As we approach the July 4th Independence Day holiday, Fire Chief Stefano Napolitano of the City of Batavia Fire Department would like to remind the residents of the City of what is allowed by law.
“We want to ensure that our residents enjoy the holiday in a safe and responsible manner,” Napolitano said.
The law enacted on Jan. 1, 2018, states that buying, selling, and using sparking devices (not fireworks) is only legal in the counties and cities that have not enacted a local law pursuant to section 405.00 of the Penal Law of New York.
These sparking devices are legal everywhere in the state except for in Bronx, Columbia, Kings, Nassau, New York, Queens, Richmond and Schenectady counties.
According to the New York State Division of Homeland Security and Emergency Services, "Sparking Devices" are considered, “ground-based or handheld devices that produce a shower of colored sparks andor a colored flame, audible crackling or whistling noise and smoke.”
Napolitano also stated, “These sparkling devices can only be bought and sold from June 1st to July 5th and from Dec. 26th to Jan. 1st in any given year.”
Furthermore, the law states that “Sales of sparklingdevices by certified temporary stands or tents can only occur from June 20th to July 5th and Dec. 26th to Jan. 1st in any given year.”
According to Napolitano, allowable sparkling devices under the law are sparkling fountains, sparklers on wooden sticks (not metal sticks), smoking devices, snakes confetti-filled party poppers and paper-wrapped snappers.
Non-allowable and illegal devices include firecrackers, bottle rockets, roman candles and any other aerial devices.
Lastly, Napolitano said,” It is important to take the necessary fire safety precautionary steps when usingthese devices. Last year there were a reported 12,900 fireworks-related injuries (in the United States)."
If any resident has questions regarding what is allowable or would like information regarding safety precautions, they can call the City of Batavia Fire Headquarters at 585-345-6375.