Gov. Hochul: How to use ‘sparkling devices’ legally in N.Y. on the Fourth of July (2024)

STATEN ISLAND, N.Y. -- As New Yorkers gear up to celebrate the Fourth of July, the state’s top official is reminding residents that one of the most popular party favors may not be illegal in their area.

On Friday, Gov. Kathy Hochul reminded residents that the possession and use of sparkling devices, often referred to as sparklers, is illegal in cities with populations of more than one million people and in parts of that state where they are prohibited by local law.

This includes New York City and the following counties; Albany, Bronx, Columbia, Erie, Kings, Nassau, New York, Orange (prohibited in the Cities of Middletown and Newburgh only), Queens, Richmond, Schenectady, Suffolk, Warren and Westchester.

That means Staten Islanders, and anyone else living in the aforementioned counties, would need to travel to other parts of the state to use sparklers legally.

“As we celebrate this 4th of July with family and friends, it’s important that everyone take proper precautions to keep each other safe,” Hochul said. “New Yorkers should exercise caution while using legal sparkling devices and enjoy this special day.”

State law also limits when and where sparklers can be sold.

Sales of sparkling devices by certified permanent and specialty retailers can only take place from June 1 to July 5, while sales of sparkling devices by certified temporary stands or tents can only occur from June 20 to July 5.

A list of all certified sparkler retailers in the state can be found here.

All other fireworks, including firecrackers, bottle rockets, roman candles, spinners and aerial devices, are illegal statewide.

Thousands across the country are injured each year in fireworks-related incidents, with the U.S. Consumer Product Safety Commission noting a 25% increase over the past six years, nearly half of which involved people 23 years old and younger.

In New York, there were 173 fireworks-related injury visits reported by emergency departments in 2022, the most recent year for which data is available. More than 72% of those injuries were reported between June 18 and July 18, with 25% of injuries during that time involving minors.

According to the state, the most common causes of fireworks-related injuries are:

• A fast-fuse firecracker explodes before it can be thrown.
• A misguided rocket strikes a bystander.
• A curious youngster goes to investigate why a firecracker “failed” to explode.

In addition to injuring yourself and others, illegal firework use can cause massive property damage, as nearly 20,000 fires are started by fireworks across the United States each year, according to the National Fire Protection Association.

“No one wants to spend their holiday in the emergency room or with a visit from the fire department because of injuries or fires caused by fireworks. It’s easy to avoid the dangers of fireworks during the July 4th holiday and that is to leave them to the professionals,” said Division of Homeland Security and Emergency Services Commissioner Jackie Bray.

For those planning to use fireworks to celebrate the holiday, despite their illegality, the state offered the following safety tips.

• Children and sparklers are a dangerous combination. Never allow young children to play with or ignite fireworks, including sparklers. Sparklers burn at temperatures of about 2,000 degrees Fahrenheit. This is hot enough to melt some metals.
• Never throw or point fireworks toward people, animals, vehicles, structures or flammable materials. Always follow the instructions on the packaging.
• Keep a supply of water close by as a precaution.
• Make sure the person lighting fireworks always wears eye protection.
• Light only one firework at a time and never attempt to relight “a dud.”
• Always use fireworks outdoors. Never light sparklers or fireworks inside.
• Store fireworks in a cool, dry place away from children and pets.
• If you are impaired by alcohol, don’t use fireworks.

“Holidays are moments to have fun and spend time with loved ones, and we want everyone to do that safely. While July 4th fireworks are entertaining and beautiful to watch, I encourage New Yorkers to enjoy community firework displays put on by professionals and not put themselves or anyone else at risk with illegal personal fireworks,” said State Health Commissioner Dr. James McDonald.