CITY OF BATAVIA POLICE AND FIRE DEPARTMENTS URGES CAUTION WHEN HANDLING SPARKLING DEVICES DURING THIS FOURTH OF JULY HOLIDAY
All other types of consumer fireworks remain illegal statewide, including firecrackers, bottle rockets, roman candles, spinners, and aerial devices
The City of Batavia Police and Fire Departments urge residents to handle sparkling devices responsibly when celebrating this Fourth of July weekend. According to the Consumer Product Safety Commission there were an estimated 11,500 emergency room-treated injuries involving fireworks in 2021. An estimated 8,500 fireworks-related injuries (or 74 percent of the total estimated fireworks-related injuries in 2021) occurred during the 1-month special study period between June 18 and July 18 last year.
New York State Law allows for the sale and use of a specific category of consumer fireworks known as sparkling devices. Legal ground-based or handheld sparkling devices produce a shower of colored sparks or a colored flame, audible crackling, or whistling noise and smoke. The devices do not launch into the air.
Sparkling devices are legal in all New York State counties except Albany, Columbia, Schenectady, and Westchester, some cities in Orange County (see local laws), all five boroughs of New York City, and Long Island. All other types of consumer fireworks, including firecrackers, bottle rockets, roman candles, spinners, and aerial devices, remain illegal statewide.
Sales of sparkling devices by certified permanent and specialty retailers can only occur from June 1 to July 5 and December 26 to January 1. Sales of sparkling devices by certified temporary stands or tents can only occur from June 20 to July 5 and December 26 to January 1. Sellers, manufacturers, and distributors of sparkling devices must apply for a license from the State Office of Fire Prevention and Control and follow other rules and conditions. A list of registered sparkling device vendors appears here.
The Office of Fire Prevention and Control offers the following safety tips on sparkling devices:
- Purchase sparkling and novelty devices from New York State registered retailers only.
- Always follow directions located on the packaging.
- Never allow young children to handle fireworks or sparkling devices. It is illegal for anyone under 18 years old to use sparkling devices.
- Never use sparkling devices indoors. All sparkling devices are for outdoor use only.
- Always wear eye protection when using sparkling devices.
- Never light more than one sparkling device at a time.
- Never point a sparkling device tube towards anyone or any part of your body.
- Keep sparkling and novelty devices in a safe secure location when not in use.
- Never use sparkling devices when under the influence of alcohol or drugs.
- Always keep an approved fire extinguisher nearby during a display.
- Douse malfunctioning and spent devices with water before discarding to prevent a fire.
- Store sparkling devices in a safe location away from young children.
- Keep unused sparkling devices dry and away from ignition sources.
- For more information on the sale and use of sparkling devices in New York State, visit the Office of Fire Prevention and Control website.
As we approach the July 4th Independence Day Holiday, Fire Chief Daniel Herberger of the City of Batavia Fire Department would like to remind residents that. “We want to ensure that our residents enjoy the holiday in a safe and responsible manner. It is important to take the necessary fire safety precautionary steps when using these devices.”
If any resident has questions regarding what is allowable or would like information regarding safety precautions, they can call the City of Batavia Fire Headquarters at 585-345-6375.
“We see a steady increase in calls for service this time of year for fireworks related complaints”, stated Police Chief Shawn Heubusch, “Residents are cautioned that if fireworks are purchased out of state or over the internet and do not meet the definition of sparkling device, they are not only illegal, but are dangerous. We want to ensure that everyone has a safe and happy July 4 Holiday.”