Delaware law sets permits and warnings for fireworks sellers

The law limits who may sell certain small fireworks, when they may be sold, and when they may be used. The limits cover sparklers, certain small sparkling devices, snakes, glow worms, smoke devices, and small trick noisemakers. The text identifies these items as excepted under subsection (c). Their storage, sale, and possession must follow rules set by the State Fire Prevention Commission. Sales are limited to the 30 days before and including the days when use is allowed.

Fireworks sellers must apply for a sale permit for each retail location and sales period. This applies to anyone seeking to sell fireworks or related products under § 6901. Each application requires a $100 fee. Temporary sales sites also require a $25 structure inspection fee and a separate $25 inventory inspection fee. Applications are due 60 days before the 30-day sales period. The periods are tied to July 4, Diwali’s third day, December 31, and January 1.

People advertising covered fireworks must include warnings, and sellers must give buyers written notices for covered products. The advertising rules cover retailers, manufacturers, and others advertising fireworks in Delaware; sale notices apply to the products described in the text. Ads for aerial fireworks have specific warnings, while most other fireworks ads must mention legal use dates, limits, and permits. Billboards have their own warning. Sale notices vary by product and whether it may be used without a permit.

People supplying fireworks to Delaware retailers must hold a wholesale license. This applies to anyone shipping, advertising, offering for sale, or supplying fireworks to a Delaware retailer. Applicants must pay a $100 fee. The license must be renewed with a new application and fee each year. Each license is valid for one year.

Fireworks violations can bring fines, and a person with three or more violations loses authorization under the chapter for one year. These consequences apply to people who violate the fireworks chapter, including permit holders. Fines are up to $250 for a first violation, $250 to $500 for a second, and up to $1,000 for later violations. A person’s permit or license is void upon conviction of a third or later violation. The one-year period starts on the conviction date for the third or later violation.