FAST FACTS: Florida Fireworks Laws

MIAMI (CBS4) ― The National Council on Fireworks Safety designates Florida as a "Safe and Sane" state where only sparklers can be legally used. But the designation is misleading. The law is tough to enforce.

"Consumer" fireworks are those fireworks devices formerly classed as "Class C Common Fireworks" and now classed at "Fireworks 1.4G" by the U.S. Department of Transportation [Title 49, Code of Federal Regulations, Part 173.56 (j)].

"Consumer" fireworks include cone fountains, cylindrical fountains, roman candles, sky rockets, firecrackers, mines and shells, helicopter-type rockets, certain sparklers and revolving wheels.

Specifically Permitted in Florida

Devices approved and listed by State Fire Marshal which emit a shower of sparks upon burning, do not contain any explosive compounds, do not detonate or explode, are hand held or ground based, cannot propel themselves through the air, and that contain not more than 100 grams of the chemical compound that produces sparks upon burning. Any device that is not included in the list of approved items is prohibited, except that snakes, small smoke devices, trick noisemakers and certain other novelties may be sold at all other times.

Novelties & trick noisemakers are approved for use and include smoke devices, party poppers, snappers and snakes.

Specifically Prohibited

Firecrackers, common bottle rockets, M80's with mortar, torpedoes, skyrockets, roman candles, daygo bombs, and any fireworks containing explosive or flammable compounds.

Florida's Loophole

It's against state law to ignite anything that flies, blows up or leaves the ground, unless you're a permit-carrying pyrotechnics professional, work in a mine or on a railroad, or own a large farm or a fish hatchery.

In other words, there is a waiver that buyers can sign that states he or she comes within an exemption or exception to the prohibition of the sale of fireworks in Chapter 791, Florida Statutes.

The exemptions & exceptions: It's okay to sell fireworks, the law says, to "railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use." It's okay to sell fireworks "to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries." Those sorts of uses will be regulated by the Department of Agriculture, the statute says.

Some local governments have effectively closed the "loopholes" that exist in the illegal sale of fireworks by passage of county or municipal ordinances.

Penalties

Anyone caught violating fireworks laws can be charged with a misdemeanor and can be fined a maximum penalty of up to a year in jail or a $1,000 fine.

Safety Reminders:

Use fireworks and sparklers only outdoors.

Only persons over 12 years of age should handle sparklers of any type. Too many young people get burned by
sparklers every year. By keeping sparkers out of youngsters, we can reduce these injury rates.

Obey local laws. If fireworks are not legal where you are, don't use them. If drought conditions mean a ban on fireworks, follow the law.

Only use fireworks as intended. Don't try to alter them or combine them.

Fireworks and alcohol do not mix. Have a designated "shooter"

When all else fails, use common sense.

Respect fireworks and sparklers as the great American tradition they are, but also respect the fact that the must be used with caution.

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