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 applicable sections of the Penal Law:
Read Section 270.00 of the Penal Law
Read Section 405.00 of the Penal Law
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:
Read Part 225
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.
Forms and Documents
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.
Application for Sparkling Devices Certification
Registration Form for a certificate for the: Retail Sale, Distribution, Wholesale or Manufacture of Sparkling Devices (Rev. 6/22/2022)
Instructions for Applying for Sparkling Devices Certification
Guidance on how to complete the Sparkling Devices certification 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.
Sparkler Safety Information
Flyer with safety tips and facts, as well as links to helpful sites. Also available in: Español
Sparkling Devices Code Enforcement FAQs
Common questions and answers for local codes enforcement officials. Also available in: Español
List of Registered Sparkling Device Vendors