ROCHESTER, N.Y. — When neighbors light up their lawns with sparks and colored smoke in the greater Rochester area and 30 other New York counties this Independence Day, chances are they're doing it legally.

Shooting off fireworks as a private resident has been illegal in New York since 1940, and firework definitions were expanded in 1997, meaning New Yorkers haven't set off much more than a party popper for almost a decade.

But the state relaxed firework laws this year to allow "sparkling devices," which are ground-based fireworks that spew sparks, colored smoke or crackling noises. Counties have to opt in for fireworks sales and, so far, 31 have.

Stores in counties that opt into amended state laws can sell a variety of these fireworks during certain times of the year.

"When they became legal here, we actually just jumped on it and it's been going great ever since," said Barely Legal Fireworks owner Jason Guck, who set up a fireworks tent in a shopping plaza in Ontario last week. When he opened at midnight June 20, a line of eager customers had already snaked around the tent.

Residents who buy larger fireworks in Pennsylvania, where sale to New York residents is legal, are still subject to penalties if they set those fireworks off in New York backyards. Delaware, Massachusetts and New Jersey are the only remaining states with full fireworks bans.

Guck helped man the family fireworks business tents in Pennsylvania as a middle-schooler. By Wednesday in Ontario, he'd sold completely out of bamboo stick sparklers and several other firework types.

The difference between legal and illegal fireworks can be confusing, but it's all about whether the device stays on the ground, Guck said.

"These are just sprays of sparks," he said. "With stuff that is illegal, it launches, and then you hear a 'poof' and a loud report, and it's up in the sky a couple hundred feet."

Guck's larger fireworks can spray sparks 12 feet into the air, but you won't see anything reminiscent of your local town fireworks display on his shelves — fireworks such as rockets, Roman candles and mortars are all off limits.

Ontario residents Ken and Pam Hawkins decided to hold an early Fourth of July party after discovering Guck's tent earlier this week.

"I saw it and said, 'This can't be real,' " said Ken Hawkins. After several friends on Facebook confirmed the legality of the fireworks, Hawkins took home a load of assorted pyrotechnics for a family party.

"This brings back a lot of memories … it's like being a kid again," he said, remembering shooting off rockets in his yard as a child. He's hoping current neighbors will notice the fireworks and come join the fun. "It'll be a blast," he said.

Only residents 18 and older with valid identification can buy fireworks. Sparkling device fireworks can only be sold during certain days in the allowed counties — sales are legal only from June 1 to July 5, and again from Dec. 26 to Jan. 2.

Any law enforcement officer can administer the appropriate penalty for illegal fireworks, said Trooper Mark O'Donnell, a New York State Police public information officer. The fine for possession of illegal fireworks is a maximum of $250; possessing fireworks valued at $50 or more is a class B misdemeanor, meaning a fine of up to $500, according to state law.

The top priority among law enforcement is safety, he said — "Sparklers don't physically explode, but they can cause serious injury. One person getting hurt with fireworks is too many."

Firework injuries definitely peak over the Fourth of July holiday, but usually they consist of minor burns, said Bryan Gargano, medical director of Rochester General Hospital's adult emergency department.

"Usually we don't see anyone losing digits. ... The challenge with fireworks is they're pretty hot so you will get some third-degree burns," Gargano said, adding that sparklers burn at a minimum of 1,200 degrees Fahrenheit.

The hospital sees two to three severe firework-related injuries per year, he said.

While legalizing sparkling devices may seem lame to fireworks enthusiasts, it's a promising move toward more relaxed fireworks rules, said Guck.

"This a great first step," he said. "I hope they do legalize the big stuff, but I'm happy with this for now."

Safety tips for fireworks use

The (Westchester County, N.Y.) Journal News

• Obey all local laws regarding the use of fireworks.

• A responsible adult should supervise all firework activities. Never give fireworks to children.

• Alcohol and fireworks do not mix.

• Light one firework at a time and then quickly move away.

• Never place any part of your body over a device when lighting.

• Use fireworks outdoors in a clear area; away from buildings and vehicles.

• Never relight a dud. Wait 20 minutes and then soak it in a bucket of water.

• Always have a bucket of water and charged water hose nearby.

• Never carry fireworks in your pocket or shoot them into metal or glass containers.

• Do not experiment with homemade fireworks.

• Dispose of spent fireworks by wetting them down and placing them in a metal trash can away from any building or combustible materials until the next day.

Sources: National Council on Fireworks Safety, Putnam County Executive's Office.