All consumer fireworks are illegal in New York City, including sparkling devices that are legal in much of New York State. NYC Fire Code Section FC 5601.3.2 makes it unlawful to manufacture, sell, store, handle, use, or possess fireworks in NYC except for permitted public displays. New York Penal Law §270.00 separately criminalizes unlawfully dealing with fireworks. Only fireworks contractors holding an FDNY E-20 Certificate of Fitness may conduct displays, and only with FDNY permits.
While New York State legalized 'sparkling devices' (ground-based, non-aerial sparklers) in much of the state in 2014, New York City opted out and continues to prohibit all consumer fireworks. NYC Fire Code §FC 5601.3.2 (codified within Title 29 of the Administrative Code) makes it unlawful to: (1) manufacture fireworks; (2) sell, offer, or display fireworks for sale; (3) store, handle, use, or possess fireworks for any purpose other than an FDNY-approved display; (4) store fireworks except temporary storage incidental to an approved display; (5) conduct a fireworks display indoors; or (6) manually discharge a display without an electrical control panel. New York Penal Law §270.00 (Unlawfully dealing with fireworks and dangerous fireworks) creates parallel state criminal liability: possession of less than $50 of fireworks is a violation, sale to others is a Class B misdemeanor, and sale of dangerous fireworks to a minor is a Class A misdemeanor. Only contractors registered with FDNY and holding an E-20 Certificate of Fitness may conduct fireworks displays, with FDNY-issued permits and required liability insurance of at least $2,000,000 for displays. NYC residents are directed to call 311 to report past or chronic fireworks use and 911 for in-progress incidents or large illegal stockpiles.
Possession of small quantities of fireworks is a violation under NY Penal Law §270.00, punishable by up to 15 days in jail and/or a fine. Selling fireworks is a Class B misdemeanor punishable by up to 90 days in jail. Selling dangerous fireworks to a minor is a Class A misdemeanor punishable by up to one year in jail. NYC Fire Code violations of §FC 5601.3.2 carry separate civil penalties enforced by FDNY, and violations within NYC may be prosecuted under both the Fire Code and the Penal Law.
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