By Hayley Edevold, Paralegal
Fireworks are a summer favorite! Whether you’re lighting up the sky for a backyard celebration or enjoying a local display, it is important to understand the laws in North Dakota surrounding private displays of consumer fireworks.
Firework accidents are common; in fact, according to the United States Consumer Product Safety Commission, there were 14,700 people treated in emergency rooms for fireworks injuries and 11 deaths from fireworks in 2024. 37% of the injuries were burns. 19% of the injuries were eye injuries. State and local governments have enacted laws to prevent nuisances and, most importantly, to ensure the safety of citizens and users of fireworks.
N.D.C.C. § 23-15-01 defines fireworks as “any combustible or explosive composition,… or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation.” Examples include torpedos, Roman candles, and sparklers. In order to purchase fireworks, you must be at least 12 years of age. Only licensed retail businesses may sell during the periods of June 27 through July 5 (Fourth of July holiday) and December 26 through January 1 (New Year’s holiday). This statute also lists the types of allowed merchandise, including specific dimensions and the weight of explosive or pyrotechnic composition. For instance, bottle rockets are banned if the outside diameter of the casing is less than ⅝ of an inch and the length of the casing is less than 3 ½ inches. If you are using a bottle rocket, this rule is imperative to follow along with practicing extreme care, as bottle rockets can be unstable, their flight path can be unpredictable, they can cause fires (especially in dry weather), and they often exceed the legal limit of explosive content. Another commonly known firework is firecrackers. Firecrackers must be soft-shelled and cannot exceed ¼ of an inch in diameter and 1½ inches in length. The total pyrotechnic composition can not exceed 40 grams in weight.
Municipal ordinances provide further rules on the use of fireworks, including where, when, and what types. These municipal laws vary depending on the city. In the City of Fargo, the possession and use of fireworks within city limits is unlawful. Violations carry a $100 fine and require an appearance in front of a judge in court. However, in West Fargo, fireworks are permitted from July 4th at 8:00 A.M. to 11:59 P.M. and from December 31 at 8:00 P.M. to January 1 at 1:00 A.M. Fireworks are prohibited on publicly owned property, such as a city park, without written permission and within a burning ban. Violations can result in fines up to $1,500 and/or 30 days in jail. West Fargo Ordinances § 12-0711 prohibits the use of sky lanterns and fireworks that are not a 1.4G firework, also known as a Class C firework or consumer firework. Have you ever noticed that many of the retail stores that sell fireworks are located outside of city limits? Municipal ordinances may also provide rules on where fireworks can be sold.
Fireworks are a timeless way to mark our biggest celebrations, but they come with risks and laws. If you need guidance after an incident that occurred at your Independence Day gathering, reach out to the criminal defense team at SW&L Attorneys by calling 701-297-2890 or emailing us at [email protected].
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