Port Orange, FL Fire Regulations: Fireworks (2026)
Key Facts
- Retailer permit fee
- $100/year, first location
- Seasonal retailer fee
- $300/year, first location
- Public display permit fee
- $100
- Seasonal sale windows
- 6/20-7/5 and 12/10-1/2
- Maximum penalty
- 1 year jail, $500 fine per day
- Sparkler spark-compound limit
- 100 grams maximum
Summary
Port Orange requires a fire department permit before anyone can sell sparklers or fireworks, stage a public fireworks display, or use fireworks within city limits, and selling without one is a first-degree misdemeanor. Retailers pay $100.00 a year, seasonal sparkler sellers pay $300.00, and violators face up to a year in jail and a $500.00 fine per day.
Except as provided in F.S. § 791.02, 791.04, or 791.07, it shall be unlawful for any person, firm, partnership, corporation or other entity to offer for sale, expose for sale, sell at retail, use or explode any entity to offer for sale, expose for sale, sell at retail, use or explode any fireworks within the city, without a permit from the fire department. ... Any person, firm, partnership, corporation or other entity who ... violates any provision of this section shall be guilty of a misdemeanor of the first degree, punishable by a term of imprisonment not to exceed one year and a fine of $500.00. Each day any violation of any provision of this section shall continue to constitute a separate offense.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 43 | Land Development Code: Supplement 38).
Full Breakdown
City Code § 30-28 regulates the sale, display and use of fireworks and sparklers in Port Orange, Florida. Subsection (a) defines 'fireworks' broadly to include any combustible or explosive composition or device meant to produce a visible or audible effect, such as firecrackers, torpedoes, skyrockets and roman candles, while excluding items listed in Fla. 01(4)(b) or (c); a 'sparkler' is a hand-held or ground-based device with no more than 100 grams of spark-producing compound that cannot detonate, explode or propel itself. Subsection (b) requires every manufacturer, distributor, wholesaler, retailer and seasonal retailer of sparklers to get an annual permit from the fire department before selling in the city, and makes it unlawful to sell sparklers without one.
00 for each additional seasonal location. Subsection (f) separately bars selling, exposing for sale, using or exploding actual fireworks (as opposed to sparklers) anywhere in the city without a fire department permit, requires the buyer to show proof of registration with the state fire marshal under Fla. 015, and requires the seller to keep a permanent on-site record of every buyer's name, address and ID copy. 00 permit, backed by proof of insurance, a list of fireworks to be used, a site plan showing setbacks under NFPA 1123, and qualifications of the person controlling the display. Subsection (h) lets any police officer seize fireworks, sparklers or combustibles held, offered or sold in violation of the section, at the owner's expense.
Violations & Fines
Subsection (i)(1) makes violating § 30-28 a first-degree misdemeanor, punishable by up to one year in jail and a $500.00 fine, with each day of continued violation a separate offense. The city can also sue in Volusia County Circuit Court for an injunction against continued violations and recover its attorney's fees and enforcement costs under § 30-28(i)(2), on top of the police department's authority to seize illegal stock under § 30-28(h).
Frequently Asked Questions
Do I need a permit to sell sparklers in Port Orange?
Can I set off fireworks, not just sparklers, in Port Orange?
What does a public fireworks display permit require?
What happens if I sell fireworks illegally in Port Orange?
Sources & Official References
Other rules in Port Orange
How Port Orange compares: Cities Where Fireworks Are Banned or Heavily Restricted·Florida rules heatmap·Compare Port Orange to another location·View the Florida fire regulations overview
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Fireworks in Nearby Cities
How other cities in Volusia County handle fireworks.