reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 60. Patients’ Trust Fund › § 6002. Commingling of funds.

§ 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 free of risk on behalf of the beneficiaries according to the State's Cash Management Policy. For the purpose of account reporting, an institution shall maintain supporting records that show the share each patient has in the account.
16 Del. C. 1953, §  6002;  57 Del. Laws, c. 37;  75 Del. Laws, c. 270, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 60. Patients’ Trust Fund › § 6003. Records of owners.

§ 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.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 60. Patients’ Trust Fund › § 6004. Use of interest.

§ 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 beneficiary and may not be considered to be the property of the institution.
16 Del. C. 1953, §  6004;  57 Del. Laws, c. 37;  75 Del. Laws, c. 270, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 60. Patients’ Trust Fund › § 6005. Audit of funds.

§ 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.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 61. INTERSTATE COMPACT ON MENTAL HEALTH › Subchapter II. Implementation › § 6102. Compact administrator.

§ 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 terms of the compact. Said compact administrator shall serve subject to the pleasure of the Governor. The compact administrator shall cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this State thereunder.
16 Del. C. 1953, §  6102;  53 Del. Laws, c. 392;  54 Del. Laws, c. 185;  57 Del. Laws, c. 591, §  29;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 61. INTERSTATE COMPACT ON MENTAL HEALTH › Subchapter II. Implementation › § 6103. Supplementary agreements.

§ 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 any institution or facility of this State or require or contemplate the provision of any service by this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
16 Del. C. 1953, §  6103;  53 Del. Laws, c. 392.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 61. INTERSTATE COMPACT ON MENTAL HEALTH › Subchapter II. Implementation › § 6104. Financial arrangements.

§ 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 thereunder.
16 Del. C. 1953, §  6104;  53 Del. Laws, c. 392.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 61. INTERSTATE COMPACT ON MENTAL HEALTH › Subchapter II. Implementation › § 6105. Authenticated copies of chapter sent to the state and federal officials.

§ 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 United States, and the Council of State Governments.
16 Del. C. 1953, §  6105;  53 Del. Laws, c. 392.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 62. THE DELAWARE SUICIDE PREVENTION COALITION › § 6201. The Delaware Suicide Prevention Coalition; mission, composition, organization, and reporting.

§ 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 following:
(1) Review and analyze statistics and patterns related to suicide and suicide attempts.
(2) Consult with the Division of Public Health to determine the prevalence of suicide.
(3) Implement methods to reduce suicide and attempts.
(4) Operate in accordance with the State of Delaware Suicide Prevention Plan.
(5) Manage the Gun Shop Project and comply with § 6202 of this title.
(c) The Coalition shall consist of the following members:
(1) One representative of the Division of Substance Abuse and Mental Health, to be appointed by the Secretary of the Department of Health and Social Services;
(2) One representative of the Division of Prevention and Behavioral Health Services, to be appointed by the Secretary of the Department of Services for Children, Youth and their Families;
(3) One representative of the Division of Public Health, to be appointed by the Secretary of the Department of Health and Social Services;
(4) One representative of the Department of Correction, to be appointed by the Commissioner of the department;
(5) One representative of the Department of Education, to be appointed by the Secretary of the department;
(6) One representative of the Delaware Commission of Veterans Affairs, to be appointed by the Chairman of the Commission;
(7) One representative of the Delaware National Guard, to be appointed by the Adjutant General;
(8) One representative of the Mental Health Association of Delaware, to be appointed by the Executive Director;
(9) One representative of a private psychiatric facility, appointed by the Governor;
(10) One representative to be appointed by the Governor.
(d) The Coalition shall elect a Chairperson from its members.
(e) The Coalition shall meet quarterly, and shall hold additional meetings as deemed necessary by the Chairperson.
(f) The Coalition shall report to the General Assembly and the Governor annually with findings and any pertinent recommendations, including the information required under § 6202(e) of this title.
(g) The Coalition shall be staffed by the Division of Substance Abuse and Mental Health.
80 Del. Laws, c. 410, §  1;  83 Del. Laws, c. 28, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6301. Establishment of State Emergency Response Commission.

§ 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 of the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Chapter 116, Emergency Planning and Community Right-to-Know) [42 U.S.C. § 11001 et seq.].
68 Del. Laws, c. 184, §  1;  71 Del. Laws, c. 208, §  6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6304. Emergency release notifications.

§ 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 42 U.S.C. § 11004(b) and regulations established under that act, notification to the Department shall serve as notification to the State Emergency Response Commission.
(d) Concerning the requirements for submission of written followup reports to the State Emergency Response Commission as established under 42 U.S.C. § 11004(c) and regulations established under that act, submissions to the Department shall serve as submission to the State Emergency Response Commission.
71 Del. Laws, c. 59, §  1;  74 Del. Laws, c. 33, §§  1, 2;  83 Del. Laws, c. 315, § 4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6309. Establishment of authority to collect fees.

§ 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, c. 59, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6310. Reporting fees.

§ 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 be assessed for each extremely hazardous substance reported on an inventory form under § 6306 of this title. Effective with inventory forms due on or before March 1, 2018, covering calendar year 2017, and for subsequent reporting years, an increased fee of $60 shall be assessed for each hazardous chemical, and an increased fee of $100 shall be assessed for each extremely hazardous substance, in lieu of the prior fee amounts.
(b) For reports on mixtures, the reporting fees shall be assessed as follows:
A filing fee not to exceed $40 shall be assessed for each mixture reported on an inventory form under § 6306 of this title containing extremely hazardous substances in a concentration of less than 10% by weight. A filing fee not to exceed $80 shall be assessed for each mixture reported on an inventory form under § 6306 of this title containing extremely hazardous substances in a concentration of 10% or more by weight. Effective with inventory forms due on or before March 1, 2018, covering calendar year 2017, and for subsequent reporting years, an increased fee of $60 shall be assessed for each mixture containing extremely hazardous substances in a concentration of less than 10% by weight, and an increased fee of $100 shall be assessed for each mixture containing extremely hazardous substances in a concentration of 10% or more by weight, in lieu of the prior fee amounts.
(c) The maximum fee collected under this section shall not exceed $5,000 per year per facility.
(d) Using procedures established by the Department, the owner and/or operator of each facility, subject to the fee provisions of this section, must calculate the facility reporting fee and submit such fee along with the associated inventory form to the Department on or before the deadline for submission of such form.
68 Del. Laws, c. 184, §  1;  71 Del. Laws, c. 59, §  1;  81 Del. Laws, c. 156, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6311. Fee collection and management.

§ 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 State Emergency Response Commission through the Department primarily for the purpose of funding the local emergency planning committees and data collection and management activities related to this chapter. At the discretion of the State Emergency Response Commission, these fees may also be used to fund emergency response vehicles (including their purchase, as well as maintenance and repairs) and related equipment and supplies; and physical examinations and medical screenings for volunteer fire service members of decontamination teams. For the purposes of this section, the words “emergency response vehicles” include but are not limited to vehicles such as decontamination units (both tow vehicle and trailer).
(c) The Department shall oversee the assessment and collection of the fees herein authorized. These fees shall be placed in a liquid, interest-bearing account to be selected by the Commission.
(d) Fee moneys obtained under this chapter shall remain available for the purposes of this chapter and shall not be subject to reversion.
(e) All local emergency planning committees and state agencies to be funded under this chapter shall submit to the State Emergency Response Commission for review and approval each year a budget worksheet for the next fiscal year.
(f) [Repealed.]
68 Del. Laws, c. 184, §  1;  68 Del. Laws, c. 270, §§  1, 2;  71 Del. Laws, c. 59, §  1;  73 Del. Laws, c. 309, §  2;  73 Del. Laws, c. 371, §  1;  81 Del. Laws, c. 156, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6312. Exemptions from reporting fee requirements.

§ 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 also be exempt from the reporting fees under this chapter. However, hazardous chemicals or extremely hazardous substances at these facilities other than motor vehicle fuels for retail sale shall not be exempt from the reporting fees.
68 Del. Laws, c. 184, §  1;  71 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6313. Regulations.

§ 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 promulgation.
(c) Concerning the list of extremely hazardous substances and threshold planning quantities established under § 6303 of this title and the list of toxic chemicals established under § 6307 of this title, the lists shall be established and maintained consistent with the corresponding lists of chemicals established and maintained by the administrator under 42 U.S.C. Chapter 116 [42 U.S.C. § 11001 et seq.]. In establishing regulations under this chapter, consideration shall be given to maintaining consistency with federal regulations established by the administrator under 42 U.S.C. Chapter 116 [42 U.S.C. § 11001 et seq.]
(d) With advice and consent of the State Emergency Response Commission, the Secretary may establish additional exemptions or alternate threshold amounts for specific chemical substances or situations of chemical use or storage, provided the reporting burden or the concerns posed by such substances or situations do not justify reporting per the requirements specified in this chapter. With the advice and consent of the State Emergency Response Commission, the Secretary may also establish variances from the reporting requirements and procedures specified within this chapter, provided such variances are intended to promote more efficient implementation and do not unnecessarily jeopardize the purposes of this chapter.
(e) Except as provided in § 6304 of this title, this chapter does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this chapter, including the transportation and distribution of natural gas.
68 Del. Laws, c. 184, §  1;  71 Del. Laws, c. 59, §  1;  81 Del. Laws, c. 156, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6315. Implementation and reevaluation of reporting fees.

§ 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 years, beginning with reports submitted under § 6306 of this title in 1992 covering activities during the 1991 calendar year, the fees herein established shall be assessed at a rate of 100 percent on reports submitted or required to have been submitted under § 6306 of this title by March 1 of each year covering the previous calendar year.
(c) At the conclusion of each 2-year period, the fees imposed under this chapter shall be reevaluated by the State Emergency Response Commission which shall propose to the General Assembly adjustments as necessary to meet current and future needs.
68 Del. Laws, c. 184, §  1;  71 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT › § 6402. Definitions.

§ 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, pleasure or excitement, but such term does not include:
a. Any single-passenger coin-operated ride that is manually, mechanically or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator; or
b. Nonmechanized playground equipment, including but not limited to swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines and physical fitness devices.
(2) “Office” means the Office of the State Fire Marshal.
64 Del. Laws, c. 409, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT › § 6403. Administration; enforcement.

§ 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 shall have to pay a fee in excess of $100. Funds raised through said fees shall be deposited in the State Treasury and shall be credited to the account of the Fire Marshal for administration of this chapter.
64 Del. Laws, c. 409, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT › § 6404. Amusement ride operation requirements.

§ 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 person a written certificate that the inspection has been made and that the amusement ride meets the standards for coverage and is covered by the insurance required by paragraph (2) of this section;
(2) Has an insurance policy currently in force written by an insurance company authorized to do business in this State, a surplus lines insurer, as defined by Chapter 19 of Title 18, or an independently procured policy in an amount of not less than $1,000,000 per occurrence insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride; and
(3) Files with the Fire Marshal in the manner required by this chapter, the inspection certificate and the insurance policy required by this section or a photocopy of such a certificate or policy authorized by the Fire Marshal.
64 Del. Laws, c. 409, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT › § 6404A. Requirements for commercial bungee jumping operations.

§ 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 by this section, or a photocopy of such a certificate or policy authorized by the Fire Marshal.
(b) Any person operating a bungee jump for use by paying customers which has been registered with the Fire Marshal shall be periodically inspected by a representative of the office of the State Fire Marshal.
(c) The State Fire Prevention Commission shall promulgate regulations relating to safety standards for the operation of commercial bungee jumps.
68 Del. Laws, c. 448, §  1;  77 Del. Laws, c. 444, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT › § 6405. Insurance filing requirements.

§ 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) more than once a year, the inspection certificate must be filed not later than 15 days after each inspection and the insurance policy must be filed before June of each year.
64 Del. Laws, c. 409, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT › § 6406. Insurance information request.

§ 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 in effect on the amusement ride. The sponsor, lessor, landowner or other person to whom the information request is made shall respond to the Fire Marshal within 15 days after the request is made.
64 Del. Laws, c. 409, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT › § 6407. Denial of entry to amusement rides.

§ 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 amusement ride.
64 Del. Laws, c. 409, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT › § 6408. Injunctions.

§ 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 regulations, or which are otherwise deemed by the Fire Marshal to present an imminent risk to public health and safety including, but not limited to, the risk to public health and safety posed by the interruption of traffic flow.
64 Del. Laws, c. 409, §  1;  68 Del. Laws, c. 448, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 444, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 64. AMUSEMENT RIDES SAFETY INSPECTION AND INSURANCE ACT › § 6409. Penalties.

§ 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 the person fails to provide the required information or provides false information under § 6406 of this title.
(c) An offense under this chapter is a class C misdemeanor.
(d) Each day a violation of this chapter is committed constitutes a separate offense.
64 Del. Laws, c. 409, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 65. FIRES › § 6501. Liability for negligent burning.

§ 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 care and prudence, by reason whereof the property, real or personal, of any other person is destroyed or impaired, such owner, tenant or occupier is liable to pay the damage resulting therefrom, which may be recovered in a civil action brought in any court having jurisdiction. Damages to an amount not exceeding $200 may be recovered in an action before any justice of the peace of the county wherein the fire occurred. In case of a recovery before a justice of the peace, no further recovery shall be had by the plaintiff therein or the plaintiff's legal representatives of damages resulting from the same fire.
16 Del. Laws, c. 380, §  1;  Code 1915, §  3447;  Code 1935, §  3907;  16 Del. C. 1953, §  6501;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 65. FIRES › § 6502. Liability of railroads for burning.

§ 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 brush or other combustible matter, from any cause whatsoever, is set on fire, and by reason thereof, the property, real or personal, of any person is destroyed or impaired, such railroad company is liable to pay the damages resulting therefrom, to be recovered in the same manner as provided in § 6501 of this title in the case of individuals liable for damages resulting from fire.
16 Del. Laws, c. 380, §  2;  Code 1915, §  3448;  Code 1935, §  3908;  16 Del. C. 1953, §  6502;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 65. FIRES › § 6503. Spark arrester for traction engines; penalty.

§ 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 or spark protector, which spark catcher or spark protector shall be of a conical or funnel shape and of a heavy wire material and of a mesh not larger than one eighth of an inch. No owner of a traction engine shall suffer or permit the engine to be operated without having the smokestack thereof securely protected by such spark protector.
(b) Any owner or operator of a traction engine failing or neglecting to provide the owner's or operator's engine with a spark protector shall be fined not more than $50.
25 Del. Laws, c. 243, §  1;  Code 1915, §  3450;  Code 1935, §  3909;  16 Del. C. 1953, §  6503;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter I. State Fire Prevention Commission › § 6601. Objectives.

§ 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 practices.
77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter I. State Fire Prevention Commission › § 6602. State Fire Prevention Commission — Appointment; qualifications; cause for removal; term of office; members to serve without compensation.

§ 6602. State Fire Prevention Commission — Appointment; qualifications; cause for removal; term of office; members to serve without compensation.
(a) The State Fire Prevention Commission shall consist of 7 commissioners as follows:
3 representatives of business and industry to include one from each county to be appointed by the Governor; 3 Delaware volunteer firefighters to include one from each county to be appointed by the Governor; and the immediate past president of the Delaware Volunteer Firefighters' Association.
(b) The Firefighter Commissioners shall be recommended to the Governor by each Delaware Volunteer Firefighters' Association County President of the county in which the expired term or vacancy exists within 60 days prior to the expiration of a Commissioner's term or within 30 days following a vacancy. Each recommendation shall include 3 nominees and any and all necessary information required by the Governor regarding the nominee's qualifications to serve as a Commissioner.
(c) Business and industry Commissioners shall have knowledge in the areas of the Commission's jurisdiction and be employed within an industry regulated by or under the authority of the Commissioner.
(d) Commissioners may be removed by the Governor for continued neglect of the duties required by this chapter, or for refusal to act, misconduct, incompetency, or other sufficient cause. Missing 3 consecutive meetings shall presumptively be neglect of duty for purposes of this section.
(e) Commissioners shall be appointed to serve 4-year terms and shall not serve more than 3 terms to ensure that the terms of no more than 2 Commissioners expire in 1 year.
(f) Commissioners shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
(g) No Commissioner, while serving on the State Fire Prevention Commission, shall be an officer of any kind (president/chairperson, president-elect, vice president, secretary, board of directors, or treasurer) of any state or county volunteer firemen's association, including but not limited to, the Delaware Volunteer Firefighter's Association, or any professional board, commission, or trade association, or union representing an industry or service regulated by the State Fire Prevention Commission. No Commissioner shall hold a politically elected or appointed position.
16 Del. C. 1953, §  6601;  49 Del. Laws, c. 335;  52 Del. Laws, c. 5, §  1;  63 Del. Laws, c. 381, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 444, §  4;  83 Del. Laws, c. 143, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter I. State Fire Prevention Commission › § 6603. State Fire Prevention Commission — Organization and meetings.

§ 6603. State Fire Prevention Commission — Organization and meetings.
(a) The Commission shall elect a Chairperson and Vice Chairperson from among its Commissioners and shall hold regular meetings at least once a month. Special meetings may be called by the Chairperson, by the Vice Chairperson in the absence of the Chairperson, or by 3 Commissioners.
(b) No business shall be transacted by the Commission in the absence of a quorum which shall be 4 Commissioners, 1 of which must be the Chairperson or Vice Chairperson.
16 Del. C. 1953, §  6602;  49 Del. Laws, c. 335;  52 Del. Laws, c. 5, §  1;  63 Del. Laws, c. 381, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 444, §  4;  83 Del. Laws, c. 143, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter I. State Fire Prevention Commission › § 6606. Annual report; financial statement and budget.

§ 6606. Annual report; financial statement and budget.
(a) The State Fire Prevention Commission shall annually, on or before September 30, transmit to the Governor a full report of its proceedings under this chapter and such statistics as it may wish to include therein. It shall also recommend any amendments to the law which in its judgment shall be desirable.
(b) Along with the annual report, the State Fire Prevention Commission shall transmit a financial statement showing all expenditures and income of the State Fire Prevention Commission covering the preceding 12 months, starting July 1 and ending June 30.
(c) In the even-numbered years the State Fire Prevention Commission shall submit to the Budget Commission a budget showing proposed expenditures for the biennium beginning July 1 next succeeding.
(d) The State Fire Prevention Commission shall be given the authority to reimburse volunteer fire companies which incur extraordinary expenses, an amount not to exceed the amount specified in the annual appropriations act, upon request from a volunteer fire company. An “extraordinary expense” under the provisions of this section shall be defined as an expense for which a volunteer fire company would not normally prepare for in its company budget and is not covered by said company's own private insurance.
16 Del. C. 1953, §  6612;  52 Del. Laws, c. 5, §  1;  73 Del. Laws, c. 309, §  3;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter I. State Fire Prevention Commission › § 6607A. Injunctive relief.

§ 6607A. Injunctive relief.
The State Fire Prevention Commission may in its discretion bring an action in the Delaware Court of Chancery to temporarily restrain or enjoin any act or practice which constitutes a violation of an order of the State Fire Prevention Commission or of any provision of this chapter and to enforce compliance with any order of the State Fire Prevention Commission or provision of this chapter.
63 Del. Laws, c. 381, §  5;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter I. State Fire Prevention Commission › § 6609. Appeals to the State Fire Prevention Commission — Procedure.

§ 6609. Appeals to the State Fire Prevention Commission — Procedure.
(a) Appeals to the State Fire Prevention Commission may be taken by any person aggrieved by an order or decision of the State Fire Marshal, or the Marshal's Deputy or Deputies, based upon or made in the course of the administration or enforcement of this chapter. Appeals to the State Fire Prevention Commission may be taken by any officer, department, board or bureau of the State and the several counties, cities and political subdivisions thereof affected by an order or decision of the State Fire Marshal, or the Marshal's Deputy or Deputies, in the course of the administration or enforcement of this chapter.
(b) Appeals by any person aggrieved by an order or decision of the State Fire Marshal, the Marshal's Deputy or Deputies, or Assistant State Fire Marshals based upon or made in the course of the administration or enforcement of this chapter or local regulations incorporating the State Fire Prevention Commission Regulations shall be taken to the State Fire Prevention Commission. Appeals by any officer, department, board or bureau of the State and the several counties, cities and political subdivisions thereof affected by an order or decision of the State Fire Marshal, or the Marshal's Deputy or Deputies or Assistant Fire Marshals, in the course of the administration or enforcement of this chapter or local regulations incorporating the State Fire Prevention Commission Regulations shall be taken to the State Fire Prevention Commission.
(c) The time within which such appeal must be made and the effect, form or other procedure relating thereto shall be as specified in regulations promulgated by the State Fire Prevention Commission following notice and public hearings as provided in § 6604 of this title.
16 Del. C. 1953, §  6608;  52 Del. Laws, c. 5, §  1;  53 Del. Laws, c. 423, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 183, §  1;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter I. State Fire Prevention Commission › § 6610. Appeals to the State Fire Prevention Commission — Powers upon appeals.

§ 6610. Appeals to the State Fire Prevention Commission — Powers upon appeals.
Upon appeals the State Fire Prevention Commission shall have the following powers:
(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the State Fire Marshal, or the Marshal's Deputy or Deputies, based on or made in the enforcement of this chapter;
(2) To hear and decide, in accordance with any duly adopted regulation, requests for special exceptions or for interpretation of regulations or for decisions upon other special questions upon which the State Fire Prevention Commission is required by any regulation to pass;
(3) To authorize a variance from particular provisions of the regulations duly promulgated under § 6604 of this title where strict compliance with such provisions would entail practical difficulties or unnecessary hardships, provided such relief may be granted without substantial detriment to the public safety and without substantially impairing the intent and purpose of the regulations promulgated under § 6604 of this title;
(4) All decisions, authorizations or interpretations made by the State Fire Prevention Commission hereunder shall be written and signed by the Chairperson or Vice-Chairperson and filed in the office of the State Fire Marshal, or the Marshal's Deputy or Deputies, within 30 days following the appeal.
16 Del. C. 1953, §  6609;  52 Del. Laws, c. 5, §  1;  53 Del. Laws, c. 423, §  4;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter I. State Fire Prevention Commission › § 6611. Court review of decision of State Fire Prevention Commission; procedure.

§ 6611. Court review of decision of State Fire Prevention Commission; procedure.
(a) Any person jointly or severally aggrieved by any decision of the State Fire Prevention Commission made in the exercise of its appellate function under §§ 6609 and 6610 of this title, or in exercise of its authority decertifying, suspending or otherwise disciplining an emergency medical technician (EMT) under § 6712A of this title, or any officer, department, board or bureau of the State and the several counties, cities and political subdivisions thereof may appeal the final order of the State Fire Prevention Commission to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the party aggrieved by the decision. Upon such appeal the Superior Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
(b) Costs shall not be allowed against the State Fire Prevention Commission unless it shall appear to the Superior Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
16 Del. C. 1953, §  6610;  52 Del. Laws, c. 5, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 54, §  2;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter II. State Fire Marshal › § 6613. Reports from insurance companies; reports of investigations by State Fire Marshal.

§ 6613. Reports from insurance companies; reports of investigations by State Fire Marshal.
(a) Each fire insurance company or association doing business in this State shall, within 30 days after the adjustment of any loss sustained by it, report to the State Fire Marshal, upon forms furnished by it, such information regarding the amount of insurance, the value of the property insured and the amount of claim as adjusted, as in the judgment of the State Fire Marshal it is necessary for the State Fire Marshal to know. This report shall be in addition to any such information required by the Insurance Commissioner.
(b) Upon the request of the owner or insurer of any property destroyed or injured by fire or explosion, or in which an attempt to cause a fire or explosion may have occurred, the State Fire Marshal, upon approval of the Attorney General's office, may make a written report to the person requesting the same of the result of the examination made by the State Fire Marshal regarding the property.
16 Del. C. 1953, §  6620;  56 Del. Laws, c. 82;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter II. State Fire Marshal › § 6615. State Fire Marshal's Advisory Board.

§ 6615. State Fire Marshal's Advisory Board.
For the purpose of advising and making recommendations to the State Fire Marshal in connection with any matters relating to the State Fire Marshal, there is hereby created the State Fire Marshal's Advisory Board. The Advisory Board shall be comprised of 6 members appointed by the Delaware Volunteer Firefighters' Association. Two members shall come from New Castle County, 2 from Kent County and 2 from Sussex County. Each member of the Advisory Board shall serve at the pleasure of the Delaware Volunteer Firefighters' Association. The Advisory Board shall choose a Chairperson and shall meet thereafter at the call of the Chairperson of the Advisory Board, or the State Fire Marshal.
16 Del. C. 1953, §  6618;  54 Del. Laws, c. 318, §  1;  65 Del. Laws, c. 246, §  1;  65 Del. Laws, c. 400, §§  1, 2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 378, §  1;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter II. State Fire Marshal › § 6616. Protection of records.

§ 6616. Protection of records.
Any and all records and reports compiled by the State Fire Marshal's office resulting from the State's Juvenile Fire Setter Intervention Program, including, but not limited to, case histories, interviews and findings, shall be considered confidential and privileged and shall not be disclosed directly or indirectly to anyone other than Family Court, the Attorney General and the Deputy Attorneys General and the employees of the State Fire Marshal's office in the discharge of their official duties. Such records and reports shall not be subject to the Freedom of Information Act pursuant to Chapter 100 of Title 29 and shall not be subject to any subpoena powers of any court.
69 Del. Laws, c. 395, §  1;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter III. State Fire School › § 6617. Location; supervision; purposes.

§ 6617. Location; supervision; purposes.
There is established in the Dover area a state institution known as the Delaware State Fire School. The Delaware State Fire School shall be under the supervision and control of the State Fire Prevention Commission to effectuate the following purposes:
(1) To provide firefighters and first responders with needed professional instruction and training at a minimum cost to them and their employers;
(2) To develop new methods and practices of fire fighting;
(3) To provide facilities for testing fire fighting equipment;
(4) To disseminate information relative to fires, techniques of fire fighting and other related subjects to all interested agencies and individuals throughout the State;
(5) To undertake any project and engage in any activity which in the opinion of the Fire Prevention Commission will serve to protect the public safety.
16 Del. C. 1953, §  6613;  54 Del. Laws, c. 318, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter III. State Fire School › § 6618. State Fire Prevention Commission's powers and duties.

§ 6618. State Fire Prevention Commission's powers and duties.
(a) The State Fire Prevention Commission shall have complete jurisdiction over the Delaware State Fire School and is vested with full power and authority:
(1) To adopt rules and regulations necessary for the governing of said institution;
(2) To appoint a Director to run the daily operations of the Delaware State Fire School and to employ or acquire such other instructors, office and clerical employees as may be necessary.
(3) To have full management, possession and control of the lands, buildings, structures and property belonging thereto;
(4) To approve the courses of study of the institution;
(5) To approve the rules and regulations for the admission of trainees to said institution;
(6) To visit and inspect said institution and every department thereof, including any and all accounts and records;
(7) To approve all necessary budgets of expenditures for the enlargement, proper furnishings, maintenance, support and conduct of said institution;
(8) To build, construct, change, enlarge, repair and maintain any and all buildings or structures of said institution that may at any time be necessary for said institution;
(9) To purchase and acquire all lands and property necessary for same, of every nature and description whatsoever;
(10) To care for and maintain the same and to do and perform every other matter or thing requisite to the proper management, maintenance, support and control of said institution necessary or requisite to carry out fully the purpose of §§ 6617-6623 of this title, and for raising it to and maintaining it at the proper efficiency and standard as required in the interest of public safety.
(b) The State Fire Prevention Commission shall be permitted to conduct any live burn operation at the Delaware State Fire Service Center, including the New Castle and Sussex Divisions, necessary to carry out the purposes and duties of this chapter, notwithstanding any other provision of the Delaware Code, any county or municipal ordinance or any rules or regulations prohibiting the same to the contrary.
16 Del. C. 1953, §  6614;  54 Del. Laws, c. 318, §  1;  66 Del. Laws, c. 145, §  1;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter III. State Fire School › § 6619. Director and employees.

§ 6619. Director and employees.
The State Fire Prevention Commission shall employ a Director for the Delaware State Fire School who shall be especially trained and qualified in fire fighting, fire experimental work, and emergency services training or shall have such other qualifications as deemed appropriate by the State Fire Prevention Commission including, but not limited to, educational and administrative experience. The Director shall receive such salary as may be set by the State Fire Prevention Commission within the limits set by the annual appropriation to the State Fire Prevention Commission. The Director shall be appointed for a term of 4 years and such term shall be renewable in the discretion of the State Fire Prevention Commission. The Director with the consent and approval of State Fire Prevention Commission shall appoint all authorized personnel pursuant to the merit system rules and regulations as may be necessary for the orderly administration of the Fire School. Salaries of all personnel, to include appropriate classifications, upgrading and promotions, shall be in compliance with Chapter 59 of Title 29.
16 Del. C. 1953, §  6616;  54 Del. Laws, c. 318, §  1;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 66. FIRE PREVENTION › Subchapter III. State Fire School › § 6620. School attendance fees.

§ 6620. School attendance fees.
The Director with the consent and approval of the State Fire Prevention Commission may fix and collect admission fees and other fees that it may deem necessary to be charged for training given, and it is expressly provided that all such fees so collected by the State Fire School shall not affect the state appropriation or be deducted there from, but shall be so much additional moneys available for the operation and maintenance of said institution, and the said fees shall be paid to the State Treasury for accounting and deposit in a special fund in the State Treasury.
16 Del. C. 1953, §  6615;  54 Del. Laws, c. 318, §  1;  77 Del. Laws, c. 444, §  4;