Sparkling Devices Information
New York State Law 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 is legal in counties and cities that have NOT enacted a local law pursuant to section 405.00 of the Penal Law of NY.
The Office of Fire Prevention and Control has been notified that the following counties have prohibited the sale and use of Sparkling Devices: Albany, Bronx, Columbia, Kings, Nassau, New York, Orange (prohibited in the Cities of Middletown and Newburgh only), Queens, Richmond, Schenectady, Suffolk, and Westchester.
Click below to see the free version of the 2020 New York State Uniform Code. (Fire Code Chapter 56, Section 5610 applies to Sparkling Devices):
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:
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 (Rev. 4/5/2019).
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.
List of Registered Sparkling Device Vendors as of of 6/29/20
Sales of Sparkling Devices by certified permanent and specialty retailers can only occur from June 1 to July 5 and December 26 to January 2.
Sales of Sparkling Devices by certified temporary stands or tents can only occur from June 20 to July 5 and December 26 to January 2.
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.