Only Class C 'common' consumer fireworks are legal in Alabama, and Birmingham city code separately prohibits discharging firecrackers, skyrockets, roman candles, pinwheels, or other fireworks except under a permit issued through the city's fire prevention code. State law bars igniting fireworks within 600 feet of a church, hospital, school, or enclosed building, or within 200 feet of where fireworks are stored or sold.
Fireworks in Alabama are governed by the Code of Alabama Title 8, Chapter 17, Article 8 (sections 8-17-210 through 8-17-226), administered by the State Fire Marshal. Section 8-17-217 makes it unlawful to possess, sell, or use any pyrotechnics other than items classified as Class C common fireworks by the U.S. Department of Transportation; 'illegal ground salutes' (M-80s and similar devices exceeding the 2-grain limit) are a felony under section 8-17-218. Section 8-17-222 prohibits igniting fireworks within 600 feet of any church, hospital, asylum, public school, or enclosed building, within 200 feet of where fireworks are stored or sold, and prohibits throwing fireworks from or into a motor vehicle or at any person. Critically, section 8-17-226 provides that the state article 'shall in no wise affect the validity of any city ordinance further restricting the sale or use of fireworks.' Birmingham uses that authority: the city code prohibits the use of firecrackers, skyrockets, roman candles, pinwheels, or other fireworks except under a permit issued by the fire marshal pursuant to the city's fire prevention code, and Birmingham City Code section 7-1-8 requires a fire-official permit (applied for at least seven days in advance) for any public demonstration, special event, or exhibit using Class B or Class C explosives or fireworks, open flames, or pyrotechnics.
A violation of the state fireworks article (other than section 8-17-218 illegal explosives) is a Class A misdemeanor punishable by a fine of $100 to $1,000 or 30 days to one year imprisonment, or both. Manufacturing, possessing, or selling illegal 'ground salute' fireworks under section 8-17-218 is a Class C felony ($500 to $5,000 fine and/or one to ten years). Using fireworks in Birmingham without the required city fire-official permit violates Birmingham City Code section 7-1-8.
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