Berkeley, CA Fire Regulations: Fireworks (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.
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?
Can anyone legally use fireworks in Berkeley?
What happens if someone is caught with illegal fireworks in Berkeley?
Sources & Official References
Other rules in Berkeley
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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Fireworks in Nearby Cities
How other cities in Alameda County handle fireworks.