Firework Safety

A recent change in New York State Penal Law now allows for the sale and use of consumer fireworks known as Sparkling Devices. Sparkling Devices are ground based or handheld devices that produce a shower of colored sparks and or colored flame, audible crackling or whistling noise and smoke. The law limits the type, size and construction of Sparkling Devices.  Any aerial device, percussive device, fire cracker, bottle rocket or Roman candle remains illegal. 

                The sale and use of Sparkling Devices are only legal in counties and cities that have enacted a local law pursuant to section 270.00 of the Penal Law of New York.  If a county opts in, sparkling devices are legal in all municipalities within the county, including cities.  Municipalities may not further restrict the scope or activities allowed by the Penal Law.

                Participating Counties Include: Allegany, Cattaraugus, Chemung, Clinton, Cortland, Dutchess, Essex, Franklin, Fulton, Greene, Herkimer, Lewis, Livingston, Madison, Montgomery, Niagara, Ontario, Orange, Putnam, Rensselaer, Saratoga, Schenectady, Schuyler, Steuben, St. Lawrence, Sullivan, Ulster, Warren, Washington, Wayne and Yates.

                The General Business Law 392-j states that sales of these devices can only occur from June 1st through July 5th and December 26th through January 2nd. Only during these times can the product be sold in the participating counties.  However, this does not prohibit the storage of these devices in retail stores year round. This also does not prohibit the transport of these devices through counties that have not opted in.  Consumers may use the products year around. 

                Retail outlets, distributors and wholesalers must be registered with OFPC pursuant to Executive law 156 part 225.  Retail outlets may be located in a permanent store, a fireworks specialty store or a temporary stand or tent.

                Please distribute this letter to all of the fire departments serving your county. Fire Chiefs and firefighters need to be made aware of the possible hazard this can present during an emergency.

                For more information about Sparkling Devices and safety please visit our website:  www.dhses.ny.gov/ofpc/news/sparklingdevices.cfm . If there are any further questions or clarifications, please contact our office at 518-474-6746.

 
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