Homeland Security and Emergency Services

Sparkling Devices Information

A recent change in New York State Penal Law now allows for the sale and use of a specific category of consumer fireworks known as Sparkling Devices.

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. The law limits the type, size and construction of Sparkling Devices and requires that these devices must be hand held or mounted on a base or spike and be limited in sizes that range from 1 to 500 grams of pyrotechnic composition.

Sale and use of Sparkling Devices will be legal only in counties and cities that have enacted a local law pursuant to section 405.00 of the Penal Law of NY.

Click below to see the applicable sections of the Penal Law:
Read Section 270.00 of the Penal Law

Read Section 405.00 of the Penal Law

Click below to see the applicable section of the NY State 2016 Uniform Code Supplement Chapter 7 Section 17 (Explosives and Fireworks):
2016 Uniform Code Supplement

Title 9 of the Official Compilation of New York Codes, Rules, and Regulation is amended by adding a new Part 225 titled Sparkling Devices.
Click below to see the full text of the rule:
Part 225

Click below to see information on counties and cities where sparkling devices can be legally purchased and used.
https://troopers.ny.gov/Crime_Prevention/Fireworks_Safety/

All sellers, wholesalers, manufacturers and distributors of Sparkling Devices who wish to do business in New York State or otherwise sell, ship, or assign for sale its products into New York State are required to apply for a certification with the Office of Fire Prevention and Control, pay an annual fee and be subject to other rules and conditions. OFPC has developed a certification process that is outlined in the documents below.

Forms and Documents:

Application for Sparkling Devices Certification - Registration Form for a certificate for the: Retail Sale, Distribution, Wholesale or Manufacture of Sparkling Devices.

Instructions for Applying for Sparkling Devices Certification - Guidance on how to complete the registration forms.

Sparkling Devices Application Checklist - To ensure timely processing of your application, this checklist will help ensure necessary items are met and/or included with your application.

Notice of Sparkler Fire and Explosion - Pursuant to Title 9 NYCRR Part 225, every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and temporary seasonal retailer shall report to the Office of Fire Prevention and Control basic information relating to all fires or explosions, including any accidental discharge of sparkling devices that occur on premises. This report shall be submitted within 24 hours of the occurrence or discovery of the fire or explosion.

Sparkler Safety Information - Flyer with safety tips and facts, as well as links to helpful sites.

Sparkling Devices Code Enforcement FAQs - Common questions and answers for local codes enforcement officials.

List of Registered Sparkling Device Vendors as of of 6/20/17

 

Important Notes:

Sales of Sparkling Devices by certified permanent and specialty retailers can only occur from June 1 to July 5 and December 26 to January 1.

Sales of Sparkling Devices by certified temporary stands or tents can only occur from June 20 to July 5 and December 26 to January 1.

All other types of consumer fireworks, including firecrackers, bottle rockets, roman candles, spinners and aerial devices, remain illegal statewide.

Additionally, all consumer fireworks, including Sparkling Devices, remain fully prohibited in the City of New York.

Download pdf