and New Yorkers can call 3-1-1 to report the illegal use, sale or distribution of fireworks.

CONNECTICUT

Fireworks are not permitted by Connecticut law for use by non-professional and unlicensed users.

Sparklers and fountains, which are not technically considered fireworks, may be sold, but may not legally be sold to or used by persons under the age of 16.

The Department of Emergency Services and Public Protection licenses fireworks displays, special effects, fireworks and special effects shooters, and fireworks distributors and manufacturers.

For fireworks use complaints in Connecticut you should contact your local Police Department or e.g.l Department of Emergency Services and Public Protection. Phone: (860) 685-8460.

For more information on the use of fireworks in Connecticut go here.

BE CAREFUL WITH THE USE OF FIREWORKS THAT ARE ALLOWED FOR THE PUBLIC

The NJDFS provides the following guidelines for those purchasing ground-use sparking and pyrotechnic devices (which are mostly permitted):

• Never use illegal fireworks.
• Buy only legal use sparking devices from reputable retailers.
• Do not buy them if the packaging is damaged or tampered with.
• Never use them in indoor areas.
• Always follow the manufacturer’s instructions.
• Never allow young children to play with or light fireworks; They should only be used by older children under close adult supervision.
• Never use fireworks if you have used drugs or alcohol.
• Anyone using or near fireworks should wear protective eyewear.
• Never hold lit fireworks in your hands.
• Use only away from people, homes, and flammable materials.
• Never direct or launch fireworks at another person.
• Light only one sparking device at a time and keep a safe distance from it.
• Never light sparking devices inside a box.
• Do not attempt to relight or handle bad or “failed” fireworks.
• Completely soak used and “failed” fireworks in a bucket of water and leave them there overnight.
• Keep a bucket of water or garden hose nearby to completely extinguish fireworks that tend to stay lit or in the event of a fire.
• Double-wrap soaked devices in polyethylene, or place them in a plastic bag, to prevent them from drying out.
• Put those plastic bags in your regular household trash.

For other tips visit the US Consumer Product Safety Commission. here.