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Fireworks Permits and Use

Fireworks in downtown Indianapolis

Fireworks in downtown IndianapolisGenerally speaking, the State Fire Marshal enforces laws governing the use, possession, shipment and sale of fireworks in Indiana. See Indiana Code 22-11-14. These laws require:

  1. manufacturers, wholesalers, importers, and distributors to obtain a certificate of compliance in order to sell fireworks at wholesale, offer to sell fireworks at wholesale, or ship fireworks or cause fireworks to be shipped into Indiana;
  2. retailers to obtain a certificate of compliance in order to sell consumer and section 8(a) fireworks from tents and other structures;
  3. retailers selling section 8(a) items from temporary stands to obtain a fireworks stand retails sales permit;
  4. a permit to conduct a supervised public display of fireworks (which allows possession, transportation, and delivery of special fireworks); and
  5. use of fireworks to be limited to adults (or under the supervision of an adult) at specific dates, times, and locations.

For more information about these and to apply for a permit or certificate of compliance, review the information below.

Apply for a Fireworks Permit

Most fireworks permits are valid for a full calendar year (January 1 through December 31) and must be renewed annually. If you have questions about fireworks permits, contact the Code Enforcement Section at codequestions@dhs.in.gov.

General: Required Information

If you are applying for a permit at a location that has previously been used for fireworks, but not by your company, call the Code Enforcement Section at 317-232-1407 before applying online.

  • Information about the fireworks seller
  • Information about location of the fireworks store
  • Fireworks seller contact information
  • Inspection date requested and operating hours (as applicable)
Public Displays: Required Information

Before starting the application, contact the fire department having jurisdiction before your shoot, for "site approval" and to verify the fire department's physical address and correct email address. After the fireworks permit is processed, it will be emailed to the responding fire chief on your application.

  • Information about the fire display owner
  • Information about location of the display shoot
  • Display contact information
  • Event dates and times for the display(s)
  • Electronic copy of the shooter resume

Fireworks store

Other Requirements

Fireworks store

  • Keep all the information at hand when filing. If the web application times out, all information must be retyped.
  • To use the online service, instant access and credit card fees will apply that are separate from the normal fees.
  • Apply for all permits at the same time to avoid repeated fees.
  • If you sell consumer fireworks at retail in Indiana, you will be required to collect retail sales tax (7% of gross retail income) and the Fireworks Public Safety Fee (5% of gross retail income). Once your fireworks permit is issued, you will automatically be registered to collect the public safety fee. If you have not registered your location for retail sales tax, start the process.

Apply online
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Coming Soon: New Customer Service Platform

Code Enforcement operations will be transitioned to a new Salesforce-based customer service platform: IDHS Services Gateway. ...

At a Glance
  • Phase 1 will involve all Code Enforcement operations currently conducted in PSP.
  • Phase 1 will launch in 2022.
  • All previous Access Indiana credentials remain valid.
  • Code Enforcement business in the DFBS system is not impacted.

Business conducted within the Public Safety Portal (PSP) related to the Indiana Department of Homeland Security's (IDHS) Code Enforcement operations will be transitioned to a new Salesforce-based technology platform: IDHS Services Gateway. Once this transition is complete, any Code Enforcement customer activities that are currently performed in PSP will be discontinued, and customers will be required to use their Access Indiana accounts to perform those activities in IDHS Services Gateway. While planning is underway to eventually transfer all transactional business with IDHS to the Salesforce platform, the first phase of this project deals specifically with only the Code Enforcement operations now taking place in PSP, including but not limited to: amusement and entertainment permits, fireworks permits, and building inspections and violations.
Note: Any Code Enforcement operations or customer activity currently conducted in the DFBS system will continue unchanged for now.

The IDHS Services Gateway will provide IDHS with an array of exciting new tools to deliver the quality service and system dependability that represent the core mission of IDHS. We look forward to providing Hoosiers with an intuitive, user-friendly experience and offering solid engagement with IDHS and its staff through this new platform.

Thank you for your patience during this transition.

At a Glance
  • Phase 1 will involve all Code Enforcement operations currently conducted in PSP.
  • Phase 1 will launch in 2022.
  • All previous Access Indiana credentials remain valid.
  • Code Enforcement business in the DFBS system is not impacted.

Details

  • Manufacturers, Wholesalers, Importers and Distributors

    A certificate of compliance must be obtained from the Indiana State Fire Marshal to operate as a manufacturer, wholesaler, importer or distributor within Indiana. See Indiana Code 22-11-14-5(d). Applications must be submitted, annually, before June 15 and expire on December 31. The fee for a certificate of compliance is $1,000 per permit.

    In addition to applying for a certificate of compliance, manufacturers, wholesalers, importers or distributors must submit a list containing the name and address of each retail location of each of their customers to the Indiana State Fire Marshal on or before June 1st of each year. Interstate wholesalers also must keep a record of each sale of special fireworks.

    Upon receipt of the application and fee, the Division of Fire and Building Safety staff will perform an inspection to determine compliance with Indiana Code Chapter 22-11-14. If compliance is established, a certificate of compliance will be issued. A certified copy of this certificate must be posted at each location where fireworks are offered for sale to the public. However, if compliance is not found, then no certificate will be issued. If a certificate has been issued and violations are later found, the certificate will be revoked.

    Please be aware, it is unlawful for a manufacturer, wholesaler, importer or distributor to sell fireworks at wholesale, offer to sell fireworks at wholesaler, or ship fireworks or cause fireworks to be shipped into Indiana unless they hold a valid certificate of compliance. Noncompliance will result in removal of all stocks of fireworks at the expense of the owner.

  • Retail Sale of Consumer Fireworks

    To sell consumer fireworks at a retail location, a certificate of compliance must be obtained from the Indiana State Fire Marshal. See Indiana Code 22-11-14-11(c). Applications for a certificate of compliance must be filed on an annual basis. See Indiana Code 22-11-14-11(a)(1). The fee for a certificate of compliance is $1,000 for the first location, and $500 for each additional sales location in a tent and $200 for each additional sales location in a structure. In addition to obtaining a certificate of compliance, retailers are also required to collect the public safety fee provided for in Indiana Code 22-11-14-12.

    Tents

    In order to sell consumer fireworks and items referenced in Indiana Code 22-11-14-8(a) from a tent, the following conditions must be met:

    1. The tent may not be larger than 1,500 square feet.
    2. A certificate of compliance must be obtained for each tent.
    3. The tent may not be located closer than 100 feet from a permanent structure.
    4. A vehicle may not be parked closer than 20 feet from the edge of the tent.
    5. The tent must be fire retardant.
    6. All zoning and land use rules must be complied with.
    7. Sale of fireworks may not be made for more than 45 days in a year.
    8. The weight of consumer fireworks may not exceed 3,000 pounds.
    9. The applicant must have operated as a retailer (which includes a resident wholesaler who supplied consumer fireworks to an applicant for a tent registration in 2005) from a tent with a registration in 2005. An affidavit and proof of sales are required to be submitted with the application.
    10. The operation from the tent must be continuous (every year) from 2005 on.

    Note: An affidavit and proof of sales is required to be submitted with the initial application.

    Structures

    In order to sell consumer fireworks and items referenced in Indiana Code 22-11-14-8(a) from a structure, the conditions of one of the following categories must be met:

    Subsection (b)(1) Structures - Pre-July 4, 2003, Fireworks Stores or Stores that Sold Fireworks Year-round
    1. The structure must have complied with the rules for a B-2 or M occupancy before July 4, 2003;
    2. Consumer fireworks must have been sold or stored in the structure on or before July 4, 2003; and
    3. No intervening non-fireworks sales or storage has occurred since July 4, 2003.

    Note: An affidavit and proof of sales is required to be submitted with the initial application. Any period of non-fireworks sale or storage after July 4, 2003, results in disqualification from this designation. Periods of no operation (vacancy) at a structure will not affect designation under this category.

    Subsection (b)(2) Structures - Pre-July 4, 2003, Structures Where the Primary Business Is Not the Sale of Consumer Fireworks
    1. The structure must have complied with the rules for a B-2 or M occupancy before July 4, 2003;
    2. Consumer fireworks must have been sold or stored in the structure on or before July 4, 2003;
    3. The structure must be at a location at which the retailer was registered as a resident wholesaler in 2005;
    4. The retailer’s primary business in the structure may not be the sale of consumer fireworks.

    Note: An affidavit and proof of sales is required to be submitted with the initial application.

    Subsection (b)(3) Structures
    • The structure must comply with the rules for an H-3 building occupancy as provided in the 2003 building code, or the equivalent classification in the subsequent edition of the building code that applies to the structure.
    Subsection (b)(4) Structures
    • The structure must comply with the rules adopted after July 3, 2003 for an M occupancy building.
    Subsection (c) Structures
    1. The structure does not qualify under subsection (b)(1), (b)(2), (b)(3), or (b)(4).
    2. The structure must be a Class 1 structure.
    3. The location must comply with all applicable local zoning and land use rules.
    4. The weight of consumer fireworks in the structure may not exceed 3,000 gross pounds.
    5. Consumer fireworks must have been sold from the structure in 2005.
    6. The structure must have been registered in 2005.
    7. The operation from the structure must be continuous (every year) from 2005 on.

    Note: An affidavit and proof of sales is required to be submitted with the initial application.

    Upon receipt of a completed application, the required fee, and any required affidavit mentioned above, the Indiana State Fire Marshal will issue a certificate of compliance for the location. However, please be aware that issuance of a certificate of compliance does not mean that violations do not exist on your property. Following issuance of a certificate of compliance, the IDHS Division of Fire and Building Safety or a local fire department (upon delegation by the State Fire Marshal) will perform an inspection of the structure covered by the certificate to ensure compliance with the applicable statutes and rules. Violations may result in fines, building closure, revocation of a certificate of compliance, and removal of stocks of fireworks possessed, transported or delivered in violation of Indiana Code 22-11-14.

    For a list of common violations, please review this document: common violations.

    Please be advised that in addition to the above requirements, all applicable building and fire safety laws adopted by the Fire Prevention and Building Safety Commission must be complied with, including weight restrictions.

  • Retail Sale of Section 8(a) ("Safe and Sane") Items From Fireworks Stands

    To sell section 8(a) items at retail, from a temporary stand, a fireworks stand retail sales permit must be obtained from the Indiana State Fire Marshal. See Indiana Code ยง 22-11-14-7. These permits are for the sale of section 8(a) items only, and only apply when the sale is not from a tent or other structure. Applications for a permit must be submitted, annually, before June 1. The permits expire 1 year after the date of issuance and shall be posted at the stand so that it may be easily seen by the public. Please keep in mind that issuance of a permit does not constitute approval of the fireworks offered for sale, and it is the retailer’s responsibility to ensure all fireworks conform to the applicable law. Permit holders must also post the certificate of compliance from the wholesaler, including a descriptive list of the approved fireworks. Fireworks may not be sold from a motor vehicle.

    Stores are allowed to sell the following section 8(a) ("safe and sane") fireworks in unlimited quantities, and they are not included in the overall weight of fireworks in stores:

    • Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed 100 grams per item. Devices containing chlorate or perchlorate salts may not exceed 5 grams in total composition per item.
    • Cylindrical fountains
    • Cone fountains
    • Illuminating torches
    • Wheels
    • Ground spinners
    • Flitter sparklers
    • Snakes or glow worms
    • Smoke devices
    • Trick noisemakers, including:
      • Party poppers
      • Booby traps
      • Snappers
      • Trick matches
      • Cigarette loads
      • Auto burglar alarms
  • Supervised Public Display of Fireworks

    Ensuring Fireworks Operations Safety: Watch in the Acadis Portal for continuing education credit.

    Ensuring Fireworks Operations Safety
    Note: Watch in the Acadis Portal for continuing education credit.

    All public fireworks displays, even those organized by local fire departments, must receive a permit issued by the Indiana State Fire Marshal, per Indiana Code 22-11-14 and Indiana Administrative Code Title 675, Article 12, Chapter 9. The permit authorizes the use of professional grade fireworks but is not effective until the local fire chief approves the operator of the show and inspects the display site to determine the display site and plan are safe.

    The permit must be received to possess, deliver and transport the special fireworks too. See Indiana Code 22-11-14-2 and Indiana Administrative Code Title 675, Article 12, Chapter 9, Section 5 (pages 49–50). In addition to the state permit, a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) license or permit may be required.

    Applications for permits must be received at least five business days before the date of a display, and the applications should include the resume of the fireworks display operator's (or operators') experience in preparing displays, igniting or discharging fireworks, implementing emergency procedures and disposing of unfired or defective fireworks.

    A common issue is that a display operator does not file for a permit at all. IDHS recommends that the chief of the fire department of the municipality in which the display is to be held take the initiative to contact the operator and make sure that a permit has been applied for. The permit issued by the State Fire Marshal will not be effective until the local fire chief has approved the operator of the display as qualified and has inspected the site of the display to determine that the display will not be hazardous to property or persons. To aid this process, fire chiefs should keep their email address updated with their municipality and IDHS to ensure the permit application information goes to the right place in a timely manner. Once fire chiefs receive notice, they should review the operator's resume and inspect the fireworks display site using the NFPA 1123 Code for Fireworks Display. Fire chiefs and fire marshals are also encouraged to take the Guidelines for Public Fireworks Displays course through the Acadis Portal and use a checklist.

    Based on state statute and NFPA 1123, the following applies for fireworks displays in Indiana:

    • If the fireworks show is for a private gathering where 1.3g fireworks are intended to be used, IDHS considers this a public display and a permit must be obtained.
      • If a permit is not obtained for a private gathering, then only consumer 1.4g fireworks can be used.
    • If a fireworks show is a traditional public display for public purposes (at baseball games or theme parks, for a city and so on), then a public display permit is required.

    Any individual who wants to possess 1.3g (special) fireworks must have a supervised public display permit. Individuals are not permitted to buy and use 1.3g fireworks for personal use unrelated to a public display per Indiana Code 22-11-14-2(f), which states that a "person may not possess, transport, or deliver special fireworks, except as authorized under [IC 22-11-14-2]." Indiana Code 22-11-14-2 authorizes the use of these fireworks for public displays only.

    In December 2019, the permit system for fireworks moved to the Public Safety Portal. Based on both statutory language and the General Administrative Rules (GAR), each display is singular in nature and requires its own separate permit for each date/shoot. Each date/shoot also requires its own separate approval by the fire chief for that municipality, regardless of whether it is a paid or volunteer fire department.

  • Use of Fireworks

    Fireworks safety tips banner
    Find more information on fireworks use, including safety tips, at the Fireworks Safety page on GetPrepared.in.gov.

    Location

    In general, consumer fireworks may only be used at:

    • Special discharge locations;
    • The property of the person using the firework; or
    • The property of another who has given the individual permission to use fireworks on their property.

    However, please note that a person who sets off fireworks, even in a legal location, may still be held liable for any resulting injuries or damage caused to another person or their property.

    Age

    Fireworks may only be used or possessed by individuals who are 18 or older unless an adult is present and responsible at the location of possession or use.

    Chart of fireworks hours of use

    Chart of fireworks hours of use

    Dates and Times

    Generally, state statute prohibits a person from igniting, discharging, or using consumer fireworks after 11 p.m. or before 9 a.m. On holidays, as defined in Indiana Code 1-1-9-1(a), a person may not ignite, discharge or use consumer fireworks after midnight or before 9 a.m. For New Year's Eve, a person can ignite, discharge or use consumer fireworks from 10 a.m. until midnight December 31 and until 1 a.m. January 1 (but not between 1 and 9 a.m. January 1).

    Please be aware local ordinances may limit the time frame for use of consumer fireworks even further. However, the following time frames are protected times when the use of consumer fireworks are not prohibited by state statute and may not be prohibited by local ordinance:

    • June 29 through July 3 and July 5 through July 9 between 5 p.m. and two hours after sunset
    • July 4 between 10 a.m. and midnight
    • December 31 after 10 a.m. until 1 a.m. January 1

    Use of Sky Lanterns

    Sky lanterns are not allowed to be released into the sky without having an anchor or being tethered so that they cannot freely lift into the atmosphere. See section 308.1.6.3 of the Indiana Fire Code, available at Indiana Administrative Code database (Article 22).

Additional Information

Fees
Fireworks Permits
Retail Stands, based on number of retail stands (nonprofits not subject to fee requirements)
1-4 $276
5-10 $552
11-20 $966
21+ $1,380
Wholesale/Consumer Retail
Wholesale $1,000
Consumer retail $1,000 (first location), $200 (per additional location)
Tents $1,000 (first location), $500 (per additional location)
Public Displays $69