FIREWORKS/SPARKLERS/EXPLOSIVES

INFORMATION ON SPARKLERS AND FIREWORKS

Fireworks Safety Fact Sheet

Sparklers less than 14 inches long with no more than 20 grams of pyrotechnic mixture and novelty sparkling items limited to snakes, party poppers, glow worms, smoke devices, string poppers, snappers, or drop pops with no more than 0.25 grains of explosive mixture, that are in compliance with United States Consumer Product Safety Commission regulations, are now legal for sale and use in Vermont. Additional details on legal and illegal devices are available on this page.

All fireworks, not including sparklers and novelty sparkling items, are illegal in Vermont except for permitted, supervised public fireworks displays. A permit for a display is obtained from the chief of the fire department after it is determined by the fire and police chief that the fireworks display will be handled by a competent operator in a manner that will not be hazardous to people or property. Application for a permit must be made at least 15 days in advance of the fireworks display. A permit is non-transferable. Information on the definitions, prohibitions, permits, seizure and penalties in Vermont law regarding sparklers and fireworks are located in 20 V.S.A. 3131, 3132 and 3135.

In addition to the permit from the fire chief there is now an additional federal requirement for a public fireworks display. Effective May 24, 2003, a permit is required from the U.S. Bureau of Alcohol, Tobacco & Firearms (ATF) to contract for, purchase or receive display fireworks. The contract, purchase or receipt of Class ‘C’, or consumer fireworks, as part of a public fireworks display, does not require an ATF permit, but a permit from the fire chief is still required. A municipality is exempt from the requirement to have an ATF permit to contract for, purchase or receive display fireworks.

The Division of Fire Safety is promoting public awareness on the appropriate use of sparklers and novelty sparkling items, and the risks associated with illegal fireworks that are prohibited for sale and use. Information is being sent directly to all emergency departments, ambulance service providers, fire departments, and police agencies.

INFORMATION ON LEGAL SPARKLERS & VERMONT FIREWORKS INJURY SURVEY

In order to evaluate the impact of injuries and property loss from sparklers and fireworks the Division of Fire Safety, Department of Public Safety, is continuing to survey emergency departments and ambulance service providers. This information will supplement the information received through the National Fire Incident Reporting System (NFIRS) fire data reporting system. NFIRS for Vermont now contains a “Plus-One” coding for fireworks [54] that will also provide more detailed information.

DISPLAY PERMIT AND FIRE DEPARTMENT INFORMATION

A sample fireworks display permit and a checklist for a public fireworks display is available to assist fire departments in developing local permits and procedures to evaluate permit requests. The sample checklist includes some information from NFPA 1123. More complete information on the qualifications of operators, the selection of display areas, discharge and fall out areas, site security and crowd control, and the operation of the fireworks display is included in NFPA 1123. The NFPA (National Fire Protection Association) standard 1123, Code for Fireworks Display, and NFPA 1124, Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles, are adopted under the Vermont Fire & Building Safety Code. Both codes are available at www.nfpa.org or 1-800-344-3555.

• Vermont Law on Sparklers, 20 V.S.A. §3131-3135

• Sample Municipal Fireworks Display Permit
      Download in Word
      Download in Adobe
• Sample Public Fireworks Display Checklist
      Download in Word
      Download in Adobe

• Application for License or Permit under 18 U.S.C. Chapter 40, Explosives
• ATF Forms Page
• ATF Arson and Explosives Publications

Announcement of the New Federal Explosives License and Permit Application

Effective immediately, please be advised that in order to apply for a Federal explosives license/permit (FEL), you MUST contact the National Explosives Licensing Center (NELC) at (304)616-4400 or (877)283-3352. However, for your convenience the new Federal explosives license/permit application and Employee Possessor Questionnaire may be downloaded from the links below. Please be advised that your application package will not be considered complete without the proper FD-258, FBI Fingerprint Card (ORI # ATF-GA-9900), which can only be obtained by contacting the NELC.

1. ATF Form 5400.13/5400.16 (2/03)  - Application for Explosives License or Permit
2. ATF Form 5400.28 - Employee Possessor Questionnaire (EPQ)
3. FD-258, FBI Fingerprint Card, ORI# ATF-GA-9900 (available by contacting the NELC)
4. ATF Notice No. 2 - Notice reopening the comment period for ATF Notice No. 968

ADDITIONAL INFORMATION

For additional information on sparklers, fireworks, forms or educational material contact:

Robert M. Howe, Assistant Fire Marshal
Chief Fire Prevention Officer
1.800.640.2106 or rhowe@dps.state.vt.us

INFORMATION ON EXPLOSIVE REGULATIONS & LICENSING

Regulations on the safety, storage and use of explosive materials are contained in the National Fire Protection Association (NFPA) Standard 495, Explosives Material Code, 2006 edition, adopted under the Vermont Fire & Building Safety Code.

For explosive license application or information contact the Vermont State Police, BCI, at (802) 244-8781 or click here to visit their web page.

RELATED LINKS

National Council on Fireworks Safety
National Fire Protection Association (fact sheets - fireworks)
U.S. Consumer Product Safety Commission

American Pyrotechnics Association (APA) (General Information for Fire Service Professionals)
Pyrotechnics Guild International (Official Fireworks Safety Guidelines)