Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 1418. Accreditation of bonds for investment purposes.
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§ 1418. Accreditation of bonds for investment purposes. Bonds issued under this chapter are made securities in which all public officers and public agencies of the State and its political subdivisions, and all bonds, trust companies, savings and loan associations, investment comp…
16 Del. C. § 1419. Transfer of interest by municipalities; use of certain lands; powers of municipalities.
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§ 1419. Transfer of interest by municipalities; use of certain lands; powers of municipalities. (a) Notwithstanding any contrary provision of law, any municipality may transfer jurisdiction over, lease, lend, grant, sell or convey to any authority upon the request of such authori…
16 Del. C. § 1420. Transfer of projects to municipalities; conditions; termination of authorities.
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§ 1420. Transfer of projects to municipalities; conditions; termination of authorities. When any authority shall have paid or provided for the payment of the principal of and the interest on all bonds secured by a pledge of any of the revenues of a project, it may (subject to any…
16 Del. C. § 1420A. Incorporation of project within other governmental system; assumption of debt.
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§ 1420A. Incorporation of project within other governmental system; assumption of debt. No project acquired or constructed by an authority pursuant to this chapter may be incorporated within any other governmental system except upon the assumption without surcharge to the authori…
16 Del. C. § 1421. Scope and construction of chapter.
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§ 1421. Scope and construction of chapter. This chapter shall constitute full and complete authority, without regard to any other law for the doing of the acts and things herein authorized, and shall be liberally construed to effect the purposes hereof; provided, however, that no…
16 Del. C. § 1501. Regulating construction of drainage systems and water supply systems.
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§ 1501. Regulating construction of drainage systems and water supply systems. (a) The Department of Health and Social Services may regulate and prescribe the manner in which all cesspools, privy wells and other drainage systems shall be constructed within the limits of all incorp…
16 Del. C. § 1502. Changing existing drainage systems.
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§ 1502. Changing existing drainage systems. The Department of Health and Social Services may order and direct any changes in the construction of any cesspool or privy well or other drainage already constructed and used on any property in any incorporated town or within 1 mile of …
16 Del. C. § 1503. Construction changes in drainage systems.
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§ 1503. Construction changes in drainage systems. The Department of Health and Social Services may order and direct that the owner of any property on which there is a cesspool or privy well and all other drainage already in use in any incorporated town or within 1 mile from the w…
16 Del. C. § 1504. Prohibiting surface drainage.
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§ 1504. Prohibiting surface drainage. The Department of Health and Social Services may prohibit the owner or tenant of any property within any incorporated town or within 1 mile from the water supply thereof from discharging any sewerage or drainage from any house or building on …
16 Del. C. § 1505. Cleaning of cesspools and privy wells.
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§ 1505. Cleaning of cesspools and privy wells. The Department of Health and Social Services may order and direct the owner or tenant of any property within any incorporated town or within 1 mile from the water supply thereof on which there is a cesspool or privy well to clean the…
16 Del. C. § 1506. Plans for construction or alteration of a water supply system.
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§ 1506. Plans for construction or alteration of a water supply system. All plans for the construction or alteration of a water supply system shall be submitted to the Division of Public Health of the Department of Health and Social Services for approval before the construction or…
16 Del. C. § 1507. Penalties; jurisdiction.
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§ 1507. Penalties; jurisdiction. (a) Whoever violates this chapter or any order or regulation of the Department of Health and Social Services or any laws of this State conferring powers upon boards of health or refuses or omits to obey such order and regulation within the time pr…
16 Del. C. § 1601. Short title.
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§ 1601. Short title. This chapter shall be known and may be cited as the “Delaware Litter Control Law.”60 Del. Laws, c. 613, § 1;
16 Del. C. § 1602. Declaration of intent.
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§ 1602. Declaration of intent. It is the intention of this chapter to end littering on public or private property, including bodies of water, as a threat to the health and safety of the citizens, fish, birds, and other animals of this State. It is also the intent of the General A…
16 Del. C. § 1603. Definitions.
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§ 1603. Definitions. As used in this chapter: (1) “Balloon” means a bag made from rubber, latex, polychloroprene, nylon, mylar, or other material which is or can be filled with air, water, or a gas, including helium, hydrogen, nitrous oxide, or oxygen. (2) “Dumping” means the dep…
16 Del. C. § 1604. Unlawful activities.
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§ 1604. Unlawful activities. (a) Littering. — It is unlawful for a person to deposit, throw, release, or leave, or cause or permit the depositing, placing, throwing, or leaving of litter on public or private property of this State, unless either of the following 2 conditions is m…
16 Del. C. § 1605. Penalties; jurisdiction; voluntary assessment form [For application of this section, see 83 Del. Laws, c. 283, § 50].
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§ 1605. Penalties; jurisdiction; voluntary assessment form [For application of this section, see 83 Del. Laws, c. 283, § 50]. (a) (1) A person found guilty of littering under § 1604(a) of this title must be punished by a fine of not less than $50 and up to 8 hours of community se…
16 Del. C. § 1606. Prima facie evidence.
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§ 1606. Prima facie evidence. (a) (1) The throwing, depositing, dropping, releasing, or dumping of litter from a motor vehicle, boat, airplane, or other conveyance in violation of this chapter is prima facie evidence that the operator of the conveyance violated chapter. (2) If, u…
16 Del. C. § 1607. Receptacles to be provided.
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§ 1607. Receptacles to be provided. (a) A public authority or agency having supervision of a property of this State shall do all of the following: (1) Establish and maintain receptacles for the deposit of litter at appropriate locations if a property is frequented by the public. …
16 Del. C. § 1608. Enforcement.
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§ 1608. Enforcement. All law-enforcement agencies of the State, including enforcement personnel of the Department of Natural Resources and Environmental Control, shall enforce this chapter.61 Del. Laws, c. 241, § 1; 82 Del. Laws, c. 167, § 7;
16 Del. C. § 1609. Notice.
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§ 1609. Notice. A retail or wholesale establishment that sells balloons must prominently display the following notice at the location in the establishment where balloons are sold or where payment is made: “The intentional release of balloons into the air is a violation of Delawar…
16 Del. C. § 1701. Bringing garbage or household refuse into State; permit and bond.
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§ 1701. Bringing garbage or household refuse into State; permit and bond. No person shall bring into the State from any place without the State, garbage or household refuse for the purpose of feeding it to hogs or for any other purpose, unless there has first been obtained from t…
16 Del. C. § 1702. Prohibited areas for garbage disposal; revocation of permit.
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§ 1702. Prohibited areas for garbage disposal; revocation of permit. The Department of Health and Social Services may at any time determine the limits of areas within which garbage under no circumstances shall be disposed of or deposited and shall at any time revoke any permit gi…
16 Del. C. § 1703. Nuisance.
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§ 1703. Nuisance. The bringing in of garbage from any place without the State without a permit, the depositing of garbage in any area not named by the Department of Health and Social Services as an area suitable for the disposal of such garbage, and the disposal of any garbage in…
16 Del. C. § 1704. Dumping refuse or other material upon property; penalty.
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§ 1704. Dumping refuse or other material upon property; penalty. (a) No person, by agent or otherwise, shall cast, throw, fell or deposit or in any manner cause to be felled or deposited on or upon any public or private real property anywhere in this State, without first obtainin…
16 Del. C. § 1705. Refuse from fowl and poultry dressing — Dumping.
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§ 1705. Refuse from fowl and poultry dressing — Dumping. No person shall dump or otherwise deposit any blood, garbage, carrion, offal, filth or other refuse derived or resulting from the dressing of fowl and poultry of all kinds in an obnoxious or noisome state upon any land or i…
16 Del. C. § 1706. Refuse from fowl and poultry dressing — Treatment.
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§ 1706. Refuse from fowl and poultry dressing — Treatment. (a) The Department of Natural Resources and Environmental Control, by rules and regulations, shall prescribe the methods and means of treating any blood, garbage, carrion, offal, filth or other refuse from the dressing of…
16 Del. C. § 1707. Burning of refuse and garbage in certain residential areas; penalty.
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§ 1707. Burning of refuse and garbage in certain residential areas; penalty. (a) In any residential area consisting of homes on lots of 1 acre or less no outdoor fire shall be fueled by any material other than wood, wood by-products, limited to paper, leaves, twigs, clippings and…
16 Del. C. § 1708. Storage of refuse and garbage in multi-family buildings; penalty.
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§ 1708. Storage of refuse and garbage in multi-family buildings; penalty. (a) Multi-family houses and apartment complexes shall provide adequate storage areas outside the principal structure of such multi-family houses and apartment complexes for the temporary storage of trash an…
16 Del. C. § 1709. Trash containers on highways; penalty.
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§ 1709. Trash containers on highways; penalty. (a) (1) A person, by agent or otherwise, may not cause a trash container having a capacity of 2 cubic yards or greater to be placed on a highway, unless the container has all of the following: a. A strip of red and white, high-intens…
16 Del. C. § 1801. Definitions.
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§ 1801. Definitions. As used in this chapter: (1) “Collection and disposal systems” mean systems for the storage, collection, transportation, transfer, processing, reclamation, reduction and disposal of solid wastes. (2) “Federal aid or grant” means any and all federal grants-in-…
16 Del. C. § 1802. Establishment of county plans.
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§ 1802. Establishment of county plans. Each of the 3 counties shall prepare and administer a comprehensive and detailed plan for a system for the collection, storage and disposal of all solid wastes which are produced or are disposed of within the boundaries of the respective cou…
16 Del. C. § 1803. Amount of aid; limitation.
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§ 1803. Amount of aid; limitation. A qualified agency proceeding with the planning of solid waste collection and disposal systems and applying for aid under this chapter shall receive state aid funds appropriated pursuant to the purposes and provisions of this chapter in an amoun…
16 Del. C. § 1804. Allocation of funds.
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§ 1804. Allocation of funds. The Division of Public Health of the Department of Health and Social Services is hereby empowered to administer this chapter and allocate and disburse funds to qualified agencies which make proper application for such funds. Application forms shall be…
16 Del. C. § 1901. Department of Natural Resources and Environmental Control — Supervision.
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§ 1901. Department of Natural Resources and Environmental Control — Supervision. The duties, powers and functions of the former Mosquito Control Commission of the State and the State Highway Department shall be under the supervision and control of the Department of Natural Resour…
16 Del. C. § 1902. Department of Natural Resources and Environmental Control — Powers and duties.
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§ 1902. Department of Natural Resources and Environmental Control — Powers and duties. (a) The Department of Natural Resources and Environmental Control, hereinafter referred to as the Department, may: (1) Take all necessary and proper steps and measures for the eradication of mo…
16 Del. C. § 1903. Declaration of nuisance.
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§ 1903. Declaration of nuisance. Any accumulation of water in which mosquitoes are breeding or are likely to breed is declared to be a nuisance.Code 1935, c. 182; 45 Del. Laws, c. 271, § 3; 46 Del. Laws, c. 309, § 2; 16 Del. C. 1953, § 1903;
16 Del. C. § 1904. Source reduction practices for mosquito control; notice of entry, claims, damages and payments.
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§ 1904. Source reduction practices for mosquito control; notice of entry, claims, damages and payments. (a) Source reduction practices for mosquito control involving physical, topographical, or hydrological alterations of wetlands or other aquatic habitats, such as but not limite…
16 Del. C. § 1905. Obstructions and interferences.
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§ 1905. Obstructions and interferences. Whoever obstructs or interferes with the entry of the Department or its employees upon land or who obstructs or interferes with, molests or damages any of the work performed by it is guilty of a misdemeanor.Code 1935, c. 182; 45 Del. Laws, …
16 Del. C. § 2001. Purpose.
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§ 2001. Purpose. It is the purpose of this chapter to establish a health information data base that will assist the health care system to advance the general well-being of the population by better directing and improving the availability of health-care services. It is the policy …
16 Del. C. § 2002. Definitions.
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§ 2002. Definitions. The following words, terms and phrases, when used in this chapter, shall have meaning ascribed to them in this section, except where the context indicates a different meaning: (1) “Delaware uniform claims and billing data set” means that data approved for use…
16 Del. C. § 2003. Duties and authority of state agency.
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§ 2003. Duties and authority of state agency. (a) The state agency shall compile, correlate, analyze and develop data which it collects pursuant to this chapter. The state agency shall prepare and distribute or make available reports to health-care purchasers, health-care insurer…
16 Del. C. § 2004. Reporting requirements.
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§ 2004. Reporting requirements. (a) The Delaware uniform claims and billing data set (UB-04 or successor form) shall be completed for all hospital inpatient discharges and emergency department visits. (b) All hospitals must submit data electronically to the state agency according…
16 Del. C. § 2005. Cancer incidence data.
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§ 2005. Cancer incidence data. (a) Notwithstanding any provisions in this title to the contrary, the agency shall make available as public records cancer incidence by census tract and by type of cancer. Such released data shall be assigned census tract geography from the most rec…
16 Del. C. § 2006. Confidentiality and access to data.
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§ 2006. Confidentiality and access to data. (a) The collection, compilation, data analysis and dissemination of reports and studies shall be done in a manner that protects the privacy of any individual about whom information is given. The state agency shall consider confidential …
16 Del. C. § 2007. Sanctions.
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§ 2007. Sanctions. (a) A hospital or nursing home which wilfully violates this chapter shall be reported to the Delaware Department of Health and Social Services which may take such action as deemed appropriate to enforce compliance. No action shall be taken by the Delaware Depar…
16 Del. C. § 2008. Immunity.
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§ 2008. Immunity. No person shall be subject to, and all persons shall be immune from, any claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendation made whil…
16 Del. C. § 2009. Data from other providers.
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§ 2009. Data from other providers. The Delaware Health Care Commission or its successor agency shall complete an analysis of the merits and feasibility of collecting data from providers other than hospitals and nursing homes. Other providers to be considered shall include physici…
16 Del. C. § 2101. Definitions.
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§ 2101. Definitions. As used in this chapter, unless the context requires a different meaning: (1) “Bedding” shall mean any mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bo…
16 Del. C. § 2102. Sterilization and disinfection of materials — Required.
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§ 2102. Sterilization and disinfection of materials — Required. No person shall employ or use in the making or renovating of any mattress, pillow, bolster, featherbed or comfortable: (1) Any material known as “shoddy” or any fabric or material from which shoddy is constructed; (2…