What fireworks are allowed in New York?
In New York, only fireworks known as ‘sparkling devices’ are allowed for sale and use, according to the state Division of Homeland Security and Emergency Services. However, there’s a caveat: local law can prohibit such sale and uses — and Westchester County is one of them.
Sparkling devices “are ground-based or handheld devices that produce a shower of colored sparks and or a colored flame, audible crackling or whistling noise and smoke,” according to the state Homeland Security. If ground based, they must be mounted on a base or spike. Regardless, sparkling devices must have no more than 500 grams of pyrotechnic composition.
Illegal fireworks use in New York
All other fireworks are illegal in New York, according to the state Division of Homeland Security and Emergency Services. That includes firecrackers, bottle rockets, Roman candles, spinners and aerial devices.
Under New York Penal Code § 270.00, “Unlawfully dealing with fireworks and dangerous fireworks,” possession of fireworks could result in being charged with a violation, the penalty of which is a fine and/or up to 15 days in jail.
Fireworks safety
The New York State Department of Health recommends safer alternatives to fireworks such as glow sticks, colored streamers or confetti poppers. The agency also recommends using earplugs to protect hearing as well as maintaining a safe distance from the fireworks site.
The U.S. Consumer Product Safety Commission reported in 2020 that there were approximately 15,600 fireworks-related injuries that required visiting the emergency room and treatment. Approximately 66 percent of those injuries occurred in a one-month period around the July 4 holiday and of those injuries about 44 percent were burns.
During that same year, the NYS Department of Health said there were 218 residents who went to the emergency room for treatment due to fireworks-related injuries, with 56 percent of those occurring in July.
More than 19,500 reported fires…
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