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Irvington, NJ Fire Regulations: Fireworks (2026)

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

Key Facts

Governing section
§ 439-36E, Fireworks
Permit-free items
Sparklers, snakes, glow worms, smoke devices
Minimum age
16 years old
Curfew
No use 9 p.m. to 9 a.m.
Buffer distance
150 feet from occupied structure
4th-offense fine
$1,000
Under-18 penalty
3+ days community service

Summary

Township Code Section 439-36E bans most fireworks outright but allows handheld sparklers, snakes, glow worms, smoke devices and trick noisemakers for anyone 16 or older, never between 9 p.m. and 9 a.m. or within 150 feet of an occupied structure.

Prohibition. ... It shall be prohibited within the Township of Irvington to possess, sell, distribute, discharge, or set off, or otherwise cause to explode, discharge, or burn any firecrackers, torpedo rockets, roman candles, carbide cannon, dynamite cap, rocket, or other fireworks or explosives within the Township of Irvington and in accordance with N.J.S.A. 21:3-2 et seq. ... Permissible fireworks are limited to handheld or ground-based sparklers, snakes, and glow worms; smoke devices; and trick noisemakers, including party poppers, snappers, and drop pops. The sale, possession and use of all other fireworks requires a valid permit. ... To use permissible fireworks a person must be 16 years of age or older. ... (a) Between the hours of 9:00 p.m. and 9:00 a.m. ... (f) Within 150 feet of an occupied structure.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).

Full Breakdown

Section 439-36E was rewritten 6-28-2021 by Ordinance No. MC 3769 and sits inside Chapter 439's Article II, Public Health Nuisances, alongside the Township's indecent-exposure and public-urination rules; fireworks are treated as a nuisance offense rather than a fire-code matter. A. 21:3-2 et seq. Subsection (2) carves out a narrow list of permissible items that need no permit: handheld or ground-based sparklers, snakes and glow worms, smoke devices, and trick noisemakers such as party poppers, snappers and drop pops; anything else, including consumer-grade aerial fireworks, requires a valid permit before sale, possession or use.

, no use on public or private property without the owner's express permission, no use in or from a motor vehicle or building, no aiming at a vehicle, building or person, no use while under the influence of alcohol or drugs, and no use within 150 feet of an 'occupied structure,' defined broadly to include any structure, vehicle or place adapted for overnight accommodation or business use whether or not anyone is actually present at the time.

Violations & Fines

Section 439-36(4) sets its own penalty separate from the chapter's general fine: $50 for a first offense, $250 for a second, $500 for a third, and up to $1,000 for a fourth or subsequent offense. Anyone under 18 found in violation also faces a mandatory minimum three days of community service.

Frequently Asked Questions

Can I set off sparklers in Irvington?
Yes, if you are 16 or older. Section 439-36E(2) permits handheld or ground-based sparklers, snakes, glow worms, smoke devices and trick noisemakers without a permit, but subsection (3) still bars using them between 9:00 p.m. and 9:00 a.m., within 150 feet of an occupied structure, or without the property owner's permission.
Are aerial fireworks or firecrackers legal here?
No. Section 439-36E(1) prohibits possessing, selling, discharging or burning firecrackers, rockets, roman candles and similar fireworks or explosives anywhere in the Township, matching the state ban at N.J.S.A. 21:3-2 et seq.; anything beyond the short permissible list requires a valid permit before use.
What's the penalty for a fireworks violation?
The fine climbs with each offense: $50 for a first violation, $250 for a second, $500 for a third, and up to $1,000 for a fourth or later violation. A violator under 18 also faces at least three days of court-ordered community service.
Can I use sparklers on a neighbor's lawn?
Not without permission. Subsection (3)(b) of Section 439-36E bars using permissible fireworks, sparklers included, on public or private property without the express permission of the property owner, a rule that applies at any hour, not only during the 9 p.m. to 9 a.m. curfew.

Sources & Official References

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