Since 2018, when Delaware broke its long-standing ban on fireworks, a wide variety of pyrotechnics have been sold at dozens of stores and pop-up outdoor locations throughout the state.
However, many of the products being purchased violate state law. A bill (House Bill 63, as amended) passed by the State House of Representatives earlier this week aims to address confusion over the state’s nebulous fireworks law.
Under the Delaware Code, fireworks may only be sold 30 days before Independence Day, the third day of Diwali (a religious festival occurring between mid-October and mid-November), New Year’s Eve, and New Year’s Day. And they can only be used on those four holidays.
Perhaps the most confusing aspect of the current law is which types of fireworks are legal in the First State.
According to material published by the Delaware State Fire Marshal, permitted products are limited to “ground-based fireworks,” including spinners, fountains, jumping jacks, ground blooms, and sparklers. Aerial and explosive fireworks of any type are still banned, including bottle rockets, firecrackers, Roman candles, and “any other device that explodes or shoots into the air.”
House Bill 63, as amended, would require disclosures to consumers at the time of sale, advertising disclaimers, establish retail and wholesale permits, and mandate inventory safety inspections.
The Fire Marshal would use funds generated from registration and inspection fees to ensure compliance, provide education, and raise public awareness.
The bill passed 38 to 1 in the House and is awaiting consideration by the Senate Corrections & Public Safety Committee.
