Delaware's current fireworks laws have led to confusion among consumers and noncompliance, with individuals frequently using fireworks outside of legally permitted days. Many consumers are unaware they are breaking the law, while those who knowingly violate it face fines too low to serve as a deterrent. This results in ongoing nuisances for neighbors, increased risks of bodily harm, and heightened dangers of fires and property damage. Additionally, out-of-state retailers advertise illegal fireworks in Delaware without consequence, further misleading consumers. The absence of a registration process for fireworks retailers limits the State Fire Marshal’s ability to oversee the sale and distribution of these potentially hazardous products. This bill strengthens enforcement by increasing fines, regulating sales through a permit system, ensuring consumer awareness through required safety information, and generating revenue for the Fire Marshal’s office to improve oversight and public education.
This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
Statutes affected: Original Text: 16.6901, 16.6903, 16.6905