Are fireworks allowed in El Paso County?

EL PASO COUNTY, Colo. (KRDO) -- Many viewers reached out to KRDO13 asking why some tents selling fireworks are open and operating. Viewers expressed confusion about whether this is allowed, since multiple wildfires are burning across the state and fireworks are illegal within city limits.

All permitted firework celebrations in Colorado Springs were also cancelled on Wednesday.

However, El Paso County provides a different perspective. The county says that all residents need to stay vigilant and make responsible decisions during the holiday weekend. They also note that the El Paso County Sheriff’s Office (EPSO) will be increasing patrol response and enforcement.

A spokesperson broke down the difference between what is allowed and what is illegal for this Fourth of July holiday. The county reiterated that any firework that leaves the ground, flies through the air, or explodes is illegal for personal use in Colorado. The county explained that this includes bottle rockets, aerial shells, roman candles, firecrackers, cherry bombs and M80-type devices. They say these fireworks carry the most risk to people, to property, and to the first responders who must respond when something goes wrong.

In unincorporated El Paso County, the small, non-explosive items that stay on the ground are still allowed under Colorado law. These include fountains, ground spinners, wheels, sparklers, glow worms and small devices that send sparks only a short distance upward.

The county says that these fireworks are specifically designed to remain on the ground and not explode, reducing the risk of hot debris being launched into dry vegetation or onto rooftops.

Even when using permissible fireworks, officials say users should operate them only in cleared areas, away from dry fuels, and with water or extinguishment tools readily available, the county reminds.

The county is asking residents to remain vigilant as weather and vegetation conditions vary throughout the county and can change rapidly. They ask residents to be mindful of their surroundings and use legal fireworks only in safe conditions. As part of that, the county is asking people not to use the legal fireworks if Red Flag or High Wind warnings are in effect during the holiday weekend.

The county is urging residents and visitors to exercise personal responsibility, follow all current fire restrictions, and review the latest guidance from EPSO.

On Monday, EPSO implemented Stage 2 fire restrictions. In that announcement, the sheriff's office also noted that the Board of El Paso County Commissioners has the power to restrict the use and sale of fireworks through a resolution. As of Thursday, the county has not adopted a resolution to do so through Ordinance No. 22-00. This means that the use and sale of permitted fireworks are allowed in the county.

Residents expressed worry about potential wildfires, while a local fireworks business acknowledges the community's fears even as it faces slower sales.

The county's decision comes amid a season of minimal rainfall, leaving grass and trees dry and creating what some residents describe as a tinderbox environment. Debra Horton, an El Paso County resident, expressed significant concern regarding the county's policy.

"My feelings are that we're scared. I'm worried about it out here," Horton said.

She added that the abundant open land in the county, combined with a lack of a ban, draws people from Colorado Springs to shoot off fireworks in El Paso County.

"Colorado Springs, Pueblo, Teller County, they're all stopping this and they're stopping the big fireworks. So why would we even do fireworks out here at all? It's too dry." Horton continued, "It's scary what's going down there in Beulah; it's terrifying. I don't want it to be terrifying out here."

Horton said she wrote to her county commissioner and the sheriff, questioning their responsibility if property is damaged. She said they are being negligent for allowing fireworks to be sold.

She urged officials to reconsider their stance, saying, "Have a heart. We're worried about our land. We're worried about our homes."

She also voiced concerns that many firefighters are currently assisting with other fires, which could stretch resources thin if a wildfire were to ignite in El Paso County.

Meanwhile, Breanna Gorman, an employee at a local fireworks business, whose family has operated the business for approximately 50 years, noted a significant slowdown in sales.

"So far, we have very much noticed that it's been pretty slow," Gorman said, attributing the decrease to wildfire concerns.

She explained that typically, by July 2, two registers would be operating continuously due to high demand, which has not been the case this year. Gorman expressed understanding of residents' concerns.

"I don't disagree with those people at all because, I mean, it's their right. It's their, you know, their feeling of like, you know, this is our home. You know, we don't want to, you know, have anything get destroyed or anything. So I totally understand the concern for it. I really do," shared Gorman.

While acknowledging the business impact, she said that the concern for the state is more of an issue.

Residents tell KRDO13 they have contacted commissioners and the sheriff's department, with some discussing the possibility of recall efforts for officials they believe are not taking the situation seriously.

The county says that since this is a meaningful year to celebrate our nation’s history, they believe that by staying vigilant and making the right decisions, everyone can enjoy a safe Independence Day.

KRDO13 reached out to the county about the resident concerns, and they offered this response:

State law grants the Board of County Commissioners (BoCC) the authority to restrict the use and sale of permissible fireworks. Ordinance 22-001, passed by the BoCC in 2022, delegates that authority to the El Paso County Sheriff, as the County’s Fire Warden, for most of the year. However, state law does not allow the Board to delegate that authority between May 31 and July 5. During that period, the law requires the Board to adopt a formal resolution finding a high fire danger supported by competent evidence in order to restrict the use or sale of fireworks. The ordinance itself does not create any additional local requirements for adopting a resolution during that May 31–July 5 period; it simply complies with state law.    

Because the Board relies on the Sheriff, in his role as Fire Warden, to assess fire conditions, available resources, and operational needs throughout the year, our established practice is to work with his office if a resolution is needed during this period. This is typically addressed earlier in May, but recent changes in weather and fires occurring throughout the state prompted further discussion with the Sheriff. The statement sent out yesterday focused on the enforcement of illegal fireworks and the risk posed to residents.   

Several factors were considered by county leadership, including current fire conditions within El Paso County, the fact that fireworks posing great risk are already illegal (mortars, rockets, Roman candles, etc.), and that permissible fireworks are limited to small, nonexplosive items (fountains, sparklers, ground spinners, etc.). Timing, the ability to clearly communicate with the community, the reality that many residents have already purchased permissible fireworks, and other practical challenges were also taken into account. In addition, when large legal displays are canceled, some individuals may seek alternative ways to celebrate, which may create additional risks.   

We need to support the Sheriff’s Office in prioritizing responding to illegal fireworks use that presents great risk to all residents. If permissible fireworks were suddenly prohibited, it would likely result in a high number of calls reporting activity, overwhelming 9-1-1 and pulling attention away from the illegal fireworks that require enforcement and other life-threatening emergencies.    

This is why the statement yesterday focused on illegal fireworks and asking residents to be mindful of their surroundings and use permissible fireworks only in safe conditions. We also ask residents to refrain from using permissible fireworks if Red Flag or High Wind warnings are in effect during the holiday weekend.     

In addition, cities and local fire protection districts within El Paso County may also have implemented restrictions on the use of fireworks within their jurisdictions, based on their local codes, independent of Board of County Commissioners action.  

- A spokesperson for El Paso County

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