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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2015

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1 DE Admin. Code 705
The Delaware State Fire Prevention Commission, pursuant to 16 Del.C. §6604(1), proposes to revise regulation 705 to clarify that one elevator car in any building must be of sufficient size to accommodate an ambulance cot in its horizontal position, and further clarifying that elevator cars existing as of September 1, 2015 are exempt from this requirement. These changes further clarify that all gates at gated communities must be either automatic or manual, and establishes guidelines for demarcating both primary and secondary entrance doors.
1.1.1 Spread of Fire. No person shall knowingly permit any fire to spread so as to endanger life or property of another or use or operate any device which may be a source of ignition unless proper removal of flammable material surrounding the operation is accomplished or such other reasonable precautions are taken to ensure against the starting and spreading of unfriendly fires.
1.1.2 Burning of Construction Materials. During construction or demolition of buildings or structures no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity.
1.1.3 Bonfires and Rubbish Fires. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless:
1.1.4 Other Outdoor Fires. No person shall kindle or maintain any controlled burning, agricultural burning, fires for land clearing, or fires for demolition and removal of hazards without first notifying the local fire dispatch center of the time and date of the burning.
1.1.5 Authority to Prohibit All Outdoor Fires. The State Fire Marshal may prohibit any and all bonfires, controlled burnings, agriculture burnings, land clearing, fires for demolition and removal of hazards, and out-door rubbish fires whether or not contained, when atmospheric conditions or local circumstances make such fires hazardous. During such time the State Fire Marshal may issue a special burning permit to those persons who show just cause and provide adequate safeguards to prevent the fire from spreading.
1.1.6 Notifying the Fire Department. Whenever an unfriendly fire occurs in any building or on any premises of any kind, the owner, manager, occupant, or any person in control of such building or premises, upon discovery of an unfriendly fire, or evidence of there having been an unfriendly fire, even though it has apparently been extinguished, immediately shall cause notice of the existence of such fire, circumstances of same, and the location therefore to be given to the fire department. This requirement shall not be construed to forbid the owner, manager, or other person in control of the aforementioned building or premises from using all diligence necessary to extinguish such fire prior to the arrival of the fire department. No person shall make, issue, post, or maintain any regulation or order, written or verbal, that would require any person to take any unnecessary delaying action prior to reporting a fire to the fire department.
1.1.7 Reporting Hazardous Condition. Any person, upon discovering evidence of spontaneous heating or other abnormal heating of any merchandise, commodity, cargo, shipment, or other material of any kind in any building, marine vessel, appliance, apparatus, tank, or open stack pile, or any person upon discovering or being apprised of any uncontrolled hazardous gas leak or hazardous material or combustible or flammable liquid spill, shall immediately notify the fire department.
1.1.8 Reporting of Fire Incidents. Any fire brigade, department, or company shall report all incidents to the State Fire Marshal in an electronic format acceptable to the State Fire Marshal within ten days after the end of the month in which the incident occurs.
1.1.9 False Alarm. No person shall deliberately or maliciously turn in an alarm of fire when in fact that person knows that no fire exists. No person shall activate an installed fire warning or extinguishing system for purposes other than emergency, maintenance, drills, or prescribed testing.
1.1.10 Evacuation of Building. Whenever an unfriendly fire occurs in any building, premises, or fire area of any kind, or upon the initiation of a fire alarm all occupants shall evacuate the building, premises, or fire area immediately and shall not re‑enter the building, premises, or fire area unless permission is given by the Fire Chief or Fire Officer in charge of the scene.
1.1.11 Maintaining a Fire Hazard. No person shall knowingly maintain a fire hazard.
1.1.12 Carelessness With Fire. No person shall deliberately, or through carelessness or negligence, set fire to or cause the burning of any bedding, furniture, rug, curtain, drape, or other combustible material, in such manner as to endanger the safety of any person or property.
1.1.13 Posting of Fire Exit Plans. Residential occupancies designed for, intended for, or used by transients shall have an approved copy of fire exit plans conspicuously posted in the lobby and each occupancy unit and at such other locations as may be required by the State Fire Marshal.
1.1.14 Notification of Fire Department of Inoperative Fire Safety Equipment. Persons owning, controlling, or otherwise having charge of any fixed fire extinguishing or fire warning system or standpipe system shall notify the fire department and Office of the State Fire Marshal at any time such system or systems are inoperable or taken out of service. Both shall also be notified when service is restored.
1.1.15 Barricading Vacant Buildings. Every person owning or having charge or control of any vacant building shall remove all combustible waste and refuse therefrom and lock, barricade, or otherwise secure all windows, doors, and other openings in the building to prohibit entry by unauthorized persons.
1.1.16 Smoking. Where in the opinion of the State Fire Marshal conditions exist which make smoking a fire hazard on any premises, "No Smoking" signs shall be posted as directed by the State Fire Marshal. "No Smoking" signs shall be of a color, size, lettering, and location as approved by the State Fire Marshal. No person shall remove such "No Smoking" signs or light, ignite, or otherwise set fire to or smoke any cigar, cigarette, pipe, tobacco, or other form of smoldering substance nor hold, possess, throw, or deposit any lighted or smoldering substance in any place where it would constitute a fire or life hazard.
1.1.17 Use of Torches, Welders, or Laser Cutting Devices. Any person using a torch or other flame producing device, welder, or laser cutting device in any building or structure shall provide one (1) approved fire extinguisher or water hose connected to the water supply on the premises where such burning is done. In all cases, the person doing the burning shall remain on the premises one (1) hour after the torch or flame producing device has been used.
1.1.18 Hazardous Gas in Balloons. No person shall use any flammable, oxidizing, toxic, corrosive, or reactive gas to inflate balloons. Air and inert gases, such as helium and nitrogen, are not prohibited for this purpose.
1.1.19 Fire Doors. Fire doors shall be kept closed at all times.
1.1.20 Interference With Fire Protection Equipment. No person shall render any portable or fixed fire extinguishing system or device or any fire warning system inoperative or inaccessible, except as may be necessary during emergencies, maintenance, drills or prescribed testing.
Note: Change relieves facilities from requirement of sending reports to the State Fire Marshal.
4.1 Sweeping Compounds. Only approved water solutions or detergents, floor sweeping compounds, and grease absorbents shall be used for cleaning floors. The use of sawdust or similar combustible materials to soak up combustible or flammable liquids spilled or dropped from machinery or processes on any floor is prohibited.
4.2 Lighting and Heat Producing Equipment. Proper clearances shall be maintained between heating and lighting equipment and ordinary combustibles in accordance with these Regulations. In the absence of a specific regulation, the State Fire Marshal shall designate proper clearances based on sound engineering judgment. Lighting and heating processes and equipment utilizing flammable or combustible liquids shall be designed in accordance with these Regulations.
4.3 General Use of Combustible And Flammable Materials. Flammable or combustible materials shall not be used for decorative or display purposes in any part of a building occupied by the public in such a quantity or manner so as to constitute a fire hazard unless such material is flame-proofed or fire retardant treated in a manner acceptable to the State Fire Marshal.
4.4 Disposal of Combustible Waste.
5.1 Fire Extinguishing Capabilities. Fire extinguishing capabilities approved by the State Fire Marshal shall be provided at waste disposal sites including, but not limited to, fire extinguishers, water supply and hose, and earth moving equipment.
5.2 Dumping of Burning Load Prohibited. Burning debris shall not be dumped at a waste disposal site except at a remote location on the site where fire extinguishment can be accomplished before compacting, covering, or other disposal activity is carried out.
5.3 Transportation of Combustible Waste and Refuse. Vehicles or conveyances used to transport combustible waste or refuse over public thoroughfares shall have all cargo space covered and maintained sufficiently tight to ensure against ignition from external fire sources and scattering burning and combustible debris which may come in contact with ignition sources. Transporting burning waste or refuse is prohibited.
5.4 Waste Handling Plants. All structures housing operations which are involved primarily in the handling, storage, or baling of combustible waste materials shall be equipped with an automatic fire extinguishing system installed in accordance with these Regulations.
6.1 General Requirements.
6.1.1 Means of Egress. Means of egress shall be provided and maintained in accordance with the applicable provisions of these Regulations.
6.2 Storage on Roofs and Fire Escape Balconies. No person shall place or maintain upon any roof or fire escape balcony any materials or objects which may interfere with egress or fire department operations.
6.3 Attachments to Fire Escapes and Fire Protection Equipment. No person shall attach or fasten any rope, wire, cable, or similar device, to any part of any fire escape, standpipe, auxiliary fire fighting equipment, appliance, or other apparatus.
6.4 Responsibility to Prevent Overcrowding. The manager or person in charge of the premises shall be responsible for preventing overcrowding as specified by the State Fire Marshal. At no time shall the posted occupant load, as established by the Office of the State Fire Marshal, be exceeded within any building or premise.
6.5 Obstruction of Aisles and Passageways. No person shall block, impede, or obstruct any aisle, passageway, hallway, lobby, foyer, or stairway leading to or from any entrance or exit required by law which will prevent, delay, hinder, or interfere with the free use of such passageway by any person. Special security or security devices which affect the exiting shall be subject to the approval of the State Fire Marshal.
6.6 Failure to Vacate. No person shall fail to leave any premises which are overcrowded when told to do so by the management of the premises or any authorized enforcement officer.
7.1 Fire Retardants. The provisions of 7.2 and 7.3 of this Chapter shall be applicable to all chemical formulations, paints, coatings, or other finishes which are sold, offered for sale, or advertised, and which purport to reduce the surface flamespread rating or to reduce or eliminate combustible characteristics of furnishings and structures.
7.2 Approval and Tests. No person shall sell, or offer for sale, any chemical formulation, paint, coating, or other finish which purports to reduce flame-spread rating or to reduce or eliminate combustible characteristics of furnishings or structures that have not been approved by the State Fire Marshal.
Note: Listing by a nationally recognized testing agency or laboratory accepted by the State Fire Marshal constitutes, in this case, State Fire Marshal approval.
7.3 Applicators of Fire Retardant Coatings. Every applicator of fire retardant coating shall certify to the State Fire Marshal that applications of such coatings comply with the manufacturer's specifications.
8.1 General Use of Combustible Decorations. No person shall install, maintain, or use vegetation, bunting, cotton batting, plastic cloth, textile, excelsior, paper, or other combustible material for the purpose of decoration in any building, premises, vehicle, or marine vessel to which the public is admitted or invited unless such decorative materials have been made flame resistant with an approved flame retardant material or process in accordance with applicable NFPA Codes and Standards adopted and/or modified by these Regulations.
8.2 Fire Tests. Tests for determining flammability of combustible decorations shall be conducted in accordance with applicable tests for the type of combustible decoration involved.
8.3 Interior Finishes. Textiles, paper, or other combustible materials adhered to walls and ceilings, (not free hanging) must comply with the interior finish requirements of the applicable codes and standards listed in Regulation 701, Annex A.
8.4 Christmas Trees.
9.1 Portable Fire Extinguishers. Portable fire extinguishers shall be installed in all buildings in accordance with the provisions of the Standard for Portable Fire Extinguishers, NFPA 10, as adopted and/or modified by these Regulations.
9.2 Automatic Fire Extinguishing Systems, Automatic Sprinkler Systems and Standpipes. Automatic fire extinguishing systems, automatic sprinkler systems, and standpipes shall be required as set forth in these Regulations.
9.3 Maintenance of Equipment. All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities, over which these Regulations contain regulatory provisions, shall be maintained in operative condition at all times to provide the service for which installed.
9.4 Water Supply and Fire Hydrants. The State Fire Marshal may require that all premises, other than one- and two-family dwellings, be provided with a water supply system installed in accordance with these Regulations.
12.1 Applicability.
12.2 General Requirements.
12.3 Explosion Prevention and Suppression.
12.4 Sources of Ignition.
12.4.1 Smoking and Open Flames. Smoking and the carrying of matches, the use of heating, or other devices employing an open flame, or the use of any spark-producing equipment is prohibited in areas containing dust-producing, and/or dust-agitation operations.
12.4.2 Electrical Power and Lighting. Artificial lighting in areas containing dust-producing or dust-agitation operations shall be by electricity. All electrical wiring and equipment in such areas shall be installed in accordance with the provisions of the National Electrical Code, NFPA 70, for Class II Hazardous Locations. The State Fire Marshal shall be responsible for designating the areas requiring hazardous location electrical classification and shall classify the area in accordance with the classification system set forth in the National Electrical Code, NFPA 70, as adopted and/or modified by these Regulations.
12.4.3 Portable Fire Extinguishers Required. Portable fire extinguishers shall be installed for extra hazard occupancy protection.
13.1 Applicability. This section shall apply to hazardous materials not covered under the NFPA codes and standards adopted and/or modified by these Regulations.
13.2 Matches.
13.2.1 Type Permitted. Matches permitted under this Regulation shall be capable of withstanding a temperature of 200 degrees Fahrenheit for eight (8) consecutive hours without igniting in a standard laboratory test.
13.2.2 Packaging and Labeling. Matches shall be labeled and packed in conformance with U.S. Department of Transportation specifications.
13.2.3 Storage Requirements. Matches in excess of 50 pounds, including the containers, shall not be stored within ten feet (10’) of any open elevator shaft, elevator shaft opening, open stairway, or other vertical opening.
13.2.4 Sources of Ignition. Matches shall not be within ten feet (10’) of any boiler, furnace, stove, open flame, or similar source of ignition.
13.2.5 Storage at Wholesale Outlets. For storage at wholesale establishments and other locations where containers of matches are stored in piles exceeding 100 cubic feet, such containers shall be arranged so as not to exceed ten feet (10’) in height nor 1500 cubic feet in volume with aisles at least eight feet (8’) wide.
13.2.6 Match Storage With Other Commodities. When case lots of matches are stored in the same room with other materials or commodities, they shall be separated therefrom by a clear space of not less than eight feet (8’).
13.3 Storage of Hazardous Materials.
13.4 Warning Signs.
13.5 Transportation of Hazardous Materials.
Note: This section provides two options for occupancies where exhibits, displays, craft shows, trade shows, etc., can obtain permits for individual events.
15.1 All new passenger elevators in a building shall be provided with a cab car sized to accommodate an ambulance cot 24 inches (609 mm) by 76 84 inches (2133 mm) in its horizontal open position.
Note: The words “to accommodate” in this context is intended to mean the cot is in the horizontal position and shall travel in to the elevator without having to modify the position. Additionally once the cot is in place in the cab car, there should be room for at least two (2) EMS attendants.
15.24 For elevators in high rise buildings, the requirements of Regulation 702, Chapter 5, §2.6 shall also apply.
Symbol Of Testing Laboratory Required. A person may not sell or distribute an electrical consumer product which is intended ultimately for the personal use of a consumer in or around a permanent or temporary household or residence, unless the product is clearly labeled, marked, or stamped with the symbol of an electrical testing laboratory which is certified by the State Fire Marshal to test products to determine that they are safe for use.
2.1 There shall be conspicuously posted in motels and hotels, in each sleeping room, a plan of all exits and fire escapes, detailing the path of egress from said room and the location of each fire alarm station along that path.
1.3.1 This chapter shall apply to all new buildings, structures, or additions as specified in Regulation 701.
1.3.2 In the case of an existing building undergoing an occupancy change, the existing building shall comply with these Regulations and shall be reviewed under the provisions of Section 9.0.
Access RoadwayA private non-dedicated roadway that connects a public street with a fire lane.
Bifurcated Access RoadwayAn access roadway or street constructed with an entrance lane and exit lane separated by a planting, island, or other physical barrier.
Building AccessAccess to a building’s exterior entrances, exits and other safety equipment (i.e. fire department connections, fire hydrants, etc) that will allow emergency services to access the building or equipment within a reasonable distance from parked emergency vehicles.
Fire LaneA street that provides access to a building for Emergency Services Apparatus at all times.
Edge of StreetShall be base of curb, the outer edge of pavement, or the outer edge of the designated fire lane.
Emergency Services AccessThat portion of accessibility to any property which is necessary for emergency vehicles to gain access to fire protection equipment during an emergency condition.
Emergency ServicesShall include all fire and emergency services as regulated by the State Fire Prevention Commission.
Fire Lane Access – That portion of the building perimeter that is required to have fire lanes.
Perimeter AccessThat portion of the building perimeter that is accessible by emergency services personnel and is within 100 200 feet of a street and capable of supporting fire ground operations.
Perimeter, BuildingThe measurement of the building's exterior walls along the largest horizontal projection of the roof or floor above.
Primary Entrance – The principle entrance or exit door to a building for use by emergency services.
Road – See Street
Street – A thoroughfare (street, avenue, road, fire lane or boulevard, etc.) which has been devoted for vehicular use by the public and shall be permitted to be utilized for access by Emergency Services Apparatus. For the purpose of this Regulation, a street shall be a minimum of 14 feet in unobstructed clear width one or two way traffic.
Yellow Color – The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the local Fire Chief prior to submission to the Office of the State Fire Marshal to agree on the system. A letter of agreement shall be created, and signed by both parties. The letter shall include a detailed description of both the manual and automated means.
1. For Mixed Use occupancies, accessibility shall be based on the floor with the individual occupancy requiring the greatest accessibility coverage.
2. Educational shall include educational assembly buildings with mixed uses and shall not be considered as mixed use.
3. For Day Care Homes, see 3.4.4.
Note: See Figure 5-6 – Building Access – With No Fire Lane
3.6 Access to fire protection systems features shall meet the requirements of Chapter 6.
Note: See Figure 5-7 – Perimeter Access – With No Fire Lane
Note: See Figure 5-8 – Fire Lane and Perimeter Access – Without Fire Suppression
Note: See Figure 5-9 – Fire Lane and Perimeter Access with Fire Suppression
1. For Mixed Use occupancies, accessibility shall be based on the floor with the individual occupancy requiring the greatest accessibility coverage.
2. Educational shall include educational buildings with mixed uses and shall not be considered as mixed use.
NOTE: For the purposes of this Regulation and application of the Accessibility Table, the fire lane portion was based upon a 100 foot Aerial reach and the width of aerial stabilizers. The Perimeter Access portion was based upon standard fire ground operations.
Note: See Figure 5-10 – Marking and Identification of Fire Lane
Note: See Figure 5-11 – Marking and Identification of Fire Lane – Intersecting an Access Roadway or Aisle
Note: See Figure 5-16 – Approved Sign For Marking Fire Lanes
Note: See Figure 5-12 – Marking and Identification of Fire Lane – No Parking Between Building & Fire Lane
Note: See Figure 5-13 – Access Requirements – Parking Between Building & Fire Lane with Curb and Sidewalk with Multiple Primary Entrances
Note: See Figure 5-14 – Access Requirements – Parking Between Building & Fire Lane with Sidewalk But without Curb with Multiple Primary Entrances
Note: See Figure 5-15 – Marking and Identification of Fire Lane – Parking Between Building and Fire Lane
Last Updated: December 31 1969 19:00:00.
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