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Fireworks Safety

 

 

Fireworks in San Bernardino!  

Our focus for the July 4th holiday season is to keep the community of San Bernardino safe and free from injury and fire. Our Police Department will have substantial enforcement regarding illegal fireworks within the City.

 

Where do I report issues with fireworks?  

If someone is injured, in immediate danger, or if a fire has ignited, call 9-1-1 immediately. If you would like to submit questions, comments or non-emergency concerns, please submit a service request using the CRM system or GORequest App.

 

If you have an address where you witnessed fireworks being ignited by someone, please call our 24 hour non-emergency line at (909) 383-5311 to report. Please keep in mind, this number is for all non-emergency PD calls. Therefore, there may be a delay in answering your call. When reporting, please make sure you can identify the location, and if possible, a description of the person or person(s) lighting the illegal fireworks.

 

Where are “safe and sane” fireworks permitted?

Under the current provisions of the Municipal Code, fireworks designated as “safe and sane” are permitted in all areas south of the 210 Freeway in the City of San Bernardino as depicted in the attached map. The sale of fireworks by permit only is only allowed from July 1-4. 

 

Do other cities allow fireworks?

The City of San Bernardino is one (1) of nine (9) municipalities in the County of San Bernardino that allow for the sale, possession, and discharge of fireworks designated “safe and sane.”

 

How do I know what fireworks are illegal?

They will not be sold at the fireworks stands. Illegal fireworks include any that fly through the air, move across the ground or explode. This includes, firecrackers, skyrockets, roman candles, chasers, sparklers, torpedoes, firework kit.

            

Can anyone sell “safe and sane” fireworks?

Only groups that received a permit for a fireworks stand can sell fireworks in the City. It is illegal to sell fireworks to anyone under 18, sell fireworks without a license/permit, sell outside of permitted areas and selling outside of the allowed timeframe of July 1-4.

 

When can “safe and sane” fireworks be ignited?

Safe and sane fireworks can only be ignited from July 1-4, 2020.

 

Where are fireworks permitted?

Due to the risk of fire, all firework usage is prohibited north of the 210 Freeway and 30th Street. Fireworks can only be ignited south of the 210 freeway, on private property only, no discharge on unpaved open areas, public street or right-of-way, or in public parks. 


Safe and Sane Fireworks – H&S 12529 defined: Cannot fly through the air, move across the ground, or explode

  • H&S 12672 – sell safe and sane fireworks other than from noon June 28th  to July 6th 
  • H&S 12689b – sell, give, or deliver safe and sane fireworks to anyone under 16

Dangerous Fireworks – H&S 12505 defined: firecrackers, skyrockets, roman candles, chasers, sparklers, torpedoes, firework kits

  • H&S 12540 – Explosives – Large firecracker items such as; M-80, M-100, M-1000, Silver Salute, Brown Bomber, ¼ stick, ½ stick, full stick etc.
  • H&S 12677 – possess dangerous fireworks without a permit
  • H&S 12679 – sell, use, store fireworks within 100 feet of gasoline or other flammable liquid storage or dispense
  • H&S 12680 – place, throw, ignite, or discharge dangerous fireworks at a person or crowd where injury can occur or create chaos, fear, or panic
  • H&S 12685 – conduct public fireworks display without a permit
  • H&S 12689a – sell, give, or deliver dangerous fireworks to anyone under 18

Health and Safety Code 12700 - (punishment sections based on gross weight)
(a) Except as provided in Section 12702 and subdivision (b), any person who violates any provision of this part, or any regulation issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand ($1,000) or by imprisonment in the county jail for not exceeding 1 year, or by both such fine and imprisonment. (b) A person who violates any provision of this part or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:

(1) A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction a person shall be punished by a fine of not less than one thousand dollars ($1000) or by imprisonment in the county jail not exceeding one year or by both that fine and imprisonment.

(2) A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in the county jail for not more than one year, or by fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), or by both that fine and imprisonment

(3) A person who possesses a gross weight, including packaging of not less than 100 pounds or more than 5000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in the state prison or the county jail for not more than one year or by a fine of not less than five thousand dollars ($5000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment

(4) A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in the state prison or the county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.

This section would apply to all mortars, roman candles, firecrackers and any/all other fireworks not bearing a seal from the California State Fire Marshal.        

     

Health and Safety Code 12671 – Sales
It is unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless the State Fire Marshal has classified and registered such fireworks.

M-80 Type Explosives / Homemade Explosives (non-commercially produced)
PC 18715 (a) Every person who recklessly or maliciously has in possession any destructive device or any explosive in any of the following places is a felony

     

Penal Code 16460 (a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “destructive device” includes any of the following weapons:

(1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns.

(2) Any bomb, grenade, explosive missile, or similar device or any launching device therefor.

(3) Any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a “destructive device” found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot), antique rifle, or an antique cannon.

(4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes.

(5) Any breakable container that contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.

(6) Any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction.

Municipal Code – Fireworks Citations
Safe and Sane (prohibited north of the 210 Freeway/ 30th Street)
Chapter 8.60 – Fireworks

  • 8.60.010 – location of fireworks prohibited north of 30 Freeway
  • 8.60.120 – use of fireworks on private property only, no discharge on unpaved open areas, public street or right-of-way, or in public parks            

Selling

  • 8.60.015 – selling fireworks to anyone under 18
  • 8.60.020 – selling fireworks without a license
  • 8.60.130(A) – selling fireworks during prohibited times (allowed: Noon 7/1/17 through midnight 7/4/17)
  • 8.60.130(B) – selling fireworks in prohibited areas (essentially North of 210 Freeway – see 8.60.101)

Use/Discharge

  • 8.60.120 – discharge of fireworks on public property, vacant lots, public street right of way, public parks (unless otherwise permitted) (must see use)
  • 8.60.130(C) – igniting fireworks during prohibited times (allowed: Noon 7/1/16 through midnight 7/4/16) (must see use or permitting use)
  • 8.60.130 (D) – igniting fireworks in prohibited areas (basically North of 210 Freeway – see 8.60.010) (must see use or permitting use)
  • 8.30.020 (L) –   The existence of loud or unusual noises, or foul or noxious odors which offend the peace and quiet of persons of ordinary sensibilities and which interferes with the comfortable enjoyment of life or property and affect the entire neighborhood or any considerable number of persons
  • 8.30.020 (S) – Any other condition which is contrary to the public peace, health and safety.            

Dangerous fireworks (prohibited in the entire City)

  • 8.61.010 – possess, sell, use, or discharge dangerous fireworks

   Fireworks Pet Safety Tips