Fireworks policy in the United States can be different in each jurisdiction.
Fireworks policy in the United States can be different in each jurisdiction.
The United States government has classified fireworks and similar devices according to their potential hazards.
The U.S. government now uses the United Nations explosives shipping classification system, which is based on hazard in shipping only, while the old US system also covered use hazards. The BATFE and most states performed a direct substitution of Shipping Class 1.3 for Class B, and Shipping Class 1.4 for Class C. This allows some hazardous items that would have previously been classified as Class B and regulated to be classified as Shipping Class 1.4 due to some packaging method that confines any explosion to the package. Being Shipping Class 1.4, they can now be sold to the general public and are unregulated by the BATFE.
A code number and suffix (such as 1.3G) is not enough to fully describe a material and how it is regulated, especially in Shipping Class 1.4G. It also must have a UN Number that exactly describes the material. For example, common consumer fireworks are UN0336, or Shipping Class 1.4G UN0336.
Here are some common fireworks classes:
Explosives, including fireworks, were previously divided into three classifications for transportation purposes by the US Department of Transportation (DOT).
At the time most purchases and use of all of these explosives, with specific exceptions for high explosives purchased and used in state, black powder used for sporting purposes and common fireworks, required a license or permit to purchase and use from the Bureau of Alcohol, Tobacco and Firearms (ATF or BATFE), or the state, or a local authority.
- Unincorporated Territories are not included.
Availability and use of consumer fireworks are hotly debated topics. Critics and safety advocates point to the numerous injuries and accidental fires that are attributed to fireworks as justification for banning or at least severely restricting access to fireworks. Complaints about excessive noise created by fireworks and the large amounts of debris and fallout left over after shooting are also used to support this position. There are numerous incidents of consumer fireworks being used in a manner that is supposedly disrespectful of the communities and neighborhoods where the users live.
Meanwhile, those who support more liberal firework laws look at the same statistics as the critics and conclude that, when used properly, consumer fireworks are a safer form of recreation than riding bicycles or playing soccer. [1]
The Consumer Product Safety Commission has guidelines concerning the standard of consumer fireworks sold in the US. Together with US Customs, they are very proactive in enforcing these rules, intercepting imported fireworks that don't comply and issuing recalls on unacceptable consumer fireworks that are found to have "slipped through". Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the federal agency that regulates explosives, including Display Fireworks in the US. But, ATF does not regulate consumer fireworks that conform to CPSC standards.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as well as the U.S. Consumer Product Safety Commission (CPSC) have general jurisdiction over what types of fireworks may be legally sold in the United States.
The federal law is only the minimum standard however, and each state is free to enact laws that are more stringent if they so choose. Many states have laws which further restrict access to and use of consumer fireworks.
Citing concerns over fireworks safety, some states, such as California, have enacted legislation restricting fireworks usage to devices that do not leave the ground, such as fountains. North Carolina limits fireworks to a charge of 200 grams of black powder. Massachusetts bans all consumer fireworks completely. Rhode Island, Arizona, New York, New Jersey, and Delaware have passed bills legalizing certain types of small fireworks. Vermont only allows sparklers. On the other hand, states such as Maine, South Dakota, South Carolina, Kentucky and Tennessee allow most or all legal consumer fireworks to be sold and used throughout the year. New Mexico allows all legal fireworks under state law; however, individual cities and counties may restrict or ban fireworks within their boundaries either permanently or when certain conditions exist.
Some states such as New Jersey vigorously enforce them. [2] Each year, there are many raids on individuals suspected of illegally possessing fireworks. [3]
Illinois only permits sparklers, snake/glow worm pellets, smoke devices, trick noisemakers, and plastic or paper caps. [4] However, many users travel to neighboring states such as Indiana, Missouri, Kentucky, and Wisconsin to obtain fireworks for use in Illinois. [5] This situation is similar to the plight of many St. Louis residents as fireworks are illegal within both city and county limits. However, fireworks are readily available in nearby St. Charles County. [6]
Differences in legislation among states have led to many fireworks suppliers setting up shop along state borders, to sell to customers from neighboring states where fireworks are restricted. Some Native American tribes on reservation lands sell fireworks that are not legal for sale outside the reservation.
The type of fireworks sold in the United States range from those permitted under federal law to illegal explosive devices and professional fireworks sold on the black market. Both the illicit manufacture and diversion of illegal explosives to the consumer market have become a growing problem in recent years.
Federal, state, and local authorities govern the use of display fireworks in the United States. At the federal level, the National Fire Protection Association (NFPA) sets forth a set of codes which give the minimum standards of display fireworks use and safety in the US. Both state and local jurisdictions can further add restrictions on the use and safety requirements of display fireworks. Typically, these jurisdictions will require a licensed operator to discharge the show. Although requirements vary from state to state, licensed operators and their crew are typically required to have hours of extensive training in the safe use of display fireworks.
These codes can include, but are not limited to, distance from the audience, maximum size shell, firing location requirements, electrical firing system requirements, and the minimum safety gear to be worn by the fireworks crew. These guidelines are explained in the NFPA 1123 [7] fireworks code.
An explosive is a reactive substance that contains a great amount of potential energy that can produce an explosion if released suddenly, usually accompanied by the production of light, heat, sound, and pressure. An explosive charge is a measured quantity of explosive material, which may either be composed solely of one ingredient or be a mixture containing at least two substances.
Fireworks are low explosive pyrotechnic devices used for aesthetic and entertainment purposes. They are most commonly used in fireworks displays, combining a large number of devices in an outdoor setting. Such displays are the focal point of many cultural and religious celebrations, though mismanagement could lead to fireworks accidents.
Pyrotechnics is the science and craft of creating such things as fireworks, safety matches, oxygen candles, explosive bolts and other fasteners, parts of automotive airbags, as well as gas-pressure blasting in mining, quarrying, and demolition. This trade relies upon self-contained and self-sustained exothermic chemical reactions to make heat, light, gas, smoke and/or sound. The name comes from the Greek words pyr ("fire") and tekhnikos.
A skyrocket is a type of firework that uses a solid-fuel rocket to rise quickly into the sky; a bottle rocket is a small skyrocket. At the apex of its ascent, it is usual for a variety of effects to be emitted. Skyrockets use various stabilisation techniques to ensure the flight follows a predictable course, often a long stick attached to the side of the motor, but also including spin-stabilisation or fins.
A firecracker is a small explosive device primarily designed to produce a large amount of noise, especially in the form of a loud bang, usually for celebration or entertainment; any visual effect is incidental to this goal. They have fuses, and are wrapped in a heavy paper casing to contain the explosive compound. Firecrackers, along with fireworks, originated in China.
A Roman candle is a traditional type of firework that ejects one or more stars or exploding shells. Roman candles come in a variety of sizes, from 6 mm (0.24 in) diameter for consumers, up to 8 cm (3.1 in) diameter in professional fireworks displays.
A sparkler is a type of hand-held firework that burns slowly while emitting bright, colored sparks.
In an explosive, pyrotechnic device, or military munition, a fuse is the part of the device that initiates function. In common usage, the word fuse is used indiscriminately. However, when being specific, the term fuse describes a simple pyrotechnic initiating device, like the cord on a firecracker whereas the term fuze is used when referring to a more sophisticated ignition device incorporating mechanical and/or electronic components, such as a proximity fuze for an M107 artillery shell, magnetic or acoustic fuze on a sea mine, spring-loaded grenade fuze, pencil detonator, or anti-handling device.
In pyrotechnics a salute is a device primarily designed to make a loud report (bang), rather than have a visual effect, although most salutes also have a bright flash. They most commonly consist of a 70:30 mixture of potassium perchlorate and dark aluminium powder and may have titanium added for a cloud of sparks. The salute may be fired on the ground or launched from a mortar as a shell. Due to the nature of the effect, large salutes are some of the more hazardous fireworks.
Flash powder is a pyrotechnic composition, a mixture of oxidizer and metallic fuel, which burns quickly (deflagrates) and produces a loud noise regardless of confinement. It is widely used in theatrical pyrotechnics and fireworks and was once used for flashes in photography.
A cherry bomb is an approximately spherical exploding firework, roughly resembling a cherry in size and shape. Cherry bombs range in size from three-quarters to one and a half inches in diameter.
A visco fuse is a higher-quality fuse used for consumer fireworks. It is most commonly colored green, red, or pink and is found as a twisted, coated strand. It is also used to create delays in the firing of multiple firework displays for safety.
Fireworks in England, Scotland and Wales are governed primarily by the Fireworks Regulations 2004, the Pyrotechnic Articles (Safety) Regulations 2015, and British Standards BS 7114 until 4/7/17 and BS-EN 15947-2015. In Northern Ireland, fireworks are governed by The Pyrotechnic Articles (Safety) Regulations 2015, and Explosives (Fireworks) Regulations (NI) 2002.
Pyrotechnicians are people who are responsible for the safe storage, handling, and functioning of pyrotechnics and pyrotechnic devices. Although the term is generally used in reference to individuals who operate pyrotechnics in the entertainment industry, it can include all individuals who regularly handle explosives. However, individuals who handle more powerful materials for commercial, demolition, or military applications are generally referred to as explosive technicians.
A binary explosive or two-component explosive is an explosive consisting of two components, neither of which is explosive by itself, which have to be mixed in order to become explosive. Examples of common binary explosives include Oxyliquit, ANFO, Kinestik, Tannerite and ammonal, and FIXOR.
Consumer fireworks are fireworks sold for use by the general public. They are generally weaker in explosive power than the fireworks used in professional displays.
NFPA 1123, subtitled Code for Fireworks Display is a code created by the National Fire Protection Association (NFPA) to help prevent damage of property and the injury or death of individuals during outdoor firework displays. NFPA 1123 is the registered trademark of an American consensus standard which, like many NFPA documents, is systematically revised on a three year cycle.
M-80s are an American class of large powerful firecrackers, sometimes called salutes. M-80s were originally made in the mid 20th century for the U.S. military to simulate explosives or artillery fire. The "M" is designated by a U.S. military convention for "standard" equipment and "80" is for the 80 grains of flash powder within it. Later, M-80s were manufactured as consumer fireworks made from a small cardboard tube, often red, approximately 1+1⁄2 inches (3.8 cm) long and 9⁄16 inch (1.4 cm) inside diameter, with a fuse coming out of the side; this type of fuse is commonly known as cannon fuse or Visco fuse, after a company responsible for standardizing the product. This consumer version holds a reduced charge of 45 grains of pyrotechnic flash powder.
Mexican handcrafted fireworks production is mostly concentrated in the State of Mexico in central Mexico. The self-declared fireworks capital of Mexico is Tultepec, just north of Mexico City. Although the main ingredient for fireworks, gunpowder, was brought by the conquistadors in the 16th century, fireworks became popular in Mexico in the 19th century. Today, it is Latin America’s second largest producer, almost entirely for domestic use, with products ranging from small firecrackers to large shells and frames for pyrotechnics called “castillos” (castles) and “toritos”. The industry is artisanal, with production concentrated in family-owned workshops and small factories with a number operating illegally. The relatively informal production and sales of fireworks have made it dangerous with a number of notable accidents in from the late 1990s to the present, despite attempts to safety regulations.
M-100's are a class of powerful firecrackers commonly called salutes.