Title 16, Health and Safety

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

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 Definitions [Repealed effective Mar. 2, 2027].76 Del.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 Laws, c. 444, § 3; repealed by 85 Del.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

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 6651. Definitions. (a) “Board” shall mean the Board of Pension Trustees established by § 8308 of Title 29. (b) “Credited service” shall mean, for any member: (1) Service as a volunteer after June 30, 1986, that has been certified by the employer; and (2) Service as a volunteer …

§ 6652. Volunteer Firemen’s Pension Committee. The Delaware Volunteer Firefighter’s Association shall appoint, from its membership, a 9-person advisory committee. Three members shall come from New Castle County, 3 members from Kent County and 3 members from Sussex County. The adv…

§ 6653. Attachment and assignment of benefits. Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designat…

§ 6654. Waiver of benefits. Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shal…

§ 6655. Eligibility for pension. (a) A member shall become eligible to receive a pension beginning with the first month after attainment of age 60 if the member has 10 years of credited service. (b) For purposes of this section, credited service shall include any period during wh…

§ 6656. Vested right to pension. (a) A member who has 10 years of credited service shall have a vested right to a pension. (b) A member’s vested right shall be forfeited upon the member’s application for a refund of the member’s accumulated contributions, and the member’s members…

§ 6657. Payment of pension. No pension payment shall be made under this chapter prior to July 1, 1988, thereafter pension payments shall be made beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member die…

§ 6658. Amount of pension. The amount of the monthly pension payable to an eligible member shall be $10 multiplied by years of credited service up to a maximum of 25 years.65 Del. Laws, c. 269, § 1; 83 Del. Laws, c. 326, § 6(b);

§ 6659. Death benefit. Upon the death of a member, inactive member or retired member, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, a lump sum equal to the excess, if any, of the acc…

§ 6660. Withdrawal benefit. (a) Upon the withdrawal from service of a member who is not eligible to receive a pension and does not have a vested right to a pension, the member’s accumulated contributions with interest shall be paid to the member’s employer for final disposition. …

§ 6661. Volunteer Firemen’s Pension Fund established. There shall be established a Volunteer Firemen’s Pension Fund, hereinafter referred to as “Fund,” to which the employer and member contributions shall be deposited annually and to which earnings on investments, any other contr…

§ 6662. Member contributions. Member contributions to the Fund shall be $60 per annum.65 Del. Laws, c. 269, § 1;

§ 6663. Employer contributions. (a) The employer’s contribution to the Fund for the fiscal year 1986-1987 shall be $250,000. (b) The employer’s contribution to the Fund for the fiscal year 1987-1988 shall be $250,000. (c) The employer’s contribution to the Fund for the fiscal yea…

§ 6664. Payment of benefits. Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the Volunteer Firemen’s Pension Fund shall be liable for any amount in excess of such sums.71 Del. Laws, c. 132, § 90;

§ 6665. Withdrawal of an employer. (a) A participating employer may withdraw from the Fund by providing a resolution from its governing body to the Board. The withdrawing employer shall be ineligible to rejoin the Fund at a future date. The withdrawing employer shall be required …

§ 6701. Appointment of fire police; oath of office. (a) Any duly organized fire company or substation (outside the City of Wilmington) may provide for the appointment of not more than 6 of its members to perform police duties at fires, fire drills and any emergencies or functions…

§ 6701A. Authority of fire officers-in-charge. While any duly constituted fire department recognized by the Delaware State Fire Prevention Commission is responding to, operating at or returning from a fire, service call or other emergency, the fire chief, any other elected or app…

§ 6702. Territorial jurisdiction of fire police. (a) A member of a fire company who has been appointed and qualified as a fire police officer may thereafter, for the term of the member’s appointment, act as such anywhere in the county in which the fire company making the appointm…

§ 6703. Supervision by fire officer. A fire police officer, subject to § 6702(b) of this title, shall perform the fire police officer’s duties under the supervision of the fire officer-in-charge of the scene of a fire, fire drill or other emergency, or in the absence of a fire of…

§ 6704. Duties. The duties of a fire police officer, subject to the supervision of the fire officer in charge, are to: (1) Protect the contents of buildings and all other property affected by any fire or fire drill; (2) Establish and maintain fire lines; (3) Perform such traffic …

§ 6705. Powers as superseding authorized police officers. Nothing contained in this chapter shall be construed to allow or permit the fire police, or any of them, to supersede the authority of a duly authorized police officer.47 Del. Laws, c. 82, § 4; 16 Del. C. 1953, § 6705;

§ 6706. Arresting power. If any person unreasonably refuses to obey the orders of a fire police officer in the exercise of the fire police officer’s duties, such person may be held under arrest by the fire police officer until the fire at which the fire police officer is called u…

§ 6707. Penalty for refusal to obey orders of fire police officer. Whoever refuses to obey the orders of a fire police officer in the exercise of the fire police officer’s duties shall be fined no less than $25 and no more than $50. Prosecutions for violations of this section sha…

§ 6708. Definitions. For the purposes of this chapter: (1) “Advisory committee” means the advisory committee on ambulance service. (2) “Ambulance” includes any privately or publicly owned vehicle that is specially designed, constructed or modified and equipped and is intended to …

§ 6709. Permit required to operate ambulances. (a) No person, firm, corporation or association either as owner, agent or otherwise shall hereafter furnish, operate, conduct, maintain, advertise or otherwise engage in or profess to be engaged in the business or service of transpor…

§ 6710. Advisory committee on ambulance service. (a) For the purpose of assisting the Commission in developing standards for use in the administration of this chapter, there is hereby created the advisory committee on ambulance service. The advisory committee shall be composed of…

§ 6711. Establishment of operational standards. (a) Powers of the Commission. — (1) The Commission shall inspect equipment and supplies required of ambulances when it deems such inspection is necessary and shall maintain a record thereof. Upon determination, based upon an inspect…

§ 6712. Certification of ambulance attendants and emergency medical technicians; criminal background checks. (a) A person seeking certification as an ambulance attendant or as an emergency medical technician (EMT) shall apply to the Commission using forms prescribed by the Commis…

§ 6712A. Suspension of certificate by Commission pending hearing. (a) Upon the receipt by the Commission of a court document charging an ambulance attendant or EMT licensed by the Commission with a felony, the Commission shall issue an order temporarily suspending the certificate…

§ 6713. Exemptions. The following are exempted from the operation of this chapter: (1) Privately owned vehicles not ordinarily used in the business of transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless; (2) A vehicle rendering service as an…

§ 6714. Penalties. The registered owner of every vehicle subject to this chapter shall comply with this chapter and all regulations adopted hereunder. For a violation of any regulation adopted under the authority of this chapter, the Commission may revoke or suspend the permit fo…

§ 6715. Firemen, policemen or volunteer ambulance or rescue squad members rendering emergency care [Transferred]. Transferred.

§ 6716. Penalty for disobeying fire officer-in-charge. Any owner or occupant of any building or premises or any other person who refuses to obey the orders of a fire officer-in-charge in the exercise of the officer’s duties shall be fined not more than $300 or imprisoned not more…

§ 6717. Establishment of State Fire Prevention Commission ambulance service responsibility and authority; ambulance service districts; operational and administrative requirements; ambulance service permits; penalties. (a) As the responsible agency for the regulation of ambulance …

§ 6801. Persons rendering emergency care exempt from liability. (a) Any lay individual who in good faith, without the expectation of monetary or other compensation from the individual aided or treated, renders emergency care or rescue assistance at the scene of any emergency or w…