How to legally use ‘sparking devices’ in New York on July 4th

STATEN ISLAND, NEW YORK – As New Yorkers prepare to celebrate the Fourth of July, the state’s top official is reminding residents that one of the most popular party favors may not be illegal in their area.

Gov. Kathy Hochul on Friday reminded residents that possessing or using sparking devices, often called sparklers, is illegal in cities with more than 1 million people and in parts of the state where they are prohibited by local law.

This includes New York and the following counties; Albany, Bronx, Columbia, Erie, Kings, Nassau, New York, Orange (only prohibited in the cities of Middletown and Newburgh), Queens, Richmond, Schenectady, Suffolk, Warren and Westchester.

This means that Staten Islanders and anyone else living in the aforementioned counties will have to travel to other parts of the state to legally use fireworks.

“As we celebrate the Fourth of July with family and friends, it is important for everyone to take appropriate precautions to keep each other safe,” Hochul said. “New Yorkers should be cautious when using legal effervescent devices and enjoy this special day.”

State law also sets restrictions on when and where sparklers can be sold.

The sale of effervescent devices through certified permanent and specialist shops may only take place from 1 June to 5 July, while the sale of effervescent devices through certified temporary stands or tents may only take place from 20 June to 5 July.

A list of all certified fireworks retailers in the state can be found here.

All other fireworks, including firecrackers, bottle rockets, Roman candles, spinners and aerial devices, are illegal statewide.

Each year, thousands of people across the country are injured in fireworks-related accidents, with the U.S. Consumer Product Safety Commission reporting a 25% increase over the past six years, with nearly half of those injuries affecting people 23 and younger.

In New York City, emergency departments reported 173 visits related to fireworks injuries in 2022, the most recent year for which data is available. More than 72% of these injuries were reported between June 18 and July 18, with 25% of injuries during this period involving minors.

According to the state, the most common causes of fireworks-related injuries are:

• A firecracker with a fuse quickly explodes before it can be thrown.
• A misdirected rocket hits a passer-by.
• A curious boy decides to investigate why the firecracker “didn’t” explode.

In addition to personal injury and injury to others, illegal use of fireworks can cause serious property damage. According to the National Fire Protection Association, fireworks cause nearly 20,000 fires each year in the United States.

“No one wants to spend the holidays in the emergency room or with a visit from the fire department due to injuries or fires caused by fireworks. “It’s easy to avoid the dangers of fireworks during the Fourth of July holiday and that’s to leave them to the professionals,” said Homeland Security and Emergency Services Commissioner Jackie Bray.

For those who plan to use fireworks to celebrate the holiday, even though it is illegal, the state has shared the following safety tips.

• Children and sparklers are a dangerous combination. Never allow young children to play with or light fireworks, including fireworks. Sparklers burn at about 2,000 degrees Fahrenheit. It is hot enough to melt some metals.
• Never throw or point fireworks at people, animals, vehicles, structures or flammable materials. Always follow the instructions on the packaging.
• Keep a supply of water nearby just in case.
• Make sure the person setting off fireworks always wears safety glasses.
• Only light one firework at a time, and never attempt to re-light a dud.
• Always use fireworks outdoors. Never light fireworks or sparklers inside.
• Store fireworks in a cool, dry place out of reach of children and pets.
• If you are under the influence of alcohol, do not use fireworks.

“The holidays are a time for fun and spending time with loved ones, and we want everyone to do it safely. While the Fourth of July fireworks are fun and beautiful to watch, I encourage New Yorkers to enjoy their local fireworks displays put on by professionals and not put themselves or anyone else at risk by illegally using fireworks for personal use,” said state Health Commissioner Dr. James McDonald.