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Fireworks In The Yard

Va. Code 27-96.1 — permissible fireworks on private property with the owner's consent, unless a local ordinance says no

In Virginia, the Statewide Fire Prevention Code prohibits transporting, selling, buying, using, igniting or exploding any fireworks, except by those who handle fireworks solely for displays permitted by an enforcement agency or a locality.

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The exception for permissible fireworks. Unless a local ordinance prohibits it, the fireworks provisions do not apply to selling permissible fireworks, or to using, igniting or exploding them on private property with the consent of the property's owner.

What is permissible. Fountains that throw sparks no farther than 16.4 feet, wheels with a flame radius no greater than 39 inches, crackling devices and strobes with a short reach, and sparkling devices that do not explode or make a report, do not travel under their own power, do not act as projectiles, do not produce a continuous flame longer than 20 inches, and cannot be reloaded.

What is not. Fireworks include any firecracker, torpedo, skyrocket or other explosive or inflammable object commonly known as fireworks that explodes, rises into the air, travels sideways or fires projectiles into the air.

The penalty. Violating the Fire Prevention Code is a Class 1 misdemeanor. An officer making an arrest for a fireworks violation seizes the fireworks, and on conviction the court orders them destroyed once the time to appeal runs out.

Local rules can be stricter. Localities may adopt fire prevention regulations more restrictive or more extensive than the statewide Code.

The assumptionWhat the law actually does
The assumptionAnything sold at a roadside stand can be set off anywhereWhat the law actually doesPermissible fireworks may be used on private property with the owner's consent, unless a local ordinance prohibits it
The assumptionFirecrackers and bottle rockets are fine on the Fourth of JulyWhat the law actually doesAnything that explodes or rises into the air is a firework outside the permissible list

Public displays, the certification of fireworks operators and the details of a particular locality's ordinance are not all on this page. What a particular situation carries is a question for a licensed Virginia attorney.

Sources for this section (5)
  1. Va. Code 27-96.1 — Chapter inapplicable to certain uses of fireworks
  2. Va. Code 27-95 — Definitions
  3. Va. Code 27-97 — Adoption of Fire Prevention Code
  4. Va. Code 27-100 — Violation a misdemeanor
  5. Va. Code 27-100.1 — Seizure and destruction of certain fireworks

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.

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