Is It Legal to Set Off Fireworks in Indiana?
Indiana fireworks laws are administered, regulated and enforced by the Indiana State Fire Marshal. The various types of consumer fireworks that are specifically permitted by law include most sparklers, cone fountains, torches, spinners, snakes, smoke devices and noise makers. Additional regulations apply to fireworks manufacturers, distributors, wholesalers, retailers and operators of public fireworks displays.
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Public Displays
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Special regulations apply to individuals and organizations conducting public firework displays. First, in order to obtain a permit to conduct a public fireworks display, you must file an application with the State Fire Marshal at least five days prior to the date that the display is scheduled to be conducted. Public fireworks display permit applications must include the name of the specific proposed operator of the display and provide a brief resume of the fireworks-related experience of the applicant. Additionally, applicants must provide proof of insurance coverage for both property damage and personal injury with minimum coverage limits of $10,000. Failure to comply with Indiana insurance minimum coverage laws is punishable as a Class A misdemeanor.
Manufacturing, Wholesalers and Distribution of Fireworks
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Fireworks manufacturers, wholesalers and distributors must submit an application for a permit specifically describing the items that will be sold, transported or manufactured. A written certification of compliance with Indiana fireworks regulations is also required. Along with the submission for a permit, applicants must submit payment of a registration fee in the amount of $1,000.
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Consumer Retail Fireworks
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Prior to offering fireworks for sale, retailers must obtain a permit from the local fire marshal. No one can be employed at a retail fireworks stand who not at least 16 years of age. Indiana law specifically prohibits the sale of fireworks from a motor vehicle.
Federal Fireworks Laws
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Federal fireworks laws and regulations are administered and enforced by the United States Consumer Product Safety Commission. Fireworks that are classified as explosives are also regulated by the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Some of the specific types of consumer fireworks that are prohibited by federal law include M-80s, cherry bombs and salutes.
Local Regulations
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Indiana law provides that municipalities may enact ordinances limiting the use of fireworks further or may prohibit the sale or use of fireworks altogether. Local laws can also require additional insurance liability coverage for fireworks manufacturers, distributors, wholesalers and display operators up to a maximum coverage of $100,000. Generally, local ordinances can regulate and limit the location of fireworks retailers, wholesalers, distributors and manufacturers of fireworks. Ordinances may generally also limit the days and hours of operation of consumer fireworks retailers.
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References
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