Delaware is one of the strictest fireworks states in the country. Title 16, Chapter 69 of the Delaware Code bans virtually all consumer fireworks. A 2019 amendment created a narrow exception allowing wood-stick or wire sparklers and ground-based non-aerial sparkling devices, but they may only be used on July 4, December 31, January 1, and the third day of Diwali. Aerial fireworks, firecrackers, Roman candles, and bottle rockets are illegal. Several Sussex County beach towns including Rehoboth Beach add separate municipal bans.
Fireworks in unincorporated Sussex County are governed by Delaware state law, Title 16 Chapter 69 of the Delaware Code, and enforced by the Office of the State Fire Marshal. Section 6901 prohibits the possession, sale, or discharge of any combustible or explosive composition designed for pyrotechnic display, including firecrackers, rockets, Roman candles, and similar devices. A 2019 amendment to Section 6901(c) carved out a limited exception for items that comply with NFPA 1124 (2006 edition): wood-stick or wire sparklers coated with no more than 100 grams of pyrotechnic mixture, ground-based non-explosive sparkling devices containing 75 grams or less of pyrotechnic composition per tube and 500 grams total, snakes and glow worms (20 grams or less), smoke devices, and trick noisemakers like party poppers, snappers, and drop pops (16 milligrams or less of explosive each). Under Section 6901(d), sale of these items is restricted to persons 18 years or older, and use is restricted to four days only: July 4, December 31, January 1, and the third day of Diwali. Sales windows are limited to June 4 through July 4 and December 1 through January 1. Sussex County itself does not appear to maintain a separate fireworks chapter in its County Code, so state law applies in unincorporated areas. Public displays require a permit from the State Fire Marshal under Section 6903 with at least $1,000,000 liability insurance and a 30-day advance application. Several incorporated Sussex County beach municipalities have stricter local rules: Rehoboth Beach prohibits all fireworks including sparklers under its public peace and safety code, and Fenwick Island, Bethany Beach, and Dewey Beach reinforce the state ban on their beaches and boardwalks.
Under Title 16 Section 6905, violations of the fireworks chapter are misdemeanors carrying a fine of not less than $25 and not more than $100 per offense, with justices of the peace having jurisdiction. The State Fire Marshal also notes that damage or injuries caused by illegal fireworks can result in felony charges. Local beach ordinance violations such as Rehoboth Beach carry separate municipal court fines under each town's schedule of fees and penalties.
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