West Virginia: Are fireworks legal?
West Virginia allows adults 18 and older to buy and use the full range of consumer fireworks.
State law covers consumer fireworks that meet federal safety rules and are listed in the American Pyrotechnics Association standard 87-1, which includes aerial items. Buyers must be at least 18, and retailers must be certified and sell from a permanent building or a temporary facility that meets the fire code. It is illegal to set off fireworks on someone else's property without permission, from or at vehicles, buildings or people, or while impaired. Cities may ban or regulate use within their limits.
Conditions
- Buyers must be at least 18
- Owner's permission needed to use on any property
- No use while impaired or from or at vehicles, buildings or people
- Cities may ban or regulate use
What the law says
"Consumer fireworks" means small fireworks devices that are designed to produce visible effects by combustion that are required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. Parts 1500 and 1507 (2014), and that are listed in APA Standard 87-1. ... A person who is less than eighteen years of age may not purchase, nor offer for sale, consumer fireworks.
Sources
- W. Va. Code 29-3E-2 Official · code.wvlegislature.gov
- W. Va. Code 29-3E-11 Official · code.wvlegislature.gov
- W. Va. Code 29-3E-10 Official · code.wvlegislature.gov
- W. Va. Code 29-3E-5 Official · code.wvlegislature.gov
Confirm with the state
- Agency
- West Virginia State Fire Marshal's Office
- Phone
- 304-558-2191
- Website
- firemarshal.wv.gov
How bordering states compare
- Kentucky Aerial fireworks allowedKentucky allows adults 18 and older to buy and use consumer fireworks, including aerial devices and firecrackers.
- Maryland Sparklers and ground fireworks onlyMaryland bans consumer fireworks but excludes certain sparklers and nonaerial, nonexplosive ground sparkling devices, which some counties ban too.
- Ohio Aerial fireworks allowedSince July 2022, Ohio adults may set off 1.4G consumer fireworks, including aerial ones, on set holidays unless their local government bans them.
- Pennsylvania Aerial fireworks allowedPennsylvania lets anyone 18 or older buy, possess and use consumer fireworks, including aerial ones, with distance and permission rules.
- Virginia Sparklers and ground fireworks onlyVirginia allows only 'permissible fireworks' such as sparklers, fountains and wheels; anything that explodes, flies or shoots projectiles is banned.
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