West Virginia Statewide Rule
West Virginia Consumer Fireworks Sales and Use Regulation
Key Facts
- Statute
- W. Va. Code 29-3E
- Consumer Fireworks
- Legal statewide
- Minimum Age
- 18 years
- Safety Fee
- 12 percent of sales
Summary
West Virginia legalized consumer fireworks statewide in 2016 under Code Chapter 29 Article 3E, establishing licensing requirements for retailers, an annual safety fee, and uniform standards that govern sales and certain use restrictions across all jurisdictions.
§29-3E-5. Consumer fireworks certificate required. (a) A retailer may not sell consumer fireworks unless the retailer is certified under this article. (b) To be certified to sell consumer fireworks a retailer shall: (1) Submit an application to the State Fire Marshal; (2) Submit with the application a copy of his or her current business registration certificate; (3) Pay a fee of $500 for each temporary retail sales location and $1000 for each permanent retail sales location to the State Fire Marshal; (4) Provide the State Fire Marshal proof that the retailer maintains at all times public liability and product liability insurance with minimum coverage limits of $1 million to cover losses, damages or injuries that might result from selling consumer fireworks; and (5) Provide other information as the State Fire Marshal may require by legislative rule. (c) A consumer fireworks certificate is valid from April 1 through March 31 of the next calendar year. (d) A consumer fireworks certificate is not transferable. (e) A retailer shall post the certificate in a conspicuous place at the location of the business. (f) A separate certificate is required for each location of the business. (g) A certificate holder may also sell sparkling devices and novelties at the same location without additionally obtaining a sparkling devices and novelties registration. (h) A retailer who sells consumer fireworks shall comply with the regulations provided in NFPA 1124.
Full Breakdown
West Virginia Code Chapter 29 Article 3E authorizes the sale and use of consumer fireworks meeting APA Standard 87-1, including aerial devices, by individuals over eighteen. Retailers must obtain a Certificate of Registration from the State Fire Marshal and pay annual fees. A twelve percent fee on retail sales funds veterans and volunteer fire department programs. Localities may regulate the time and place of use but cannot prohibit sales by licensed retailers. Sparklers and novelties remain unregulated. Public display permits are required for professional shows.
Violations & Penalties
Selling without a state Certificate of Registration is a misdemeanor punishable by fines up to $1,000 per offense, plus license revocation and forfeiture of inventory.
Frequently Asked Questions
Are aerial consumer fireworks legal throughout West Virginia?
Can West Virginia cities ban fireworks the state allows?
Sources
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