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Portsmouth, VA Fire Regulations: Fireworks (2026)

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

Key Facts

General ban
Manufacture, sale, use, storage (§13-105)
Only exception
Permitted public display, Div. 2
Display bond
Minimum $1,000,000 (§13-117)
Application lead time
30 days advance (§13-116)
Penalty
Class 1 misdemeanor (§13-104)

Summary

Portsmouth bans manufacturing, selling, storing, and using or exploding fireworks anywhere in the city under § 13-105, with the only exception being a permitted public display under Division 2. Violating the fireworks article is a class 1 misdemeanor, and seized fireworks can be destroyed after conviction.

(a)The manufacture of fireworks is prohibited within the city.(b)Except as provided in division 2 of this article, it shall be unlawful for any person to store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks within the city.

View official code

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

Chapter 13's fireworks article defines "fireworks" broadly (§ 13-101) to include firecrackers, sparklers, skyrockets, Roman candles, model rockets, torpedoes and similar combustible or explosive devices, while excluding auto flares and low-powder toy caps. Section 13-105 makes it unlawful to manufacture fireworks anywhere in the city, and separately unlawful to store, offer for sale, sell at retail, use, or explode any fireworks, except as allowed under Division 2's public display permit process. That process (§§ 13-116 through 13-121) lets the chief of the department of fire, rescue and emergency services authorize supervised displays for fair associations, amusement parks, and similar organizations; applicants must apply in writing at least 30 days before the display date, post a bond of not less than $1,000,000 (waived for government agencies), and use a competent, licensed operator.

A resident wholesaler or dealer may still sell fireworks at wholesale, or ship them out of state, under the narrow exemption in § 13-102, provided storage complies with the fire prevention code. Any violation of the article, unless a different penalty is specified, is a class 1 misdemeanor under § 13-104, and § 13-106 requires police to seize fireworks from anyone arrested under the article and hold them until the criminal case concludes, with a court-ordered destruction following conviction.

Violations & Fines

General use, sale, storage or explosion of consumer fireworks without an approved public-display permit is a class 1 misdemeanor under §§ 13-104 and 13-105(b). Officers responding to a violation must seize the fireworks involved and hold them pending the outcome of any criminal case, and a conviction triggers court-ordered destruction of the seized fireworks under § 13-106.

Frequently Asked Questions

Are sparklers legal to use at home in Portsmouth?
No. Section 13-101's definition of "fireworks" specifically includes sparklers, and § 13-105 bans using or exploding any fireworks in the city outside a permitted public display, so home use of sparklers is a class 1 misdemeanor.
How does an organization get a permit for a fireworks show?
Under §§ 13-116 and 13-117, the chief of the fire, rescue and emergency services department can grant a public display permit to fair associations, amusement parks and similar groups. The applicant must apply in writing at least 30 days ahead, post a bond of at least $1,000,000 unless it's a government agency, and use an operator certified competent by the chief.
Can a store sell fireworks at retail in Portsmouth?
No. Retail sale is expressly banned by § 13-105(b). The only sales exemption under § 13-102 covers a resident wholesaler or dealer selling at wholesale or shipping fireworks directly out of state, not retail sales to consumers within the city.
What happens to fireworks police seize during an arrest?
Under § 13-106, an officer arresting someone for a fireworks violation must seize the fireworks and hold them until the criminal case is resolved. If the person is convicted, the court orders the fireworks destroyed once the appeal period expires.

Sources & Official References

Other rules in Portsmouth

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How Portsmouth compares: Cities Where Fireworks Are Banned or Heavily Restricted·Compare Portsmouth to another location·View the Virginia fire regulations overview

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