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Delaware Statutes, Title 16

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Delaware/Statutes

← All Delaware coverage

Title 16, Health and Safety

148 chapters · 1,804 sections in this title.

All chapters in Title 161,804 Ch 47, UNIFORM CONTROLLED SUBSTANCES ACT89 Ch 11, Long-Term Care Facilities and Services79 Ch 30f, ANIMAL WELFARE65 Ch 1, DEPARTMENT OF HEALTH AND SOCIAL SERVICES63 Ch 51, THE DEPARTMENT OF HEALTH AND SOCIAL …57 Ch 66, FIRE PREVENTION46 Ch 31, REGISTRATION OF BIRTHS, DEATHS, MARR…41 Ch 56, Behavioral Health [For application o…36 Ch 79, Basic Plumbing Principles35 Ch 9, ABUSE OF CHILDREN32 Ch 27, ANATOMICAL GIFTS AND STUDIES32 Ch 25, Uniform Health-Care Decisions Act30 Ch 99, DELAWARE HEALTH CARE COMMISSION30 Ch 10, HOSPITALS28

46 sections·Filtered byTitle 16✕Ch 66✕

16 Del. C. § 6601. Objectives.
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§ 6601. Objectives. The objective of the State Fire Prevention Commission, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe pract…
16 Del. C. § 6601A. Definitions [Effective Mar. 2, 2027].
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§ 6601A. Definitions [Effective Mar. 2, 2027]. As used in this chapter: (1) “Applicant” means an individual who seeks to serve as a member under this chapter. (2) “Approved subsidiary” includes an auxiliary operating under the same tax identification number as a volunteer fire or…
16 Del. C. § 6602. State Fire Prevention Commission — Appointment; qualifications; cause for removal; term of office; members to serve without compensation.
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§ 6602. State Fire Prevention Commission — Appointment; qualifications; cause for removal; term of office; members to serve without compensation. (a) The State Fire Prevention Commission shall consist of 7 commissioners as follows: 3 representatives of business and industry to in…
16 Del. C. § 6603. State Fire Prevention Commission — Organization and meetings.

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§ 6603. State Fire Prevention Commission — Organization and meetings. (a) The Commission shall elect a Chairperson and Vice Chairperson from among its Commissioners and shall hold regular meetings at least once a month. Special meetings may be called by the Chairperson, by the Vi…

16 Del. C. § 6604. State Fire Prevention Commission — Powers and duties [Effective until Mar. 2, 2027].

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§ 6604. State Fire Prevention Commission — Powers and duties [Effective until Mar. 2, 2027]. The State Fire Prevention Commission shall have authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgate…

16 Del. C. § 6605. State Fire Prevention Commission Advisory Board [Repealed].

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§ 6605. State Fire Prevention Commission Advisory Board [Repealed].77 Del. Laws, c. 444, § 4; repealed by 83 Del. Laws, c. 143, § 4, effective Sept. 10, 2021.;

16 Del. C. § 6606. Annual report; financial statement and budget.

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§ 6606. Annual report; financial statement and budget. (a) The State Fire Prevention Commission shall annually, on or before September 30, transmit to the Governor a full report of its proceedings under this chapter and such statistics as it may wish to include therein. It shall …

16 Del. C. § 6607. Power of State Fire Prevention Commission to authorize new fire companies or substations; resolve boundary disputes; and prohibit cessation of necessary fire protection services.

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§ 6607. Power of State Fire Prevention Commission to authorize new fire companies or substations; resolve boundary disputes; and prohibit cessation of necessary fire protection services. (a) The State Fire Prevention Commission, with the advice of the Advisory Board set forth in …

16 Del. C. § 6607A. Injunctive relief.

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§ 6607A. Injunctive relief. The State Fire Prevention Commission may in its discretion bring an action in the Delaware Court of Chancery to temporarily restrain or enjoin any act or practice which constitutes a violation of an order of the State Fire Prevention Commission or of a…

16 Del. C. § 6608. Audits of volunteer fire and ambulance companies.

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§ 6608. Audits of volunteer fire and ambulance companies. (a) The State Fire Prevention Commission shall promulgate regulations requiring financial audits of volunteer fire and ambulance companies and the Smyrna and Georgetown American Legion Ambulances and the Mid-Sussex Rescue …

16 Del. C. § 6609. Appeals to the State Fire Prevention Commission — Procedure.

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§ 6609. Appeals to the State Fire Prevention Commission — Procedure. (a) Appeals to the State Fire Prevention Commission may be taken by any person aggrieved by an order or decision of the State Fire Marshal, or the Marshal’s Deputy or Deputies, based upon or made in the course o…

16 Del. C. § 6610. Appeals to the State Fire Prevention Commission — Powers upon appeals.

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§ 6610. Appeals to the State Fire Prevention Commission — Powers upon appeals. Upon appeals the State Fire Prevention Commission shall have the following powers: (1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, dec…

16 Del. C. § 6611. Court review of decision of State Fire Prevention Commission; procedure.

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§ 6611. Court review of decision of State Fire Prevention Commission; procedure. (a) Any person jointly or severally aggrieved by any decision of the State Fire Prevention Commission made in the exercise of its appellate function under §§ 6609 and 6610 of this title, or in exerci…

16 Del. C. § 6612. State Fire Marshal — Term, salary, duties, powers and responsibilities.

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§ 6612. State Fire Marshal — Term, salary, duties, powers and responsibilities. (a) The State Fire Marshal shall reside in Delaware after appointment. The State Fire Marshal shall receive such salary as may be set by the State Fire Prevention Commission within the limits set by t…

16 Del. C. § 6613. Reports from insurance companies; reports of investigations by State Fire Marshal.

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§ 6613. Reports from insurance companies; reports of investigations by State Fire Marshal. (a) Each fire insurance company or association doing business in this State shall, within 30 days after the adjustment of any loss sustained by it, report to the State Fire Marshal, upon fo…

16 Del. C. § 6614. Maintenance of fire hazard, violations of regulations or chapter; burn injuries and wounds to be reported; enforcement; remedies and penalties.

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§ 6614. Maintenance of fire hazard, violations of regulations or chapter; burn injuries and wounds to be reported; enforcement; remedies and penalties. (a) No person shall erect, construct, reconstruct, alter, maintain or use any building, structure or equipment or use any land i…

16 Del. C. § 6615. State Fire Marshal’s Advisory Board.

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§ 6615. State Fire Marshal’s Advisory Board. For the purpose of advising and making recommendations to the State Fire Marshal in connection with any matters relating to the State Fire Marshal, there is hereby created the State Fire Marshal’s Advisory Board. The Advisory Board sha…

16 Del. C. § 6616. Protection of records.

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§ 6616. Protection of records. Any and all records and reports compiled by the State Fire Marshal’s office resulting from the State’s Juvenile Fire Setter Intervention Program, including, but not limited to, case histories, interviews and findings, shall be considered confidentia…

16 Del. C. § 6617. Location; supervision; purposes.

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§ 6617. Location; supervision; purposes. There is established in the Dover area a state institution known as the Delaware State Fire School. The Delaware State Fire School shall be under the supervision and control of the State Fire Prevention Commission to effectuate the followi…

16 Del. C. § 6618. State Fire Prevention Commission’s powers and duties.

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§ 6618. State Fire Prevention Commission’s powers and duties. (a) The State Fire Prevention Commission shall have complete jurisdiction over the Delaware State Fire School and is vested with full power and authority: (1) To adopt rules and regulations necessary for the governing …

16 Del. C. § 6619. Director and employees.

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§ 6619. Director and employees. The State Fire Prevention Commission shall employ a Director for the Delaware State Fire School who shall be especially trained and qualified in fire fighting, fire experimental work, and emergency services training or shall have such other qualifi…

16 Del. C. § 6620. School attendance fees.

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§ 6620. School attendance fees. The Director with the consent and approval of the State Fire Prevention Commission may fix and collect admission fees and other fees that it may deem necessary to be charged for training given, and it is expressly provided that all such fees so col…

16 Del. C. § 6621. Liability in the performance of instructional service.

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§ 6621. Liability in the performance of instructional service. (a) No full-time or part-time instructor certified, assigned, approved or contracted by the Delaware State Fire School who in good faith provides instructional services shall be liable for any civil damages as a resul…

16 Del. C. § 6622. Buildings and equipment.

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§ 6622. Buildings and equipment. The State Fire Prevention Commission shall have the power to prescribe and shall make the necessary rules and regulations for the use of the buildings, equipment and other facilities of the institution when they are not in use for the purpose set …

16 Del. C. § 6623. Fire School Advisory Board.

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§ 6623. Fire School Advisory Board. For the purpose of advising and make recommendations to the State Fire School in connection with any matters relating to the State Fire School, there is hereby created the State Fire School Advisory Board. The Advisory Board shall be comprised …

16 Del. C. § 6631. Smoke detectors required.

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§ 6631. Smoke detectors required. (a) Each owner of a residential occupancy, used wholly or in part as a home, residence, dwelling or sleeping place for 1 or more persons, either permanent or transient, including but not limited to any 1-family and 2-family dwelling, mobile home,…

16 Del. C. § 6632. Smoke detector installation in 1- and 2-family dwellings; mobile homes; modular homes; townhouses.

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§ 6632. Smoke detector installation in 1- and 2-family dwellings; mobile homes; modular homes; townhouses. (a) Each 1-family and 2-family dwelling, mobile home, modular home, and townhouse shall have smoke detection devices and/or smoke detection systems installed according to th…

16 Del. C. § 6633. Smoke detector installation; other residential occupancies.

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§ 6633. Smoke detector installation; other residential occupancies. (a) Each lodging, rooming or boarding house; hotel, motel, bed and breakfast facility; dormitory; apartment or multi-family dwelling; board and care facility; or a residential occupancy by any other name shall ha…

16 Del. C. § 6634. Smoke detectors; compliance dates.

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§ 6634. Smoke detectors; compliance dates. (a) For each newly erected or constructed 1-family and 2-family dwelling, mobile home, modular home or townhouse listed in § 6631 of this title, the compliance date shall be July 8, 1993. (b) For all existing 1-family and 2-family dwelli…

16 Del. C. § 6635. Smoke detectors; penalties for noncompliance.

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§ 6635. Smoke detectors; penalties for noncompliance. (a) Each owner and/or tenant of every building or occupancy required to have smoke detection devices and/or smoke detection systems in accordance with this subchapter, whether an individual or a body corporate, who fails to co…

16 Del. C. § 6636. Exceptions; claims of negligence.

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§ 6636. Exceptions; claims of negligence. Failure to comply with this subchapter shall not be considered as evidence of either comparative or contributory negligence in any civil suit or insurance claim adjudication arising out of any injury or death arising from a fire or the di…

16 Del. C. § 6637. Fire Detection Fund.

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§ 6637. Fire Detection Fund. (a) This section shall be referred to as the “Delaware Fire Detection Fund.” (b) A special fund of the State is hereby created to be known as the “Delaware Fire Detection Fund.” All moneys, including gifts, bequests, grants or other funds from private…

16 Del. C. § 6638. Definitions.

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§ 6638. Definitions. As used in this subchapter: (1) “Alarm Activation Report” means a designated form issued by the State Fire Marshal for use by the Fire Chief indicating the alarm signal was found to be the result of a false alarm. (2) “Alarm signal” means the activation of a …

16 Del. C. § 6639. Initial installation requirements.

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§ 6639. Initial installation requirements. (a) Upon the installation of a new fire alarm signaling system, the fire alarm contractor shall furnish the owner with written operating instructions and training to enable the owner to use the fire alarm signaling system properly. The f…

16 Del. C. § 6640. Fire alarm signaling monitoring companies.

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§ 6640. Fire alarm signaling monitoring companies. (a) All fire alarm signaling monitoring companies are responsible for directing the call reporting the fire alarm signal to the appropriate dispatch center, and for providing the dispatch center with accurate location information…

16 Del. C. § 6641. Testing of fire alarm signaling systems.

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§ 6641. Testing of fire alarm signaling systems. (a) No person shall conduct any test or demonstration of a fire alarm signaling system without first contacting the appropriate fire dispatch center and fire alarm signaling monitoring company. The fire dispatch center and fire ala…

16 Del. C. § 6642. Inspection and maintenance of fire alarm signaling systems.

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§ 6642. Inspection and maintenance of fire alarm signaling systems. (a) The owner shall ensure that the fire alarm signaling system is inspected and tested in accordance with the State Fire Prevention Regulations. (b) The owner shall ensure that the fire alarm signaling system is…

16 Del. C. § 6643. Fire alarm activation.

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§ 6643. Fire alarm activation. (a) The owner shall be responsible for the activation of a fire alarm signaling system. (b) A response to the activation of a fire alarm signaling system shall result when the fire department is dispatched to the premises where the fire alarm signal…

16 Del. C. § 6644. Excessive false alarms prohibited.

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§ 6644. Excessive false alarms prohibited. (a) Owners of a premise protected by a fire alarm signaling system shall not cause more than 3 false alarms within a calendar year. (b) The State Fire Marshal will record the number of Alarm Activation Reports for each premise. (c) An ow…

16 Del. C. § 6645. Civil penalties and appeals.

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§ 6645. Civil penalties and appeals. (a) The State Fire Marshal shall assess all civil penalties as outlined in this subchapter. (b) All civil penalties will be paid within 30 days of assessment. (c) All moneys derived from the civil penalties shall be placed in the Fire Detectio…

16 Del. C. § 6646. Definitions [Repealed effective Mar. 2, 2027].

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§ 6646. Definitions [Repealed effective Mar. 2, 2027].76 Del. Laws, c. 157, § 1; 77 Del. Laws, c. 444, § 3; repealed by 85 Del. Laws, c. 473, § 3, effective Mar. 2, 2027.;

16 Del. C. § 6647. Membership requirements for volunteer firefighters [Effective until Mar. 2, 2027].

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§ 6647. Membership requirements for volunteer firefighters [Effective until Mar. 2, 2027]. (a) A member or an applicant for membership in a Delaware volunteer fire department who has been convicted of or, had that member or applicant been charged as a juvenile, adjudicated delinq…

16 Del. C. § 6647A. Criminal history records [Effective Mar. 2, 2027].

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§ 6647A. Criminal history records [Effective Mar. 2, 2027]. (a) (1) Each of the following individuals must complete requests for state and federal criminal history record reports: a. An applicant for membership as a member. b. An individual who is a member and has interactions wi…

16 Del. C. § 6648. Delaware Burn Camp Corporation authorization.

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§ 6648. Delaware Burn Camp Corporation authorization. The State Fire Prevention Commission is hereby authorized to incorporate a nonprofit, nonstock corporation known as the Delaware Burn Camp Corporation for the purpose of establishing, administering and operating an overnight c…

16 Del. C. § 6649. Powers.

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§ 6649. Powers. The Delaware Burn Camp Corporation shall be empowered, notwithstanding any other laws to the contrary: (1) To adopt bylaws to govern the conduct of its affairs and to carry out and discharge its powers, duties and functions as appropriate; (2) To enter into contra…

16 Del. C. § 6650. Board of directors.

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§ 6650. Board of directors. (a) An initial board of directors of the Delaware Burn Camp Corporation shall consist of the members of the Burn Camp Task Force, as established under Senate Concurrent Resolution 38 of the 144th General Assembly, and 1 Commissioner from the State Fire…