Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 6401. Short title.
0.1K chars
§ 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.
0.9K chars
§ 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.
0.5K chars
§ 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.
1.2K chars
§ 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.
0.8K chars
§ 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.
0.4K chars
§ 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.
0.5K chars
§ 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.
0.3K chars
§ 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.
0.6K chars
§ 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.
0.6K chars
§ 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.
1.0K chars
§ 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.
0.7K chars
§ 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.
0.9K chars
§ 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. § 6601B , 6602B. Burn injuries and wounds to be reported; responsibility of State Fire Marshal [Repealed].
0.2K chars
§§ 6601B, 6602B. Burn injuries and wounds to be reported; responsibility of State Fire Marshal [Repealed]. Repealed by 77 Del. Laws, c. 444, § 14, effective July 27, 2010.
16 Del. C. § 6601C. Definitions.
2.8K chars
§ 6601C. Definitions. For purposes of this chapter: (1) “Carbon monoxide detection devices” means a battery-operated or AC-powered device that detects the presence of the carbon monoxide gas in order to prevent carbon monoxide poisoning. “Carbon monoxide detection devices” includ…
16 Del. C. § 6601D. Definitions.
2.0K chars
§ 6601D. Definitions. For purposes of this chapter: (1) “Buildings” means a building equipped with heating, ventilating, and air conditioning (HVAC) fire dampers, smoke dampers and/or smoke control system. As used in this chapter, “buildings” does not include residential building…
16 Del. C. § 6602C. Carbon monoxide detection devices required.
1.4K chars
§ 6602C. Carbon monoxide detection devices required. (a) Each owner of a lodging establishment shall install carbon monoxide detection devices in accordance with the installation requirements in § 6603C of this title if a dwelling unit or sleeping unit has either of the following…
16 Del. C. § 6602D. Buildings subject to testing.
0.9K chars
§ 6602D. Buildings subject to testing. All buildings shall establish a heating, ventilating, and air conditioning (HVAC) fire life safety damper, and smoke control system inspection verification program for the purpose of ensuring that fire life safety dampers and smoke control s…
16 Del. C. § 6603C. Carbon monoxide detection device installation.
1.4K chars
§ 6603C. Carbon monoxide detection device installation. (a) Carbon monoxide detection devices required under § 6602C(a) of this title must be installed in accordance with the rules and regulations promulgated by the State Fire Marshal’s Office that must include all of the followi…
16 Del. C. § 6603D. Required testing of fire life safety dampers.
3.0K chars
§ 6603D. Required testing of fire life safety dampers. (a) All owners of buildings shall be responsible for ensuring that newly-installed fire life safety dampers shall be subject to fire life safety damper testing required to be installed in buildings pursuant to the Delaware Bu…
16 Del. C. § 6604C. Compliance dates.
0.8K chars
§ 6604C. Compliance dates. (a) For each lodging establishment, newly erected, built, or constructed after January 1, 2019, the carbon monoxide detection devices required under § 6602C of this title must be installed at the time of construction. (b) For each lodging establishment,…
16 Del. C. § 6604D. Required qualifications of individual testers of fire/smoke dampers.
0.9K chars
§ 6604D. Required qualifications of individual testers of fire/smoke dampers. (a) The Delaware State Fire Prevention Commission shall establish and administer a program to review and approve third-party inspection training and certification programs to ensure conformance to the m…
16 Del. C. § 6605C. Penalties for noncompliance; enforcement.
2.8K chars
§ 6605C. Penalties for noncompliance; enforcement. (a) The Justice of the Peace Court has jurisdiction over violations of this section. (b) It is unlawful for an owner or tenant of a lodging establishment required to have carbon monoxide detection devices under this chapter to fa…
16 Del. C. § 6605D. Certificate of operation.
0.8K chars
§ 6605D. Certificate of operation. If the fire life safety dampers and smoke control systems pass the applicable inspections and tests, the person performing the inspection or test shall execute a certificate of operation which shall verify such compliance, and provide the name a…
16 Del. C. § 6606D. Testing failures.
1.5K chars
§ 6606D. Testing failures. (a) In the event an inspection or test reveals deficiencies in fire life safety dampers, or smoke control systems, the person(s) who conducted the inspection or test shall prepare a deficiency report for the building owner identifying the nature of the …
16 Del. C. § 6607D. Submissions and inspections.
0.7K chars
§ 6607D. Submissions and inspections. (a) Building owners shall submit copies of operation certificates to the municipal or State Fire Marshal showing they are in compliance with the testing requirements of this section within 30 days of obtaining operation certificates. The muni…
16 Del. C. § 6608D. Enforcement and penalties.
0.2K chars
§ 6608D. Enforcement and penalties. Any person who violates this chapter shall be assessed a civil penalty of $100 for each day of noncompliance payable to the Office of State Fire Marshal.83 Del. Laws, c. 479, §§ 1, 2;
16 Del. C. § 6651. Definitions.
1.0K chars
§ 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 …
16 Del. C. § 6652. Volunteer Firemen’s Pension Committee.
0.5K chars
§ 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…
16 Del. C. § 6653. Attachment and assignment of benefits.
0.4K chars
§ 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…
16 Del. C. § 6654. Waiver of benefits.
0.4K chars
§ 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…
16 Del. C. § 6655. Eligibility for pension.
0.7K chars
§ 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…
16 Del. C. § 6656. Vested right to pension.
0.4K chars
§ 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…
16 Del. C. § 6657. Payment of pension.
0.3K chars
§ 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…
16 Del. C. § 6658. Amount of pension.
0.2K chars
§ 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);
16 Del. C. § 6659. Death benefit.
0.4K chars
§ 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…
16 Del. C. § 6660. Withdrawal benefit.
0.9K chars
§ 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. …
16 Del. C. § 6661. Volunteer Firemen’s Pension Fund established.
0.9K chars
§ 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…
16 Del. C. § 6662. Member contributions.
0.1K chars
§ 6662. Member contributions. Member contributions to the Fund shall be $60 per annum.65 Del. Laws, c. 269, § 1;
16 Del. C. § 6663. Employer contributions.
0.8K chars
§ 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…
16 Del. C. § 6664. Payment of benefits.
0.3K chars
§ 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;
16 Del. C. § 6665. Withdrawal of an employer.
1.9K chars
§ 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 …
16 Del. C. § 6701. Appointment of fire police; oath of office.
1.2K chars
§ 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…
16 Del. C. § 6701A. Authority of fire officers-in-charge.
3.1K chars
§ 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…
16 Del. C. § 6702. Territorial jurisdiction of fire police.
1.2K chars
§ 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…
16 Del. C. § 6703. Supervision by fire officer.
0.5K chars
§ 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…
16 Del. C. § 6704. Duties.
0.6K chars
§ 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 …
16 Del. C. § 6705. Powers as superseding authorized police officers.
0.3K chars
§ 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;
16 Del. C. § 6706. Arresting power.
0.6K chars
§ 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…
16 Del. C. § 6707. Penalty for refusal to obey orders of fire police officer.
0.4K chars
§ 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…