Santa Clara County, CA Fire Regulations: Fireworks (2026)
Key Facts
- Ban scope
- All fireworks, including safe and sane
- Permit available for
- Licensed public displays only
- 1st citation fine
- $350
- 3rd+ citation fine
- $1,000 each
- Misdemeanor exposure
- Up to $1,000 and 6 months jail
Summary
All fireworks, including 'safe and sane' types, are banned in unincorporated Santa Clara County; only Fire Marshal-permitted public displays run by licensed operators are allowed.
The sale, use, possession or discharge of any fireworks or pyrotechnic devices, including but not limited to "safe and sane" fireworks, anywhere within the unincorporated area of the County of Santa Clara is prohibited unless otherwise allowed by this article.
(Ord. No. NS-300.734, § 1, 10-5-04)
Sec. A33-62. - Permits. The Fire Marshal may issue a permit for the use or discharge of fireworks and pyrotechnic devices only where the persons in charge of the display have obtained a license from the State Fire Marshal for a public display or special effects. The application, investigation and decision process shall be as follows:
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Sec. A33-61 prohibits the sale, use, possession or discharge of any fireworks or pyrotechnic device, including 'safe and sane' fireworks, anywhere in the unincorporated area of Santa Clara County unless otherwise allowed by Article 2. Sec. A33-62 lets the Fire Marshal issue a permit only for a public display or special effects conducted by a person holding a State Fire Marshal license: there is no personal or backyard-use exception. Discharging or storing fireworks without a permit is a public nuisance under Sec. A1-33 and a violation of Sec. A33-62.5. The ban covers only the unincorporated county; some of the fifteen cities in the county allow limited 'safe and sane' sales and use under their own codes.
Violations & Fines
First administrative citation is $350, second $700, third and later citations $1,000 each, plus liability for response costs; a discharge causing serious injury or over $1,000 in damage is a misdemeanor with up to $1,000 and 6 months in jail under Sec. A33-62.5.
Frequently Asked Questions
Can I set off 'safe and sane' fireworks at home in unincorporated Santa Clara County?
Does this ban apply in San Jose or Sunnyvale?
Sources & Official References
Other rules in Santa Clara County
How Santa Clara County compares: Cities Where Fireworks Are Banned or Heavily Restricted·California rules heatmap·Compare Santa Clara County to another location·View the California fire regulations overview
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