Independence Day is a major fireworks holiday, with temporary fireworks stands often setting up in the weeks preceding July 4.
Fireworks can present significant challenges to safety and to property, with the National Fire Protection Association recording more than 19,500 fires started by fireworks every year, and so some cities take steps to regulate them.
Fireworks Prohibited Zones
State law does not allow municipalities to pass ordinances prohibiting or criminalizing the use of fireworks, so an important part of any municipal regulatory effort is making sure that local ordinances do not conflict with state law.
SC Code Section 23-35-175 allows for the creation of Fireworks Prohibited Zones. Both municipalities and property owners may establish such zones. Municipalities also have the authority to regulate the times when fireworks may and may not be discharged — for example, setting an hour in the evening after which they cannot legally be fired.
A 2011 South Carolina Attorney General opinion noted that local officials should be careful to make violations of local fireworks ordinances punishable only with civil penalties, much like the penalties found in smoking prohibitions. Legal precedent, the opinion said, finds local regulation is unreasonable if it effectively bans something that is legal under state law.
Fireworks sellers
While local governments are empowered to regulate the discharge of fireworks, such as restricting it at certain places or certain times, they are generally prohibited from regulating the manufacture, storage and sale of fireworks. Those functions are delegated to the State Board of Pyrotechnic Safety and the State Fire Marshal. The board's staff also performs inspections and receives complaints.
The board’s website, has a licensee lookup feature and also provides the state laws and regulations for pyrotechnics as well as the National Fire Protection Association’s code for all pyrotechnic-related activities.