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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2016

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1 DE Admin. Code 701
The Delaware State Fire Prevention Commission, pursuant to 16 Del.C. §6604(1), proposed to revise:
Following publication in the Delaware Register of Regulations on August 1, 2015 a public hearing was held on September 22, 2015. Written comment periods were held open for thirty days, and an additional fifteen days following the public hearing. At the hearing, the Board accepted as evidence and marked as the Board's Exhibit 1 documentation of publication of the notice of the public hearing in the News Journal and as Board Exhibit 2, documentation of publication of the notice of the public hearing in the Delaware State News. During the written public comment period, written public comments were received from the following, and marked as indicated:
Pursuant to discussions held during open public meetings of the Commission, it has been determined that Regulation 702 need to be changed vis a vis the occupancy conversion regulation, clarifying the building rehabilitation requirements, clarifying the automatic sprinkler system, and standpipe regulations to prevent a submission for review and approval of a project in such stages that would have the effect of being less than 50% of the square footage of any building. These changes also make substantive additions to the regulations regarding floor level identification and fire pumps. These changes are necessary to begin to revise the entire administrative code to a more clear, user-friendly regulatory structure that reflects best practices and removes out of date material.
IT IS SO ORDERED this 17th day of November, 2015 by the Delaware State Fire Commission.
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.
Note: It is the intent of this subsection to prevent a submission for review and approval of a project, in such stages, that would have the effect of being less than the 50% of the square footage, in order to avoid having to have the building, etc., meet current standards.
Exception No. 1*: Where pursuant to the authority vested in the State Fire Marshal [in 16 Del.C. Ch. 66] with respect to the investigation as to the origin or circumstances of any fire or explosion, the State Fire Marshal may utilize the provisions of these Regulations to obtain correction of a violation of these Regulations, or a deficiency identified in the origin or circumstances determination of any fire or explosion.
Exception No. 2*: Where pursuant to the authority vested in the State Fire Marshal [in 16 Del.C. Ch. 66] with respect to the prevention of fires; the storage, sale, and use of any explosive, combustible or other dangerous article in solid, liquid or gas form; the installation and maintenance of equipment of all sorts intended for fire control, detection and extinguishment; the means and adequacy of exits, in case of fire from all buildings; the enforcement of the Regulations promulgated by the State Fire Prevention Commission, the State Fire Marshal may utilize the provisions of these Regulations to obtain correction of a violation of these Regulations, that if not corrected would have a negative impact on life safety or property conservation.
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.
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.
3.5.2 Applicable provisions of standards, laws, manuals, guides and recommended practices as listed in Appendix C are not required, but 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.
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.
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.
3.5.7 Conflict With Codes and Standards Listed [In Annex A] 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, [as listed in Annex A of these Regulations,] and any regulation promulgated specifically by the State Fire Prevention Commission, and such conflict has not been identified in [Annex B of] 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.
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
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.
Accepted Engineering Practice”. That which conforms to accepted principles, tests, or standards of nationally recognized technical or scientific authorities.
Addition” Any extension or increase in floor area or height of a building or structure.
Alterations” As applied to a building or structure, means any change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another. Also, as applied to systems, means any change or rearrangement of any wiring, piping, part or other component, whether by extending the system; or the moving from one location or position to another.
Alternative” A system, condition, arrangement, material, or equipment submitted to the State Fire Marshal as a substitute for a requirement of these Regulations.
Approved” Acceptable to the State Fire Marshal. In determining the acceptability of installations or procedures, equipment or materials, the State Fire Marshal may base acceptance on compliance with NFPA or other appropriate standards. In the absence of such standards, he may require evidence of proper installation, procedure, or use. The State Fire Marshal may also refer to the listings or labeling practices of nationally recognized testing laboratories, inspection agencies, or other organizations concerned with product evaluations which are in a position to determine compliance with appropriate standards for the current production of listed items, and the satisfactory performance of such equipment or materials in actual usage.
Approved Wasteburner” A noncombustible container in which a fire is built with no openings greater than 1/4 inch.
Assembly Occupancy An occupancy (1) used for a gathering of 50 or more persons for deliberation, worship, entertainment, eating, drinking, amusement, awaiting transportation, or similar uses; or (2) used as a special amusement building, regardless of occupant load. Assembly Occupancy is broken down into three (3) classes as defined below:
Class A” Capacity of greater than 1,000 persons.
Class B” Capacity of greater than 300 persons but not greater than 1,000 persons.
Class C” Capacity of 50 or more but not greater than 300 persons.
Authority Having Jurisdiction (AHJ)” "The authority having jurisdiction" is the organization, office, or individual responsible for "approving" equipment, an installation, or a procedure. In this context, it shall mean the State Fire Marshal.
Automatic As applied to fire protection devices, is a device or system providing an emergency function without the necessity of human intervention and activated as a result of a predetermined temperature rise, rate of rise of temperature, or increase in the level of combustion products.
Automatic Fixed Fire Protection System” Any system which is designed and installed to detect a fire and to subsequently discharge an extinguishing agent without human activation or direction. (Excluding automatic sprinkler systems).
Automatic Sprinkler System” For fire protection purposes, an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes one or more automatic water supplies. The portion of the sprinkler system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are attached in a systematic pattern. The valve controlling each system riser is located in the system riser or its supply piping. Each sprinkler system riser includes a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area.
Basement” Any area that is more than 50% below the highest grade level.
Building” Any structure used or intended for supporting or sheltering any use or occupancy. The term "building" shall be construed as if followed by the words "or portions thereof".
Business Occupancy” All buildings used for the transaction of business (other than that covered under mercantile) for the keeping of accounts and records and similar purposes.
Capable Of Self Preservation” As defined for use within these Regulations and in conjunction with the Life Safety Code, NFPA 101, three items must be met in order to meet this definition:
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).
Code” Shall mean these Regulations.
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 OccupancyAn 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.
1.119 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.
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”.
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.
Exception to 1.1.1.4: One- and two-family dwellings classified in Chapter 2 of this Regulation as, (1) individual, detached stand alone dwelling unit, or (2) when attached in units of not more than two, commonly referred to as a DUPLEX.
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.
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.
11.1 Fire protection system technical documents, specifications and design drawings (plans) shall be unique and exclusive of all others including electrical, mechanical and plumbing documents.
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.
1.1 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.
2.1 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.
3.1 No seller of fire protection or suppression systems, devices, equipment, appliances, material, product, or services shall in any way alter the manufacturer's warning or instruction labels.
NFPA 30A[1,3], Motor Fuel Dispensing Facilities and Repair Garages, 2015
AMEND 9.23 10.22 as follows:
9.23.1 10.22.1 Unvented room heaters shall not be installed in bathrooms and bedrooms.
AMEND 9.2.1 9.2.2, by adding a new 9.2.1.1 9.2.2.1, Unvented Fuel-Fired Heating Equipment, to read as follows:
9.2.1.1 9.2.2.1 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.
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.
11,3
131,3
13D1,3
13R1,3
141,3
301,3
30A1,3
541,3
581,3
701,3
1011,3
11,3
301,3
99,3
131,3
13D1,3
13R1,3
141,3
1011,3
581,3
30A1,3
701,3
541,3