Delaware
Delaware fireworks bill would toughen penalties for violations
Fourth of July Fireworks light up the sky at the Wilmington Riverfront
Residents and visitors gather to watch the 4th of July fireworks light up the night sky along the Wilmington Riverfront after a day of celebration.
A bill making its way through the Delaware General Assembly seeks to toughen the state’s longstanding ban on most consumer fireworks by imposing steeper penalties, regulating sales and funding public education.
Sponsored by Rep. Madinah Wilson-Anton and Sen. Majority Leader Bryan Townsend, House Bill 63 aims to clarify existing laws, deter illegal use and give the State Fire Marshal more authority to enforce regulations and prevent fire-related incidents.
If passed, the legislation would be the most significant update to the state’s fireworks laws in years. Violators of the law would be fined up to $1,000. Retailers who continue to operate without a permit could be fined up to $10,000.
Fireworks laws ignored or misunderstood
Delaware prohibits most consumer fireworks, including aerial mortars and bottle rockets. Only sparklers and ground-based fountains are permitted under specific circumstances. These items may be sold between June 4 and July 4, and again from December 1 to January 1. Use of these products is restricted to July 4, New Year’s Eve, New Year’s Day and the third day of Diwali.
Despite annual reminders, officials say many residents remain unaware of the rules, leading to widespread noncompliance and safety concerns.
Under the proposed amendments, anyone caught violating the fireworks ban could face escalating fines of up to $250 for a first offense, $500 for a second and $1,000 or more for subsequent violations. Revenue from permit fees would fund public education and support enforcement efforts.
Fireworks bill targets misleading advertising
Lawmakers also hope to curb confusion caused by aggressive marketing from out-of-state retailers, who promote banned aerial fireworks to Delaware residents through ads on TV, radio and billboards.
If enacted, HB 63 would increase fines for illegal fireworks use and create a permitting system for retailers. Under the new system, sellers would need to register with the State Fire Marshal’s Office, which would oversee compliance and ensure only permitted fireworks are sold.
Retailers operating without required permits would face a fine of $1,000 for a first offense, $5,000 for a second and $10,000 for each additional violation.
Fireworks bill aims to expand public outreach on safety concerns
The legislation also addresses safety concerns related to legally allowed fireworks. According to the State Fire Marshal, sparklers and other ground-based fireworks have caused multiple fires, often due to improper disposal.
Fire officials have warned that smoldering debris can ignite fires hours after fireworks are discharged, especially in trash bins or on rooftops where they may go unnoticed until they spread. This risk increases significantly during dry conditions.
The bill includes provisions to expand public outreach efforts, particularly around safe handling and disposal.
Fireworks legislation faces time crunch, hurdles
The bill has cleared a House committee and is headed to the House floor, where it awaits a full vote. If it passes there, it will move to the Senate. However, both chambers are in recess until Tuesday, June 10, for ongoing Joint Finance Committee hearings.
With the legislative session set to end on June 30, time is running short. Because the bill imposes a new license fee, it will require a three-fifths majority in both chambers to pass.
You can contact staff reporter Anitra Johnson at ajohnson@delawareonline.com.