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.
1.2 Whenever the provisions of any county, city, or local regulation or ordinance are more stringent or impose higher standards than are required by these Regulations, the provisions of such county, city, or local regulation or ordinance shall govern, provided they are not inconsistent with these Regulations and are not contrary to recognized standards and good engineering practices.
3.1.3 The provisions of these Regulations do not apply to one- and two-family dwellings in the normal use or maintenance thereof, except to the extent that specific sections require application of these Regulations to one- and two-family dwellings.
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.
3.1.4 Qualified Historic Buildings. The provisions of these Regulations relating to the construction, repair, alteration, enlargement, restoration and moving of buildings or structures shall not be mandatory of existing buildings or structures that are listed in or qualified to be listed in the National Register of Historic Places or in a building that is designated as historic by state or federal law, where such buildings are, in the judgment of the Authority Having Jurisdiction, deemed to be safe and not constitute a serious threat to life safety. Each type of occupancy will be evaluated on its own merits for a total life safety systems approach.
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.
3.1.5 Nothing in these Regulations is intended to prevent the use of systems, methods or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by these Regulations, provided technical documentation is submitted to the authority having jurisdiction to demonstrate equivalency and the system, method, or device is approved for the intended purpose.
3.2.1 The provisions of these Regulations, as far as they are substantially the same as existing provisions of law relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.
3.2.2 The adoption of these Regulations shall not be construed to alter any time limit imposed by any prior existing law, regulation, or order of the State Fire Prevention Commission or State Fire Marshal except to the extent that it imposes an obligation directly contrary to or irreconcilably inconsistent with the obligations imposed by these Regulations.
3.3.1 If any provision of these Regulations is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining provisions of these Regulations.
3.5.1 Technical details regarding processes, methods, specifications, equipment testing and maintenance, design standards, performance, installation, or other pertinent criteria as contained in those standards and codes published by the National Fire Protection Association shall be considered a part of these Regulations.
3.5.2 Applicable provisions of standards, laws, manuals, guides and recommended practices may be used by the State Fire Marshal as appropriate criteria for meeting the intent of these Regulations when specific provisions do not exist within these Regulations or other nationally recognized codes, standards, or laws.
3.5.4 Updated Standards. Nothing in these Regulations shall restrict or prohibit the State Fire Marshal from accepting, when voluntarily submitted as "state of the art" technology, standards and specifications from an updated standard or practice published by the National Fire Protection Association if that particular standard or practice has been promulgated by the State Fire Prevention Commission, as an earlier edition and is part of the current Fire Prevention Regulations, in effect; and that the updated standard or practice will most probably become a part of the next revision of these Regulations.
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.
3.5.5 Tentative Interim Amendments. Nothing in these Regulations shall restrict or prohibit the State Fire Marshal from utilizing a Tentative Interim Amendment, when voluntarily submitted as "state of the art" technology, published by the National Fire Protection Association in the application of these Regulations.
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.
3.5.6 Conflicting Provisions. When any provision of these Regulations is found to be in conflict with any other provisions of these Regulations, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.
3.5.7 Conflict With Codes and Standards Listed and any regulations promulgated by the State Fire Prevention Commission. When there is a conflict with the Codes and Standards of the National Fire Protection Association, and any regulation promulgated specifically by the State Fire Prevention Commission, and such conflict has not been identified in these Regulations as an addition, deletion, or change to those Codes and Standards, then the regulation, as promulgated by the State Fire Prevention Commission, shall be the applicable standard.
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.
4.2 It shall be the duty of the State Fire Marshal to make any recommended changes to these Regulations every three years to the State Fire Prevention Commission at the October meeting. The three year revision schedule shall begin in 1997.
188.8.131.52 Establish a response program to any and all complaints, inquiries, etc. regarding the remaining occupancies, operations, etc. not covered in §184.108.40.206 above. This response program shall be commensurate, in his opinion, with the resources available to handle such complaints, inquiries, etc.
Note: It is the intent of this §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
5.2.1 The State Fire Marshal may accept alternatives to specific systems, conditions, arrangements, materials, or equipment required by these Regulations. Such alternatives shall afford an equivalent level of fire safety, in the opinion of the State Fire Marshal. An alternative provided for by this Section does not constitute a variance, waiver, or special exception to these Regulations. (See §7.0.).
5.2.2 Application for Alternatives. Each request for an alternative shall be filed with the State Fire Marshal and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as may be required to justify the request. The State Fire Marshal shall keep a record of his actions on such applications and a signed copy of his decision shall be provided to the State Fire Prevention Commission and the applicant.
5.3.1 To the full extent permitted by law, the State Fire Marshal is authorized at all reasonable times to enter and examine any building, marine vessel, vehicle, or premises for the purposes of making fire safety inspections. Before entering a private building or dwelling, the State Fire Marshal shall obtain the consent of the occupant thereof or obtain a search warrant authorizing his entry for the purpose of inspection except in those instances where an emergency exists. As used in this section, "emergency" means circumstances which the State Fire Marshal knows, or has reason to believe exist, and which reasonably may constitute immediate and grave danger to life or property.
5.4.1 Any application for, or acceptance of, any license or permit requested or issued pursuant to these Regulations constitutes agreement and consent by the person making the application or accepting the license or permit to allow the State Fire Marshal to enter the premises at any reasonable time to conduct such inspections as required by these Regulations or deemed necessary by the State Fire Marshal to determine compliance with the requirements for such license or permit.
5.5.1 The State Fire Marshal shall have the authority to investigate the cause, origin, and circumstances of any fire or explosion occurring within the State of Delaware. The State Fire Marshal shall have the authority to take custody of all physical evidence relating to the cause of the fire or explosion and to continue the investigation to conclusion. Proprietary information, which may relate to trade secrets or processes, shall not be made part of the public record except as may be directed by a court of law.
6.2.1 The State Fire Marshal shall be responsible for the issuance of licenses, permits, certificates, notices and approvals or orders pertaining to fire control and fire hazards, as provided for in these Regulations.
6.3.1 Summary Abatement. The State Fire Marshal shall have the authority to summarily abate any condition which is in violation of any provision of these Regulations, and which presents immediate danger to life.
6.3.2 Written Notice. Except as provided in §6.3.1 of these Regulations, whenever the State Fire Marshal shall find any violation of these Regulations he shall report and discuss such violations with the owner, operator, occupant, or other responsible person to determine a schedule and procedure for corrective action. He shall also issue written notices to confirm such findings and discussions as may be necessary to secure compliance with these Regulations. Every notice shall set forth a time limit for compliance at the State Fire Marshal's discretion. Such time limit may be correlated to the degree of hazard created by the violation and availability of means of abatement.
6.4.1 Any order or notice issued pursuant to these Regulations shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, or by delivering the same to, and leaving it with, a person of responsibility upon the premises. For unattended or abandoned locations a copy of such order or notice shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both.
6.5.1 The State Fire Marshal shall have the authority to revoke, suspend, or deny any license, permit, approval, or certificate required by these Regulations for noncompliance with the provisions of such a license, permit, approval, certificate, or failure to meet the provisions of these Regulations for the issuance of such license, permit, certificate, or approval.
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.
220.127.116.11 It shall be the responsibility of the jurisdictional Assistant State Fire Marshal, who initiated the enforcement action resulting in the filing of the appeal, to contact the State Fire Marshal and arrange for this review.
18.104.22.168 The State Fire Marshal shall make a report to the State Fire Prevention Commission of his findings with respect to his review of the enforcement action. The report shall be limited to an opinion from the State Fire Marshal that the State Fire Prevention Regulations appear to have been interpreted and applied correctly by the jurisdictional Assistant State Fire Marshal; this information may be considered as part of their deliberation by the State Fire Prevention Commission as to the validity of the need for an appeal hearing.
22.214.171.124 If the State Fire Prevention Commission finds that the State Fire Prevention Regulations have not been correctly interpreted or applied by the jurisdictional Assistant State Fire Marshal, then the Commission may remand the issue back to the jurisdictional Assistant State Fire Marshal for appropriate application of the State Fire Prevention Regulations.
7.3.2 The State Fire Prevention Commission may, however, upon petition, grant a stay pending the outcome of an appeal where it is found that a stay will not cause immediate detriment to the public safety. The burden of proof shall be upon the party requesting the stay.
7.4.1 All appeals, unless dismissed by the State Fire Prevention Commission as unfounded, shall, if reasonably possible, be heard by the Commission within three (3) months after they are filed. The time and place of the hearing shall be fixed by the State Fire Prevention Commission.
7.4.2 Notice of the time and place of the hearing shall be personally served, or sent by registered mail to the address provided on the appeal or request, with return receipt requested, to the appellant at least twenty (20) days prior to the date fixed for the hearing.
7.5.1 Requests for continuances must be made in writing to the Chairman of the State Fire Prevention Commission at least one week prior to the date of the hearing. Such requests may be granted upon the showing of good cause thereof.
7.5.3 In the event a party fails to request a continuance in a timely manner, and fails to appear, the Commission may, at its discretion, after twenty (20) minutes consider that the appeal has been withdrawn and summarily affirm the decision of the State Fire Marshal.
7.6.1 All testimony shall be recorded by an electronic recording device and such record shall be preserved for at least sixty (60) days following the hearing. The party initiating the appeal or the party seeking the variance, special exception, interpretation, or other decision upon some other specific question may elect to have the proceedings transcribed by a court reporter and shall be responsible for the following:
126.96.36.199 Any offer of proof made in connection with an objection taken to any admission or exclusion of evidence shall consist of a statement of that which the offerer contends would be adduced by such testimony or document. Where the offer concerns a document, a copy of same shall be marked for identification.
7.6.11 Any documentary evidence, which the appellant may elect to present at the hearing, may be returned to him, upon receipt of written request for the return of such documents, within sixty (60) days of the date of the hearing. Otherwise, the State Fire Prevention Commission may dispose of such evidence at its discretion.
8.1 When a request for a variance or a special exception to the State Fire Prevention Regulations is put before the State Fire Prevention Commission, and the State Fire Marshal is in agreement with the granting of the variance or special exception, then the following procedure will take place:
8.1.1 The State Fire Marshal will submit a statement of support for the variance or the special exception to the State Fire Prevention Commission, providing the basis of the opinion of the State Fire Marshal for such support.
8.1.2 The State Fire Prevention Commission may accept the recommendation of the State Fire Marshal and grant the variance or special exception without the requesting party having to appear before the Commission.
8.2 If the State Fire Prevention Commission decides that additional information or testimony is required in order to render a decision, then the provisions of Chapter 1, §7.0, Procedures of Appeal, shall be applied.
Words and phrases defined in this Chapter are intended for use with all sections of these Regulations. Definitions set forth in any document referenced by these Regulations shall be the acceptable definition for use in that document as well as any other document or Chapter referenced. Words and phrases not specifically defined in these Regulations or other referenced documents, shall be read with their context and shall be construed according to the common and approved usage of the English language. Technical words and phrases not defined herein which have acquired a particular and appropriate meaning in the industry shall be construed and understood according to the appropriate meaning.
“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.
Occupancy of any room or space for assembly purposes by less than fifty (50) persons in a building of other occupancy shall be classified as part of the other occupancy for purposes of review under these Regulations.
“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:
“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.
“Chairman” 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.
“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, §4 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.
1.1 It shall be unlawful to maintain, store, use or handle materials or to conduct processes which could produce conditions hazardous to life or property or to install equipment used in connection with such activities without first obtaining a license or permit to conduct said processes or install such equipment.
1.2 For the purposes of this Regulation, a Registered Delaware Professional Engineer shall be recognized as a license or permit holder without further qualification, with respect to the preparation and submission of technical documents relating to fire suppression and fire alarm signaling systems.
1.3 The State Fire Marshal shall issue a license or permit upon satisfactory proof of compliance with the requirements of this Regulation. No license or permit issued under this Regulation shall take the place of any other license or permit required by other codes or laws of the State of Delaware.
1.4 A license or permit issued under this Regulation shall continue until revoked, suspended, or for the period of time designated therein at the time of the issuance of the license. The license or permit shall be issued to one person or business only and for the location or purpose described in the license or permit. Any change which affects any of the conditions of the license or permit shall require a new license or permit.
1.6 All applications for a license or permit required by this Regulation shall be made to the State Fire Marshal in such form and detail as he shall prescribe. Applications for licenses or permits shall be accompanied by such plans as required by the Office of the State Fire Marshal.
1.8 One license or permit only shall be required by establishments dealing in, or using, two or more flammable, combustible, or explosive materials to be kept in the establishment at any one time, but each of the materials shall be listed in the license or permit.
1.9 The State Fire Marshal may revoke, suspend, or deny any license or permit issued under these Regulations, for any violation of these regulations that is not corrected; or for a false statement or misrepresentation as to a material fact in the application or plans on which the license or permit was issued.
3.1.5 Places of Assembly. Circuses, carnivals, festivals or any other activities where more than 50 persons may congregate within one tent, canopy or other structure as defined in the Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, NFPA 102.
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”.
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, §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.
1.1.1 Site plans and building plans providing all information outlined under §4.0 and §5.0 of this Chapter shall be submitted to the Office of the State Fire Marshal for review and approval prior to actual construction with respect to the following:
1.1.2 Plans must be submitted for any building undergoing alteration, renovation, or remodeling which does not meet the above criteria. In this case plans will be reviewed for maintaining proper means of egress and features of fire protection only.
1.3.1 Plans, specifications, and any other construction documents requested by the State Fire Marshal shall be submitted to the Office of the State Fire Marshal for review and approval prior to any construction taking place for the following:
1.3.2 Information provided on these plans shall contain all the administrative data as required under §2.0 and §3.0 of this Chapter as well as scale drawings and specific technical details as required under the applicable NFPA Code or Standard as specified in Annex A of this Chapter.
1.3.3 Any non-required partial or complete installations of protective signaling systems, fire suppression and extinguishing systems, standpipe systems, fire pumps, and water supplies and distribution systems for fire fighting purposes are also required to be submitted for review by the Office of the State Fire Marshal as specified by these Regulations and are required to meet these Regulations and the applicable NFPA Code or Standard as adopted and/or modified by 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, §5.2 of this Regulation, may be requested so that non-required, partial systems may be considered on a case by case basis.
2.2 All plans accepted for review and approval by the Office of the State Fire Marshal under the exception provided in §2.1 of this Chapter, shall have the signature of the building owner, the building systems’ owner, or the owner of the occupancy, operation or process, affixed to each page of the plan being submitted.
2.3 Plans submitted for review and approval by the Office of the State Fire Marshal for fire alarm signaling systems, fire suppression systems and sprinkler systems shall be submitted in accordance with the provisions of these Regulations.
2.3.1 These documents and/or plans shall show on each page thereof the name, address, telephone number, and license number of the company and the name, signature and certificate number of the Certificate Holder responsible for the submission, as well as such other information and data as the Office of the State Fire Marshal may require. For technical documents submitted by a Delaware Registered Professional Engineer, each page shall bear the Registered Professional Engineer’s Seal and signature.
3.2.1 All plans and other documents submitted under the provisions of this Chapter shall be accompanied with a check or money order made payable to The State of Delaware in accordance with 16 Del.C. §6612.
4.2.2 The water flow test shall have been conducted within 12 months of the time of submittal and shall be taken from the hydrant closest to the point where the building or subdivision water main is to be connected.
6.1.1 Whenever any building or installation that is subject to inspection, based upon a specific plan review requirement, is covered or concealed without first having been inspected, the State Fire Marshal may require by written notice that such work be exposed for inspection. The State Fire Marshal shall be notified when the installation is ready for inspection and the State Fire Marshal shall conduct the inspection within a period of 3 working days.
6.2.1 When any construction or installation work is being performed in a manner which does not conform to the plans and specifications as approved by the State Fire Marshal, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be continued on that portion until the violation has been corrected.
6.3.1 The State Fire Marshal shall have the authority to inspect any job site during normal construction hours for determining compliance with the respective plan review and any other applicable Delaware Fire Prevention Rules and Regulations.
7.2 At the time of the Final Inspection conducted by the Office of the State Fire Marshal, for any building or structure, the individual or firm responsible for the original submission of plans shall provide an Architectural/Engineering grade plan of the building footprint, on an 8 1/2" x 11" sheet that will detail the following:
8.1 Plans submitted for review, other than Site plans, are valid for two years from the date of issue. If no construction has started by the end of this period, the plan review approval, non-approval, and permit issued shall be null and void.
9.1 When in the opinion of the State Fire Marshal, that any plan that is submitted for review, constitutes or is in need of such a level of advanced design or engineering criteria to ensure minimum compliance with the State Fire Prevention Regulations, the State Fire Marshal may require a Fire Protection Engineering Analysis to be provided by the owner, developer, architect, engineer, or submitting person.
9.4 The required Fire Protection Engineering Analysis shall be prepared by and shall bear the seal of a State of Delaware Registered Professional Engineer, with expertise in the field of Fire Protection Engineering as demonstrated by the passing of the National Council of Examiners for Engineers and Surveyors - “Principals and Practice Examination” in the discipline of Fire Protection Engineering.
9.5 The Fire Protection Engineering Analysis, as required in this section, shall be submitted to the Office of the State Fire Marshal prior to any plan review approval being issued by the Office of the State Fire Marshal.
9.6 When such specifications and design standards from the Fire Protection Engineering Analysis have been incorporated into and made a part of the plan review approval by the Office of the State Fire Marshal, the Registered Professional Engineer, as defined in §9.4 of this Chapter, shall, at the completion of the project, provide such certification as required by the Office of the State Fire Marshal that the standards and specifications that were incorporated into the plan review approval are in fact in conformance and in place as part of the project. This certification shall be provided prior to a final approval being granted by the Office of the State Fire Marshal.
9.7 The submittal of a Fire Protection Engineering Analysis by a State of Delaware Register Fire Protection Engineer, as specified in this Chapter, does not exclude the preparation of an Engineering Design Analysis by a Registered Professional Engineer with expertise in a special field of engineering applicable to the specific Fire Protection Engineering Analysis required, provided that:
9.7.1 The Registered Professional Engineer can provide documentation to the State Fire Marshal that the Registered Professional Engineer is qualified by education, training, and experience in the specific field applicable to the issues of the Fire Protection Engineering Analysis; and
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.
10.1 A complete set of as-built drawings and specifications for all new construction, renovations, alterations or additions for all government buildings shall be provided to the Office of the State Fire Marshal or to the Bureau of Archives and Records Management for the State of Delaware.
10.2 The set of as-built drawings and specifications for all government buildings as identified in §10.1 of this Chapter shall be so submitted no later than six (6) months after the final inspection of the building or structure by the Fire Marshal's Office having jurisdiction.
The purpose of this Chapter is to establish necessary procedures for the Office of the State Fire Marshal to provide a list of testing laboratories which have been investigated and found to have the necessary equipment and personnel to perform testing in accordance with the applicable State regulations.
3.1.1 Listing refers to equipment, materials, or services included in a list published by an organization that is acceptable to the authority having jurisdiction and concerned with evaluation of products or services, that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services, and whose listing states that either the equipment, material, or service meets appropriate designated standards or has been tested and found suitable for a specified purpose.
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.
3.2.2 Accreditation through approval as a Nationally Recognized Testing Laboratory by the Federal Occupational Safety and Health Administration pursuant to criteria prescribed at 29 C.F.R. 1910.7 or any amendment to or substitution for these criteria.
3.3.2 It shall be unlawful for any person, directly or indirectly through an agent or otherwise to sell or offer for sale in the State of Delaware any electrical equipment, device, or component or any fire protection or fire safety equipment or product, either new or used, unless listed and labeled or marked by a nationally recognized, third party, independent testing laboratory, such as, but not limited to Underwriters Laboratories or some other testing agency approved by the State Fire Marshal.
No seller of fire protection or suppression systems, devices equipment, appliances, material, product or service shall, directly or through a sales agent, represent verbally or in writing, that any fire protection or suppression systems, devices, equipment, appliance, material, product or service may be used other than in accordance with the manufacturer's instructions.
No seller of fire protection or suppression systems, devices, equipment, appliances, material, product or service shall, directly or through a sales agent, represent verbally or in writing, that any fire protection or suppression systems, devices, equipment, appliance, material, product or service may be used other than in accordance with nationally recognized testing laboratory's listing, label or approval.
1.1 Each of the following Codes and Standards, published by the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269, are hereby adopted in their entirety with the exception of any changes, additions or deletions as listed in these Regulations as a supplement and addition to the Delaware State Fire Prevention Regulations. The text of these adopted Codes and Standards shall be fully enforceable as provisions of these Regulations as if the same were incorporated and set forth at length herein. If a newer Code or Standard has been adopted and issued by the National Fire Protection Association, the State Fire Marshal may accept the newer Code or Standard as an alternative, provided that such Code or Standard affords an equivalent level of safety in the opinion of the State Fire Marshal. Where the Codes or Standards as listed herein are updated versions of adopted Codes or Standards, the updated versions will replace the existing versions in these Regulations.
A-10.11.2.1 Department of Natural Resources Environmental Control (DNREC) should be contacted for their additional burning restrictions at (800) 662-8802 or (302) 739-9401 before performing any outdoor burning
188.8.131.52 Where not otherwise required by the Delaware State Fire Prevention Regulation to be protected by automatic sprinklers, new fire stations should be protected by an approved automatic fire sprinkler system.
(1) Pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that both of the following criteria are met:
5.2.5 Each fill pipe shall be identified by color code or other marking to identify the product for which it is used. The color code or marking shall be maintained in legible condition throughout the life of the installation. All underground petroleum storage tank fill pipes shall be marked and maintained with colors and symbols consistent with API Recommended Practice 1637.
184.108.40.206 The dispensing of Class I Liquids into the fuel tanks of self-propelled water craft must be accomplished at a designated marine Service Station, and that service station must be in accordance with the applicable provisions of these Regulations.
A-220.127.116.11 It is the express intent of this section to prohibit the transfer of Class I liquids from a tank truck vehicle directly into the fuel tanks of a boat or any other self-propelled water craft.
A-18.104.22.168 This change is based on an appeal filed by the Delaware Captains Association. This appeal was heard by the State Fire Prevention Commission on September 20, 1994 and was subsequently approved by the State Fire Prevention Commission on September 20, 1994.
A.22.214.171.124 This section still requires the submission of plans for all LP Gas installations with an aggregate capacity of 1,000 gallons or more, and now requires the submission of plans for all portable cylinder exchange installations.
126.96.36.199* Plans shall be submitted to the Office of the State Fire Marshal for review and approval regarding liquefied petroleum gas (LPG) installations for all sites and locations where LPG is dispensed by a retail operation to the public, regardless of tank storage capacity.
A-188.8.131.52.1 All gas-fired heaters are to be used only in adequately ventilated areas. In order to support the combustion air requirements of the heater and to minimize the potential for the accumulation of carbon monoxide, ample fresh air ventilation in accordance with the Manufacturer’s Installation Instructions and/or Owner’s Manual should be provided.
184.108.40.206.2 When used, they shall be located in an area either outside the confines of a building or an area sheltered from the elements by overhead cover that is open on all exterior sides. Any obstruction of the exterior boundary of the area by any material to any degree shall be prohibited. Walls, part walls or partitions, roll-down see-through curtains or drapes, awnings, or components by any other name shall be considered an obstruction.
220.127.116.11.3 Hot surfaces of the appliance shall be at least 36 inches in all directions from all other materials. Clearances of less distance shall be permitted if in accordance with the Manufacturer’s Installation Instructions and/or Owner’s Manual
(a) This requirement is in keeping with 16 Del.C. 7202.
(A) Dwelling Units: All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in dwelling unit kitchens, family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreation rooms, closets, hallways, or similar rooms or areas shall be protected by any of the means described in 210.12(A)(1) through (6). Smoke alarms shall not be placed on branch circuits protected by arc-fault circuit interrupter. All smoke alarms shall be supplied by branch circuits dedicated to smoke alarm equipment. The connection of the smoke alarm branch circuit to the power service shall be mechanically protected by utilizing lock-on devices.
(B) Bedrooms of Mobile Homes and Manufactured Homes. All 120-volt branch circuits that supply 15- and 20-ampere outlets installed in bedrooms of mobile homes and manufactured homes shall comply with 210.12B. Smoke alarms shall not be placed on branch circuits protected by arc-fault circuit interrupter. All smoke alarms shall be supplied by branch circuits dedicated to smoke alarm equipment. The connection of the smoke alarm branch circuit to the power service shall be mechanically protected by utilizing lock-on devices.
18.104.22.168 Unvented fuel-fired heating equipment shall be prohibited in bathrooms and sleeping areas of all occupancies. In all other areas, gas space heaters installed in compliance with NFPA 54, National Fuel Gas Code, as adopted and modified by these Regulations shall be permitted.
22.214.171.124 This Chapter shall not be utilized by the Office of the State Fire Marshal during the plan review process, except when individual, specified sections are referenced by other Chapters of the Life Safety Code.
In buildings not exceeding 10,000 sq. ft. of aggregate gross floor area and sprinklered in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, closets less than 12 ft2 in area in individual dwelling units shall not be required to be sprinklered. Closets that contain equipment such as washers, dryers, furnaces, or water heaters shall be sprinklered regardless of size.