low angle photo of fireworks

Fireworks Laws in Volusia County and Florida

All information provided by the county of Volusia, Volusia Sheriff, and Volusia County Fire Rescue

Looking for details on 4th of July events? Click here!

What’s the law on fireworks in Volusia County?

Florida law allows private use of fireworks on Independence Day (Fourth of July), New Year’s Eve and New Year’s Day UNLESS a local ordinance says otherwise.

Consumer-grade fireworks are banned on Volusia County’s beaches, where they not only leave a mess, they can frighten nesting sea turtles and cause birds to abandon their nests. 

Several Volusia County cities have ordinances prohibiting fireworks, and state law does NOT supersede these ordinances.

Individual City Ordinances Restricting Fireworks:


Deltona Ordinance Sec. 42-215. – Discharge of fireworks or sparklers restricted.
(a) It shall be unlawful to discharge any fireworks or sparklers within 100 feet of a temporary stand, LPG, flammable liquid or gas, storage or dispensing units.
(b) It shall be unlawful to discharge any fireworks or sparklers within 20 feet of any residence, dwelling, or other structure.
(c) It shall be unlawful to discharge any fireworks or sparklers in public rights-of-way, parks, or other public properties.
(Ord. No. 17-2004, § 1, 6-7-2004)

For the complete ordinance please click here.

New Smyrna Beach:

The NSBPD wants to remind everyone that personal fireworks are prohibited for use within the City of New Smyrna Beach (without a permit) by City Ordinance Sec. 14-303.

In short, by definition any type of firework that propels itself through the air or otherwise leaves the ground and/or explodes or makes noise in any way is not permitted for personal use within the city.

“Sparklers” that only emit a shower of sparks upon burning are permitted. For additional information on Fireworks please see Florida Statutes – Chapter 791 “Sale of Fireworks”


Sec. 12-3. – Possession, sale, etc., of fireworks unlawful.

(a) Fireworks defined. The term “fireworks” shall mean and include any combustible or explosive composition, or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, and smoke bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.

(b) Sparklers, toy pistols, toy guns, etc., permitted. The term “fireworks” shall not include sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing .025 grains or less or explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than .020 grains of explosive mixture, the sale and use of which shall be permitted at all times.

(c) Violations. Any firm, co-partnership, corporation, or person who possesses, sells or uses fireworks within the city shall be guilty of a misdemeanor in the second degree and punishable as provided by law.

Port Orange:

Find the ordinances regarding sale and possession here

Daytona Beach:

No person shall discharge, set fire to, or burn any fireworks as defined in F.S. § 791.01(4)(a) in the city. Read the rest of the city’s ordinance here

Volusia County Fire Rescue offers these safety tips for residents who purchase consumer-grade fireworks:

  • Never allow young children to play with or ignite fireworks, including sparklers.
  • Never place any part of your body directly over a fireworks device when lighting the fuse.
  • Light fireworks one at a time, then move quickly away from them.
  • If a device does not ignite, don’t stand over it to investigate, and don’t try to relight it.
  • Keep a bucket of water or a garden hose handy in case of fire.
  • After fireworks stop burning, douse them with water from a bucket or hose.
  • Finally, pick up all debris and spent fireworks.

Leave a Reply