DELAWARE STATE FIRE PREVENTION COMMISSION

FINAL

ORDER

709 Fire Service Standards

Nature of the Proceedings

Pursuant to 16 Del. C. § 6604(1), the Delaware State Fire Prevention Commission proposed to revise Regulation 709 Fire Service Standards (the "Regulations"). The proposed changes to the Regulations included updated language related to NFPA standards, requirements for new Fire and EMS stations, training requirements, and handling of fire fighter injury investigations. Amendments related to everything except minimum training requirements were adopted by separate Order.

Nature of the Proceedings

Pursuant to 16 Del. C. § 6604(1), the Delaware State Fire Prevention Commission proposed to revise Regulation 709 Fire Service Standards (the "Regulations"). The proposed changes to the Regulations included updated language related to NFPA standards, requirements for new Fire and EMS stations, training requirements, and handling of fire fighter injury investigations.

Summary of the Evidence

The proposed amendments to the Regulations were published in the Delaware Register of Regulations on January 2, 2024. A written comment period was held open through February 2, 2024. The Commission received written comments, which are on file with the Commission, from the following individuals and fire companies: (1) Dave Wilson, Odessa Fire Company Chief, (2) Andrew Lloyd, and (3) Douglas Manley, Mill Creek fire Company (the "Written Comments"). The Written Comments focused on the minimum training standards amendments.

Findings of Fact

At the Commission's regularly scheduled monthly meeting on February 19, 2024, the Commission discussed the Written Comments. The Commission explained that the minimum training standards are designed to help citizens and firefighters alike; the standards give everyone the best ability to survive. These training standards were recommended by a 2022 Committee and proposed by the Commission in March 2023. However, the Commission delayed implementation, by deleting the subsections, over concerns regarding the timeline in 2023.

The Commission discussed the required classes offered by the Delaware Fire School. Unfortunately, the representative from the Fire School was unable to give details on class availability during the Meeting. The Commission pointed out that training equivalency may also meet the requirements. The required classes, or equivalencies, have been available at the Delaware Fire School since the 1970s.

Pursuant to discussions held during the Commission's meeting on February 19, 2024, the Commission voted to approve the amendments to the Regulations as proposed. The Commission further addressed concerns at the regularly scheduled meeting on March 19, 2024. The Commission elaborated on the meaning of the words, "elected, appointed, or employed." After the March Meeting, the Commission received more concerns regarding the minimum training standards, mostly focusing on the timing of the amendments. At the Commission's regularly scheduled meeting on April 16, 2024, the Commission voted to delay the effective date only for subsections 1.4 and 1.5 of Chapter 7 until January 1, 2026.

Pursuant to Section 10118(b)(3) of Title 29 regarding the State's greenhouse gas emissions reduction targets and resiliency to climate change, assessment is not practical for this regulation.

Decision of the Commission

For the reasons discussed above, the Commission concludes it is appropriate to provide additional time for those impacted to become compliant with the new minimum training requirements. Therefore, the Commission adopts the proposed amendments to subsection 1.4 of Chapter 7 and the new subsection 1.5 of the same chapter. These amendments shall become effective January 1, 2026. The final proposed amendments are reflected in Exhibit A.

IT IS SO ORDERED, this 15th day of May 2024, by the Commission:

Delaware State Fire Prevention Commission

*Please note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d).

709 Fire Service Standards

Chapter 1 Responsibilities of the State Fire Prevention Commission

1.1 Select a Chairman and Vice Chairman from among its members.

1.2 Hold regular meetings once per month.

1.3 Hold special meetings when called by the Chairman, Vice-Chairman, in the absence of the Chairman, or by three members of the Committee.

1.4 Have the power to promulgate, amend, and repeal regulations for the safeguarding of life and property from the hazards of fire and explosion.

1.5 Hold a public hearing on each regulation, amendments, or repealer.

1.6 Have the power to summon witnesses and administer oaths.

1.7 Appoint the State Fire Marshal for a term of 4 years.

1.8 Set the salary of the State Fire Marshal.

1.9 Fill an unexpired term when a vacancy exists in the position of State Fire Marshal.

1.10 Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, or refusal made by the State Fire Marshal, based on the enforcement of the State Fire Code.

1.11 Hear and decide requests for special exceptions or interpretations of any regulation upon appeal.

1.12 Be allowed to authorize a variance to regulations.

1.13 File in the Office of State Fire Marshal all decisions, authorizations or interpretations made under subsections 1.10, 1.11, and 1.12 of Chapter 1 of this regulation, in writing and signed by the Chairman, within 20 days following the appeal.

1.14 Be empowered, along with the State Fire Marshal and the Attorney General, to institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove unlawful erection, construction, reconstruction, alteration, or use of a building, structure, or equipment in violation of the State Fire Codes.

1.15 Annually, transmit to the Governor a full report of its proceedings including a financial statement covering the preceding fiscal year.

2.1 Have complete jurisdiction over, and complete management and control of the Delaware State Fire School.

2.2 Have full power and authority:

2.2.1 To make all rules and regulations necessary for the governing of said institution;

2.2.2 To appoint a Director and such Instructors, experimental helpers, secretaries and laborers as may be necessary, and to remove the same at their judgment and discretion;

2.2.3 2.2.2 To fix compensations and provide for payment thereof;

2.2.4 2.2.3 To have full management, possession and control of the lands, buildings, structures and property belonging thereto;

2.2.5 2.2.4 To provide for the courses of study and curriculum of the institution;

2.2.6 2.2.5 To make rules and regulations for the admission of trainees to said institution;

2.2.7 2.2.6 To visit and inspect said institution and every department thereof, and to provide for the proper keeping of accounts and records thereof;

2.2.8 2.2.7 To make and prepare all necessary budgets of expenditures for the enlargement, proper furnishings, maintenance, support and conduct of said institution;

2.2.9 2.2.8 To select and purchase all property, furniture, fixtures and paraphernalia necessary for said institution from time to time;

2.2.10 2.2.9 To build, construct, change, enlarge, repair and maintain any and all buildings or structures of said institution that may at any time be necessary for said institution;

2.2.11 2.2.10 To purchase and acquire all lands and property necessary for same, of every nature and description whatsoever;

2.2.12 2.2.11 To care for and maintain the same and to do and perform every other matter or thing requisite to the proper management, maintenance, support and control of said institution.

2.3 Have authority to acquire real or personal property by purchase, gift or donation and have water rights; make contracts; and undertake by contract or by its agent and employees, and otherwise than by contract, and project and operate and maintain such projects.

2.4 Be empowered to accept grants of money or materials or property of any kind upon such terms or conditions as the grantor may impose.

2.5 Perform all acts and do all things necessary or convenient to carry out the powers granted above.

2.6 Be empowered to fix and collect admission fees and other fees that it may deem necessary to be charged for training given.

2.7 Employ a Director and Deputy Director for the State Fire School and shall employ, on the recommendation of the Director, such other Instructors, helpers, secretaries, and laborers as may be necessary and to remove the same at their judgment and discretion.

2.8 Have the power to prescribe and make the necessary rules and regulations for the use of the buildings, equipment and other facilities when they are not in use for the purpose set forth.

3.1 Be empowered to promulgate, amend, and repeal regulations related to the exercise of Commission powers and responsibilities defined below.

3.2 With the exception of cities with a population greater than 50,000.

3.2.1 Determine whether new fire companies or substations shall be authorized;

3.2.2 Have authority to prohibit the suspension of fire protection services.

3.3 Have authority to confirm the established geographical boundaries of areas served by all existing fire companies and to resolve boundary disputes.

3.4 Have authority to enter binding orders resolving disputes or grievances within or between fire companies.

3.5 Within its discretion, bring an action in the Court of Chancery to temporarily restrain or enjoin any act or practice which constitutes a violation of an order of the Commission.

4.1 Accept reports on fire losses from insurance companies on forms provided by the Commission.

4.2 Within its discretion, provide, with the approval of the Attorney General's Office, a written report to a person of the result of investigation of fire or explosion.

Chapter 2 Complaints and Grievances and Fire Investigations

This regulation establishes the procedures for the State Fire Prevention Commission's exercise of its powers under 16 Del.C. Ch. 66. This regulation sets forth the manner in which the Commission shall review questions pertaining to the delivery of adequate fire protection services in this State, including, but not limited to, questions concerning the authorization of new fire companies and substations, the cessation of fire protection services by a fire company or substation and the resolution of boundary and other disputes between fire companies. The Commission expressly reserves the right to dismiss any grievance or complaint on its own motion if it deems such grievance or complaint to be insubstantial.

2.1 The following procedure shall be followed for the investigation of complaints regarding a fire company or concerning claims of official misconduct by firefighters and fire companies.

2.2 Complaints must be in writing and filed with the Commission. The Commission will assign an investigator to investigate the complaint. The Commission may designate a Commissioner as an investigator, in which case the Commissioner shall not participate in any Commission hearing or decision regarding the complaint.

2.3 The Complaint shall state the name of the fire company or firefighter and provide sufficient facts demonstrating the basis for the complaint. The assigned investigator may dismiss a complaint sua sponte that fails to state sufficient facts or otherwise demonstrates a reasonable basis for the complaint.

2.4 The Commission shall assign a complaint number to each complaint and maintain a log of all complaints filed with the Commission. A record of each complaint shall be maintained for a period of not less than 5 years.

2.5 The Commission shall send a copy of the complaint to the respondent at the address of record maintained in the Commission's files. The Commission's investigators may withhold the name of the complainant if it is determined that providing the complainant's name may jeopardize their safety.

2.6 The Respondent shall file a response with the Commission within 20 calendar days of receipt of the complaint.

2,7 At the conclusion of the investigation, the investigator shall issue a final report detailing the evidence obtained and making conclusions on whether any applicable law or regulation was violated and making any recommendations for further action that the investigator deems reasonable.

2.8 If the investigation substantiates any violations or makes any recommendations for further action, the Commission shall schedule a hearing. Such hearing shall be subject to the provisions set forth in 29 Del.C. §§10121-10129 governing case decisions.

2.9 At the conclusion of such hearing, the Commission may order such relief as may be deemed necessary and appropriate and to further public health, safety and welfare, including, but not limited to, recommendations on training or other remedial action to be taken by the affected fire company or firefighter.

2.10 "Official misconduct," as it pertains to firefighters, includes:

2.10.1 Gross negligence in the line of duty or a demonstrated pattern of negligence;

2.10.2 Dishonorable, unethical or other conduct likely to deceive, defraud or harm the public;

2.10.3 Convictions of an offense specified in 16 Del.C. §6712(b);

2.10.4 The use, distribution, or issuance of a dangerous or narcotic drug, other than for therapeutic or diagnostic purposes;

2.10.5 The abuse, misuse, or diversion of illicit or illegal drugs, controlled substances or prescription drugs or alcohol;

2.10.6 Failing, or not complying with, drug testing;

2.10.7 Failing to cooperate with the Commission in the course of its investigation of complaints; and

2.10.8 Continuing to perform as a firefighter after being determined not fit for duty after an evaluation by a licensed medical professional.

2.11 "Official misconduct," as it pertains to fire companies, includes:

2.11.1 Gross negligence in the line of duty or a demonstrated pattern of negligence;

2.11.2 Demonstrated pattern of failing to adequately supervise firefighters and others working for the fire company;

2.11.3 Unauthorized dissemination of protected health care information concerning the fire companies' patients, including but not limited to, information contained in Patient Care Reports;

2.11.4 Dishonorable, unethical or other conduct likely to deceive, defraud or harm the public;

2.11.5 Failing to cooperate with the Commission in the course of its investigation of complaints; and

2.11.6 Failing to cooperate with the Commission in producing required reports or documents.

2.12 Fire companies receiving complaints regarding a fire company or concerning claims of official misconduct by firefighters must give notice to the Commission within 10 days. The Commission investigator will then determine whether the complaint should be investigated by the Commission or whether the complaint is better addressed by the fire company without further Commission involvement.

2.13 The Commission may suspend any investigation or proceedings initiated pursuant to this regulation if it is determined that there is a related criminal investigation or proceeding until such time as that investigation or proceeding is concluded.

2.14 Unless the Commission deems immediate action necessary for serious life-safety issues or to otherwise protect the public, complaints will be forwarded to the affected fire company to provide for potential internal resolution of the complaint without further involvement of the Commission.

2.14.1 Fire companies shall have 30 days to internally investigate and resolve the complaint.

2.14.2 . The Commission or its investigators may grant reasonable requests for additional time to complete their investigation.

2.14.3 At the conclusion of an internal investigation, the fire company shall forward a copy of its entire investigatory file and a record of any conclusions reached or disciplinary action taken to the Commission. The Commission shall retain such records in accordance with applicable record retention guidelines and procedures.

2.14.4 If the internal investigation and resolution is deemed unsatisfactory, the Commission shall conduct its own investigation in accordance with these procedures.

2.14.5 While an internal investigation is ongoing, the procedure requiring the Commission to notify the respondent and requiring a response within 20 calendar days shall be suspended.

2.15 The Commission may request and obtain the assistance of state agencies and other third parties in connection with performing investigations.

2.16 Firefighters are to report within 10 days any arrests in state or out of state to the fire chief or fire company president.

2.17 The Commission shall have an established form for the reporting of complaints or grievances.

3.1 The Commission shall investigate injuries sustained by firefighters in the line of duty, including but not limited to injuries sustained in emergency scene activities, trainings and near misses or "Mayday" incidents. The Commission shall have subpoena power for their investigations.

3.2 At the conclusion of an investigation, the Commission shall issue a report of findings and conclusions. The reports are meant to determine the root cause of an injury and to establish training or other practices that may be needed to prevent future similar injuries and to otherwise assist with firefighter safety.

3.3 The scope of investigations shall include determining:

3.3.1 The root cause of an injury or near miss;

3.3.2 If current training or standards were used by firefighters;

3.3.3 If proper protective gear was utilized;

3.3.4 If proper command structure was utilized; and

3.3.5 Whether there was a command-and-control function.

3.4 The Commission's designee shall have the authority to enter any premises or fire scene under the control of a fire officer, or any firefighter acting in the capacity of a fire officer, where a fire-fighter injury has occurred for the purpose of investigating the cause of the injury.

3.5 The Commission's designee shall have the authority to collect all evidence including protective equipment, gear and audio or visual recordings.

3.6 The Commission may request and obtain the assistance of state agencies and other third parties in connection with performing investigations.

3.7 Any Mayday call or firefighter transport from emergency or training scenes requires scene commanders to ensure the Public Safety Answering Point notifies the Commission investigation representatives.

3.8 Any near miss or injuries sustained in emergency scene activities, training, response to and from, or station activity must be reported immediately to the Commission.

Chapter 3 Minimum Requirements for the Establishment of New Fire Companies

1.1 Any person or persons, group or organization desiring to establish a new fire company within the State of Delaware shall immediately advise the Commission of their intent by letter.

1.2 The Commission shall, upon receipt of the notification, notification:

1.2.1 send Send a copy of these Regulations this regulation to the person or persons, group group, or organization and shall advise them of a date to appear before the Commission.

1.2.1 1.2.2 The Commission will notify Notify existing fire companies serving an area when a petition is filed for a new fire department in that area.

1.3 All sections of these Regulations Chapter 3 of this regulation shall be complied with before final approval will be given.

1.4 Existing fire companies serving the proposed district shall continue to serve the district until the new company receives probational approval.

1.5 It is necessary for the person or persons, group or organization, or municipalities desiring to form a new fire company to follow certain steps in complying with these Regulations. The steps to be followed are:

1.5.1 Compliance with Section 2.0 of Chapter 3 of this regulation - Location of fire department and district to be served.

1.5.1.1 Upon compliance with subsection 1.5.1 of Chapter 3 of this regulation, the Commission will establish the need for a fire company in the area; and

1.5.1.2 The Commission may authorize the person or persons, group or organization, or municipalities the right to proceed to subsection 1.5.2 of Chapter 3 of this regulation.

1.5.2 Compliance with Sections 3.0, 4.0, and 5.0 of Chapter 3 of this regulation - Constitution, bylaws, members, financial backing and responsibility.

1.5.2.1 Upon compliance with subsection 1.5.2 of Chapter 3 of this regulation the Commission will grant approval of an administrative organization; and

1.5.2.2 The Commission will authorize the organization the right to proceed to subsection 1.5.3 of Chapter 3 of this regulation.

1.5.3 Compliance with Sections 6.0, 7.0, 8.0, 9.0, and 10.0 of Chapter 3 of this regulation - Training, fire station construction, submittal of plans, communications, alarm receiving, alerting equipment, and equipment.

1.5.3.1 Upon compliance with subsection 1.5.3 of Chapter 3 of this regulation, the Commission will authorize a one-year probational approval for the fire company; and

1.5.3.2 The Commission will determine that a fire company has been established to serve the area outlined in Section 2.0 of Chapter 3 of this regulation.

1.6 At the end of the one-year probational period, the fire company will be judged on its performance, financial ability, members, training, and equipment. If all is judged to be satisfactory, the Commission will authorize the fire company to be placed on permanent status.

2.1 The Commission shall not authorize the establishment of a new fire company within four miles of any existing fire company or companies unless the Commission determines that an existing fire company is not reasonably equipped, manned, organized, financed, disciplined to deliver, or is not actually delivering adequate fire protection in accordance with recognized safety standards to the area it serves.

2.2 The Commission shall determine whether any new fire companies shall be authorized in any part of the state. In making such determination the Commission shall consider among things the ability, financial, or otherwise of the company seeking authorization to maintain an effective fire company and fire protection needs of the area involved.

2.3 The location of fire stations shall be selected, taking into account the location of high life hazards, concentrations of values, topographical conditions, bridges, man-made barriers such as railways or limited access highways, traffic congestion, the number and extent of runs, and the availability of department members.

2.4 A certified plot plan showing the proposed location of the station shall be submitted to the Commission for approval.

2.5 A map and narrative description showing the proposed district to be served shall be submitted to the Commission for approval.

2.6 Written agreements with all existing, bordering fire companies shall be submitted to the Commission. Such agreements shall outline the areas served by the existing fire companies that will be allocated to the proposed fire company. The agreement shall be signed by the President, Secretary, and Chief of the existing companies in the presence of a notary public. His seal shall be affixed to the agreement.

3.1 A proposed constitution and bylaws shall be submitted to the Commission for approval.

3.2 The constitution and bylaws shall include, but not be limited to the following:

3.2.1 Name of the fire company;

3.2.2 Address;

3.2.3 Incorporation by the State of Delaware;

3.2.4 Membership requirements;

3.2.5 List of charter members (name, address, & social security number);

3.2.6 Officers (to include President, Vice President, Secretary, Treasurer, Directors, Chief, 1st and 2nd Assistant Chiefs, and Fire Recorder);

3.2.7 Duties of Officers;

3.2.8 Meetings;

3.2.9 House rules;

3.2.10 Elections;

3.2.11 Dues;

3.2.12 Order of business.

There shall be at least 25 active fire-fighting members.

5.1 The proposed fire company shall submit to the Commission bank statements, financial reports, notarized letters of financial backing, and any other information required to establish whether the company has the financial means and backing to acquire property, buildings, training, and equipment to provide adequate fire protection in accordance with recognized safety standards to the area it serves and maintain an effective fire company for the fire protection needs of the area involved.

5.2 An annual financial statement and reports of training shall be submitted to the Commission no later than 3 months after the close of the fire company's first fiscal year.

5.3 Annual Inventory reports shall be submitted in a manner prescribed by the Commission.

6.1 At least 25 members of each company shall have completed Basic Firefighting Skills, Structural Firefighting Skills, Hazardous Materials Response Skills, and Vehicle Rescue Skills, as provided by the Delaware State Fire School, or equivalent approved by the Commission prior to certification. This training is not required for fire companies that provide EMS services only.

6.2 The Chief shall have completed the Incident Management Fire Officer II level of training as provided by the Delaware State Fire School, or equivalent approved by the Commission prior to certification.

6.3 At least 4 members, in addition to completing the 48 hours required by subsection 6.1 shall have completed 24 hours of Pump School as provided by the Delaware State Fire School prior to certification or equivalent approved by the Commission.

6.4 All active members shall receive at least 24 hours of approved additional training the first 2 years by attending the Delaware State Fire School or in-service training at the station.

6.5 All operators of Fire Apparatus shall have an Emergency Vehicle License, and Commercial or, Non Commercial Drivers License, as required by the State of Delaware.

7.1 The fire station shall be of adequate size to provide space for at least 3 pieces of apparatus. At least 2 pieces of apparatus shall have direct access to the street so it will not be necessary to remove 1 vehicle to permit a second vehicle to respond.

7.2 The fire station shall be fully sprinklered and of fire resistive or non-combustible construction in accordance with any and all building codes and zoning requirements within the local jurisdiction.

7.3 The station shall be equipped with an emergency power supply as approved by the Commission.

7.4 Preliminary and final plans, specifications, etc., shall be submitted to the Commission for approval before work is started.

7.5 A pre-existing building may be approved, providing it meets the standards and requirements set forth in this Section. Preliminary and final plans must still be submitted and approved by the Commission.

8.1 The Fire Department shall maintain a base radio station that is compatible with existing Public Safety Answering Point.

8.2 Each piece of apparatus shall be equipped with a mobile radio which is compatible with the existing Public Safety Answering Point.

8.3 A copy of the Federal Communication Commission license shall be sent to the Commission.

9.1 The fire emergency phone shall be on a private phone line direct to the county call board/dispatching center Public Safety Answering Point.

9.2 Fire alerting equipment shall be sirens, and or tone activated radio receiving equipment.

9.3 Fire alerting equipment shall be tested according to county policy.

10.1 Personal protection. There shall be a minimum of 25 15 sets of running gear. Running gear shall include the following approved items: helmets, bunker coat, bunker pants, boots, gloves, and eye protection. NFPA 1971, 1972, 1973 and 1974. All equipment shall meet the appropriate NFPA standard in Chapter 8 of this regulation.

10.2 Fire apparatus

10.2.1 Two pieces of pumping apparatus purchased shall conform to the provisions outlined in appropriate Chapters of NFPA 1901.

10.2.2 One piece of pumping apparatus, less than 2 years old from date of most recent Manufacturer’s Certification of Hydrostatic Test, shall be provided. The apparatus shall conform to subsections 10.2 - 10.6 of Chapter 3 of this regulation. The second piece shall be certified as per subsection 10.3.3 of Chapter 3 of this regulation in the last 10 years.

10.3 Pump

10.3.1 The pump shall be capable of delivering a minimum of 750 GPM at 150 PSI net pump pressure. Reference in the appropriate Chapter of NFPA 1901.

10.3.2 The pump shall conform to the provisions in the appropriate of Chapter of NFPA 1901, in regards to design and performance requirements, construction requirements, operating controls and devices, and acceptance requirements.

10.3.3 Pump Certification, as referenced in subsection 10.2.2 shall consist of either: copies of the manufacturer's run-in certification, pump manufacturer's certification of hydrostatic test, or by a third party approved by the Commission.

10.4 Water carrying capacity

10.4.1 If the area to be served by the Company has an approved municipal or private water system throughout the district, at least 1 apparatus shall be capable of carrying 500 gallons of water.

10.4.2 If the area to be served is rural, with no water system, at least 1 apparatus shall be capable of carrying 1,000 gallons of water.

Chapter 4 Minimum Requirements for the Establishment of Additional Stations for Existing Fire and/or EMS Fire/EMS Companies/Departments in the State of Delaware

1.1 Existing fire and/or EMS fire/EMS companies/departments desiring to establish additional station(s) station or stations within the State of Delaware shall immediately advise the State Fire Prevention Commission of their intent by letter.

1.2 The Commission shall, upon receipt of the notification, send a copy of these regulations to the fire and/or EMS fire/EMS companies/departments. The Commission shall notify the parties in writing of the date and time to appear before the Commission. The company/department making the request will be required to appear before the Commission to make a brief presentation and answer questions concerning the proposed additional station(s) station or stations. Bordering companies/departments may send a written response or a written request to appear before the Commission at the scheduled hearing.

1.3 It is necessary for the fire and/or EMS fire/EMS company/department desiring the additional station to follow certain steps to comply with these regulations. The steps to be followed are:

1.3.1 Compliance with Section 2.0 - Authorization of additional station(s) of Chapter 4 of this regulation - Authorization of substation or additional station.

1.3.2 Compliance with Section 3.0 - Fire station construction and submittal of plans of Chapter 4 of this regulation - Fire/EMS station construction and submittal of plans.

1.3.3 Communications and alarm receiving and alerting equipment.

1.3.4 Equipment

1.3.5 Waivers/Exemptions.

1.4 Temporary/emergency fire and/or EMS fire/EMS station. The Commission may waive the procedures set forth herein whenever it determines that the health and safety of the public or the good of the fire and/or EMS fire/EMS service in general requires such a waiver.

2.1 The Commission shall determine whether any new substation and/or or additional station shall be authorized in any part of the State. In making such determination, the Commission shall consider among things the ability, financial or otherwise, of the company/department seeking authorization to maintain an effective fire and/or EMS fire/EMS company and fire and/or EMS fire/EMS protection needs of the area involved.

2.2 The location of the additional fire and/or EMS station(s) fire/EMS station or stations shall be within the requesting company/department’s district boundaries. The location shall be selected, taking into account the location of high life hazards, concentrations of values, topographical conditions, bridges, man-made barriers such as railways or limited access highways, the locations of neighboring fire and/or EMS fire/EMS stations and the availability of department members.

2.3 A certified plot plan showing the proposed location of the station shall be submitted to the Commission.

2.4 Neighboring fire and/or EMS fire/EMS companies/departments may join together to combine resources for an additional station(s) station or stations provided all parties appear before the Commission in support of the request.

3.1 The additional station(s) station or stations shall be of adequate size to provide space for at least 2 or 3 pieces of emergency equipment. At least 2 pieces of apparatus shall have direct access to the street so it will not be necessary to remove 1 vehicle to permit a second vehicle to respond.

3.2 The additional station shall be fully sprinklered and of fire resistive or non-combustible construction in accordance with any and all building codes, fire codes and zoning requirements within the local jurisdiction and must provide proper rest room facilities.

3.3 The additional station(s) station or stations shall be equipped with an emergency power supply to keep the station(s) station or stations operational during a power outage.

3.4 Preliminary and final plans, specifications, etc., shall be submitted to the Commission for approval along with a copy of the appropriate permits from the County or Jurisdictional Building Department and Fire Marshal's Office before work is started.

3.5 A pre-existing building may be approved, providing it meets the standards and requirements set forth in this Section. Preliminary and final plans, along with a copy of the appropriate permits from the County or Jurisdictional Building Department and Fire Marshal's Office, must still be submitted and approved by the Commission.

4.1 The fire/EMS emergency phone shall be on a private phone line direct to the county/local dispatch center Public Safety Answering Point.

4.2 Fire alerting equipment shall be any of the following: siren, tone activated radio, pager or whatever might be the latest technology in use in the respective county/state at that time, such as alpha/numeric pagers, cell phone/text messaging or internet systems.

4.3 The station(s) station or stations shall be equipped with the proper computer, fax and printer equipment necessary to transmit and receive data from the local dispatch center, hospitals, state and county agencies including but not limited to fire and EMS reports required by the state.

4.4 All fire and EMS units shall be equipped with the proper radio/computer equipment to communicate with the local dispatch center and local/state agencies.

4.5 Fire/EMS alerting communications equipment shall be tested as agreed upon by the fire and EMS community and the respective county/state.

5.1 Personal protection

5.1.1 There shall be a minimum of 15 sets of personal protection equipment. This equipment shall include, but not be limited to, the following items: helmet, bunker coat, bunker pants, boots, gloves, eye protection and PASS device. All equipment shall meet the appropriate NFPA standard.

5.1.2 Stations that will house a BLS unit shall also provide proper protection for the BLS crew to operate safely at emergency incidents. This equipment shall include, but not be limited to, head protection, reflective outer wear, gloves and eye protection. All equipment shall meet the appropriate NFPA standard.

5.2 Fire apparatus

5.2.1 The fire apparatus shall be that which meets the needs of the requesting company and is approved by the Commission.

5.2.2 All fire, rescue and aerial apparatus shall conform to the provisions outlined in the appropriate chapters of NFPA No. 1901. If pumping apparatus is provided, Chapter 3, subsection 10.3 shall be complied with.

6.1 Fire and/or EMS Fire/EMS company/department requests for waivers for certain equipment will be considered.

6.2 Consideration will be given to the requesting company/department to move equipment as needed.

Chapter 5 - Live Fire Training Regulations

1.1 Scope. Chapter 5 of this regulation deals with the establishment of procedures, in addition to NFPA 1403, for training of fire suppression personnel engaged in structural fire fighting operations under live fire training. Effective July 1, 1995.

1.2 Purpose. This regulation deals with the training of structural firefighting under live fire conditions and focuses on training for coordinated interior fire suppression operations with a minimum exposure to risk for the participants.

1.3 General. Live fire training in a training center burn building or in a suitable acquired building awaiting demolition is an excellent means of training firefighters. While this type of training provides high levels of realism, it obviously carries with it most of the hazards of interior firefighting at an actual emergency. Live fire training evolutions must be planned with great care and supervised closely by instructional personnel. The information contained in this regulation is designed to ensure adequate levels of safety while allowing the local organization some flexibility to utilize independent judgement judgment based on local situations and the level of training to be accomplished. All planning and execution shall be reviewed and supervised in conjunction with representatives of the Delaware State Fire School.

1.4 Definitions. Unless expressly stated elsewhere, the following terms shall, for the purposes of this regulation, have the meanings indicated below.

The following words and terms when used in this regulation have the following meaning:

“Acquired Building building” means a structure acquired, purchased, or fabricated by the Authority Having Jurisdiction from a property owner authority having jurisdiction for the purpose of conducting live fire training evolutions.

“Authority Having Jurisdiction” The "Authority Having Jurisdiction" having jurisdiction” means, for the purpose of live fire training training, is the fire chief.

”Demonstration” means a practical showing by example of how a principle or method is applied.

“Instructor” means an individual designated by the authority having jurisdiction to deliver structural firefighting training; who has the training and experience to supervise students during live fire training evolutions in structures.

“Live Fire fire” means any unconfined open flame or device that can propagate fire to the building or other combustible materials.

“Officer‑in‑Charge” “Officer‑in‑charge” means an individual designated by the authority having jurisdiction to be in charge of the live fire training evolution.

“Participant” means any student, instructor, safety officer, visitor, or person who is involved in the live fire training evolution within the operations area.

“Safety Officer officer” means an individual designated by the authority having jurisdiction to maintain a safe working environment at all live fire training evolutions.

”Student” means any person who is present at the live fire training evolution for the purpose of receiving training.

2.1 Minimum Training. In order to ensure safe operations during a live fire training exercise, all participating personnel shall meet a minimum level of basic training as required by the Authority Having Jurisdiction authority having jurisdiction.

2.1.2 Requirements of a minimum basic training for students, crew leaders, instructors, safety officers, and officers in charge participating in live fire training shall be determined by the Authority Having Jurisdiction authority having jurisdiction.

3.1 General. Strict safety practices shall be applied to all structures selected for live fire training evolutions. These practices will vary greatly in the degree of application when comparing burn building structures to acquired structures. By their nature, burn buildings have been designed specifically for the purpose of repeated live fire training evolutions and include safeguards that only become unacceptably hazardous through misuse or improper maintenance. Acquired structures, on the other hand, were never designed or intended for burn applications and through disrepair may lack even fundamental elements of fire resistance.

3.2 Procurement of Acquired Buildings. Any building that is considered for a structural fire training shall be properly prepared for the live fire training. Preparation will include following the Delaware Fire Prevention Commission Burn Regulations.

3.3 Preparation of Acquired Buildings

3.3.1 In preparation for live fire training, an inspection of the structure shall be made to determine that the floors, walls, stairs, and other structural components are capable of withstanding the weight of content, participants, and accumulated water.

3.3.2 Removal or neutralization of all hazardous storage and conditions within the structure shall be accomplished. Closed containers and highly combustible materials shall be removed. Oil tanks and similar closed vessels that cannot easily be removed shall be vented sufficiently to eliminate an explosion or overpressure rupture, and have any hazardous or combustible atmosphere within the tank or other vessel shall be rendered inert. Hazards potentially dangerous to participants such as floor openings, missing stair treads and rails, and other such hazards shall be repaired or made inaccessible.

3.3.3 In order to secure optimum participant personal safety from unforeseen environmental hazards, a careful examination of the building or structure shall be conducted to determine that the following items have been addressed, if applicable, to the specific evolution.

3.3.3.1 Floors, railings, and stairs shall be made safe;

3.3.3.2 Special attention shall be given to potential chimney hazards;

3.3.3.3 Debris creating or contributing to unsafe conditions shall be removed;

3.3.3.4 Extraordinary weight above the training area shall be removed or the area below it shall be rendered inaccessible;

3.3.3.5 Adequate ventilation openings shall be made in the roof;

3.3.3.6 Utilities shall be disconnected;

3.3.3.7 All forms of asbestos deemed hazardous to personnel shall be removed.

3.3.4 Roof ventilation openings that are normally closed but can be opened in the event of emergency may be utilized. These may consist of panels or hinged covers.

3.3.5 Buildings that cannot be made safe as required by subsection 3.3 shall not be utilized for interior live fire training evolutions.

3.4 Exposures

3.4.1 Adjacent building or property that might become involved shall be properly protected in accordance with the Delaware Fire Prevention Commission Burn Regulations.

3.4.2 Utility service adjacent to the building shall be removed or protected.

3.4.3 Property adjacent to the building that could be affected by the smoke from the building, such as railroads, airports, or heliports; nursing homes, hospitals, or other similar facilities shall be identified and the person-in-charge informed about the date and time of the live fire training evolution.

3.4.4 Streets or highways in the vicinity of the building shall be surveyed for potential effects from live fire training evolutions. Appropriate safeguards shall be taken to eliminate any possible hazard to motorists. Such safeguards may include street closing, traffic rerouting, signs, and police traffic control.

3.4.5 Pedestrian traffic in the vicinity of the building shall be kept clear of the operations area of the live burn. Fire lines shall be established for this purpose.

3.5 Water Supply

3.5.1 The water supply for any individual live fire training evolution shall be assessed based on the extent of the evolutions, size and structure of the building and contents to be involved, method of attack to be employed, protection of exposures, and reserves for unexpected problems.

3.5.2 Separate sources shall be utilized for supply of attack lines and backup lines in order to preclude the loss of both water supply sources at the same time.

3.6 Vehicle Parking/Staging

3.6.1 Adequate areas for staging, operating, and parking of the fire apparatus that will be used in the live fire training evolution shall be designated.

3.6.2 An area shall be designated to park fire apparatus and vehicles that are not a part of the evolution so as to not interfere with fire ground operations. Consideration shall be given to locating this area for prompt response of apparatus in the event of an emergency.

3.6.3 If required or necessary, parking areas for police vehicles or for the press shall be designated.

3.6.4 A parking area for an ambulance or emergency medical service vehicle shall be designated. Consideration shall be given to locating this area for prompt response in the event of a personal injury to participants in the evolution.

3.6.5 Consideration shall be given to the designation and layout of ingress-egress routes in order to assure their availability in the event of an emergency.

3.7 Preburn Briefing Session

3.7.1 Prior to conducting actual live fire training evolutions in the building, a preburn briefing session shall be conducted for all participants. All facets of all evolution to be conducted shall be discussed and assignments shall be made for all crews participating in the training session. The location of simulated victims (see subsection 5.2.10) need not be disclosed, provided that the possibility of victims is discussed in the preburn briefing.

3.7.2 Prior to conducting any live fire training in the structure, all participants shall have a knowledge and familiarity with the layout of the building in order to facilitate necessary evacuation of the building. Prior to conducting any live fire training in the structure, all participants of the evolution shall be required to have a walk-through of the structure.

3.7.3 A building evacuation plan shall be established and an evacuation signal shall be demonstrated to all participants prior to the live fire training evolution.

3.8 Spectator Safety

3.8.1 All spectators shall be restricted to an area outside the operations area perimeter established by the fire chief or his designee.

3.8.2 Visitors allowed to observe operations and allowed within the perimeter shall be escorted at all times.

4.1 Material Types

4.1.1 The fuels that are utilized in live fire training evolutions shall have known burning characteristics of such a nature to be as controllable as possible. Unidentified materials, such as debris found in or around the structure which may burn in an unanticipated way, react violently, or create environmental or health hazards, shall not be used.

4.1.2 Class A materials shall be used in only the amounts necessary to create the desired fire size.

4.1.3 Exception: pressure treated wood, rubber, and plastic materials shall not be used.

4.2 Fire Growth. The officer-in-charge shall assess the selected fire-room environment for factors that will affect the growth, development, and spread of fire.

5.1 Safety Officer/Designee

5.1.1 A safety officer shall be appointed by the authority having jurisdiction for all live fire training evolutions.

5.1.2 The safety officer shall have the authority, regardless of rank, to intervene and control any aspect of the operations when, in his or her judgement, a potential or real danger, accident, or unsafe condition exists.

5.1.3 Responsibilities of the safety officer shall include:

5.1.3.1 Prevention of unsafe acts.

5.1.3.2 Elimination of unsafe conditions.

5.1.4 The safety officer shall provide for the safety of all persons on the scene including students, instructors, visitors, and spectators.

5.1.5 The safety officer shall not be assigned other duties that interfere with safety responsibilities.

5.1.6 If the safety officer notices any unsafe act or condition occur, he/she shall report it to the officer-in-charge as soon as possible.

5.2 Other Safety Requirements

5.2.1 Sufficient backup lines shall be provided to ensure adequate protection for personnel on training attack lines.

5.2.2 The officer-in-charge of the live fire training evolutions shall determine, prior to each specific evolution, how many training attack lines and backup fire lines will be necessary. The officer-in-charge shall then:

5.2.2.1 Assign a crew leader to each line, and will not exceed 5 students

5.2.2.2 Assign sufficient additional personnel to "backup lines" to provide mobility

5.2.3 Additional safety personnel, as deemed necessary by the officer-in-charge, shall be strategically placed within the structure to react to any unplanned or threatening situation or condition.

5.2.4 A method of fireground communications shall be established to allow coordination among the incident commander, the interior and exterior sectors, the safety officer, and external requests for assistance.

5.2.5 Emergency medical services shall be available to handle any injuries. Written reports shall be made on all injuries and on all medical aid rendered.

5.2.6 One person shall be designated as the "ignition officer" to control the materials being burned. The ignition officer shall not be a student.

5.2.7 The ignition officer shall wear full protective clothing, including self-contained breathing apparatus (SCBA) as required in subsection 5.3, when performing this function.

5.2.8 The decision to ignite the training fire shall be made by the instructor-in-charge in coordination with the safety officer. No more than 1 fire shall be permitted within a building, except in training center burn buildings specifically designed for concurrent, multiple live fire training evolutions.

5.2.9 A thorough search of the structure shall be conducted to ensure that no unauthorized persons, animals, or objects are in the building immediately prior to ignition.

5.2.10 No person shall be placed inside the building to play the role of a victim.

5.3 Protective Clothing and Equipment

5.3.1 Each participant shall wear full protective clothing and SCBA.

5.3.2 Prior to entry into a live fire training evolution, all protective gear shall meet requirements of the authority having jurisdiction.

6.1 General

6.1.1 The authority having jurisdiction shall designate an individual to deliver structural firefighting training.

6.1.2 Other factors such as extreme temperatures, large groups, and long-duration classes shall be taken into consideration, and additional crew leaders shall be designated as deemed necessary to ensure proper levels of safety.

6.2 Officer Responsibilities.

6.2.1 The officer-in-charge of the live fire training shall be responsible for full compliance with this regulation.

6.2.2 Crew leader shall make a head count both when entering and exiting the building during an actual attack evolution conducted in accordance with this regulation. Crew leader shall closely monitor and supervise all assigned students during the live fire training evolution.

The authority having jurisdiction shall keep all necessary reports and records required.

Chapter 6 - Burn Regulations

The following words and terms when used in this regulation have the following meaning:

“Fire Chief chief” means the elected or appointed individual, their designee designee, or the member of the department serving in that capacity.

“Fire Department department” means the Fire Department fire department recognized by the Delaware State Fire Prevention Commission as having jurisdiction in a given area.

“Necessary Permits permits” means those permits as required by the local, county or state regulations or laws.

”Neighboring Property Owners property owners” means the owners of any adjacent property or structures.

“Property Owner owner” means the individual or individuals whose name appears on the title or deed to the property.

"PSAP" shall mean means Public Safety Answering Point, which is the designated Emergency Dispatch Center for the fire district in which the burn is to take place, including New Castle County Fire Board, Kent Center, Sussex Base and Rehoboth Center.

“Suitable Atmospheric Conditions atmospheric conditions” means weather conditions as determined by the Department of Natural Resources and Environment Control as suitable for open burning.

“Water Supply Company supply company” means the local or county or private corporation that provides water necessary for fire protection to a given area.

2.1 Property Owner owner should contact Fire Department fire department to request the controlled burning.

2.1.1 Emergency Dispatch Centers shall refer all questions about burning of brush or buildings to Fire Chief fire chief of appropriate district.

2.2 The Fire Chief fire chief or property owner will obtain all approvals that are applicable and provide copies to the Fire Department fire department. The approvals may include:

2.3 The property owner will provide the Fire Chief/Fire Department fire chief/fire department with written confirmation that the property is not insured for fire loss.

2.4 The Fire Chief fire chief will confirm that the property owner has notified all neighboring property owners of the burn. This notification should include an anticipated time and date when the burn will take place.

2.4.1 The property owner will immediately notify the Fire Chief fire chief if a problem occurs.

2.4.2 Should a neighboring property owner object to the burn, it will not be conducted until all objections are resolved.

2.4.3 The Fire Chief fire chief may require written releases from neighboring property owners.

2.5 The Fire Chief fire chief will ensure that there is ample water and that suitable atmospheric conditions exist before ignition.

2.6 The Fire Chief fire chief will confirm that the property owner has contacted the following utility companies for service disconnect:

2.7 The property owner is responsible to contact the appropriate water supplier for permission to use water during the controlled burning.

2.7.1 An existing agreement between the Fire Department fire department and water supplier may eliminate this step.

2.7.2 The Fire Chief fire chief will be provided with the name of the person and date the property owner made contact.

2.8 At the discretion of each fire department, prior to the burn, the Fire Chief fire chief and the property owner will mark the structure.

2.9 Prior to ignition, the Fire Chief fire chief will ensure that proper safety measures to protect the burn participants and neighboring property have been taken. A check list may be used.

2.10 Should the structure be used for training prior to or during burning, the Fire Chief fire chief will obtain a letter from the property owner authorizing this use.

2.11 The Fire Chief fire chief will notify the appropriate emergency dispatch Center center prior to ignition.

2.12 Immediately prior to ignition, the Fire Chief fire chief will make a final inspection of the structure and surrounding area to check for any unsafe conditions or items that would prevent the burning.

2.13 Upon completion of the burn, the Fire Chief fire chief will notify the Department of Natural Resources and Environmental Control the burn is completed.

2.14 For any reason, should the Fire Chief fire chief feel the burn may not be conducted in a safe and proper manner, the Fire Chief/Fire Department fire chief/fire department shall have the authority to refuse to burn any property at anytime.

2.15 At the conclusion of the burn or training exercise, the Fire Chief fire chief shall turn the property back to the owner who is responsible for security.

Chapter 7 Health and Safety

1.1 Minimum training is required to ensure firefighters can safely and adequately perform functions at emergency scene operations. Fire Companies are required to track and maintain training records for all members. Members shall only be assigned duties commensurate with their training.

1.2 For members to perform independently or as a part of a team, they must have successfully completed the Delaware State Fire School curriculum or an approved equivalent training of basic fire skills, structural skills, hazmat response skills and vehicle rescue.

1.3 Members not yet trained at these levels must be closely supervised by trained members when operating at scenes. Members that are not trained in structural fire skills shall not be assigned interior duties at structural fires and may only participate as support personnel.

1.4 Sufficient equivalency of training shall be determined by the Commission through the Director of the Delaware State Fire School (DSFS). Members elected, appointed, or employed that are assigned or perform duties at training or alarms at a crew management level must have successfully completed the Delaware State Fire School curriculum or an approved equivalent training of Fire Officer 1.

1.5 Members elected, appointed, or employed that are assigned or perform duties at training or alarms at a scene management level must have successfully completed the Delaware State Fire School curriculum or an approved equivalent training of Fire Officer 2.

1.6 Sufficient equivalency of training shall be determined by the Commission through the Director of the Delaware State Fire School (DSFS). Those seeking equivalency shall submit full training records or transcripts shall be submitted to the DSFS for review.

Fire Companies must have and make available all Department Governance information to all members. This includes By-Laws and Standard procedures or Guides.

3.1 Fire Companies must develop and utilize procedures or guides to assist with responding and on-scene safety to include:

3.1.1 A risk management plan.

3.1.2 Respiratory program including SCBA use.

3.1.3 Traffic interface safety.

3.1.4 Personal Protection Equipment use and care.

3.1.5 Safe operations of motor vehicles both in routine and emergency response modes.

3.1.6 Pre-planned identified automatic or mutual aid resources to ensure sufficient staffing and equipment. Primary assignment of mutual aid must be based on proper typed resources with proximity always the primary consideration.

3.1.7 Utilize a recognized incident command system.

3.1.8 Health and Safety program that includes infection control and responder wellness.

4.1 Fire Companies must develop and utilize procedures or guides to assist with known hazards in the response area. These procedures or guides are to assist with safe operations and include:

4.1.1 Structural scene strategies / tactics and activities.

4.1.2 Size up considerations.

4.1.3 Staging considerations.

4.1.4 Operating in basements, sprinkled structures, and vacant structures.

4.1.5 Mayday.

4.1.6 Automatic fire alarm response.

4.1.7 Waste containers.

4.1.8 Guides for on scene managers to request assistance and communications plan.

All response equipment must meet the specific requirements of NFPA 1901 and NFPA 1911 including equipment and testing requirements along with any DOT required inspection program.

Chapter 8 Applicable NFPA Standards

The following are additional All National Fire Protection Standards current standards are adopted and incorporated herein by reference: