After the General Assembly quietly passed legislation allowing some type of fireworks and devices appeared in stores, questions have popped up on the types of devices that are legal.
The State Fire Marshal’s office, no fan of fireworks, issued the following details. In the past, fire officials had reminded residents around that Fourth of July that all fireworks are illegal.
Delaware was one of the last states in the union with a total ban, thanks in part to the influence of state’s fire services. Delaware has one full-time fire department.
The City of Newark continues to ban all fireworks, including sparklers and holds a well-attended display on the 4th, weather permitting.
Under the revised law:
- Certain fireworks as defined in Title 16/Chapter 69 are illegal to possess, sell, or use in the State of Delaware. This includes firecrackers and aerial displays.
- Sparklers and ground-based items may be purchased by someone that is over 18 years old and sold in Delaware only on these dates: June 4th– July 4th, and December 1st– January 1st.
- Sparklers and ground-based items may only be used in Delaware on July 4,December 31, and January 1 only.
In issuing the advisory, the office noted that “fireworks can cause serious injuries or death. Projectiles from exploded fireworks can cause eye injuries, burns, and amputations of fingers. An estimated 11,900 people were treated in the nation’s hospitals in 2015 for injuries related to the use of fireworks. The highest number of injuries (8,000) occurred around the July Fourth holiday.
Penalties for the misuse of fireworks or possession of illegal fireworks are misdemeanors subject to a fine. Damage or injuries caused by the use of fireworks can result in felony charges. The Fire Marshal’s office suggests attending fireworks displays set off by professionals.
The Fourth of July has always been a noisy affair in Delaware, which is surrounded by states that permit fireworks.
Neighboring Pennsylvania further loosened its laws to allow for aerial displays that have been known to cause fires and burns when misused. Devices, according to manufacturer Phantom Fireworks, can go up to 180 feet in the air at a price that can run $200. Phantom warns that extreme caution and open space is necessary for aerial displays.
Maryland law appears to be mirror the Delaware statute, with some municipalities outlawing all fireworks.
Click on this story from WHYY for further information on fireworks laws in New Jersey, Delaware, and Pennsylvania.
