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Berkeley, CA Fire Regulations: Fireworks (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
BMC 19.48.100, CFC Section 5601.1.3
Scope of ban
Possession, manufacture, storage, sale, handling, use
Safe and Sane fireworks
Banned, despite statewide legal status elsewhere
Permitted exceptions
Licensed storage, manufacturing/testing, film pyrotechnics only
Enforcement
Fire Chief arrest/citation authority, Penal Code 853.6

Summary

Berkeley bans the possession, manufacture, storage, sale, handling, and use of all fireworks, including State Fire Marshal-approved 'Safe and Sane' fireworks, anywhere in the city. Narrow exceptions exist only for licensed storage and handling, licensed manufacturing and testing, and professional pyrotechnics used in film, television, or stage productions under a fire department permit.

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks, including fireworks which are classified as Safe and Sane fireworks by the California State Fire Marshal's Office, are prohibited within the City of Berkeley. Exceptions:

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

3. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11 when stored, transported, handled and used under the required fire department permit(s) and in accordance will all applicable requirements of Chapter 56.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

3, which flatly prohibits fireworks within the City of Berkeley: possession, manufacture, storage, sale, handling, and use are all barred, and the ban explicitly reaches 'Safe and Sane' fireworks that the California State Fire Marshal's Office otherwise classifies as legal for retail sale elsewhere in the state. This makes Berkeley stricter than jurisdictions that allow Safe and Sane sales under state law, since Berkeley bans that category outright. The ordinance carves out three narrow exceptions rather than a general permit path: storage and handling of fireworks already authorized under CFC Section 5604, manufacture, assembly, and testing of fireworks allowed under CFC Section 5605 and Health and Safety Code Division 11, and professional fireworks displays, proximate-audience pyrotechnics, and pyrotechnic special effects for motion pictures, television, or stage and group entertainment productions under Health and Safety Code Division 19, Chapter 6, when the operator holds the required fire department permit and follows every applicable requirement of Chapter 56.

Outside those three carve-outs, an ordinary resident or business cannot legally possess or use any firework, even the least dangerous consumer-grade type sold across much of California around the July 4th holiday. The Berkeley Fire Department enforces the ban as part of the 2025 Fire Code update, effective January 1, 2026.

Violations & Fines

Possessing, selling, or using fireworks outside the three permitted categories violates BMC Section 19.48.100 and the adopted California Fire Code. The Fire Chief or a designee has statutory authority to arrest or cite violators for misdemeanors or infractions under Penal Code Section 853.6, and the fire code official can seize illegal fireworks and order abatement of the resulting fire hazard.

Frequently Asked Questions

Are Safe and Sane fireworks legal in Berkeley?
No. Section 5601.1.3 specifically names 'Safe and Sane' fireworks classified by the California State Fire Marshal's Office and bans them along with every other type. Many California cities allow Safe and Sane sales around July 4th; Berkeley does not permit any retail sale, possession, or use of them.
Can anyone legally use fireworks in Berkeley?
Only under one of three narrow exceptions: authorized storage and handling under CFC Section 5604, licensed manufacture and testing under CFC Section 5605, or a professional pyrotechnics display for film, television, or a stage production with a fire department permit. An individual resident lighting consumer fireworks at home is not covered by any exception.
What happens if someone is caught with illegal fireworks in Berkeley?
The Fire Chief or a designated officer can arrest or issue a citation for a misdemeanor or infraction under Penal Code Section 853.6, and the fire code official is authorized to seize the fireworks and order abatement of any resulting fire hazard under the Fire Code's general nuisance-abatement authority.

Sources & Official References

Other rules in Berkeley

All Berkeley rules

How Berkeley compares: Cities Where Fireworks Are Banned or Heavily Restricted·California rules heatmap·Compare Berkeley to another location·View the California fire regulations overview

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