Fireworks In The Yard
3 Pa.C.S. 1104 — 18 to buy, 150 feet from any building or vehicle, and the holidays a town cannot touch
In Pennsylvania, a person who is at least 18 years of age may purchase, possess and use consumer fireworks. Ground and hand-held sparkling devices, novelties and toy caps are left out of that term, and their sale, possession and use are permitted at all times.
| Using consumer fireworks | Allowed |
|---|---|
| Using consumer fireworksOn private or public property, including streets, parking lots, sidewalks and parks | AllowedOnly with the express permission of the owner or the entity that controls it |
| Using consumer fireworksWithin, directed at or directed from a vehicle or building | AllowedNo |
| Using consumer fireworksDirected at another person | AllowedNo |
| Using consumer fireworksWhile under the influence of alcohol, a controlled substance or another drug | AllowedNo |
| Using consumer fireworksWithin 150 feet of a building or vehicle | AllowedNo, whether or not the user owns the building or vehicle |
Your own house counts. The distance applies to any building or vehicle, whether or not the user owns it. A yard where every spot is within 150 feet of a house, a garage or a parked car is a yard where consumer fireworks cannot lawfully be used.
Livestock nearby. No one may use consumer fireworks within 150 feet of an animal housing facility or a fenced area for livestock owned or managed by someone else. Between 150 and 300 feet, the statute requires written notice to the owner or manager of the livestock at least 72 hours in advance.
What a town may add. A municipality may enact conditions and limits that do not conflict with the chapter, may require a permit for a reasonable fee, and may bar use between the hours of 10:00 p.m. and 10:00 a.m. On July 2, 3 and 4 and December 31, use is allowed until 1:00 a.m. the following day, and when July 4 falls on a Tuesday, Wednesday or Thursday, until 1:00 a.m. on the Friday and Saturday before and after.
The days a town cannot touch. No municipality may restrict or regulate consumer fireworks on those holiday days, on Memorial Day or Labor Day, or on the Saturday and Sunday immediately before either. The one exception is a municipality where use cannot meet the distance from buildings and vehicles at all, which may prohibit consumer fireworks outright.
| The violation | First offense | Again within three years |
|---|---|---|
| The violationUsing consumer fireworks in violation of the chapter | First offenseA summary offense, with a fine of not more than $500 | Again within three yearsA summary offense, with a fine of not more than $1,000 |
| The violationSelling consumer fireworks in violation of the chapter | First offenseA misdemeanor of the second degree, with a fine of not less than $10,000 | Again within three yearsThe same grade, a fine of not less than $15,000, and revocation of the seller's license |
| The violationSelling or using display fireworks in violation of the chapter | First offenseA felony of the third degree, with a fine of not less than $10,000 | Again within three yearsThe same grade, with a fine of not less than $15,000 |
| The violationSelling M-80s, cherry bombs and other federally illegal explosives | First offenseA felony of the third degree, with a fine of not less than $10,000 | Again within three yearsThe same grade, with a fine of not less than $15,000 |
Seized at the owner's expense. State police, certified municipal police, a sheriff or deputy, or an accredited bomb squad takes or removes fireworks used, stored or held in violation of the chapter at the expense of the owner, who is also responsible for their storage and, if necessary, their destruction.
Where they are sold. Consumer fireworks are sold only from stand-alone, permanent facilities licensed by the Department of Agriculture. An online or mail order is delivered at a licensed facility, not at the door, and each retail sale carries a tax of 12% of the purchase price on top of state and local sales taxes.
Display fireworks, the professional kind, need a permit from the municipality, an operator at least 21 years of age with fireworks safety training, and insurance of not less than $1,000,000.
Local ordinances, homeowners' association rules, burn bans and the licensing of sellers run alongside these sections and are not all on this page. Whether a particular yard or a particular night is allowed is a question for the local municipality, its fire department, or a licensed Pennsylvania attorney.
Sources for this section (8)
- 3 Pa.C.S. 1101 — Definitions
- 3 Pa.C.S. 1104 — Use of consumer fireworks
- 3 Pa.C.S. 1106 — Rules and regulations by municipality
- 3 Pa.C.S. 1107 — Sales locations
- 3 Pa.C.S. 1112 — Consumer fireworks tax
- 3 Pa.C.S. 1114 — Penalties
- 3 Pa.C.S. 1115 — Removal, storage and destruction
- 3 Pa.C.S. 1102 — Use of display fireworks
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.