Around 2,000 fireworks are legal in Virginia. Light the wrong kind and it could cost you

With the Fourth of July coming up, many people are preparing to celebrate the holiday with a bang. But there are limits on what fireworks you can set off legally during your Independence Day bash. Fireworks that leave the ground aren't allowed in Augusta County, Staunton and Waynesboro, like most of Virginia.

"Many localities prohibit the sale, possession or use of all fireworks," said the State Fire Marshal's Office in a press release. "The safest way to celebrate the holiday with fireworks is to attend a professional show."

Violating the Virginia Fire Prevention Code — which regulates fireworks — is a Class 1 misdemeanor, punishable by up to a year of jail time and a fine of up to $2,500.

What's an illegal firework?

"In general, any firework that explodes, moves on the ground or in the air, or shoots a projectile is illegal in the Commonwealth of Virginia," according to the Virginia Department of Fire Programs.

Only “permissible fireworks,” as defined in the Code of Virginia, can be legally sold, possessed or used within the Commonwealth. The 2024 full list of permissible fireworks in Virginia is below (and also here at the Virginia Department of Fire Programs). It's 42 pages long and contains around 2,000 permissible fireworks by name and distributor.

The State Fire Marshal’s Office advises Virginians to check local ordinances as well as the Statewide Fire Prevention Code prior to purchasing and utilizing fireworks. The sale, possession and/or use of any fireworks not classified as permissible is prohibited.

Any illegal fireworks can be confiscated, and you can be summoned by a Fire Marshal or law enforcement officer.

Fireworks safety guidelines

In 2023, according to the Consumer Product Safety Commission, there were eight fatalities and an estimated 9,700 injuries involving fireworks. Of the eight reported fatalities, one was in Virginia.

“Misuse of fireworks can be deadly,” said Billy Hux, State Fire Marshal. “Opt for safety this holiday by enjoying fireworks at a professionally organized show.”

If consumer fireworks are legal in your locality and you decide to use permissible fireworks, please follow these important safety procedures:

• 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 State Fire Marshal’s Office said it will continue conducting firework stand inspections and will support numerous permitted fireworks displays to ensure the safety of Virginia residents and visitors.

Staunton's fireworks code

8.35.010 Fireworks. It shall be unlawful for any person to set off, release or discharge within the city any torpedo, firecracker, skyrocket, or other substance or object, of whatever form or construction, that contains any explosive or inflammable compound or substance, and is intended or commonly known as fireworks and which explodes, rises into the air or travels laterally, or fires projectiles into the air; and no person shall within the city sell any such articles without a permit. (Ord. 2015-17).

8.35.020 Penalties for violation. (1) Any person who violates any of the provisions of this chapter or the fire prevention code adopted by SCC Title 15, for each and every such violation and noncompliance, respectively, shall be guilty of a Class 1 misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. (2) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (3) Each separate incident shall be considered a new violation. (Ord. 2016-03; Ord. 2015-17).

The Staunton City Code is current through Ordinance 2024-15, passed May 23, 2024. Follow these links to see the full state law or the city codes in Staunton.

For firework safety tips and more information about using fireworks in the commonwealth, visit the State Fire Marshal’s Guide to Fireworks in the Commonwealth – Virginia Department of Fire Programs (vafire.com).