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Commissioners review fireworks permit rules, enforcement limits under state law

2139613 · January 23, 2025
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Summary

County staff reviewed Article 54 of Chapter 14 of the North Carolina General Statutes and the fire code governing public displays and permits; staff said illegal displays are misdemeanors but enforcement requires catching violations in the act and the city of Goldsboro handles permits within its limits under a delegated resolution.

Wayne County commissioners discussed the county’s process for approving fireworks permits, enforcement limits under state law and the delegation of permit approval to municipal partners.

A county staff member told the board the county follows Article 54 of Chapter 14 of the North Carolina General Statutes and the North Carolina fire code when reviewing applications for pyrotechnic displays. For organized public displays, staff said applicants must submit an application, a plan that complies with the fire code and proof of required liability insurance; the inspections department reviews plans and makes a recommendation to the board when required.

“Violation of Article 54 is a misdemeanor,” the staff member said, adding that enforcing illegal fireworks is typically a criminal matter handled by law enforcement and that officers generally must observe the violation to charge someone. The staff member noted the board previously passed a resolution delegating approval authority to the City of Goldsboro for events within city limits; all other municipalities remain under county approval.

Board members asked how the statute treats consumer fireworks versus professional public displays. Staff said the statute is triggered mainly by the type of device and the height it reaches: consumer fireworks sold in-state typically do not trigger the permitting requirement; displays that reach a certain height or involve professional-grade pyrotechnics do.

At least one commissioner and staff noted enforcement is difficult if the person setting off illegal fireworks is gone before officers arrive; staff also reported a public-records request about New Year’s Eve incidents involving illegal fireworks. The transcript records no change in county policy at the meeting.