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Firework laws in Hampton Roads: What's legal in each city

State law says generally, fireworks that explode, move on the ground and in the air or shoot a projectile is illegal, but further legislation varies by locality.

NORFOLK, Va. — Fireworks are a Fourth of July staple, but you may want to think twice before lighting them from home. 

Not only are there statewide restrictions on the fireworks people can use, but the law varies within Hampton Roads, too. 

Virginia's State Fire Marshal's Office (SFMO) said possessing and selling illegal fireworks is a criminal offense. Offenders could spend up to a year in jail or pay a fine.

In general, any firework that explodes, moves on the ground and in the air or shoots a projectile is illegal in the state, according to a news release.

There is a list of Virginia's permissible fireworks on the Virginia Department of Fire Programs' website, but their legality may vary by city.  

Here's a look at the legislation across the seven cities. 

Norfolk

Sec. 17.1-44. Amendments and supplements.

(25) Fireworks prohibited: The manufacture of fireworks is prohibited within the jurisdiction. The possession or use of fireworks is prohibited within the city, except for fireworks approved by permit according to the rules and regulations of the fire official.

(26) Additional fireworks: In addition to the items defined as fireworks in other parts of this code (SFPC), the term fireworks shall include pinwheels, fountains and pharaoh serpents. The manufacture, sale, possession or use of any fireworks, without the permission of the fire official, is unlawful. 

Sec. 25.2-42. Use and possession of fireworks and explosives.

(a) No person shall have in his possession, or set off or otherwise cause to explode or discharge or burn in any park, any firecrackers, torpedo rockets or other fireworks or explosives of inflammable material, or discharge them or throw them into any park from land or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article which, when in conjunction with any substance or compound, would be dangerous from any of the foregoing standpoints.

(b) Notwithstanding the provisions of subsection (a) above, fireworks displays or shows may be authorized in a park by permit granted by the director and approved by the fire chief.

Virginia Beach

Sec. 12-43.2. Fireworks and pyrotechnic displays unlawful; exceptions.

(a) Except as otherwise provided in this section it shall be unlawful for any person to transport, manufacture, assemble, store, sell, offer or display for sale, or to buy, use, possess, ignite or explode any firecracker, torpedo, sky rocket, sparkler, or other substance or device that contains any explosive or flammable compound or substance, and is intended or commonly known as fireworks, and which explodes, rises into the air or travels laterally, fires projectiles or discharges sparks into the air.

(b) The provision of this section shall not be applicable to (1) any organization or group of individuals which has been granted a permit by the fire official for the public or private display of fireworks or pyrotechnics, provided that such fireworks are stored, handled, transported and used in compliance with the terms and conditions of such permit; or (2) any federal, state or local government animal or fowl management agency agents acting within the scope of their lawful duties. Such agents shall provide the fire marshall's office with at least twenty-four (24) hours notice of intent to possibly employ pyrotechnic tactics.

(c) The fire marshal or any law enforcement officer shall be authorized to seize, take, remove or cause to be removed, at the expense of the owner, all fireworks offered or exposed for display or sale, stored or held in violation of this section.

(d) Violation of any provision of this section shall constitute a Class 1 misdemeanor.

Newport News

Sec. 16-20. Fireworks permit required; permit fee.

(a) It shall be unlawful for any person to own, sell, possess, store, display, use, explode or manufacture pinwheels, sparklers, fountains or Pharaoh's serpents without a permit issued by the fire marshal. A fee of two hundred fifty dollars ($250.00) shall be paid before such permit may be issued.

(b) It shall be unlawful for any person to possess, display or explode any other fireworks without a permit issued by the fire marshal.

(c) For purposes of this section, fireworks do not include pyrotechnic bird scaring devices.

Sec. 16-20.1. Permit fee for explosives, ammunition and blasting agents permits.

Permits required by Chapter 33, Explosives and Fireworks, of the Virginia Statewide Fire Prevention Code shall not be issued until a permit fee of two hundred fifty dollars ($250.00) shall have been paid.

Hampton

The City of Hampton Prevention Code bans the use and possession of all fireworks, with the exception of sparklers. Permits are required for public or private display of fireworks or pyrotechnics. A million dollar bond and professionals trained to launch firecrackers are required to obtain a fireworks permit.

Certain types of fireworks, such as firecrackers, bottle rockets and roman candles, may be purchased legally in other areas, but may not be possessed or used in the City of Hampton. Bringing unapproved fireworks from other jurisdictions in to the City of Hampton is an illegal act that constitutes a Class 1 misdemeanor. Unapproved fireworks may be confiscated and the offending parties fined up to $1,200 and/or sentenced to up to one year in jail.

Chesapeake

5601.1.3 Fireworks

The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.

Exceptions:

Storage and handling of fireworks as permitted in Section 5604.

Manufacture, assembly and testing of fireworks as permitted in Section 5605.

The use of fireworks for display as permitted in Section 5608.

5601.2.4 Financial Responsibility

Before a permit is issued, as required by Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $1,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The legal department of the jurisdiction may specify a greater amount is required. Government entities shall be exempt from this bond requirement.

5601.2.4.2 Fireworks Display

The permit holder shall furnish a bond or certificate of insurance of $1,000,000 for the payment of all potential damages to a person or persons or to property by reason of the permitted display, and arising from any acts of the permit holder, the agent, employees or subcontractors. Fireworks displays shall be in accordance with guidelines established by the Fire Code Official.

5602.1 (Definition) Permissible Fireworks

Paper caps for toy pistols, toy guns, toy canes or other devices which use such caps that contain less than 0.25 grains (16 milligrams) of explosive content per cap.

5608.11 Retail Display & Sale

Fireworks shall not be displayed for retail sale, sold or accessible to the public within the City of Chesapeake.

Portsmouth

Sec. 13-105. General prohibition against manufacture, sale and discharge.

(a) The manufacture of fireworks is prohibited within the city.

(b) Except as provided in division 2 of this article, it shall be unlawful for any person to store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks within the city.

Suffolk

Sec. 38-142. - Manufacture, sale regulated.

(a) The manufacture of fireworks is prohibited within this jurisdiction. The display, sale or discharge of fireworks shall comply with this article.

(b) It shall be a violation of this Code for any person to store, to offer for sale, expose for sale, sell at retail, or use or explode any fireworks, except as provided in the rules and regulations issued by the fire official for the granting of permits for supervised public displays of fireworks by the jurisdiction, fair associations, amusement parks and other organizations.

(c) The fire marshal shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for display or sale, stored or held in violation of this article.

RELATED: Hampton Roads, Outer Banks July 4th guide to fireworks, celebrations and other events

If you choose to light permissible fireworks this weekend, the SFMO suggested safety procedures to keep in mind: 

•     Keep a bucket of water or a garden hose handy, in case of fire or other mishap. Soak both spent and unused fireworks in water for a few hours before discarding. 

•     Light fireworks one at a time, then move quickly away from the fireworks device. 

•     Never try to relight or handle malfunctioning fireworks. Soak them with water before discarding.

•     Never place any part of your body directly over a fireworks device when lighting the fuse.

•     Never point or throw fireworks (including sparklers) at anyone.

•     Consider safe alternatives to fireworks such as party poppers, bubbles, silly string, or glow sticks. 

"The safest way to celebrate the holiday with fireworks is to attend a professional show," said Billy Hux, the State Fire Marshal. "Improperly handling fireworks can result in catastrophic outcomes including fires and severe injuries." 

The SFMO will be working throughout the holiday to help keep Virginians safe. 

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