Fireworks

DELAWARE - The Delaware House passed a bill Tuesday aimed at strengthening state laws and regulations around fireworks use and sale.

The three lawmakers who sponsored the act say the first state's firework laws have led to confusion among customers. The bill looks to increase fines, regulate firework sales through a permit system, ensure customers understand the limitations of when to use the fireworks through required safety information, and generate revenue for the Fire Marshal's office to improve oversight and public education. 

“The widespread, illegal use of fireworks in Delaware has been an issue for some time now... after reaching out to the State Fire Marshal, I learned that the issue is due to a lack of public awareness of state law on fireworks and misleading advertisements from out-of-state retailers,” says Rep. Madinah Wilson-Anton, the main sponsor of the bill.

The sale or possession of fireworks was illegal in Delaware until 2018. Now, the current law allows for buying and selling fireworks on specific days of the year. Sparklers and ground-based displays can be used on July 4, the third day of Diwali, Dec. 31, and Jan. 1. These fireworks can only be bought by someone 18 years old or older in the 30 days before those four holidays.

Firework misuse and/or illegal possession are currently misdemeanor crimes that can result in a fine of up to $100. The new bill looks to bump the fine for the first violation up to maximum $250. It also adds second violations could result in a fine between $250 to $500, and subsequent violations after could be fined up to $1000.

The bill would force all fireworks advertisements to have a warning that the use of fireworks is generally illegal without a permit in Delaware. Advertisers who do not follow this would be subject to a civil fine of $1,000 for each violation.

To further control the sale of fireworks in the state, the bill also would also require all fireworks retailers in Delaware register with the Office of the State Fire Marshal 60 days before the legal selling period, and pay a $100 permit fee.

An inspection fee of $25 would also be required for the inspection of temporary-structure retail locations, such as tents and stands, and an additional $25 for an inspection of their fireworks inventory. 
 
Any person who fails to obtain a required permit to sell would be subject to a penalty of $1,000 for a first violation, $5,000 for a second violation, and $10,000 for any subsequent violation.
 
All money obtained in the form of permit fees, license fees, and civil penalties would be used by the Fire Marshal for enforcement and public education programs.
 
“House Bill 63 is an excellent opportunity to increase fire and life safety throughout the State of Delaware by raising awareness and understanding of consumer fireworks,” says John W. Rudd, Delaware State Fire Marshal.
 
The bill now heads to the Senate for consideration. If passed and signed into law by Governor Meyer, the bill would take effect Jan. 1, 2027.