DELAWARE STATE FIRE PREVENTION COMMISSION

FINAL

FINAL ORDER ADOPTING REGULATION CHANGES

704 Hazardous Processes and Operations

In the February 2021 issue of the Delaware Register of Regulations, the Delaware State Fire Prevention Commission, pursuant to 16 Del. C. § 6604(1), published proposed amendments to revise the following Commission Regulations: (1) 701 Administration and Enforcement ("Regulation 701"); (2) 702 Fire Protection in Building Construction ("Regulation 702"); (3) 703 Installation, Operation, Maintenance, Testing and Sales of Signaling Systems, Fire Protection Systems and Fire Extinguishers ("Regulation 703"); (4) 704 Hazardous Processes and Operations ("Regulation 704"); and (5) 705 General Fire Safety ("Regulation 705"). Collectively, the proposed changes to these regulations included many non-substantive changes, some to alter style and form and to correct technical and spelling errors, and other changes. The substantive changes as to each are set forth below:

1. Regulation 701: The Commission proposed updating language in Chapter 1, subsection 3.1.4 to be consistent with the provisions of the existing regulations and the codes and standards of the National Fire Protection Association (NFPA), as adopted and/or modified by the regulations for rehabilitation of existing buildings; changed minor wording in Chapter 3, Section 3.0 Permit Required; subsection 3.1.5 - changed "more than 50" to "50 or more;" Chapter 4, Submittal of Plans 2.0 - Requirement for Sealed or Signed Plans; amended subsections 2.1 and 2.2 in their entirety to be more consistent with the requirements of the building officials; Chapter 7 Adopted Codes and Standards - amended more than 120 currently-adopted NFPA codes and standards to the most recent version, deleted four adopted NFPA codes and standards no longer in use; added three new NFPA codes and standards; and amended the current modifications of NFPA codes and standards to the recent proposed adopted codes and standards.

2. Regulation 702: The Commission removed inconsistencies with current regulations and NFPA standards 13, 13R and 13D to better clarify where sprinklers are required to be installed; removed outdated NFPA codes and standards and replaced them with updated NFPA codes and standards; changed hydrant spacing for one and two-family detached dwellings from 1,000 feet on center to 800 feet on center to be consistent with the rest of the requirements in Fire Flow Table 2, as well as other additional changes.

3. Regulation 703: The Commission proposed to delete an incorrect reference in the definition of "Testing" in Chapter 1, Section 2.0.

4. Regulation 704: The Commission proposed replacing the reference to 16 Del. C. § 6611 with 16 Del. C. § 6614 in Chapter 2, subsection 5.1.8.

5. Regulation 705: The Commission proposed replacing September 1, 2015 with March 11, 2016 in Chapter 1, subsection 15.3; updating the perimeter access requirements in Chapter 5, subsection 3.5; and updating the requirement for parking between building and perimeter access in Chapter 5, subsection 3.5.2.

The proposed amendments to the above regulations were published in the Delaware Register of Regulations on February 1, 2021 (24 DE Reg. 743 - 751 (02/01/21)). A written comment period was held open for thirty days, through March 3, 2021.

A public hearing was held on March 16, 2021.

At the hearing, the State Fire Marshal, and Commission staff confirmed, that no public comments to the proposed regulation changes were received. The Fire Marshal noted that he did receive one submission, but it was not comments on the proposed changes. The Fire Marshal attempted to follow up with that commentor, but without success. Several other non-substantive suggested changes were also noted during the hearing. The Fire Marshal also recommended making a technical change to Figure 6.1 in Regulation 705.

At the time of the public hearing, the Commission opened the hearing for public comment. There were no comments opposing any of the proposed changes to regulations or any supporting or opposing any specific proposed changes.

Summary of the Findings of Fact

Pursuant to discussions held during open public Commission meetings, the Commission voted to approve the regulation changes as proposed.

Decision of the Commission

The technical, non-substantive changes suggested during the hearing and as mentioned above will also be made.

Therefore, the Commission adopts the proposed amendments to Regulations 701 through 705 as set forth above as final, with the deletions and other non-substantive changes set forth in this Order. The final proposed amendments are reflected in Exhibits A though E hereto.

THESE AMENDMENTS SHALL BECOME EFFECTIVE SEPTEMBER 1, 2021.

IT IS SO ORDERED, this 15th day of June 2021, by the Delaware State Fire Prevention Commission:

704 Hazardous Processes and Operations

Chapter 1 Reduced Ignition Propensity Cigarettes

This Chapter Has Been Reserved.

Chapter 2 Application for Permit for Public Display of Fireworks

1.1 This Regulation is intended to be supplemental in nature to 16 Del.C. Ch. 69.

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.

2.1 Any association or company desiring to hold a public display of fireworks may apply to the State Fire Marshal for a permit to hold such a display if application is made 30 days prior to the date of holding such a display. [16 Del.C. §6903 (a)]

2.2 Such application for a permit for a public display of fireworks shall set forth:

2.2.1 The name and address of the organization sponsoring the display. display;

2.2.2 The name, address and telephone number of an individual from the sponsoring organization who will be the contact person for the Office of the State Fire Marshal. Marshal;

2.2.3 The name, address, phone number, and State Fire Marshal license number of the person in charge of firing the display. display;

2.2.4 The date and time of day at which the display is to be held. held;

2.2.5 The exact location planned for the display. display;

2.2.6 The number and kind of fireworks to be discharged. discharged;

2.2.7 The manner and place of storage of such fireworks prior to the display. display;

2.2.8 The signature of the contact person from the sponsoring organization. organization; and

2.2.9 The name, address, phone number, and signature of the fire chief of the local fire department certifying that he has been contacted by the sponsoring organization and that the fire department will provide fire protection on the date and time of the display.

2.3 The application for a permit for a public display of fireworks shall be accompanied by the following:

2.3.1 A certificate of insurance issued by a bona fide insurance company licensed by the State Insurance Commissioner showing a minimum of $1,000,000 liability insurance per event pursuant to 16 Del.C. §6903 (c).

2.3.2 A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, streets, roads, the lines behind which the audience or spectators will be restrained, and the location of all nearby trees, telegraph, or telephone lines or other overhead obstructions.

2.3.3 A check in the amount prescribed in these Regulations and made payable to the STATE OF DELAWARE State of Delaware.

2.4 The certificate of insurance shall list the specific date and time of the planned 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., 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.

3.1 General Requirements.

3.1.1 The discharge, failure to fire, faulty wiring or fallout of any fireworks, or other objects shall not endanger persons, buildings, apartments, structures, forests, or brush nor in any case will the point at which the fireworks are to be fired be less than 200 feet from the nearest permanent building, public highway, railroad, or other means of travel or 50 feet from the nearest above ground telephone or telegraph line, tree, or other overhead obstruction. In no case shall a display be fired within 500 feet of a school, theater, church, hospital, or similar institution.

3.1.2 Spectators at a display of fireworks shall be restrained behind lines or barriers designated by local authorities but in no case less than 200 feet from the point at which the fireworks are to be discharged. Only authorized persons and those in actual charge of the display shall be allowed inside those lines or barriers during the unloading, preparation, or firing of the fireworks.

3.1.3 All fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearly as possible in a vertical direction, provided that where such fireworks are to be fired beside a lake or other large body of water, they may be directed in such a manner that the falling residue from the deflagration will fall into the said body of water.

3.1.4 Any fireworks that remain unfired after the display is concluded shall be immediately disposed of or removed in a manner safe for the particular type of fireworks. The debris from the discharged fireworks shall be properly disposed of by the operator before he leaves that premises. The operator, upon the conclusion of the display, shall make a complete and thorough search for any unfired fireworks or pieces which have failed to fire or function and dispose of them in a safe manner. Such search shall be instituted at the earliest possible time following the conclusion of the display but in no event later than the first period of daylight which follows.

3.1.5 No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 20 miles per hour.

3.1.6 All fireworks articles and items at places of display shall be stored in such a manner and in a place secure from fire, accidental discharge, and theft in a manner approved by the State Fire Marshal.

3.1.7 Display operators and assistants shall use only flashlights or electric lighting for artificial illumination.

3.1.8 No smoking or open flames shall be allowed in the storage or display area. Signs to this effect shall be conspicuously posted.

3.1.9 No person shall handle or be involved in the firing of fireworks after the consumption of alcoholic beverages or under the influence of narcotics or drugs which could adversely affect judgment, movements, or stability.

3.1.10 The State Fire Marshal shall have the authority to apply any provision from the Code for Fireworks Display, NFPA 1123 and the Standard for the Use of Pyrotechnics before a Proximate Audience, NFPA 1126, as adopted and/or or modified by these Regulations, as the standards for any provision not specifically covered in this Chapter or in 16 Del.C., Del.C. Ch. 69.

3.1.11 All fireworks displays shall be under the immediate supervision of a person so licensed as an operator of public fireworks display as called for in §5.0 of this Chapter.

3.1.12 The provisions of § subsection 3.1.11 shall apply from the time that the fireworks arrive at the display site, and until the completion of the display, removal of all remaining fireworks from the site and the removal of all debris.

3.1.13 The person so licensed under this Chapter, who is supervising a display site, shall be responsible for all aspects of the conduct of the display and for all requirements under which the display permit is issued.

4.1 The sponsoring organization shall arrange with the local fire department to provide fire protection for the display.

4.2 The level of such fire protection will be decided by the chief of the local fire department.

5.1 Operator License Required.

5.1.1 All operators of public displays of fireworks and persons lighting or shooting fireworks shall be licensed by the State Fire Marshal.

5.1.2 Anyone desiring to be licensed as an operator of a public display of fireworks shall submit an application for licensing to the State Fire Marshal.

5.1.3 An application fee for a license to operate a public display of fireworks shall be as prescribed in these Regulations and shall accompany the application.

5.1.4 Applicants for licensing as operators and persons lighting or firing fireworks shall successfully complete a written or oral examination of laws, regulations, and safety practices, administered by the Office of the State Fire Marshal.

5.1.5 All operators of public displays shall be at least 21 years of age. All assistants shall be at least 18 years of age.

5.1.6 Any license issued to an operator or persons lighting or firing fireworks for public display shall be valid for one year and renewed annually.

5.1.7 Fees for renewal of licenses shall be as prescribed in these Regulations.

5.1.8 Any operator, individual, or persons lighting or firing fireworks for public display without having obtained an individual license from the Office of the State Fire Marshal shall be charged in accordance with 16 Del.C. §6611 §6614.

5.1.9 Any individual or person licensed by the State Fire Marshal pursuant to this Chapter who endangers life or property in the conduct of fireworks or pyrotechnics firing or shooting shall have his license suspended or revoked upon a finding of fact by the State Fire Marshal.

5.1.10 Any persons so licensed under the provisions of this Chapter may have his license suspended or revoked for infractions or non-compliance with any of the provisions called for in this Chapter.

5.1.11 Any person, who has their license suspended or revoked under the provisions of this Chapter or any other Chapter of these regulations, may appeal the action of suspension or revocation to the Delaware State Fire Prevention Commission under the provisions set forth in Regulation 701, Chapter 1.

Chapter 3 Explosives, Ammunition, Blasting Agents

1.1 In addition to applicable sections of 16 Del.C., Del.C. as well as all applicable sections of these Regulations, the following specific requirements shall apply.

1.2 The licensed blaster whose name appears on the application for a permit to use explosives shall be the individual on the site, responsible for the setting up and shooting of any explosive charges.

1.3 The individual, company, firm, business or corporation to whom a permit for use of explosive materials is issued to shall notify the Office of the State Fire Marshal the morning of each day when blasting operations will be done at a location permitted by the Office of the State Fire Marshal.

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., 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.

2.1 A record of each blast shall be kept. All records shall be retained for at least three years following the year in which the record is made and shall be available for inspection by the Office of the State Fire Marshal and shall contain the following minimum data:

2.1.1 Name of company or contractor;

2.1.2 Location, date, and time of blast;

2.1.3 Names, signature, and license number of blaster;

2.1.4 Type of material blasted;

2.1.5 Number of holes, burden, and spacing;

2.1.6 Diameter and depth of holes;

2.1.7 Types of explosives used;

2.1.8 Total amount of explosives used;

2.1.9 Maximum amount of explosives per delay period of eight (8) milliseconds or greater;

2.1.10 Method of firing and type of circuit;

2.1.11 Direction and distance in feet of nearest dwelling house, public building, school, church, commercial, or institutional building neither owned nor leased by the person conducting the blasting;

2.1.12 Scaled distance, DS;

2.1.13 Weather conditions;

2.1.14 Direction of wind;

2.1.15 Height or length of stemming;

2.1.16 Were mats used; and

2.1.17 Type of delay electric blasting caps used and delay periods used.

2.2 The above log shall be in a bound type book and shall be kept on each job site and date entered with each shot. The log shall be made immediately available to the State Fire Marshal or authorized designee upon request.

2.3 It shall be the responsibility of the licensed blaster whose name appears on the application for a permit to use explosives to keep, record, or maintain the records as required in this section.

3.1 All magazine doors shall be constructed of one quarter inch (1/4") steel plate and lined with two inches (2") of hardwood. Hinges and hasps shall be attached to the doors by welding, riveting, or bolting (nuts on inside door). They shall be installed in such a manner that the hinges and hasps cannot be removed when the doors are closed and locked.

3.2 Lock Protection. Each door shall be equipped with two mortise locks; or with two padlocks fastened in separate hasps and staples; or with a combination of mortise lock and padlock; or with a mortise lock that requires two keys to open; or a three point three-point lock. Locks shall be tumbler proof. All padlocks shall be protected with one quarter inch (1/4") thick steel caps, constructed so as to prevent sawing or lever action on the locks or hasps.

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.

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.

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., Del.C. Ch. 71 and the Hazardous Materials Transportation Act, as provided in 29 Del.C. §8223 through §8230.

Chapter 4 Amusement Ride Safety

1.1 This Chapter is intended to be supplemental in nature to 16 Del.C., Del.C. Ch. 64.

1.2 This Chapter will provide the necessary means for the State Fire Marshal to carry out the enforcement action at the specific set-up or operational sites of amusement rides in promoting life safety.

2.1 Any association or company desiring to operate a public amusement shall apply to the State Fire Marshal for a permit to operate such amusement at least 7 days prior to the first date of operating the amusement.

2.2 Such application for a permit for a public amusements shall set forth:

2.2.1 The name and address of the organization sponsoring the amusements. amusements;

2.2.2 The name, address and telephone number of an individual from the sponsoring organization who will be the contact person for the Office of the State Fire Marshal. Marshal;

2.2.3 The times of day and dates when the amusements will open to the public. public;

2.2.4 The exact location planned for the amusements. amusements; and

2.2.5 The signature of the contact person from the sponsoring organization.

3.1 Each time an amusement ride as defined in 16 Del.C., 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.

3.2 The inspection shall determine that all provisions of the National Electric Code, NFPA 70, as adopted and/or or modified by these Regulations, have been complied with.

3.3 A report shall be issued to the State Fire Marshal from the electrical inspection agency containing the following information:

3.3.1 Name of ride owner;

3.3.2 Name of ride;

3.3.3 State Fire Marshal ride identification number;

3.3.4 Date of inspection;

3.3.5 Location of inspection; and

3.3.6 Approval or non-approval for compliance.

3.4 An approved report shall be received in the Office of the State Fire Marshal prior to operation of the ride.

3.5 It is the responsibility of the ride owner to arrange for the electrical inspection and to file the required approval report.

4.1 All insurance policies and certificates of insurance issued under the requirements of 16 Del.C., 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.

4.2 The State Fire Marshal may not accept the insurance policy or certificate of insurance until such action as called for in § subsection 4.1 has been completed by the Insurance Commissioner's Office.

4.3 Any such insurance policy or certificate of insurance found not to be in compliance with the statutory require will not be accepted by the State Fire Marshal and the individual or firm so submitting the insurance policy or certificate of insurance shall be notified by registered mail.

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., Del.C. Ch. 64. A permit shall only be issued after a satisfactory site inspection has been completed.

6.1 Whenever the State Fire Marshal has reason to believe that continued operation of an amusement ride constitutes a threat to life safety, the State Fire Marshal shall have the authority to issue a summary abatement in accordance with the provisions of Regulation 701, Chapter 1.

6.2 Such summary abatement shall remain in effect until the Office of the State Fire Marshal is satisfied that the hazard to life has been corrected.