Read This Before Making Plans To Set Off Fireworks

June 24, 2026

State Sen. Bryant Richardson

Anyone planning to celebrate the 250th anniversary with fireworks on July 4 needs to be aware of a bill to further regulate their sale and use.

Under a bill, the fines for violating the law regulating fireworks will be substantially increased.

House Bill 63 passed in the House on March 17 with 38 yes votes and is on the Senate agenda for Tuesday, June 23.

(This column was written on Monday, June 22. The bill was passed in the Senate and awaits the Governor's signature.)

The following was taken from the bill’s synopsis:

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.

At the committee hearing in the Senate, Senator David Sokola said that he is not usually supportive of legislation restricting fireworks because many people enjoy using them to celebrate holidays and special occasions.

Senator Nicole Poore agreed with that sentiment but noted that certain restrictions are necessary, particularly for individuals with disabilities and others who may be adversely affected by fireworks.

A permit fee of $100 must accompany each application to sell fireworks.

For retail locations that consist of temporary structures, including tents, stands, or other structures, an inspection fee of $25 is required for inspection of the physical structure, and a separate inspection fee of $25 for inspection of the fireworks inventory.

Any person who fails to obtain a permit required under this section is subject to a penalty of $1,000 for a first violation, $5,000 for a second violation, and $10,000 for any subsequent violation.

Generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day.

Diwali in 2026 will be celebrated on Sunday, Nov. 8. The festival, known as the “Festival of Lights,” symbolizes the victory of light over darkness and is observed by Hindus, Sikhs, and Jains.

Setting off fireworks illegally in Delaware carries a fine of up to $100 for a first violation. HB 63 would increase fines to a maximum of $250 for a first offense.

The fine for a second violation would range from $250 to $500; further offenders could face fines up to $1,000.

All money derived from permit fees, license fees, and civil penalties under this chapter shall be placed in a special fund to be used by the Office of the State Fire Marshall for enforcement and public education.

No matter what the laws says, please use caution if you plan to set off fireworks.

Keep children away from the fireworks and be courteous to those in your neighborhood who may be uncomfortable around fireworks.