Chapter 1 Adoption and Administration of Regulations
1.1 Pursuant to 16 Del.C. §6604(1), the State Fire Prevention Commission hereby promulgates these Regulations which shall have the force and effect of law in the counties, cities, and political sub-divisions of this State.
These Regulations will become effective 10 days after being published as a final regulation.
3.0 Application, Validity, Retroactivity, Limitations, Liability, and Adopted References.
Note: Exceptions No. 1 and 2: The main body of the sub-section precludes the application of the Regulations to one- and two-family dwellings in the normal maintenance and use thereof. There are occasions in the investigation of fires and explosions, and in the enforcement of life safety or property conservation, that conditions are found that are violations of the Regulations and have led to a fire incident. The exceptions provide a mechanism for the State Fire Marshal to obtain corrective action for such violations of the Regulations that have been identified in the investigative process as being a cause or circumstance in the origin of a fire incident; or that if the violation identified were left uncorrected, a negative impact on life safety or property may come about.
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Note: It is the intent of this subsection that buildings such as Buena Vista, Belmont Hall, and Woodburn need not have requirements imposed on their conversion or modification, so as to destroy their nature or character.
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Note: It is the intent of this subsection that the State Fire Marshal may utilize the standards, specifications, and Tentative Interim Amendments from the National Fire Protection Association subsequent to a promulgation of the Fire Prevention Regulations.
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Note: It is the intent of this subsection that the State Fire Marshal may utilize the standards, specifications, and Tentative Interim Amendments from the National Fire Protection Association subsequent to a promulgation of the Fire Prevention Regulations.
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Note: Notwithstanding the adopted codes and standards, when the Fire Prevention Commission promulgates a regulation, it is the intent that the regulation be applied to the full extent of the scope and application of the regulation. For example, the Fire Prevention Commission has promulgated a regulation that requires all buildings in excess of 10,000 sq. ft. to be protected throughout by an approved automatic sprinkler system (unless one of the exceptions, as specified in the regulation, can be met). It is not the intent of the Fire Prevention Commission to identify and modify each and every conflict in the adopted codes and standards.
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4.0 Review and Updating of Regulations.
5.1 Administration and Enforcement.
5.1.1 These Regulations shall be administered and enforced by the State Fire Marshal throughout the State of Delaware pursuant to 16 Del.C. Ch. 66.
Note: It is the intent of subsection 5.1.2 to provide the State Fire Marshal with a methodology for enforcement of these Regulations to separate proactive inspections of a priority nature from responses to complaints or inquires made, with the resources available to carry out the enforcement aspects of these Regulations
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5.5 Authority to Investigate Fires and Explosions.
6.1 Responsibility for Enforcement.
6.1.1 Administration and Enforcement. The State Fire Marshal shall be responsible for the administration and enforcement of these Regulations pursuant to 16 Del.C. Ch. 66.
6.2 Issuance of Code Related Documents.
6.3 Hazard Abatement Procedures.
6.5 Revocation, Suspension or Denial of Licenses, Permits, Approvals, or Certificates.
7.1.3 All appeals that originate from enforcement action by one of the Assistant State Fire Marshals, from the jurisdictions as defined 16 Del.C. §6612(c), shall be reviewed by the State Fire Marshal with the jurisdictional Assistant State Fire Marshal, to determine if, in fact, the State Fire Prevention Regulations appear to have been appropriately interpreted and applied to the case in question.
7.2 Time within which appeals may be made.
7.3 Operation of Appeal as a Stay.
7.5 Request for Continuance; Failure to Appear.
7.6.3 Appearances shall be noted in the official minutes.
7.6.4 All testimony shall be taken under oath.
8.0 Requests for a Variance or Special Exception to the State Fire Prevention Regulations.
“Accepted Engineering Practice”. That which conforms to accepted principles, tests, or standards of nationally recognized technical or scientific authorities.
“Addition” Any extension or increase in floor area or height of a building or structure.
“Alterations” As applied to a building or structure, means any change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another. Also, as applied to systems, means any change or rearrangement of any wiring, piping, part or other component, whether by extending the system; or the moving from one location or position to another.
“Alternative” A system, condition, arrangement, material, or equipment submitted to the State Fire Marshal as a substitute for a requirement of these Regulations.
“Approved” Acceptable to the State Fire Marshal. In determining the acceptability of installations or procedures, equipment or materials, the State Fire Marshal may base acceptance on compliance with NFPA or other appropriate standards. In the absence of such standards, he may require evidence of proper installation, procedure, or use. The State Fire Marshal may also refer to the listings or labeling practices of nationally recognized testing laboratories, inspection agencies, or other organizations concerned with product evaluations which are in a position to determine compliance with appropriate standards for the current production of listed items, and the satisfactory performance of such equipment or materials in actual usage.
“Approved Wasteburner” A noncombustible container in which a fire is built with no openings greater than 1/4 inch.
“Assembly Occupancy” An occupancy (1) used for a gathering of 50 or more persons for deliberation, worship, entertainment, eating, drinking, amusement, awaiting transportation, or similar uses; or (2) used as a special amusement building, regardless of occupant load. Assembly Occupancy is broken down into three (3) classes as defined below:
“Class A” Capacity of greater than 1,000 persons.
“Class B” Capacity of greater than 300 persons but not greater than 1,000 persons.
“Class C” Capacity of 50 or more but not greater than 300 persons.
“Authority Having Jurisdiction (AHJ)” "The authority having jurisdiction" is the organization, office, or individual responsible for "approving" equipment, an installation, or a procedure. In this context, it shall mean the State Fire Marshal.
“Automatic” As applied to fire protection devices, is a device or system providing an emergency function without the necessity of human intervention and activated as a result of a predetermined temperature rise, rate of rise of temperature, or increase in the level of combustion products.
“Automatic Fixed Fire Protection System” Any system which is designed and installed to detect a fire and to subsequently discharge an extinguishing agent without human activation or direction. (Excluding automatic sprinkler systems).
“Automatic Sprinkler System” For fire protection purposes, an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes one or more automatic water supplies. The portion of the sprinkler system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are attached in a systematic pattern. The valve controlling each system riser is located in the system riser or its supply piping. Each sprinkler system riser includes a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area.
“Basement” Any area that is more than 50% below the highest grade level.
“Building” Any structure used or intended for supporting or sheltering any use or occupancy. The term "building" shall be construed as if followed by the words "or portions thereof".
“Business Occupancy” All buildings used for the transaction of business (other than that covered under mercantile) for the keeping of accounts and records and similar purposes.
“Capable Of Self Preservation” As defined for use within these Regulations and in conjunction with the Life Safety Code, NFPA 101, three items must be met in order to meet this definition:
1. Individuals must be capable of recognizing a fire or other life threatening emergency;
2. Individuals must be capable of activating an alarm to alert others to the emergency; and
3. Individuals must be capable of exiting a building under normal conditions without any
assistance from others using approved fire exits only (not elevators).
“Certificate” A written document issued by authority of the State Fire Marshal to any person to engage in any operation or act for which certification is required.
“Chairperson” The presiding officer of the Commission, selected from among its members, pursuant to 16 Del.C. §6603(a).
“Combustible” Capable of undergoing combustion. A material which cannot be classified as noncombustible in accordance with that definition.
“Combustible Fiber” Any material in fibrous or shredded form which will readily ignite when heat sources are present.
“Combustible Liquids” Any liquid having a flash point at or above 100 degrees Fahrenheit shall be known as Class II or III liquids. Combustible liquids shall be divided into the following classifications:
“Class II” Liquids having flash points at or above 100 degrees Fahrenheit and below 140 degrees Fahrenheit.
“Class IIIA” Liquids having flash points at or above 140 degrees Fahrenheit and below 200 degrees Fahrenheit.
“Class IIIB” Liquids having flash points at or above 200 degrees Fahrenheit.
“Combustible Refuse” All combustible or flammable loose rubbish, litter, or waste materials generated by an occupancy which are refused, rejected, or considered worthless and are disposed of by incineration on the premises where generated or periodically transported from the premises.
“Combustible Waste” Combustible or flammable loose waste materials which are generated by an establishment or process, and being salvageable, are retained for scrap for reprocessing on the premises where generated or transported to a plant for processing, including but not limited to, all combustible fibers, hay, straw, hair, feathers, down, wood shavings, turnings, all types of paper products, soiled cloth trimmings and cuttings, rubber trimmings and buffings, metal fines, and any mixture of the above items, or any other salvageable combustible or flammable waste material.
“Combustion” A chemical process that involves oxidation sufficient to produce light or heat.
“Commission” The State Fire Prevention Commission as duly appointed and authorized 16 Del.C. Ch. 66
“Condominium” An apartment building or housing area in which the living units are individually owned.
“Design Professional” An Architect, Engineer, or Land Surveyor as defined by the statutory requirements of the Professional Registration Laws of the State of Delaware and registered to practice in the State of Delaware.
“Detention and Correctional Occupancy” An occupancy used to house one or more persons under varied degrees of restraint or security where such occupants are mostly incapable of self preservation because of security measures not under the occupants' control.
“Duration” That period of time during which the required fire flow shall be maintained.
“Dwelling” A single unit providing complete and independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
“Educational Occupancy” An occupancy used for educational purposes through the twelfth grade by six or more persons for 4 or more hours per day or more than 12 hours per week.
“Elevator” A hoisting and lowering mechanism, equipped with a car or platform, which moves in guide rails and serves two or more landings and is classified by the following types:
“Construction Elevator” An elevator being used temporarily, only for construction purposes.
“Freight Elevator” An elevator used primarily for carrying freight and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride.
“Observation Elevator“ An elevator designed to permit exterior viewing by passengers while the car is traveling.
“One- and Two-Family Elevator“ A passenger elevator which is limited in size, capacity, rise, and speed, and is installed in a one- and two-family dwelling as a means of access.
“Passenger Elevator“ An elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading.
“Existing Condition” Any situation, circumstances, or physical make-up of any structure, premise, or process which was ongoing or in effect prior to the effective date of these Regulations as amended.
“Explosive” A chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion; that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonator, of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or destroying life and limb.
“Explosive Materials” Explosives, blasting agents, water gels (slurries), and detonators (see Explosive Materials Code, NFPA 495, for a full set of definitions).
“Exposure Hazard” The condition in which a property or structure is endangered by a fire in another property or structure.
“Fire Alarm Signaling System” Any system which is designed to detect the existence of fire, and any system which is either automatically or manually activated to either audibly or visually notify anyone either on or off the property or within or without the structure of a fire condition. It shall not include systems or devices which are primarily designed to suppress or extinguish a fire.
“Fire Barrier” A continuous membrane, either vertical or horizontal, such as a wall or floor assembly, that is designed and constructed with a specific fire resistance rating to limit the spread of fire and which will also restrict the movement of smoke.
“Fire Department Connection” A connection for pumping into an automatic sprinkler system or standpipe to provide additional water supply and suitable pressure.
“Fire Door” A tested, listed, or approved door and door assembly constructed and installed for the purpose of preventing the spread of fire through openings in walls, partitions, or other horizontal or vertical construction. (See Standard for Fire Doors and Fire Windows, NFPA 80).
“Fire Hazard” Those buildings which have been damaged by fire, wind, explosion, or other causes so as to increase the risk of personal injury or property damage; or those buildings having inadequate facilities for egress in case of fire or panic, or those having insufficient features of fire protection. Also, any thing or act which increases or may cause an increase of the risk or menace of fire to a greater degree than that customarily recognized by persons regularly engaged in preventing, suppressing, or extinguishing fire; or which may obstruct, delay, hinder, or interfere with the operations of the fire department or the egress of occupants in the event of fire.
“Fire Hydrant” A valved connection on a water supply system having one or more outlets and which is used to supply hose and fire department pumpers with water.
“Fire Marshal” Shall include the Delaware State Fire Marshal, his Deputies and duly authorized representatives, as well as any Assistant State Fire Marshals appointed pursuant 16 Del.C. §6612.
“Fire Protection System” Any fire alarm device or system or fire extinguishing device or system, or their combination, which is designed and installed for detecting, controlling, or extinguishing a fire, or otherwise alerting occupants or the fire department, that a fire has occurred.
“Fire Resistance Rating” The time in hours or fractions thereof that materials or their assemblies will resist fire exposure as determined by the fire test specified in these Regulations.
“Fire Retardants” Liquids, solids, or gases which tend to inhibit combustion when applied on, mixed in, or combined with combustible materials.
“Fire Suppression System” Consists of an automatic or manual system designed to protect the interior or exterior of a building or structure from fire. Such systems include, but are not limited to, water systems, water spray systems, foam-water systems, foam-water spray systems, CO2 systems, foam extinguishing systems, dry chemical systems, halon and other chemical systems used for fire protection. Such systems also include the overhead and fire mains, standpipes and hose connections to systems, tank heaters, air lines, thermal systems used in connection with sprinklers, tanks, and pumps connected thereto.
“Fireworks Display” The use of fireworks in a manner to provide audio and visual entertainment.
“Flamespread Rating” The comparative performance of fire travel over the surface of a material when tested in accordance with the provisions of Standard Method of Test of Surface Burning Characteristics of Building Materials, NFPA 255.
“Flammable Liquids” Any liquid having a flash point below 100 degrees Fahrenheit, and having a vapor pressure not exceeding 40 psi at one hundred degrees Fahrenheit. Flammable liquids shall be known as Class 1 liquids and be divided into the following classifications:
“Class IA” Liquids having flash points below 73 degrees Fahrenheit and having a boiling point below 100 degrees Fahrenheit.
“Class IB” Liquids having flash points below 73 degrees Fahrenheit and having a boiling point at or above 100 degrees Fahrenheit.
“Class IC” Liquids having flash points at or above 73 degrees and below 100 degrees Fahrenheit.
“Floor Area, Gross” Gross floor area shall be the floor area within the inside perimeter of the outside walls of the building under consideration with no deduction for hallways, stairs, closets, thickness of interior walls, columns, or other features.
“Floor Area, Net” Net floor area shall be the actual occupied area, not including accessory unoccupied areas or thickness of walls.
“GPM” The abbreviation for gallons per minute, a unit of measurement.
“Garage” A building or a portion of a building in which one or more self-propelled vehicles carrying volatile flammable liquid for fuel or power are kept for use, sale, storage, rental, repair, exhibition, or demonstrating purposes, and all that portion of a building that is on or below the floor or floors in which such vehicles are kept and that is not separated as required elsewhere by the Regulation.
“Grade” The reference plane representing the elevation of finished ground level adjoining the building at all exterior walls.
“Ground Kettle” A container which may or may not be mounted on wheels and is used for heating tar, asphalt or similar substances.
“Hazard of Contents” For determining classification of hazard as it pertains to occupancy as referenced in the Life Safety Code, NFPA 101.
“High Hazard” High hazard contents shall be classified as those that are likely to burn with extreme rapidity or from which explosions are likely.
“Low Hazard” Low hazard contents shall be classified as those of such low combustibility that no self-propagating fire therein can occur.
“Ordinary Hazard” Ordinary hazard contents shall be classified as those that are likely to burn with moderate rapidity or to give off a considerable volume of smoke.
“Hazard of Contents” For determining classification of sprinkler systems as referenced in Standard for the Installation of Sprinkler Systems, NFPA 13.
“Light Hazard” Occupancies or portions of other occupancies where the quantity and/or combustibility of contents is low, and fires with relatively low rates of heat release are expected.
“Ordinary Hazard, Group 1” Occupancies or portions of other occupancies where combustibility is low, quantity of combustibles is moderate, stockpiles of combustibles do not exceed eight feet (8’), and fires with moderate rates of heat release are expected.
“Ordinary Hazard, Group 2” Occupancies or portions of other occupancies where quantity and combustibility of contents is moderate to high, stockpiles do not exceed twelve feet (12’), and fires with moderate to high rates of heat release are expected.
“Extra Hazard” Occupancies or portions of other occupancies where quantity and combustibility of contents is very high and flammable and combustible liquids, dust, lint, or other materials are present, introducing the probability of rapidly developing fires with high rates of heat release.
“Height” For purposes of determining building height, measurements shall be measured from the lowest level of fire department vehicle access to the floor of the highest occupiable story.
“High Rise Building” Any building that exceeds 75 feet in height.
“HVAC” Systems or components which provide heating, ventilation, and air conditioning to a building or structure.
“Incidental Use” Where the use is supplemental to the main use of the building and the area devoted to such use does not occupy more than ten percent of the area of any floor, the building shall be classified according to the main use. Additionally, where the incidental use is a higher hazard than the main use, it shall be constructed and separated by fire resistance rated construction as required in this code.
“Inclined Wheel Chair Lift” A powered hoisting and lowering mechanism to transport mobility-impaired persons on a guided platform that travels on an incline.
“Industrial Occupancy” An occupancy in which products are manufactured or in which processing, assembling, mixing, packaging, finishing, decorating or repair operations are conducted.
“General Industrial Occupancy” An industrial occupancy in which ordinary and low hazard industrial operations are conducted in buildings of conventional design suitable for various types of industrial processes
“High Hazard Industrial Occupancy” An industrial occupancy in which industrial operations that include high hazard materials, processes, or contents are conducted.
“Special-Purpose Industrial Occupancy” An industrial occupancy in which ordinary and low hazard industrial operations are conducted in buildings designed for, and suitable only for, particular types of operations, characterized by a relatively low density of employee population, with much of the area occupied by machinery or equipment.
“Inimicable Hazard” A condition or practice in an occupancy or structure that poses a danger that could reasonably be expected to cause death, serious physical harm, or serious property loss.
“Institutional Occupancy” All buildings used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity; for the care of infants, convalescents or aged persons; and for penal or corrective purposes. Institutional buildings provide sleeping facilities for the occupants and are occupied by persons who are mostly incapable of self preservation because of age, physical or mental disability, or because of security measures not under the occupants' control.
“Internal Fire Separation” A wall, floor or wall/floor assembly constructed to meet specific standards for resisting the spread of fire and smoke.
“Large Area Building” Any building that exceeds one-hundred thousand (100,000) square feet gross floor area on any one floor.
“License” An official document issued by the State Fire Marshal for the purpose of authorizing performance of an activity on an annual basis.
“Listed” Equipment or materials included in a list published by an organization acceptable to the State Fire Marshal and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner.
“Loose House” A separate detached building in which unbaled combustible fibers are stored.
“Marine Vessel” Every description of water craft or other artificial contrivance used as a means of transportation in or on the water.
“Mercantile Occupancy” An occupancy used for the display and sale of merchandise. Mercantile occupancies shall be subclassified as follows:
“Class A” all mercantile occupancies having an aggregate gross area of more than 30,000 ft2 or occupying more than three stories for sales purposes.
“Class B” as follows:
(a) All mercantile occupancies of more than 3000 ft2, but not more than 30,000 ft2, aggregate gross area and occupying not more than three stories for sales purposes.
(b) All mercantile occupancies of not more than 3000 ft2 gross area and occupying two or three stories for sales purposes.
“Class C” all mercantile occupancies of not more than 3000 ft2 gross area and used for sales purposes occupying one story only
“Mid Rise Building” Any building within the following occupancy classification that exceeds 50 feet in height and up to 75 feet in height.
Detention and Correction Occupancies
Residential to include Hotels, Dormitories, Lodging and Rooming Houses,
Apartments/Condominiums, Residential Board and Care
“Mixed Occupancies” Two or more classes of occupancy occurring in the same building.
“Mini-Storage Building” A storage occupancy partitioned into areas that are rented or leased for the purposes of storing personal or business items where all of the following apply: (1) the storage areas are separated from each other by less than a 1-hour fire resistance rated barrier, (2) the owner of the facility does not have unrestricted access, and (3) the items being stored are concealed from view from outside the unit.
“Notice” A written statement which gives an order, information, or warning.
“Occupancy” The purpose for which a building or portion thereof is used or intended to be used.
“Occupancy Change” An alteration by change of use (as defined and determined under the Life Safety Code, NFPA 101, Chapter 4) in an existing building to a new occupancy classification which imposes other provisions of law governing building construction, features of fire protection, and means of egress.
“Occupancy Classification” The various classes of occupancy as listed and defined under the Life Safety Code, NFPA 101, as adopted in Annex A of these Regulations.
“Occupied” A building is occupied at any time it is open or accessible to the public or at any time it is occupied by more than ten (10) persons.
“Owner” Any person who alone, or jointly or severally with others, shall have legal title to any building, structure, or premise with or without accompanying actual possession thereof and shall include the duly authorized agent or attorney, a purchaser devisee, fiduciary, and any person having a vested or contingent interest in the property in question.
“Patch Kettle” Any pot or container with a capacity of less than six (6) gallons, used for preheating tar, asphalt, pitch, or similar substances for the repair of roofs, streets, floors, pipes, or similar objects.
“Permit” An official document issued by the State Fire Marshal for the purpose of authorizing performance of a specified activity.
“Person” Includes an individual, a corporation, firm, partnership, association, organization and any other group acting as a unit. It shall also include an executor, administrator, trustee, receiver, or other legal representative appointed according to law. Whenever the word "person" is used in any section of these Regulations prescribing a penalty or fine as to partnerships or associations, the word shall include the partners or members thereof named in the violation notice, and as to corporations, shall include the officer, agents or members thereof named in the violation notice.
“Private Dwelling” The same as one-and two-family dwelling.
“Process” The manufacturing, handling, blending, conversion, purification, recovery, separation, synthesis or use, or any combination of any commodity or material regulated by these Regulations.
“Property Line” A line separating land or structures which defines the boundaries of ownership or responsibility.
“PSI” The abbreviation for pounds per square inch. A unit of measurement used to measure the amount of force exerted on a 1 inch square area.
“Public Accommodations” Include all occupancies available to the public for lease, hire or rental, in which there are provided sleeping accommodations, for four (4) or more persons and known as hotels; motels; rooming, lodging or boarding houses; Bed and Breakfasts, country inns, guest houses; residential board and care facilities; or such occupancies known by any other name.
“Residential Occupancy” An occupancy that provides sleeping accommodations for purposes other than health care or detention and correctional. Includes all buildings/occupancies as listed below:
“Apartment Building” A building or portion thereof containing three or more dwelling units with independent cooking and bathroom facilities.
“Dormitory” A building or a space in a building in which group sleeping accommodations are provided for more than 16 persons who are not members of the same family in one room, or a series of closely associated rooms, under joint occupancy and single management, with or without meals, but without individual cooking facilities.
“Hotel” A building or groups of buildings under the same management in which there are sleeping accommodations for more than 16 persons and primarily used by transients for lodging with or without meals.
“Lodging or Rooming House” A building or portion thereof that does not qualify as a one- or two-family dwelling, that provides sleeping accommodations for a total of 16 or fewer people on a transient or permanent basis, without personal care services, with or without meals, but without separate cooking facilities for individual occupants.
“One- and Two-Family Dwellings” Includes buildings containing not more than two dwelling units in which each dwelling unit is occupied by members of a single family with not more than three outsiders, if any, accommodated in rented rooms.
“Townhouse” A single-family unit in a row of attached units (3 or more) in which each unit extends from foundation to roof, separated by walls, between units, constructed as a Two Hour Rated (Class C) Fire Barrier Walls, separated by property lines, and with open space on at least two sides. Additionally, each unit of a townhouse shall be served by an exit directly to the exterior at grade level. When the specifications for fire rated assemblies as called for in the classification of TOWNHOUSE, ROWHOUSE, etc. are not met, then the occupancy shall be classified as a MULTI-FAMILY RESIDENTIAL or APARTMENT occupancy and shall meet all the specifications for that occupancy.
“Residual Pressure” For fire flow purposes, is that portion of normal operating pressure that is remaining in the water system while water is flowing for normal consumption demands and for either test purposes or for fire fighting.
“Restaurant” Shall include those facilities which, at all times, are primarily engaged in the serving of meals with or without entertainment. NOTE: The primary intent of this definition is to exclude as restaurants those facilities devoted entirely or in part to the serving of alcoholic beverages and providing of entertainment such as a lounge.
“Required Flow” As used in this Regulation, shall mean the necessary and/or required rate of water flow which shall be delivered to the area of need at a rate and pressure as prescribed herein. Normally expressed in gpm.
“Roofing Kettle” Any container in excess of fifteen (15) gallons capacity used for preheating tar, asphalt, pitch or similar substances for waterproofing.
“Rubbish” Shall include any solids which are highly flammable, combustible or explosive, including but not limited to rags, clothes, excelsior, leather, rubber, carpets, paper, ashes, furniture, tree clippings, grasses, leaves, vegetation, tires, and any other materials which freely burn and which have been discarded.
“SFPR” Delaware State Fire Prevention Regulations.
“Site Plan” A drawing illustrating a proposed development, change, and/or revision of a property or properties. When required by the Fire Marshal, or other sections of this Regulation, the site plan shall be prepared in accordance with the specifications of Chapter 4, Section 4.0 of this Regulation.
“Smoking” Lighting, igniting, holding, or possessing any lighted cigar, cigarette, or pipe; or carrying, throwing, or depositing any lighted or smoldering cigar, cigarette or pipe.
“Smoking Area” A designated area where smoking is permitted within premises where smoking is generally prohibited.
“Standpipe” A wet or dry fire pipe line equipped with valves, hose outlets and possibly hose extending from the lowest to the topmost story of a building or structure and designed for the specific purpose of conveying water to various parts of a building for fire fighting purposes.
“State Fire Marshal” The State Fire Marshal, his deputies and duly authorized representatives, as well as Assistant State Fire Marshals, appointed pursuant to 16 Del.C. §6612.
“State Fire Prevention Commission” The legal body duly appointed and authorized to act pursuant 16 Del.C. Ch. 66.
“Storage Occupancy.” An occupancy used primarily for the storage or sheltering of goods, merchandise, products, or vehicles.
“Story” That portion of a building included between the upper surface of a floor and lower surface of the floor or roof next above.
“Strip Shopping and/or Office Centers” Includes one-story buildings in which several tenants occupy portions of the building. All tenants have their own separate entrances from the outside, with all outside entrances on one or more “front” sides. Occupancies include, but are not limited to Business and Mercantile.
“Subdivision” The division or re-division of a lot, tract or parcel of land by any means including by means of a plan or plot or a description by metes and bounds, into two or more lots, tracts, parcels or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership or building development; provided, however, that the division of land for agricultural purposes into parcels of ten acres or more and not involving any new streets or easements of access, divisions of property by testamentary or interstate provisions, or divisions of property upon court order, shall be exempt.
“Major” A residential or industrial subdivision plan depicting the subdivision of land into two or more parcels or lots, and involving a proposed street; a plan of a materials excavation pit, multi-family subdivision, mobile dwelling park subdivision; or of a commercial subdivision containing more than three thousand five hundred square feet of gross leasable floor area and involving the development of one or more parcels or lots.
“Minor” A residential development depicting the subdivision of land into two or more parcels or lots, but not involving a new street; a plan of a commercial subdivision involving the development of one or more parcels or lots, but not containing more than three thousand five hundred nor less than one thousand square feet of gross leasable floor area; a plan of an industrial subdivision involving the development of more than one parcel or lot, but not involving a new street; a plan of an industrial or institutional subdivision involving the development of not more than one parcel or lot, but not containing less than five thousand square feet of gross floor area.
“Summarily Abate” To immediately judge a condition to be a life hazard and to order immediate correction of such condition.
“System” Several items of equipment assembled, grouped or otherwise interconnected for the accomplishment of a purpose or function.
“These Regulations” The currently adopted edition of the Delaware State Fire Prevention Regulations and National Fire Protection Association Codes and Standards as incorporated by reference as identified under Regulation 701, Annex A.
“Vertical Platform Lift” A powered hoisting and lowering mechanism designed to transport mobility-impaired persons on a guided platform that travels vertically.
“Water Capacity”. The volumetric measure of the amount of water a container can hold.
“Water Distribution Systems” Shall include all water mains and associated equipment, both public and private, serving fire hydrants or fire protection water distribution systems.
“Water Supplier” Shall include but not be limited to all persons or companies, both public and private, owning, operating, maintaining and/or having control over fire protection water distribution systems.
“Written Notice” A notification in writing delivered in person to the individual or parties intended, or delivered at, or sent by, certified or registered mail to the last known residential or business address.
Chapter 3 Licenses and Permits Required
2.1.3 Explosives. Transport; Sale; Storage; and/or Blaster's (Individual).
2.1.5 Flammable/Combustible Liquids. Service Stations; and/or Tank Installations/Fuel Dispensing.
2.1.6 Fire Extinguishers. Service; Repair; and/or Test.
2.1.10.2 Bed and Breakfasts, Country Inns, Guest Houses or such occupancies by any other name.
2.1.10.3 Rooming, Lodging and Boarding Houses with four persons or more as residents.
2.1.12 Covered Malls. License in addition to permit for each show, display, sidewalk sale, etc.
3.1.2 Explosives. Use permit each job site.
3.1.3 Special Amusement Attractions. Haunted Houses.
3.1.4 Fireworks. Transportation, and/or Public Displays
3.1.6 Places of Assembly, Class A and Class B *
Note: Places of Assembly, Class A and Class B - Any specific building, room or area that is designated as a Class A or B Place of Assembly. An example would be a gymnasium that is used by the school for spectator school athletics. But some promoter wants to use the gymnasium for a boxing event or a wrestling event with paying customers. This changes the nature of a gymnasium and will allow more people. This is a typical “special event”.
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3.1.9 Impairment Fire Protection.
3.1.10 Bowling Lanes. Refinishing of lanes or pins.
4.2 In the event that the specific or individual requirements under which such license or permit is issued, are not complied with, then the State Fire Marshal will institute such action to suspend, revoke or deny such license or permit, as will be found in Chapter 3, Section 1.0 of this Regulation.
Note: It is the intent of this Section to authorize the State Fire Marshal, when issuing a license or permit to a specific occupancy, to set such specifications and requirements that would limit the specific use of that occupancy.
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1.0 Requirement to Submit Plans.
1.1.1.1 For all new buildings and additions, and;
1.1.1.2 For any building undergoing a change in occupancy, and;
1.1.1.3 For any part of a building suffering damage from fire, explosion or any other cause; and
1.2.2 Subdivision plans shall provide all information outlined under Section 4.0 of this Chapter.
1.3 Installations Requiring Plan Submittal.
1.3.1.1 Protective signaling systems;
1.3.1.2 All fire suppression and extinguishing systems;
1.3.1.5 Water supplies and distribution systems for fire fighting purposes;
1.3.1.6 Emergency and exit lighting systems;
1.3.1.7 Egress/exiting systems (including but not limited to elevators and escalators);
1.3.1.8 Smoke removal and smoke control systems;
1.3.1.10 Flammable and combustible liquid installations;
1.3.1.11 Flammable gas installations; and
1.3.1.12 Other miscellaneous installations falling under the provisions of these Regulations.
Note: It is the intent of the Office of the State Fire Marshal to ensure that even non-required systems meet the same minimum level of compliance as required systems. However, an "Alternative", as set forth in Chapter 1, subsection 5.2 of this Regulation, may be requested so that non-required, partial systems may be considered on a case by case basis. |
2.0 Requirement for Sealed or Signed Plans.
2.1.2.1 All plans shall have the appropriate seal and signature affixed to each page.
3.0 Application and Fee Required.
4.0 Required Site Plan Information.
4.1.1.1 Scale drawing showing all new and existing structures to include but not be limited to:
4.1.1.2.1 A plan note stating how these townhouse or rowhouse units are to be separated, and;
4.1.1.2.2.2 The laboratory testing information shall be included on the plan.
5.0 Required Building Plan Information.
5.1 Information required to accompany building plans shall include but not be limited to:
5.1.1 Name and address of building;
5.1.3 Name and address of applicant submitting plans;
5.1.4 Design Professional’s name and address;
5.1.5 Detailed construction information;
5.1.6 Narrative description of building occupancy and operations;
5.1.8 Note whether building is to be sprinklered and, if so, what areas;
5.1.9 Detailed HVAC information;
5.1.13 Electrical plan including location of exit signs and emergency lighting when required;
5.1.15 Narrative description of proposed method for sealing penetrations of fire rated assemblies.
6.0 Authority to Require Exposure or Stop Work Order.
7.0 Final Inspection Prior To Occupancy.
7.2.1 Name, address, location of the building;
7.2.2 The location of all fire suppression system control valves;
7.2.4 The location of all fire alarm signaling systems control and annunciation panels;
7.2.5 The locations of all on site fire hydrants,
8.0 Limitation of Plan Approval.
9.0 Engineering Analysis Required.
Note: It is the intent of this requirement to authorize the State Fire Marshal to require a much greater detailed Fire Protection Engineering Analysis of a plan submittal and to require that the Fire Protection Engineering Analysis be prepared by and sealed by a Registered Fire Protection Engineer. This Regulation addresses the larger more complex occupancies and operations, such as refineries, bulk LP gas plants, tank farms for flammable/combustible liquids, or occupancies that present unique fire protection problems, where the Office of the State Fire Marshal may require an additional technical analysis, where the fire protection requirements are such that an individual with special expertise in the particular area in question, such as a Registered Fire Protection Engineer, would have the expertise in the occupancy or operation under review. This Regulation would not apply to Fire Alarm Signaling Systems versus a standard. This request is usually made by the Office of the State Fire Marshal at a pre-submission meeting or at a preliminary review stage.
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10.0 Submission of As-Built Drawings and Specifications for Government Buildings.
10.3 Government buildings as identified in this Regulation shall mean:
10.3.2 Buildings on State owned property;
10.3.3 Buildings or structures of all county, municipal or town governments, and;
11.0 Submission of Fire Protection System Plans.
Chapter 5 Listing and Approval of Testing Laboratories
3.0 Listing, Approval, and Accreditation.
Under this Chapter listing, approval, and laboratory accreditation can be achieved as follows:
3.2.1 Accreditation through the American Association for Laboratory Accreditation
Note: It is the express intent of this proposed change to provide for the expertise and necessary criteria for any testing laboratory to achieve an approved status within the State of Delaware. Accreditation through the American Association for Laboratory Accreditation provides that mechanism and removes the Office of the State Fire Marshal from the practice of accreditation that raises more concerns than it resolves.
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3.3.1 Approved shall denote, “Acceptable to the State Fire Marshal”
Chapter 6 Sale of Fire Protection Systems and Equipment
1.0 Manufacturer's Instructions.
2.0 Laboratory Listing, Labeling, Or Approval.
Chapter 7 Adopted Codes and Standards
NFPA 1, NFPA 1, Fire Code, 2021
NFPA 10, Portable Fire Extinguishers, 2018
NFPA 11, Low-, Medium-, and High-Expansion Foam, 2016
NFPA 12, Carbon Dioxide Extinguishing Systems, 2018
NFPA 12A, Halon 1301 Fire Extinguishing Systems, 2018
NFPA 13, Installation of Sprinkler Systems, 2019
NFPA 13D, Installation of Sprinkler Systems in 1 & 2 Family Dwellings and Manufactured Homes, 2019
NFPA 13R, Sprinkler Systems in Residential Occupancies Up To & Including 4 Stories in Height, 2019
NFPA 14, Installation of Standpipe and Hose Systems, 2019
NFPA 15, Water Spray Fixed Systems for Fire Protection, 2017
NFPA 16, Installation of Foam-Water Sprinkler and Foam-Water Spray Systems, 2019
NFPA 17, Dry Chemical Extinguishing Systems, 2021
NFPA 17A, Wet Chemical Extinguishing Systems, 2021
NFPA 20, Installation of Stationary Pumps for Fire Protection, 2019
NFPA 22, Water Tanks for Private Fire Protection, 2018
NFPA 24, Installation of Private Fire Service Mains and Their Appurtenances, 2019
NFPA 25, Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 2020
NFPA 30, Flammable and Combustible Liquids Code, 2021
NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages, 2021
NFPA 30B, Manufacture and Storage of Aerosol Products, 2019
NFPA 31, Installation of Oil-Burning Equipment, 2020
NFPA 32, Drycleaning Plants, 2016
NFPA 33, Spray Application Using Flammable and Combustible Materials, 2018
NFPA 34, Dipping and Coating Processes Using Flammable or Combustible Liquids, 2018
NFPA 35, Manufacture of Organic Coatings, 2016
NFPA 36, Solvent Extraction Plants, 2017
NFPA 37, Installation and Use of Stationary Combustion Engines and Gas Turbines, 2018
NFPA 40, Storage and Handling of Cellulose Nitrate Film, 2019
NFPA 42, Storage of Pyroxylin Plastic, 2002
NFPA 45, Fire Protection for Laboratories Using Chemicals, 2019
NFPA 51, Design & Installation of Oxygen-Fuel Systems for Welding, Cutting, & Allied Processes, 2018
NFPA 51A, Acetylene Cylinder Charging Plants, 2012
NFPA 51B, Fire Prevention During Welding, Cutting, and other Hot Work, 2019
NFPA 52, Vehicular Fuel Systems, 2019
NFPA 54, National Fuel Gas, 2021
NFPA 55, Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids, 2020
NFPA 58, Liquefied Petroleum Gas Code, 2020
NFPA 59, Utility LP-Gas Plant, 2021
NFPA 59A, Production, Storage and Handling of Liquefied Natural Gas (LNG), 2019
NFPA 68, Venting of Deflagrations, 2018
NFPA 69, Explosion Prevention Systems, 2019
NFPA 70, National Electrical Code, 2020
NFPA 72, National Fire Alarm Code, 2019
NFPA 73, Electrical Inspection Code for Existing Dwellings, 2021
NFPA 75, Protection of Information Technology Equipment, 2020
NFPA 76, Fire Protection for Telecommunications Facilities, 2020
NFPA 79, Electrical Standard for Industrial Machinery, 2021
NFPA 80, Fire Doors and Fire Windows, 2019
NFPA 82, Incinerators and Waste and Linen Handling Systems and Equipment, 2019
NFPA 86, Ovens and Furnaces, 2019
NFPA 88A, Parking Structures, 2019
NFPA 90A, Installation of Air Conditioning and Ventilating Systems, 2021
NFPA 90B, Installation of Warm Air Heating and Air Conditioning Systems, 2021
NFPA 91, Exhaust Systems for Vapors, Gases, Mists, and Noncombustible Particulate Solids, 2020
NFPA 92, Smoke Control Systems, 2018
NFPA 96, Ventilation Control and Fire Protection of Commercial Cooking Operations, 2021
NFPA 99, Health Care Facilities, 2021
NFPA 101, Life Safety Code, 2021
NFPA 102, Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, 2016
NFPA 110, Emergency and Standby Power Systems, 2019
NFPA 111, Stored Electrical Energy Emergency and Standby Power Systems, 2019
NFPA 120, Fire Prevention and Control in Coal Mines, 2020
NFPA 140, Motion Picture and Television Production Studio and Approved Production Facilities, 2018
NFPA 150, Fire and Life Safety in Animal Housing Facilities, 2019
NFPA 160, Standard for the Use of Flame Effects Before an Audience, 2021
NFPA 170, Fire Safety and Emergency Symbols, 2018
NFPA 211, Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances, 2019
NFPA 214, Water-Cooling Towers, 2016
NFPA 220, Types of Building Construction, 2021
NFPA 221, High Challenge Fire Walls, Fire Walls, and Fire Barrier Walls, 2021
NFPA 232, Protection of Records, 2017
NFPA 241, Safeguarding Construction, Alteration, and Demolition Operations, 2019
NFPA 291, Recommended Practice for Fire flow Testing and Marking of Hydrants, 2019
NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor Craft, 2020
NFPA 303, Fire Protection Standard for Marinas and Boatyards, 2021
NFPA 306, Control of Gas Hazards on Vessels, 2019
NFPA 307, Construction and Fire Protection of Marine Terminals, Piers and Wharves, 2021
NFPA 312, Fire Protection of Vessels During Construction, Conversion, Repair and Lay-up, 2021
NFPA 326, Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair, 2020
NFPA 400, Hazardous Material Code, 2019
NFPA 407, Aircraft Fuel Servicing, 2017
NFPA 408, Aircraft Hand Portable Fire Extinguishers, 2017
NFPA 409, Aircraft Hangars, 2019
NFPA 410, Aircraft Maintenance, 2020
NFPA 415, Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways, 2016
NFPA 484, Combustible Metals, 2019
NFPA 495, Explosive Materials, 2018
NFPA 496, Purged and Pressurized Enclosures for Electrical Equipment, 2021
NFPA 498, Safe Havens and Interchange Lots for Vehicles Transporting Explosives, 2018
NFPA 501, Manufactured Housing, 2017
NFPA 501A, Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities, 2017
NFPA 502, Road Tunnels, Bridges, and Other Limited Access Highways, 2020
NFPA 505, Fire Safety Standard for Powered Industrial Trucks, 2018
NFPA 654, Prevention of Fire and Dust Explosions from Combustible Solids, 2020
NFPA 655, Prevention of Sulfur Fires and Explosions, 2017
NFPA 664, Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities, 2020
NFPA 703, Fire Retardant-Treated Wood and Fire-Retardant Coatings for Building Materials, 2021
NFPA 704, Identification of the Hazards of Materials for Emergency Response, 2017
NFPA 750, Water Mist Fire Protection Systems, 2019
NFPA 780, Installation of Lightning Protection Systems, 2020
NFPA 804, Fire Protection for Advanced Light Water Reactor Electric Generating Plants, 2021
NFPA 855, Installation of Stationary Energy Storage Systems, 2020
NFPA 914, Code for Fire Protection of Historic Structures, 2019
NFPA 1122, Model Rocketry, 2018
NFPA 1123, Fireworks Display, 2018
NFPA 1124, Manufacture, Transport, Storage, & Retail Sales of Fireworks & Pyrotechnic Articles, 2017
NFPA 1125, Manufacture of Model Rocket and High Power Rocket Motors, 2017
NFPA 1126, Use of Pyrotechnics before a Proximate Audience, 2021
NFPA 1127, High Power Rocketry, 2018
NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting, 2017
NFPA 1221, Installation, Maintenance, and Use of Emergency Services Communication s Systems, 2019
NFPA 1962, Inspection, Care, Use & the Service Testing of Fire Hose, Couplings, & Nozzles, 2018
NFPA 1963, Fire Hose Connections, 2019
NFPA 2001, Clean Agent Fire Extinguishing Systems, 2018
NFPA 2010, Fixed Aerosol Fire Extinguishing Systems, 2020
(a) Precautions satisfactory to the AHJ are taken to prevent ignition of any combustible material.
(b) Use of the pyrotechnic device complies with the Delaware State Fire Prevention Regulations.
NFPA 30, Flammable And Combustible Liquids Code, 2021.
NFPA 30A, Motor Fuel Dispensing and Repair Garages Code, 2021.
9.2.1.1 The seasonal exchange of product shall be prohibited in underground storage tanks.
NFPA 54, National Fuel Gas Code, 2021.
10.21.2 * Prohibited Installations
Unvented room heaters shall not be installed in bathrooms and bedrooms.
NFPA 58, Liquefied Petroleum Gases Code, 2020.
(a) At consumer sites having an aggregate water capacity of 1,000 gallons or more tank storage; and
AMEND 6.23.2.3 to read as follows:
AMEND 6.23.2 by adding a subsection to read as follows:
7.2.2.1* Containers shall be filled only by the owner or upon the owner's authorization.
A-7.2.2.1 This requirement is in keeping with 16 Del.C. 7202.
NFPA 101, The Life Safety Code, 2021.
Exception: Day-care centers with not more than 100 clients.
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32.2.2.8 Emergency Lighting. Emergency lighting shall be installed in accordance with 7.9.
32.2.2.9 Marking Of Means Of Egress. Means of egress shall be marked in accordance with 7.10.