Fireworks

Fireworks Safety

  • Designate a safe perimeter where the firework will be ignited and discharged.
    • Keep spectating adults, children, and pets outside of the safe perimeter.
    • Keep unused fireworks outside of the safe perimeter to prevent accidental ignition.
  • Keep a bucket of water and/or charged water hose readily available.
  • Do not alter or modify any firework.
  • Only light one firework at a time.
  • Avoid alcohol consumption while handling or using fireworks.
  • If a firework fails to function, wait 5-10 minutes before approaching it. Do not try to relight it. Dispose of it in a bucket of water.
  • Soak fireworks debris in a bucket of water for a few hours prior to disposal.

sparkler-and-american-flag-royalty-free-image-1592923609

Who makes the rules on the use of fireworks?

HOA Rules

Law enforcement agencies do not have the statutory authority to enforce HOA rules. The HOA should be notified regarding any violations of HOA rules. Pictures, videos, and identifying information may be helpful for linking a property owner to a violation and should be provided to the HOA along with your complaint.

City Ordinances

Many cities and towns have adopted ordinances that prohibits or restricts the use of fireworks inside their city limits. In addition, municipalities are authorized to enforce fireworks related ordinances up to 5,000 feet beyond their city limits. You can use the GIS Portal to search your address and determine if you are within a city or town. You should contact the city or town directly to determine if they have adopted an ordinance prohibiting or restricting the use of fireworks.

County Ordinances

If drought conditions exist, the commissioners court may adopt an order regulating the sale and use certain fireworks in the unincorporated areas of the county. Generally speaking, if outdoor burning is allowed, fireworks are also allowed. You may call our automated outdoor burning line (469-595-8899) to determine if outdoor burning is currently allowed or if the county is under a burn ban.

State Statutes

There are several state statutes that prohibit or restrict the use of fireworks in certain areas. If you are using or handling fireworks, you should be familiar with Texas Fireworks Rules.

Federal Regulations

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF or BATFE) is responsible for the regulation of explosives, including display fireworks. They also provide guidance regarding illegal explosives, binary explosives, and black powder.

Fireworks Related Offenses


Class C Misdemeanors

Prohibited Use of Fireworks - Texas Occupations Code 2154.251

  • Igniting, discharging, or exploding fireworks:
    • within 600 feet of a church, hospital, asylum, licensed child care center, school campus, or college campus;
    • within 100 feet of a place where flammable liquids or gases are stored and dispensed;
    • within 100 feet of a place where fireworks are stored or sold;
    • in, from, or at a motor vehicle.

Prohibited Sale of Fireworks - Texas Occupations Code 2154.252

  • Selling fireworks to:
    • children under 16 years of age;
    • an intoxicated or incompetent person.

Reckless Damage or Destruction - Texas Penal Code 23.04

  • Using a firework and in doing so recklessly causes damage to property of another.

Criminal Mischief - Texas Penal Code 23.08

  • Using a firework to intentionally cause damage to property and causes less than $100 in damages.

Class B Misdemeanors

Criminal Mischief - Texas Penal Code 23.08

  • Using a firework to intentionally cause damage to property and causes between $100 and $750 in damages.

Interference with Public Duties - Texas Penal Code 38.15

  • Using a firework to interrupt, disrupt, impede, or interfere with a peace officer, firefighter, EMT, police canine, or animal control officer.

Class A Misdemeanor

Criminal Mischief - Texas Penal Code 23.08

  • Using a firework to intentionally cause damage to property and causes between $750 and $2,500 in damages.

State Jail Felonies

Criminal Mischief - Texas Penal Code 23.08

  • Using a firework to intentionally cause damage to property and causes between $2,500 and $30,000 in damages.
  • Using a modified firework (explosive weapon) to intentionally cause damage to a habitation and causes less than $2,500 in damages.

Arson - Texas Penal Code 28.02(a-2)

  • Using a firework and in doing so recklessly causes damage to a building belonging to another.
  • Using a firework and in doing so recklessly causes another person to suffer bodily injury or death.

Unlawful Use of Fireworks - Texas Penal Code 50.02

  • Using a consumer-grade firework to intentionally interfere with the lawful performance of an official duty of a law enforcement officer.
  • Using a consumer-grade firework to keep a law enforcement officer from attempting to lawfully arrest or detain an individual.

Third-Degree Felony

Criminal Mischief - Texas Penal Code 23.08

  • Using a firework to intentionally cause damage to property and causes between $30,000 and $150,000 in damages.

Prohibited Weapons - Texas Penal Code 46.05

  • Possessing, manufacturing, transporting, or selling a modified firework (explosive weapon or improvised explosive device).

Second-Degree Felonies

Criminal Mischief - Texas Penal Code 23.08

  • Using a firework to intentionally cause damage to property and causes between $150,000 and $300,000 in damages.

Arson - Texas Penal Code 28.02

  • Using a firework to intentionally damage any vegetation, fence, or structure on open space land.
  • Using a firework to intentionally damage any building, habitation, or vehicle that:
    • is within the limits of an incorporated city or town;
    • is insured against damage or destruction;
    • is subject to a mortgage or security interest;
    • is located on property belonging to another;
    • contains property belonging to another;
    • recklessly endangers the life of some individual or the safety of the property of another.

Unlawful Use of Fireworks - Texas Penal Code 50.02

  • Using a display firework to intentionally interfere with the lawful performance of an official duty of a law enforcement officer.
  • Using a display firework to keep a law enforcement officer from attempting to lawfully arrest or detain an individual.

First Degree Felonies

Criminal Mischief - Texas Penal Code 23.08

  • Using a firework to intentionally cause damage to property and causes more than $300,000 in damages.

Unlawful Use of Fireworks - Texas Penal Code 50.02

  • Using a firework to intentionally interfere with a law enforcement officer and causes serious bodily injury to the officer.

Fireworks Retailers

A person may not sell, store, manufacture, or distribute fireworks without a license and permit through the Texas State Fire Marshal's Office and a permit through Kaufman County Fire Marshal's Office. In an effort to inform all fireworks consumers about fireworks safety and regulations, we encourage all fireworks retailers to post and distribute the QR code to the right. This QR code will bring customers back to this webpage for information about fireworks.

Where can fireworks be sold?

Fireworks may not be sold on highways, sidewalks, public property, or in assembly or educational occupancies. Fire code also prohibits keeping or storing fireworks in or within 100 feet of a place of habitation (does not include 1.4G fireworks, black powder, smokeless propellants, or small arms primers for personal use). Fireworks may not be sold out of a tent, boat, or vehicle.

A QR Code that links to the Kaufman County Fire Marshal's Office fireworks website

Public Fireworks Display

All public fireworks displays in the unincorporated areas of the county require a permit from the Kaufman County Fire Marshal's Office. The use of 1.3G requires a licensed pyrotechnic operator license. Use of 1.4G requires a licensed pyrotechnic special effects operator. Plans should be submitted with your permit application.