The end of the year, like the Fourth of July, brings with it a demand for fireworks. Here are a few firework-related issues for cities and towns to consider as the new year approaches and seasonal fireworks stands open for business.
Local fireworks ordinances
State law does not allow municipalities to pass ordinances prohibiting or criminalizing the use of fireworks, but cities and towns can take steps to regulate the use of fireworks within their boundaries. Making sure that municipal ordinances do not conflict with state law is an important part of any firework regulation effort.
SC Code Section 23-35-175 allows for the creation of Fireworks Prohibited Zones. Both municipalities and property owners may establish such zones. Municipalities also have the authority to regulate the times when fireworks may and may not be discharged — for example, setting an hour in the evening after which they cannot legally be fired.
A 2011 South Carolina Attorney General opinion noted that local officials should be careful to make violations of local fireworks ordinances punishable only with civil penalties, much like the penalties found in smoking prohibitions. Legal precedent, the opinion said, finds local regulation is unreasonable if it effectively bans something that is legal under state law.
Regulation of fireworks sellers
Anyone who is a wholesale distributor of fireworks, as well as anyone who stores or sells fireworks, must have a license with the SC Department of Labor, Licensing and Regulation's Board of Pyrotechnic Safety. The board's staff also performs inspections and receives complaints.
The board's website, has a licensee lookup feature and also provides the relevant state laws and regulations for pyrotechnics as well as the National Fire Protection Association's code for all pyrotechnic-related activities.
Fireworks Fire Hazards
The National Fire Protection Association reports these damages and injuries from fireworks in an average year:
- 18,500 fires, including 1,300 structure fires and 300 vehicle fires;
- three deaths;
- 40 civilian injuries; and
- $43 million in direct property damage.