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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2015

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1 DE Admin. Code 704
The Delaware State Fire Prevention Commission, pursuant to 16 Del.C. §6604(1), proposes to revise regulation 704 by deleting Regulation 4.3 in its entirety, eliminating the requirement that a member of a local fire department be present on the scene of any fireworks display from the time the fireworks are delivered until the termination of the display, and reverting to Regulation 4.2, leaving the level of fire protection to the discretion of the local fire department.
1.1.1 Pursuant to 16 Del.C. Ch. 69, no person shall store, sell, offer or expose for sale, or have in possession with intent to sell or to use, discharge or cause to be discharged, ignited, fired or otherwise set in action within this State, any fireworks, firecrackers, rockets, sparklers, torpedoes, Roman candles, fire balloons or other fireworks or substances of any combination whatsoever designed or intended for pyrotechnic display except as otherwise provided for in this Regulation.
1.1.2 This Regulation provides the necessary means for the State Fire Marshal to carry out the requirements of 16 Del.C. Ch. 69 with regards to the location of a public fireworks display; the competency of a person or persons who will set-up, handle, ignite, light, or otherwise handle the fireworks; and storage and handling of the fireworks, prior to the actual display, for the safety of those at, in, or near the display area and the protection of properties in the general area of the display.
2.5 No permit shall be issued until the site is inspected by the State Fire Marshal. A site inspection shall cover all regulations in this Chapter, 16 Del.C., Chapter 69, the Code for Fireworks Display, NFPA 1123 and the Standard for the Use of Pyrotechnics before a Proximate Audience, NFPA 1126. A permit shall only be issued after a satisfactory site inspection has been completed.
1.1 In addition to applicable sections of 16 Del.C., as well as all applicable sections of these Regulations, the following specific requirements shall apply.
1.4 No permit shall be issued until the site is inspected by the State Fire Marshal. A site inspection shall cover all regulations in this Chapter, 16 Del.C., Chapter 70, and the Explosive Materials Code, N.F.P.A. 495. A permit shall only be issued after a satisfactory site inspection has been completed.
4.1 Before a permit to do blasting as required by these Regulations shall be issued, the applicant for such permit shall file a surety bond deemed adequate in each case by the State Fire Marshal or shall provide a Certificate of Insurance from his agent or carrier showing that the applicant is insured to cover any foreseeable accident, damage, or injury from such use of hazardous material. Such bond or Certificate of Insurance shall be proof of financial responsibility for the payment of any damages arising from the permitted blasting.
5.1 All dealers, suppliers, distributors, and persons otherwise involved in the transfer or possession of explosives shall report quarterly to the State Fire Marshal on forms provided by the State Fire Marshal, the amounts, kinds, date and place delivered to of all quantities of materials that are encompassed in these Regulations.
6.1 A permit is required from the State Fire Marshal for the transportation of explosives within the State of Delaware. No permit shall be issued until the vehicle is inspected by the State Fire Marshal. The vehicle inspection shall cover all regulations in this Chapter, 16 Del.C., Ch. 71 and the Hazardous Materials Transportation Act, as provided in 29 Del.C. §8223 through §8230.
3.1 Each time an amusement ride as defined in 16 Del.C., Ch. 64, is set-up, assembled, or otherwise made ready for public use or occupancy or in any way in which a person may come in contact with the amusement ride, an electrical inspection shall be conducted by a recognized electrical inspection agency, as certified by the Delaware State Board of Electrical Examiners.
4.1 All insurance policies and certificates of insurance issued under the requirements of 16 Del.C., Ch. 64 shall be reviewed prior to acceptance by the State Fire Marshal by the Insurance Commissioner's Office to ensure that the terms and covenants of the policies and certificate of insurance meet the requirements of the statute.
5.1 No permit shall be issued until the site is inspected by the State Fire Marshal. A site inspection shall cover all regulations in this Chapter and 16 Del.C., Ch. 64. A permit shall only be issued after a satisfactory site inspection has been completed.
Last Updated: December 31 1969 19:00:00.
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