Del. committee releases bill to tighten fireworks sales, require retailer registration

The House Public Safety and Homeland Security Committee on Oct. 12 voted to release House Bill 63, sponsored by Representative Wilson Anton, a bill that would tighten state oversight of consumer fireworks sales, add advertising requirements and require retailer registration with the State Fire Marshal’s Office.

The bill would require sellers of consumer fireworks to register and obtain permits, create modest fees to support inspections, and expand advertising rules so consumers are better informed about when fireworks are legal to use and buy in Delaware, Representative Wilson Anton said. "I even did a little bit of reconnaissance and went over the border to Pennsylvania and tested it out to see what it's like to buy fireworks," Anton said, describing constituent-concerned enforcement gaps.

The measure responds to safety concerns and a pattern of fireworks-related injuries and fires, officials said. John Rupp, Delaware’s state fire marshal, told the committee the intent is educational rather than punitive. "We're not looking to arrest everybody. We're not looking to shut down everybody," Rupp said, adding the proposal is intended to protect citizens and allow routine safety inspections of temporary sales tents and retail locations.

Assistant State Fire Marshal Mike Cacio said consumer fireworks have sent people to emergency rooms and started house fires. "I've been to plenty of fires, started by fireworks," Cacio said, and described two categories of displays: commercial public displays handled by licensed pyrotechnicians and consumer fireworks sold to individuals.

Under the bill as discussed at the hearing, the State Fire Marshal’s Office would be able to register and inspect temporary tents and permanent retailers that sell consumer fireworks. The fire marshal's testimony said tent vendors currently submit a $20 tent application and wholesalers would pay a $100 fee; the marshal contrasted Delaware's proposed wholesaler fee with a $750 wholesaler fee in Maryland to underscore the committee's stated intent that fees be modest and not punitive. The marshal also said larger retail facilities generally have sprinkler systems and that structures larger than 6,000 square feet require sprinkler protection.

The committee heard that consumer fireworks are currently legal in Delaware on four dates: July 4, the third day of Diwali, Dec. 30 and Jan. 1. Representative Anton said the bill originally proposed shortening the pre-sale window from 30 days to 15 days but that, after discussions with industry and the fire marshal’s office, the window as drafted remained unchanged to preserve selling feasibility for retailers.

Representative Melissa Manton expressed concern about ensuring penalties were sufficient to deter people who already spent money on fireworks from setting them off illegally. "If the penalty is low enough ... it's really not a high enough penalty to encourage someone to go ahead and not set those fireworks off," she said.

An industry representative who identified herself as Kim Williams told the committee the industry does not object to the fines or fees as drafted and asked for further clarification about differing permit requirements for brick-and-mortar stores versus temporary fundraising tents. "We've got a couple little things in terms of the permits ... that we'd like to continue to work on," Williams said, adding industry expects to meet with the fire marshal’s office for follow-up discussions.

Committee members agreed to release the bill from committee for further consideration. Vice Chair Odzinski offered a motion to release House Bill 63; Representative Ortega seconded the motion, and the chair announced the motion carried by roll-call vote (tally not specified in the committee transcript). The committee also adjourned following routine business.

Public comment at the meeting included one in-person speaker; no virtual public comments were submitted during the hearing.

What happens next: If House Bill 63 receives the requisite signatures for release, it will be posted to the General Assembly website and may be scheduled for consideration on the House floor during session.