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Western New York fireworks rules: how to stay safe during Independence Week

With Independence Day quickly approaching, many Western New Yorkers may wonder what fireworks they can use and how to stay safe during shows.

BUFFALO, N.Y. — As July 4th rapidly approaches, many people across the country scramble to the nearest firework tent to pick up some fireworks to kick back and enjoy the holiday.

However, what many do not realize is the strict and nuanced regulations from place to place and how much of a hazard fireworks can be.

"The only fireworks that are legal in most of New York State are sparkling devices," New York State Office of Fire Prevention and Control Chief James Cable said. "The thing I want to recommend is leave the fireworks to the professionals."

New York state law penal code 270 prevents the purchase of everything but sparklers. 

New York State defines sparklers as: "ground-based or hand-held devices that
produce a shower of white, gold, or colored sparks as their primary
pyrotechnic effect."

New York regulates the use of consumer fireworks heavily, as some counties even ban sparkler use. When they are permitted, a permanent seller has from June 1-July 5 and Dec. 26-Jan. 2 to sell. Temporary sellers are pushed to June 20-July 5. 

"We're a very regulated state here," the owner of Skylighters Fireworks Matt Shaw said.

Skylighters Fireworks is the premiere private, display firework pyrotechnics in WNY — they do "a couple hundred" shows a year. He says he deals with Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) federal regulations. 

States crack down as well, with the Office of Fire Prevention and Control as the permit authority over getting a valid Pyrotechnician Certificate of Competence. Local municipalities also regulate with local fire departments and police, setting and surveying areas for the professionals. This process can take up to seven months before launch day, according to Shaw.

Injuries can and do happen when it comes to fireworks.

According to Cable, over 10,000 injuries related to fireworks and 11 fatalities occurred in 2022 with roughly 75% of this happening a week before or after Independence Day.

A Consumer Product Safety Commission (CPSC) report in 2021 showed similar fates. Around 8,500 people were injured by fireworks from June 18-July 18. About 18% came from firecrackers, 6% came from rockets, 13% from sparklers, and 53% "unknown." A 25% increase in fireworks-related injuries between 2006-2021 was also reported.

What about displays, though? Well, burning ash coming from the sky should be a precaution, but with all the regulations surrounding distance from spectators and shows in general, the CPSC said there were "no injuries identified due to public firework displays during 2021."

"People have the opportunity to use illegal fireworks, the majority of injuries result from either inappropriate use or defective devices," Cable said.

The quality control in consumer fireworks is not good, according to Cable, which becomes a major concern.

Shaw does not deal in consumer fireworks, however. His company uses complex rigs and he says that at a regular show, the number of people on hand vary depending on the complexity of the show. A minimum of two is always present due to safety concerns, and up to 15 can be seen to execute a big display.

"Leave it to us, we're the professionals," Shaw said. 

Cable reminded New Yorkers that this day should be celebrated and spent with friends and families, but regulations are in place for a reason.

"We absolutely want people to enjoy the July 4th Independence Day holiday safely with their friends and families, and the recommendation is to leave fireworks to the professionals," Cable said.

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