Title 16 — Health and Safety

§ 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 …

§ 6901. Selling or possessing fireworks; exceptions. (a) A person may not store, sell, offer or expose for sale, or have in possession with intent to sell or to use, discharge or cause to be discharged, ignited, fired, or otherwise set in action within this State, any fireworks, …

§ 6902. Discharging rifle or other explosives; exceptions. No person shall fire or discharge in or on or into any street, highway, alley or public place in the State any rifle, gun, pistol, revolver, cane, cannon or other appliance, whether projecting or exploding any bullet, car…

§ 6903. Permit for public display of fireworks; actions by injured persons. (a) Any association or company desiring to hold a public display of fireworks may apply to the Office of the State Fire Marshal for a permit to hold such display if application is made 30 days prior to th…

§ 6904. Confiscation of illegally stored fireworks or explosives. The State Fire Marshal shall confiscate all fireworks or explosives illegally stored within the State.42 Del. Laws, c. 180, § 4; 16 Del. C. 1953, § 6904; 58 Del. Laws, c. 227, § 4; 61 Del. Laws, c. 301, § 4;

§ 6905. Penalties; jurisdiction. (a) Whoever violates this chapter shall be fined not less than $25 nor more than $100. (b) Justices of the peace shall have jurisdiction of any violation of this chapter.42 Del. Laws, c. 180, § 5; 16 Del. C. 1953, § 6905;

§ 6906. Agricultural use. Nothing in this chapter shall prohibit the importation, sale, purchase or use of fireworks used or to be used solely and exclusively for the purpose of frightening birds from crops and such importation, sale, purchase or use shall be governed by rules an…

§ 7001. Signs on premises containing stored explosives. (a) Upon the premises on which explosives are stored there shall be posted signs with the words “EXPLOSIVES — KEEP OFF” legibly printed thereon in letters not less than 3 inches high. Signs shall be placed so that a bullet p…

§ 7002. Exceptions. This chapter shall not apply to regularly licensed commercial establishments handling the sales and distribution of firearms and ammunition.16 Del. C. 1953, § 7002; 52 Del. Laws, c. 334.;

§ 7003. Storage within residential district prohibited. It shall be unlawful for any person to store explosive materials within a residential district as zoned by the local zoning authority. “Explosive materials” shall have the same definition as set forth in Chapter 71 of this t…

§ 7004. Penalties. Whoever fails to comply with or violates any of the provisions of this chapter shall be fined not less than $25 nor more than $1,000 or imprisoned not more than 1 year, or both.16 Del. C. 1953, § 7003; 52 Del. Laws, c. 334; 64 Del. Laws, c. 118, § 2;

§ 7101. Scope. This chapter is intended to supplement the requirements of any federal laws and regulations promulgated by any federal department or agency. This chapter shall apply to the sale, purchase, possession, receipt, transportation and use of explosive materials as provid…

§ 7102. Definitions. As used in this chapter: (1) “Crime punishable by imprisonment for a term exceeding 1 year” shall not mean a. any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to t…

§ 7103. General provisions. (a) Loading explosive materials into railroad cars near passenger tracks; penalty. — (1) No person shall load explosive materials into cars on any railroad in this State within 100 yards of the bed of the regular track used in carrying passengers. (2) …

§ 7104. Purchase, receipt and possession. (a) License. — It shall be unlawful for any person to purchase, receive or possess explosive materials in the State without obtaining a license from the issuing authorities. (b) Federal license or permit. — Any person who possesses a lice…

§ 7105. Sale. No person shall sell or distribute explosive materials to any person without first obtaining a copy of the license which authorizes the distributee to purchase, receive or possess explosive materials as provided in this chapter; provided that such person shall not b…

§ 7106. Licensed blasters. (a) License. — It shall be unlawful for any person to use explosive materials unless such person, or if such person is a business entity, an employee of such person using such explosive materials, possesses a blaster’s license issued by the issuing auth…

§ 7107. Administration. (a) Application. — Applications for license hereunder shall be made to the issuing authorities having jurisdiction over the locality for which license is requested on forms and as prescribed in regulations issued by such authorities. (b) License fees. — Li…

§ 7108. Authority to purchase in contiguous states. Any person who is a resident of the State and who uses explosive materials in the conduct of business or occupation may lawfully purchase explosive materials from a seller located or residing in a state contiguous to the State, …

§ 7109. Records. (a) Records required. — It shall be unlawful for any person wilfully to purchase, possess, receive, sell or distribute explosive materials in the State without keeping records as specified in this section. (b) Contents of records. — Records of purchases, possessi…

§ 7110. Safety. The issuing authorities are authorized to issue such safety regulations as are deemed by the issuing authorities to be necessary in their respective jurisdictions.16 Del. C. 1953, § 7110; 58 Del. Laws, c. 498, § 1;

§ 7111. Notice to affected persons. Any person engaged in blasting shall make reasonable efforts to notify persons residing in areas that may be affected by blasting, and businesses, schools, churches and other public and private enterprises located in areas that may be affected …

§ 7112. Transportation. It shall be unlawful for any person to transport explosive materials in violation of the regulations relating to the transportation of explosive materials. Issuing authorities are authorized to issue regulations covering the transportation of explosive mat…

§ 7113. Penalties. Any person violating this chapter, other than § 7103 of this title, or any rules or regulations made thereunder: (1) Shall for each offense be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year, or by both such fine and impri…

§ 7114. Limitation on legislation. This chapter is intended to and shall preempt and supersede all existing and future county, town, city or municipal ordinances or regulations respecting the subjects covered by this chapter.16 Del. C. 1953, § 7113; 58 Del. Laws, c. 498, § 1; 75 …

§ 7116. Definitions. As used in this chapter: (1) “Agent” shall mean any person authorized by the State to purchase and affix tax stamps on packages of cigarettes. (2) “Cigarette” means: a. Any roll for smoking whether made wholly or in part of tobacco or any other substance, irr…

§ 7117. Test method and performance standard. (a) Except as provided in subsection (g) of this section, no cigarettes may be sold or offered for sale in this State or offered for sale or sold to persons located in this State unless such cigarettes have been tested in accordance w…

§ 7118. Certification of compliance by manufacturers. (a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting that: (1) Each cigarette listed in the certification has been tested in accordance with § 7117 of this title; (2) Each cigarette li…

§ 7119. Package markings. (a) Cigarettes that are certified by a manufacturer in accordance with § 7118 of this title shall be marked to indicate compliance with the requirements of § 7117 of this title. Such marking shall be in 8-point font type or larger and consist of: (1) Mod…

§ 7120. Enforcement and penalties. (a) A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of § 7117 of this title shall be subject to a civil penalty not to exceed $1…

§ 7121. Fire Prevention and Public Safety Fund. (a) The State Fire Marshal shall assess all civil penalties as outlined in this chapter. (b) All civil penalties will be paid within 30 days of assessment. (c) The moneys derived from the civil penalties will be split equally betwee…

§ 7122. Exemptions. This chapter shall not be construed to affect the making or manufacturing of cigarillos. A cigarillo shall mean a small cigar or cigarette wrapped in tobacco instead of paper.76 Del. Laws, c. 100, § 1;

§ 7123. Sale outside of Delaware. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of § 7117 of this title if the cigarettes are or will be stamped for sale in another state or a…

§ 7124. Effective date. This chapter shall take effect on January 1, 2009, and the requirement that only cigarettes certified as compliant with the performance standard herein may be sold shall not prohibit wholesale dealers or retail dealers from selling their existing inventory…

§ 7125. Effect of federal regulation. (a) This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective. (b) Notwithstanding any other provision of law, the local government units of this Sta…

§ 7201. Definitions. (a) The term “liquefied petroleum gas” as used in this chapter means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane and isobutane) and butylenes. (b) The te…

§ 7202. Unlawful use, filling or refilling of containers. (a) No person except the owner thereof or person authorized in writing by the owner shall fill or refill with liquefied petroleum gas, or any other gas or compound, a liquefied petroleum gas container, or buy, sell, offer …

§ 7203. Presumptive evidence of unlawful use. The use of a liquefied petroleum gas container or containers by any person other than the person whose name, mark, initial or device is on the liquefied petroleum gas container or containers without written consent, or purchase of the…

§ 7204. Arrest for violation [Repealed].16 Del. C. 1953, § 7204; 58 Del. Laws, c. 95; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 202, § 1, effective Sept. 17, 2021.;

§ 7205. Penalty and jurisdiction. (a) Any person who violates § 7202 of this chapter shall be imprisoned not more than 90 days or fined not more than $300, or both, for each separate offense. (b) Justices of the peace shall have original jurisdiction over this offense.16 Del. C. …