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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

1,804 sections·Filtered byTitle 16✕

16 Del. C. § 5712. Hearing on petition for involuntary sterilization [Repealed].
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§ 5712. Hearing on petition for involuntary sterilization [Repealed].65 Del. Laws, c. 148, § 1; 75 Del. Laws, c. 285, § 12; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5713. Physician’s certification [Repealed].
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§ 5713. Physician’s certification [Repealed].65 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5714. Records [Repealed].
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§ 5714. Records [Repealed].33 Del. Laws, c. 62, § 3; Code 1935, § 3098; 16 Del. C. 1953, § 5705; 65 Del. Laws, c. 148, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5715. Limitation of liability [Repealed].
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§ 5715. Limitation of liability [Repealed].65 Del. Laws, c. 148, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;

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16 Del. C. § 5716. Costs [Repealed].

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§ 5716. Costs [Repealed].33 Del. Laws, c. 62, § 2; Code 1935, § 3098; 16 Del. C. 1953, § 5704; 65 Del. Laws, c. 148, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;

16 Del. C. § 5901. Coordination of training and research activities and facilities with those of other states [Repealed].

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§ 5901. Coordination of training and research activities and facilities with those of other states [Repealed].16 Del. C. 1953, § 5901; 50 Del. Laws, c. 464, § 2; repealed by 84 Del. Laws, c. 201, § 8, effective Sept. 11, 2023.;

16 Del. C. § 5902 , 5903. Board on Mental Health Training and Research; grants for research and training [Repealed].

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§§ 5902, 5903. Board on Mental Health Training and Research; grants for research and training [Repealed]. Repealed by 67 Del. Laws, c. 35, § 1, effective June 21, 1989.

16 Del. C. § 6001. Definitions.

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§ 6001. Definitions. As used in this chapter: (1) “Institution” means any institution operated, maintained or under the supervision of the Department of Health and Social Services. (2) “Patient” means any person admitted, committed to or placed in any such institution for the pur…

16 Del. C. § 6002. Commingling of funds.

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§ 6002. Commingling of funds. Any institution which has funds belonging to any patient of the institution, or deposited for the benefit of any patient, may commingle the funds by depositing them with the State Treasurer in an interest bearing account to be invested relatively fre…

16 Del. C. § 6003. Records of owners.

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§ 6003. Records of owners. The ownership of the principal amount of the funds shall be continued in the respective patients and be accounted for on appropriate records of the institution.16 Del. C. 1953, § 6003; 57 Del. Laws, c. 37.;

16 Del. C. § 6004. Use of interest.

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§ 6004. Use of interest. The interest or other income from the deposits earned shall be credited to the appropriate institution for distribution to individual patient accounts on a monthly basis. The interest or other income that results from an investment is the property of the …

16 Del. C. § 6005. Audit of funds.

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§ 6005. Audit of funds. The funds received or retained pursuant to this chapter shall be audited from time to time by the Auditor of Accounts.16 Del. C. 1953, § 6005; 57 Del. Laws, c. 37.;

16 Del. C. § 6101. Interstate Compact on Mental Health.

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§ 6101. Interstate Compact on Mental Health. The Interstate Compact on Mental Health is enacted into law and entered into by this State with all other states legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The contracting states s…

16 Del. C. § 6102. Compact administrator.

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§ 6102. Compact administrator. The Secretary of the Department of Health and Social Services shall be the compact administrator and, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the ter…

16 Del. C. § 6103. Supplementary agreements.

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§ 6103. Supplementary agreements. The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of a…

16 Del. C. § 6104. Financial arrangements.

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§ 6104. Financial arrangements. The compact administrator, subject to the approval of the Budget Commission, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into…

16 Del. C. § 6105. Authenticated copies of chapter sent to the state and federal officials.

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§ 6105. Authenticated copies of chapter sent to the state and federal officials. Duly authenticated copies of this chapter shall, upon its approval, be transmitted by the Secretary of State to the governor of each state, the Attorney General and the Secretary of State of the Unit…

16 Del. C. § 6201. The Delaware Suicide Prevention Coalition; mission, composition, organization, and reporting.

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§ 6201. The Delaware Suicide Prevention Coalition; mission, composition, organization, and reporting. (a) There is hereby established the Delaware Suicide Prevention Coalition, hereinafter in this chapter referred to as “the Coalition.” (b) The Coalition shall do all of the follo…

16 Del. C. § 6202. The Delaware Gun Shop Project.

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§ 6202. The Delaware Gun Shop Project. (a) The Delaware Gun Shop Project is established, and referred to throughout this chapter as “the Gun Shop Project”. (b) Definitions. As used in this chapter: (1) “Deadly weapon” means as defined under § 222 of Title 11. (2) “Firearm” means …

16 Del. C. § 6203. Office of Suicide Prevention.

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§ 6203. Office of Suicide Prevention. (a) The Office of Suicide Prevention is established under the Division of Substance Abuse and Mental Health. (b) For purposes of this section: (1) “Division” means “Division of Substance Abuse and Mental Health.” (2) “Office” means “Office of…

16 Del. C. § 6301. Establishment of State Emergency Response Commission.

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§ 6301. Establishment of State Emergency Response Commission. All references to “State Emergency Response Commission” or “Commission” within this chapter shall refer to the State Emergency Response Commission established under Chapter 82 of Title 29 in compliance with Title III o…

16 Del. C. § 6302. Definitions.

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§ 6302. Definitions. For the purposes of this chapter, definitions for the following terms and phrases shall be as follows: (1) Administrator. — The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (2) Department. — The term “Depa…

16 Del. C. § 6303. Emergency planning notifications.

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§ 6303. Emergency planning notifications. (a) A list of extremely hazardous substances shall be established by the Secretary for the purposes of this chapter. In establishing this list, the Secretary shall take into account the toxicity, reactivity, volatility, dispersability, co…

16 Del. C. § 6304. Emergency release notifications.

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§ 6304. Emergency release notifications. (a) Emergency release notification requirements are established under §§ 6014, 6028, and 7712 of Title 7. (b) [Repealed.] (c) Concerning the requirements for immediate notice to the State Emergency Response Commission as established under …

16 Del. C. § 6305. Material safety data sheets; safety data sheets.

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§ 6305. Material safety data sheets; safety data sheets. (a) The owner or operator of any facility which is required to prepare or have available a material safety data sheet or safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and re…

16 Del. C. § 6306. Emergency and hazardous chemical inventory reporting.

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§ 6306. Emergency and hazardous chemical inventory reporting. (a) The owner or operator of any facility which is required to prepare or have available a material safety data sheet or safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 (…

16 Del. C. § 6307. Toxic chemical release reporting.

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§ 6307. Toxic chemical release reporting. (a) The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under subsection (k) of this section for each toxic chemical listed under subsection (e) of this…

16 Del. C. § 6308. Data collection and management.

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§ 6308. Data collection and management. (a) The Department is hereby designated as the state agency responsible for the collection and management of all information reported under the requirements established within this chapter. (b) The Department is hereby authorized to assess …

16 Del. C. § 6309. Establishment of authority to collect fees.

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§ 6309. Establishment of authority to collect fees. The Department, with advice and consent of the State Emergency Response Commission, is hereby authorized to impose on and collect fees from facilities reporting under § 6306 of this title.68 Del. Laws, c. 184, § 1; 71 Del. Laws,…

16 Del. C. § 6310. Reporting fees.

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§ 6310. Reporting fees. (a) Excluding reports on mixtures, the reporting fees shall be assessed as follows: A filing fee not to exceed $40 shall be assessed for each hazardous chemical reported on an inventory form under § 6306 of this title. A filing fee not to exceed $80 shall …

16 Del. C. § 6311. Fee collection and management.

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§ 6311. Fee collection and management. (a) The fees herein authorized shall be assessed and collected annually based on information required to be submitted under § 6306 of this title covering the previous calendar year. (b) The fees herein authorized shall be appropriated to the…

16 Del. C. § 6312. Exemptions from reporting fee requirements.

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§ 6312. Exemptions from reporting fee requirements. (a) Federal, state, county and local government facilities and nonprofit organizations are exempt from the reporting fees under this chapter. (b) Motor vehicle fuels at facilities which offer such fuels for retail sale shall als…

16 Del. C. § 6313. Regulations.

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§ 6313. Regulations. (a) The Secretary may prescribe such regulations as may be necessary to carry out this chapter. (b) Regulations prepared by the Secretary under this chapter shall be subject to review and approval by the State Emergency Response Commission prior to promulgati…

16 Del. C. § 6314. Enforcement; penalties.

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§ 6314. Enforcement; penalties. (a) Any duly authorized designee of the State Emergency Response Commission or any duly authorized designee of the Secretary of the Department of Natural Resources and Environmental Control may, upon presentation of appropriate credentials at any r…

16 Del. C. § 6315. Implementation and reevaluation of reporting fees.

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§ 6315. Implementation and reevaluation of reporting fees. (a) Effective July 1, 1991, the fees herein established shall be assessed at a rate of 66 percent on reports submitted and/or required to have been submitted in 1991 covering the 1990 calendar year. (b) For the following …

16 Del. C. § 6401. Short title.

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§ 6401. Short title. This chapter may be cited as the “Amusement Ride Safety Inspection and Insurance Act.”64 Del. Laws, c. 409, § 1;

16 Del. C. § 6402. Definitions.

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§ 6402. Definitions. As used in this chapter: (1) “Amusement ride” means any mechanical device or devices that carry or convey passengers along, around or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleas…

16 Del. C. § 6403. Administration; enforcement.

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§ 6403. Administration; enforcement. The Fire Marshal shall administer and enforce this chapter. The Fire Marshal shall establish reasonable and necessary fees in an amount not to exceed $20 per year for each amusement ride covered by this chapter; provided, however, no owner sha…

16 Del. C. § 6404. Amusement ride operation requirements.

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§ 6404. Amusement ride operation requirements. A person may not operate an amusement ride unless the person: (1) Has the amusement ride inspected at least once annually for safety by an insurer or a person with whom the insurer has contracted and obtains from that insurer or pers…

16 Del. C. § 6404A. Requirements for commercial bungee jumping operations.

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§ 6404A. Requirements for commercial bungee jumping operations. (a) A person operating a bungee jump for use by paying customers shall file with the office of the State Fire Marshal, in the manner required by this chapter, the inspection certificate and insurance policy required …

16 Del. C. § 6405. Insurance filing requirements.

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§ 6405. Insurance filing requirements. The documents required by § 6404(3) of this title must be filed with the Fire Marshal before June of each year, but if the amusement ride is inspected under § 6404(1) of this title more than once a year, the inspection certificate must be fi…

16 Del. C. § 6406. Insurance information request.

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§ 6406. Insurance information request. The Fire Marshal may request from the sponsor, lessor, landowner or other person responsible for an amusement ride being offered for use by the public, information concerning whether or not insurance in the amount required by this chapter is…

16 Del. C. § 6407. Denial of entry to amusement rides.

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§ 6407. Denial of entry to amusement rides. The owner or operator of an amusement ride may deny entry to the ride to any person if in the owner’s or operator’s opinion the entry may jeopardize the safety of the person who desires to enter or the safety of other patrons of the amu…

16 Del. C. § 6408. Injunctions.

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§ 6408. Injunctions. The Attorney General, on request of the Fire Marshal or 1 of the Fire Marshal’s deputies, may seek an injunction against any person operating an amusement ride, including bungee jumps, in violation of this chapter, the State Fire Prevention Commission’s regul…

16 Del. C. § 6409. Penalties.

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§ 6409. Penalties. (a) A person commits an offense if the person fails to comply with any requirement under § 6404 or § 6405 of this title. (b) A sponsor, lessor, landowner or other person responsible for an amusement ride being offered for use by the public commits an offense if…

16 Del. C. § 6501. Liability for negligent burning.

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§ 6501. Liability for negligent burning. If any owner, tenant or occupier of land within the State sets fire to any brush or other combustible matter on such land for any purpose whatsoever, and in setting fire to such brush or other combustible matter omits to observe reasonable…

16 Del. C. § 6502. Liability of railroads for burning.

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§ 6502. Liability of railroads for burning. If any railroad company owning or operating any railroad within this State suffers to remain on any part of the land owned or controlled by it for railroad purposes within this State any brush or other combustible matter, and if such br…

16 Del. C. § 6503. Spark arrester for traction engines; penalty.

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§ 6503. Spark arrester for traction engines; penalty. (a) No owner of a traction engine shall use or operate such engine or suffer or permit the same to be used or operated unless there has been securely attached to the smokestack thereof a suitable and sufficient spark catcher o…

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…