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Upper Darby, PA Fire Regulations: Fireworks (2026)

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

Key Facts

Minimum age
18 to buy or use consumer fireworks
Distance limit
150 feet from occupied structures
Curfew
Two hours after sunset
Display permit lead time
30 days written application
Consumer-use penalty
Up to $100 fine, summary offense

Summary

Upper Darby follows Pennsylvania's fireworks law in Chapter 303: adults 18 and older can buy and use consumer fireworks, but not on Township streets, sidewalks or parks, and not within 150 feet of an occupied structure or later than two hours after sunset. Display fireworks require a Township Council permit filed 30 days in advance.

B. Prohibitions. A person may not intentionally ignite or discharge: (1) Consumer fireworks on Township streets, sidewalks, parks, or other Township-owned property. (2) Consumer fireworks on private property without the express permission of the owner. ... (6) Consumer fireworks within 150 feet of an occupied structure. C. Time restriction. No consumer fireworks shall be ignited or discharged two hours or later after sunset, as determined by the National Weather Service.

Full Breakdown

Adopted in 2021 by Ordinance No. 3100, Chapter 303 regulates fireworks under Pennsylvania's Fireworks Law framework. Anyone at least 18 may purchase, possess and use "consumer fireworks" defined by the American Pyrotechnics Association standard APA 87-1, but Section 303-3B bars igniting or discharging them on Township streets, sidewalks, parks or other Township-owned property, on private property without the owner's permission, from or at a moving vehicle or building, at another person, or while under the influence of alcohol or drugs. Consumer fireworks may not be set off within 150 feet of an occupied structure, and Section 303-3C cuts off use two hours after sunset as determined by the National Weather Service.

Anyone selling or storing consumer fireworks in the Township must first show proof of the Pennsylvania Department of Agriculture license state law requires (Section 303-3D). "Display fireworks," the larger professional-grade class defined in Section 303-2 (salutes over 130 milligrams, aerial shells over 60 grams, and other UN-classified explosives), require a Township Council permit applied for in writing at least 30 days ahead with the permit fee, cannot be ignited within 300 feet of a licensed consumer-fireworks retailer, and must be handled by a competent operator approved after inspection by the Police Chief, Fire Chief or Fire Marshal. Commercial display operators must also show proof of registration with the Pennsylvania Attorney General.

Violations & Fines

Igniting or discharging consumer fireworks unlawfully is a summary offense carrying up to a $100 fine plus prosecution costs and attorney's fees (Section 303-5A). Selling consumer fireworks in violation of the chapter is a second-degree misdemeanor, and selling display fireworks without authorization is a third-degree felony (Section 303-5B, D). Police may seize illegally stored stock at the owner's expense.

Frequently Asked Questions

Can I set off fireworks in my Upper Darby backyard?
Only if you're 18 or older, you have the property owner's permission, and you stay at least 150 feet from any occupied structure. You also cannot fire consumer fireworks later than two hours after sunset, and Township streets, sidewalks, parks and other township property are off-limits under Section 303-3.
Do I need a permit for a backyard fireworks show?
Not for ordinary consumer fireworks. A permit from Township Council is required only for "display fireworks," the larger professional-grade class defined in Section 303-2, and the application must be filed in writing at least 30 days before the event along with the permit fee.
What's the penalty for illegal fireworks use in Upper Darby?
Unlawful use of consumer fireworks is a summary offense with a fine of up to $100 plus prosecution costs under Section 303-5A. Selling consumer fireworks illegally is a second-degree misdemeanor, and selling display fireworks without authorization is a third-degree felony under Section 303-5B and D.

Sources & Official References

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

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