reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 72. LIQUEFIED PETROLEUM GAS CONTAINERS › § 7208. Ownership of liquefied petroleum gas containers.

§ 7208. Ownership of liquefied petroleum gas containers.
Any liquefied petroleum gas containers placed upon land, whether aboveground or underground, by a person other than the owner of the land, pursuant to a lease or bailment agreement between the owner of the land and the person placing such containers on the land, shall remain movable property during the term of such lease or bailment, and the ownership thereof shall not be affected by the sale, either private or judicial, through foreclosure, execution process or otherwise, of the land upon which they are placed, nor shall the ownership of such containers by the person placing them upon the land be subordinate to the rights of any purchaser of the land at any such sale. The owner of any liquefied petroleum gas container removed from any property under this section shall be responsible for filling in the hole resulting from the removal of such container.
61 Del. Laws, c. 29, §  1;  62 Del. Laws, c. 66, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7301. Selling without fire test; method of testing.

§ 7301. Selling without fire test; method of testing.
(a) No person shall sell or offer for sale, within the limits of this State, any kerosene, headlight or other oil for illuminating purposes produced from petroleum, which will not bear the fire test of at least 115° Fahrenheit.
(b) The fire test shall be determined by the use of the Tagliabue instrument or apparatus in method and manner as follows:
Partially fill the metal cup with water about 60° Fahrenheit temperature, leaving room for displacement by the glass oil cup; fill the glass oil cup with the oil to be tested, to within 1/4 of an inch of the top of the cup, remove all oil from the top edge of the cup using soft paper for such purpose; see that the surface of oil in the cup is free from air bubbles; suspend the thermometer with the bulb just below the surface of the oil; heat with a small alcohol flame; when the thermometer indicates 100° Fahrenheit; remove flame and allow temperature to run up to 103° Fahrenheit; at which point try for flash with small bead of fire on the end of a string, or otherwise, held not less than 1/4 of an inch above the surface of the oil; if the oil does not flash or if it flashes and does not continue to burn, replace flame, work temperature up 4° Fahrenheit more, then remove flame, allow temperature to run up 3° Fahrenheit more and again try to flash; if the oil flashes, or if it flashes and does not continue to burn, repeat this operation until 114° Fahrenheit are reached, at which point, if the oil does not flash or if it flashes and does not continue to burn, it shall be deemed and considered as of not less than 115° fire test; but the oil thus tested shall not be deemed or considered as of not less than 115° fire test if it flashes and continues to burn at 114° Fahrenheit or at a lower temperature.
(c) The temperature in making the test, as set forth in subsection (b) of this section, shall not be raised or allowed to rise in any instance faster than 2° Fahrenheit per minute.
14 Del. Laws, c. 411, §  1;  24 Del. Laws, c. 161, §  1;  Code 1915, §  3454;  Code 1935, §  3924;  16 Del. C. 1953, §  7301;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7302. Tests by State Chemist; fees.

§ 7302. Tests by State Chemist; fees.
(a) The State Chemist shall make tests in the method or manner as provided in § 7301 of this title to determine the fire test of any sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum sold or offered for sale in this State which any citizen thereof may forward to the State Chemist for such test. Each sample sent shall not be less in quantity than 1 pint and shall be forwarded by express, charges prepaid, contained in a glass, earthen or metal receptacle which has not been used to contain any other substance, securely sealed and accompanied by a fee of $1.00. If such sample stands the legal fire test described in § 7301 of this title and will not burn below 115° Fahrenheit, the State Chemist may retain the $1.00 as a fee, but in the event the sample fails to stand the legal test by burning below 115° Fahrenheit, the $1.00 shall be returned to the sender and a fee of $5.00 charged against the dealer from whom the sample has been obtained, which shall be collected in the same manner as fines are collected, subject to the same rights of appeal.
(b) The State Chemist may take from any reservoir, tank, barrel, can or other receptacle in this State, used for holding or storing kerosene, headlight or other oil for illuminating purposes produced from petroleum, a sample not exceeding 1 pint from any such receptacle, for the purpose of submitting and subjecting such oil to a fire test as provided in § 7301 of this title.
14 Del. Laws, c. 411, §  2;  24 Del. Laws, c. 161, §  2;  Code 1915, §  3455;  Code 1935, §  3925;  16 Del. C. 1953, §  7302;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7303. Report of test failures to Attorney General.

§ 7303. Report of test failures to Attorney General.
(a) The State Chemist, when a tested sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum is found to be of a fire test less than that required by the provisions of § 7301 of this title, shall report the fact to the Attorney General giving the name of the owner or owners of the oil in any reservoir, tank, barrel, can or other receptacle from which the tested sample was taken together with a certificate showing the result of such fire test.
(b) The Attorney General, upon receipt of the report and certificates from the State Chemist, shall proceed in a court of competent jurisdiction against the owner or owners of the kerosene, headlight or other oil for illuminating purposes produced from petroleum from which the tested sample was taken, if such owner or owners be individuals and against the officers thereof if the owner of such oil be a domestic corporation and against the resident agent in this State if the owner of such oil be a foreign corporation or nonresident individual or copartnership.
14 Del. Laws, c. 411, §  2;  24 Del. Laws, c. 161, §  2;  Code 1915, §  3455;  Code 1935, §  3925;  16 Del. C. 1953, §  7303;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7304. Civil liability.

§ 7304. Civil liability.
If any person sustains property damage or personal injury by reason of a violation of this chapter by another person, the person guilty of the violation shall be liable to the person injured for damages sustained thereby.
14 Del. Laws, c. 411, §  3;  Code 1915, §  3456;  Code 1935, §  3926;  16 Del. C. 1953, §  7304;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7305. Legislative intent.

§ 7305. Legislative intent.
It is hereby declared that modern, efficient, safety-tested portable oil-fueled heaters may be offered for sale, sold and used in this State. However, fire hazards and other dangers to the health, safety and welfare of the inhabitants of this State may exist in the absence of legislation the purpose of which is to reasonably assure that portable oil-fueled heaters offered for sale to, sold to and used by inhabitants of this State are modern, efficient and safety tested. It is the intent of the General Assembly to hereinafter set forth such legislation.
14 Del. Laws, c. 411, §  2;  24 Del. Laws, c. 161, §  2;  Code 1915, §  3455;  Code 1935, §  3925;  16 Del. C. 1953, §  7305;  63 Del. Laws, c. 117, §§  2, 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7306. Definitions.

§ 7306. Definitions.
As used in this chapter:
(1) “1-K” or “K-1 kerosene” means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M. (American Society for Testing of Materials) #D3699 (1978) for 1-K.
(2) “2-K” or “K-2 kerosene” means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M. #D3699 (1978) for 2-K.
(3) “Approved” means acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters as hereinafter set forth.
(4) “Listed” means any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by any 1 of the following nationally recognized testing or inspection agencies:
Underwriters Laboratories, Inc., Canadian Standards Association, Factory Mutual System, Applied Research Laboratories of Florida, Inc., Electrical Testing Laboratory and which has been authorized by the State Fire Prevention Commission as being reasonably safe for its specific purpose and shown in a list published by such agency and bears the mark, name or symbol of such agency as indication that it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter set forth. Similar evaluations by a nationally recognized testing or inspection agency other than the above mentioned which are approved by the State Fire Marshal may be listed as well.
(5) “Oil” means any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene.
(6) “Portable oil-fueled heater” means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from 1 location to another.
(7) “Structure” means any building or completed construction of any kind, including but not limited to, private dwellings or to any structure used for business, commercial or industrial purposes, but not including buildings under construction or buildings used solely for agricultural purposes.
63 Del. Laws, c. 117, §  4;  64 Del. Laws, c. 31, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7307. Sale and use of portable oil-fueled heaters.

§ 7307. Sale and use of portable oil-fueled heaters.
Approved portable oil-fueled heaters may be offered for sale, sold and used in structures in this State; however, the use of a portable oil-fueled heater in multi-unit residential buildings is specifically prohibited. Any portable oil-fueled heaters which are not approved may not be offered for sale, sold or used in structures in this State. Any portable oil-fueled heater may be offered for sale, sold and used in locations other than structures unless specifically prohibited by legislation of this State. Any listed portable oil-fueled heater shall be approved if it satisfies the requirements hereinafter set forth and if the supplier has certified to the State Fire Prevention Commission that it is listed and in compliance herewith.
63 Del. Laws, c. 117, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7308. Requirements for approved portable oil-fueled heaters.

§ 7308. Requirements for approved portable oil-fueled heaters.
Approved portable oil-fueled heaters must adhere to the following requirements:
(1) Approved portable oil-fueled heaters must have labeling affixed thereto such as to caution and inform concerning:
a. Provision of an adequate source of ventilation when the heater is in operation;
b. Use of only suitable fuel for the heater;
c. Proper manner of refueling;
d. Proper placement and handling of the heater when in operation; and
e. Proper procedures for lighting, flame regulation and extinguishing the heater.
(2) Approved portable oil-fueled heaters must be packaged with instructions such as to inform concerning proper maintenance and operation.
(3) Approved portable oil-fueled heaters must be constructed with a low center of gravity and minimum tipping angle of 33 degrees from the vertical with an empty reservoir.
(4) Approved portable oil-fueled heaters must have an automatic safety shut-off device or inherent design feature which eliminates fire hazards in the event of tipover and otherwise conform with the standards set forth in National Fire Protection Association (NFPA) No. 31.
(5) Approved portable oil-fueled heaters must not produce carbon monoxide at rates which create a hazard when operated as intended and instructed.
63 Del. Laws, c. 117, §  6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7309. Storage of kerosene.

§ 7309. Storage of kerosene.
Any portable containers in which kerosene is stored must not be red in color, nor may they be made of glass. They must be clearly marked “kerosene.”
63 Del. Laws, c. 117, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7310. Authority of State Fire Prevention Commission.

§ 7310. Authority of State Fire Prevention Commission.
The State Fire Prevention Commission shall be the authority having jurisdiction over the sale and use of portable oil-fueled heaters and only this chapter shall govern the sale and use of portable oil-fueled heaters in this State.
63 Del. Laws, c. 117, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7311. Penalties; jurisdiction.

§ 7311. Penalties; jurisdiction.
Whoever violates this chapter shall be fined not more than $200 for each offense. The Superior Court shall have jurisdiction to adjudicate offenses under this chapter.
63 Del. Laws, c. 117, §  8;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7312. Kerosene labeling requirements.

§ 7312. Kerosene labeling requirements.
1-K and 2-K kerosene which is kept, offered, exposed for sale or sold within the State shall be properly identified as meeting A.S.T.M. standards. Such identification requirements shall apply to every dispenser and delivery ticket (manifest or invoice) accompanying the transfer of kerosene which is kept, offered, exposed for sale or sold in the State. Furthermore, dispensers or retail pumps of kerosene fuels other than 1-K must bear the following warning label in a conspicuous place:
A.S.T.M. grade 2-K kerosene is not suitable for use in unvented (flueless) portable heaters. Evidence for the quality of 1-K or 2-K from the supplier of kerosene shall be maintained at the retail sales location and shall be available for state inspection during normal business hours.
64 Del. Laws, c. 31, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7313. Kerosene inspection, sampling and testing.

§ 7313. Kerosene inspection, sampling and testing.
The weights and measures section of the State Department of Agriculture shall be responsible for the inspection, sampling and testing of kerosene sold by dealers within the State to determine compliance with labeling requirements. Tests shall be conducted on kerosene kept, offered, exposed for sale or sold within the State in order to determine if the product specifications meet the minimum specifications of the type of product being sold. A “stop sale” shall be issued immediately by the Department of Agriculture for all kerosenes found to be mislabeled or misrepresented.
64 Del. Laws, c. 31, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 73. PRODUCTS UTILIZING PETROLEUM DERIVATIVES › § 7314. Penalties.

§ 7314. Penalties.
Notwithstanding § 7311 of this title, persons who do not comply with labeling and/or certification provisions of §§ 7312 and 7313 of this title shall be punished by a fine of not less than $25 or more than $200, or by imprisonment for not more than 1 month, or by both such fine and imprisonment; and upon a subsequent conviction thereof, they shall be punished by a fine of not less than $50 or more than $500, or by imprisonment for not more than 6 months, or by both such fine and imprisonment. The Superior Court shall have jurisdiction to adjudicate offenses under this section.
64 Del. Laws, c. 31, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7401. Declaration of policy.

§ 7401. Declaration of policy.
It is the policy of this State in furtherance of its responsibilities to protect the public health and safety to:
(1) Institute and maintain a regulatory program for sources of ionizing radiation so as to provide for:
a. Compatibility with the standards and regulatory programs of the federal government;
b. A single, effective system of regulation within the State; and
c. A system consonant insofar as possible with those of other states;
(2) Institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public; and
(3) Encourage the constructive uses of radiation, and to prohibit and prevent exposure to ionizing radiation in amounts which are or may be detrimental to health.
16 Del. C. 1953, §  7401;  56 Del. Laws, c. 266, §  1;  67 Del. Laws, c. 192, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7402. Purpose.

§ 7402. Purpose.
It is the purpose of this chapter to effectuate the policies set forth in § 7401 of this title by providing a program to:
(1) Effectively regulate sources of ionizing radiation for the protection of occupational and public health and safety;
(2) Promote an orderly regulatory pattern within the State, among the states and between the federal government and the State and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;
(3) Define regulatory responsibilities with respect to radioactive material; and
(4) Permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public.
(5) [Repealed.]
16 Del. C. 1953, §  7402;  56 Del. Laws, c. 266, §  1;  67 Del. Laws, c. 192, §§  2, 3;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7403. Definitions.

§ 7403. Definitions.
As used in this chapter:
(1) “Authority” means the Authority on Radiation Protection created by § 7404 of this title.
(2) “Ionizing radiation” means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared or ultraviolet light.
(3) “Person,” in addition to the definitions contained in § 302 of Title 1, means any public or private institution, group, agency, political subdivision of this State, any other state or political subdivision or agency thereof and any legal successor, representative, agent or agency of the foregoing, other than the United States Nuclear Regulatory Commission or any successor thereto and other than federal government agencies licensed by the United States Nuclear Regulatory Commission or any successor thereto.
(4) “Radioactive material” means any material (solid, liquid or gas) which emits ionizing radiation spontaneously.
(5) “Users of ionizing radiation” means persons who supervise the application of ionizing radiation and/or apply ionizing radiation to human beings for diagnostic and/or therapeutic purposes.
16 Del. C. 1953, §  7403;  56 Del. Laws, c. 266, §  1;  60 Del. Laws, c. 698, §  1;  67 Del. Laws, c. 192, §  4;  76 Del. Laws, c. 249, §  1;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7405. Rules and regulations; adoption; notice; hearing.

§ 7405. Rules and regulations; adoption; notice; hearing.
(a) The Authority shall adopt rules and regulations as may be necessary for the control of sources of ionizing radiation. Prior to adoption of any rule or regulation, the Authority shall publish or otherwise circulate notice of its intended action and afford interested parties an opportunity, at a public hearing, to submit data and views orally or in writing. Such rules and regulations may provide, subject to subsection (c) of this section, for the establishment of fees by the Authority to fund the issuance of licenses, certifications or registrations, and other activities deemed appropriate to meet the requirements of this statute. No code, rule, regulation or amendment or repeal thereof shall be effective until 60 days after adoption thereof.
(b) Any fee established by the Authority shall not be effective until enacted into law by an act of the General Assembly.
(c) Fees are established for issuance of annual registration permits to radiation machine facilities located within the State, according to the fee schedule below, with appropriated revenue to be used for fee-supported program enhancements, consistent with state budgetary procedures.
Category I:
Facilities with a total of 5 or more of the medical modalities or nonmedical modalities listed below:
$1370.
Category II:
Facilities with a total of 3 or 4 of the medical modalities or nonmedical modalities listed below:
$1030.
Category III:
Facilities with 2 of the medical modalities listed below:
$690.
Category IV:
Facilities with 1 of the medical modalities listed below, and an annual patient workload of 750 examinations or more:
$275.
Category V:
Facilities with 1 of the medical modalities listed below, and an annual patient workload of less than 750 examinations, and all other radiation installations with 1 or 2 of the nonmedical modalities listed below except as listed under Category VI:
$140.
Category VI:
Dental, podiatric, bone densitometry or veterinary installations:
$75.
For purposes of the fee schedule set out above, the following definitions shall apply:
“Medical modalities” shall mean radiography, fluoroscopy, computed tomography, angiography, stereotactic breast biopsy systems, and radiation therapy, utilized in humans.
“Nonmedical modalities” shall mean radiography, fluoroscopy, analytical equipment (including electron microscopes, fluorescence analysis and X-ray diffraction equipment), computed tomography, and particle accelerators, not utilized on humans.
16 Del. C. 1953, §  7405;  56 Del. Laws, c. 266, §  1;  60 Del. Laws, c. 698, §  3;  76 Del. Laws, c. 249, §  2;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7406. Licensing and registration of sources and users of ionizing radiation.

§ 7406. Licensing and registration of sources and users of ionizing radiation.
(a) The Authority shall promulgate rules and regulations for regulation of radiation sources and devices or equipment utilizing such sources and for the registration or exemption of such sources, devices or equipment. Such rules or regulations shall provide for the amendment, suspension or revocation of such licenses or registration.
(b) The Authority may require licensing or certification of users of ionizing radiation.
(c) The Authority may provide for recognition of other state or federal licenses or registrations.
16 Del. C. 1953, §  7406;  56 Del. Laws, c. 266, §  1;  60 Del. Laws, c. 698, §  4;  67 Del. Laws, c. 192, §  6;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7407. Inspection.

§ 7407. Inspection.
The Authority or its duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violations of this chapter and rules and regulations issued thereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly authorized designated representative.
16 Del. C. 1953, §  7407;  56 Del. Laws, c. 266, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7408. Records.

§ 7408. Records.
(a) The Authority or its duly authorized representatives shall require each person who possesses or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer or disposal and such other records as the Authority may require subject to such exemptions as may be provided by rules or regulations.
(b) The Authority or its duly authorized representatives shall require each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by the rules and regulations of the Authority. Copies of these records and those required to be kept by this section shall be submitted to the Administrative Agent or Authority on request.
16 Del. C. 1953, §  7408;  56 Del. Laws, c. 266, §  1;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7409. Federal-state agreements.

§ 7409. Federal-state agreements.
(a) The Governor, upon the recommendation of the Authority, may enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this State.
(b) In the event that the Governor enters into an agreement with the federal government all federal licenses which are valid on the effective date of such agreement shall have the force and effect of a state license or registration issued by the Authority. Such licenses shall be deemed to expire on a date which shall be the earlier of:
(1) The date of expiration specified in the federal license; or (2) Ninety days from receipt from the Authority of notice that the federal license will no longer be recognized by the Authority.
16 Del. C. 1953, §  7409;  56 Del. Laws, c. 266, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7410. Inspection agreements and training programs.

§ 7410. Inspection agreements and training programs.
(a) Subject to the approval of the Governor, the Authority may enter into agreements with the federal government, other states or interstate agencies for inspections or other functions relating to control of sources of ionizing radiation.
(b) The Authority or its duly authorized representatives may institute training programs for the purpose of qualifying personnel to carry out this chapter and may make personnel available for participation in any program or programs of the federal government, other states or interstate agencies.
16 Del. C. 1953, §  7410;  56 Del. Laws, c. 266, §  1;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7411. Conflicting laws.

§ 7411. Conflicting laws.
Ordinances, resolutions or regulations of a governing body or of any other governmental unit relating to radioactive materials shall not be superseded by this chapter if they are consistent with this chapter and rules and regulations hereunder.
16 Del. C. 1953, §  7411;  56 Del. Laws, c. 266, §  1;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7412. Administrative procedure and judicial review; emergency rules.

§ 7412. Administrative procedure and judicial review; emergency rules.
(a) In any proceeding under this chapter:
(1) For the issuance or modification of rules and regulations relating to control of sources of ionizing radiation; or
(2) For granting, suspending, revoking or amending any license or registration; or
(3) For determining compliance with, or granting exceptions from, rules and regulations of the Authority,
the Authority shall afford an opportunity for a hearing on the record upon the request of any person who may be affected by the action of the Authority and shall admit any such person as a party to such proceeding.
(b) Whenever the Administrative Agent finds that an emergency exists requiring immediate action to protect the public health and safety, the Administrative Agent may, without notice or hearing, issue a regulation or order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Such regulation or order may be effective immediately. Any person to whom such regulation or order is directed shall comply therewith immediately, but on application to the Authority shall be afforded a hearing within 30 days. On the basis of such hearing, the emergency regulation or order shall be continued, modified or revoked within 30 days after such hearing.
(c) Any final order entered in any proceeding by the Authority or the Administrative Agent shall be subject to judicial review by the Superior Court of this State.
16 Del. C. 1953, §  7412;  56 Del. Laws, c. 266, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7413. Injunctions.

§ 7413. Injunctions.
Whenever, in the judgment of the Authority, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter or any rule, regulation or order issued thereunder, the Authority may request the Attorney General to make application to the Court of Chancery for an order enjoining such acts or practices or for an order directing compliance and, upon a showing by the Authority that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order or other order may be granted.
16 Del. C. 1953, §  7413;  56 Del. Laws, c. 266, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7414. Prohibited uses.

§ 7414. Prohibited uses.
It is unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any source of ionizing radiation unless licensed by, the Nuclear Regulatory Commission and registered with or specifically exempted by the Authority in accordance with this chapter.
16 Del. C. 1953, §  7414;  56 Del. Laws, c. 266, §  1;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7415. Impounding of materials.

§ 7415. Impounding of materials.
The Authority may, in the event of an emergency, order the impounding of sources of ionizing radiation, with the approval of the Nuclear Regulatory Commission when deemed necessary, in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder.
16 Del. C. 1953, §  7415;  56 Del. Laws, c. 266, §  1;  76 Del. Laws, c. 249, §  1;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7416. Penalties; jurisdiction of Superior Court.

§ 7416. Penalties; jurisdiction of Superior Court.
Whoever violates any of this chapter or rules, regulations or orders of the Authority shall be assessed an administrative penalty in an amount not to exceed $500 for a first offense, an amount not to exceed $750 for any subsequent offense. Each violation shall be considered a separate offense.
16 Del. C. 1953, §  7416;  56 Del. Laws, c. 266, §  1;  76 Del. Laws, c. 249, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7417. Storage of radioactive material.

§ 7417. Storage of radioactive material.
(a) No facility for the permanent deposit, storage, reprocessing or disposal of spent nuclear fuel elements, or for the permanent deposit, storage, reprocessing or disposal of high- or low-level radioactive waste material, shall be constructed or established in this State unless the Authority on Radiation Protection in consultation with the U.S. Nuclear Regulatory Commission first finds that such facility promotes the general good of the State and approves, after a public hearing, a petition for the approval of such facility.
(b) No high-level waste material shall be held in temporary storage for longer than 5 years.
(c) No low-level radioactive waste material shall be held in temporary storage for longer than 10 years.
(d) Whenever the Authority on Radiation Protection finds that the continued presence of a facility for the deposit, storage, reprocessing or disposal of materials in subsection (a) of this section is injurious to the public welfare, the Authority in consultation with the U.S. Nuclear Regulatory Commission shall issue its order shutting the facility and requiring immediate removal of such material as follows.
61 Del. Laws, c. 432, §  1;  67 Del. Laws, c. 192, §  7;  70 Del. Laws, c. 145, §  1;  78 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74. RADIATION CONTROL › § 7418. Radioactive material originating in another state.

§ 7418. Radioactive material originating in another state.
The Authority on Radiation Protection shall not permit the deposit in Delaware, for any period of time, of any radioactive waste material set forth in § 7417(a) of this title originating in any other state.
61 Del. Laws, c. 432, §  1;  67 Del. Laws, c. 192, §  8;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74B. OVERHEAD HIGH-VOLTAGE LINE SAFETY › § 7402B. Definitions.

§ 7402B. Definitions.
(1) “Authorized person” means:
a. A qualified employee of a public utility which produces, transmits or delivers electricity, or a qualified employee of an approved contractor of such public utility;
b. A qualified employee of a public utility which provides communication services to state, county or municipal agencies which have authorized circuit construction on or near the poles or structures of a public utility;
c. A qualified employee of an industrial plant whose work relates to the electrical system of the industrial plant;
d. A qualified employee of a cable television or communication services company or an employee of a contractor of a cable television or communication services company if specifically authorized by the owner of the poles to make cable television or communication services attachments;
e. A qualified employee or agent of state, county or municipal agencies that have or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type.
(2) “Dangerous proximity” means a distance up to and including 10 feet of high-voltage lines, or within such greater distances as may be set forth in the current editions and any subsequent revisions of the regulations of the United States Occupational Safety and Health Administration (29 C.F.R. § 1902.1 et seq.) and the National Electrical Safety Code.
(3) “Field visitation” means direct physical observation of electrical lines, facilities and/or appliances by an authorized representative of the utility operating such line, facility and/or appliance.
(4) “High voltage line” or “high voltage overhead line” means:
a. An electric line that is installed above ground; and
b. Has a voltage in excess of 600 volts measured between conductors or between a conductor and the ground.
(5) “Person” or “persons” means any individual, firm, joint venture, partnership, corporation, association, municipality, other political subdivision, state or federal governmental unit, department or agency, state cooperative, association, joint stock association and shall include any assignee, trustee, receiver or personal representative thereof.
(6) “Public utility” means every individual, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a “cooperative”), their lessees, trustees or receivers appointed by any court whatsoever, that operates within this state, any steam, manufactured gas, natural gas, electric light, heat, power, water, telephone, excluding telephone service provided by cellular technology, or by domestic public land mobile radio service or heating oil) for residential consumption directly to residences by means of a pipeline) service, system, plant or equipment, for public use.
(7) “Qualified employee” means an individual who has been trained in working in dangerous proximity to high voltage lines.
72 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74B. OVERHEAD HIGH-VOLTAGE LINE SAFETY › § 7403B. Presumption.

§ 7403B. Presumption.
Until and unless a field visitation or written determination is obtained from the public utility operating an electric line that is above ground level and such visitation or writing results in a determination that states otherwise, there is a rebuttable presumption that the electric line is:
(1) To be energized at all times after installation or erection; and
(2) To have a voltage of more than 600 volts.
72 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74B. OVERHEAD HIGH-VOLTAGE LINE SAFETY › § 7404B. Activity near overhead lines; safety restrictions.

§ 7404B. Activity near overhead lines; safety restrictions.
Unless the Field Visitation or written approval described in § 7402B(3) of this title has been obtained and/or there is a written determination that the line is not energized pursuant to § 7402B(3) of this title:
(1) A person shall not, individually or through an agent or employee, require or permit any person to perform any function or activity upon any land, building, highway or other premises if at any time during the function or activity such person will be required or permitted to place himself or herself, or will be placed within dangerous proximity of any high voltage overhead line, or such person will use tools or materials which will be placed by said person within dangerous proximity of any such high voltage overhead line.
(2) A person shall not, individually or through an agent or employee, operate any mechanical equipment, hoisting equipment, load equipment or equipment of any description so that any portion of such equipment enters into dangerous proximity of any high voltage overhead line.
72 Del. Laws, c. 193, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74B. OVERHEAD HIGH-VOLTAGE LINE SAFETY › § 7405B. Activity in dangerous proximity to high voltage overhead lines; clearance arrangements, procedures, notice.

§ 7405B. Activity in dangerous proximity to high voltage overhead lines; clearance arrangements, procedures, notice.
If any person intends to carry on any function, activity, work or operation within dangerous proximity of any high voltage overhead line, the person responsible for performing the function, activity, operation or work shall promptly notify the public utility operating the high voltage line. The person may perform such task only after mutually agreeable measures to prevent contact with the applicable high voltage line or lines (“preventive measures”) have been established and the public utility has given written approval to take such measures and perform the task. Thereafter, such work shall be performed only in accordance with the restrictions or conditions described in such written approval. Such preventive measures may include, but may not be limited to:
(1) Coordination of the work and construction schedules between the utility and the person responsible for performing the work;
(2) The placement of temporary mechanical barriers to separate and prevent contact between material, equipment and/or persons and the high voltage line;
(3) Temporary de-energization and grounding the high voltage lines; and/or
(4) Temporary relocation or raising of the high voltage overhead lines.
At the sole discretion of the utility, costs incurred in devising and implementing such preventive measures shall be borne by the person responsible for performing the work in dangerous proximity to the high voltage overhead line.
72 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74B. OVERHEAD HIGH-VOLTAGE LINE SAFETY › § 7406B. Penalties and civil liability.

§ 7406B. Penalties and civil liability.
(1) Any person and/or agent of a person who violates this chapter may be subject to a civil penalty in an amount not to exceed $1,000 for each violation, to be imposed by the court in favor of the State to be deposited in the General Fund.
(2) If a violation of this chapter results in physical or electrical contact with any high voltage overhead line, the person violating or causing this chapter to be violated is liable to the public utility for all damages to the overhead line and related facilities and all costs and expenses, including damages owing to third persons, and cost of defense incurred by the public utility or such third persons as a result of such contact.
72 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 74B. OVERHEAD HIGH-VOLTAGE LINE SAFETY › § 7407B. Exemptions.

§ 7407B. Exemptions.
This chapter does not apply to construction, reconstruction, operation or maintenance of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems by an authorized person or to any other acts performed within the scope of employment of an authorized person and requiring such authorized person to work in contact with or in proximity to such overhead circuits, conductors, structures and systems.
72 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 75. FIRE ESCAPES AND EXITS › § 7501. Buildings requiring fire escapes; exceptions.

§ 7501. Buildings requiring fire escapes; exceptions.
(a) The owner of any building which is more than 2 stories in height and which is used in the third or any higher story in whole or in part as a college, seminary, schoolhouse, hotel, hospital, asylum, almshouse, a factory or workshop, or as a tenement-house, or when rooms are let to families or lodgers or for the accommodation of organized associations of any description shall be required to furnish such building with sufficient permanent fire escapes from the third and all higher stories, which escapes shall be kept and maintained in good order.
(b) The fire escapes may be by means of stairways or ladders outside the building or by stairways in a separate tower or structure furnished with safe and easy communication with such building.
(c) This chapter shall not apply to any building whatever that is already supplied with 2 or more independent stairways leading from the highest story to the ground floor if the stairways shall not be nearer to each other at any point than a distance of 60 feet.
16 Del. Laws, c. 546, §  1;  Code 1915, §  3460;  Code 1935, §  3930;  16 Del. C. 1953, §  7501;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 75. FIRE ESCAPES AND EXITS › § 7502. Inspections and certificates of compliance; fee.

§ 7502. Inspections and certificates of compliance; fee.
(a) The chief fire officer of the fire department in any city, town or borough where there may be such officers or, if there be no such officer therein, then the mayor or chief officer thereof, and in all other places the clerk of the school district wherein any such building is located, shall examine fire escapes as to their suitableness and sufficiency, whether as to quality, location or number.
(b) If upon the examination the fire escapes are found to be sufficient and suitable, the person examining shall give the owner of such building or some one of them, if more than 1, a certificate stating such examination and the person's approval, which certificate shall be good for 2 years, at the expiration of which time another examination shall be had and a like certification given. In New Castle County an inspection may be made by the County Building Inspector.
(c) The certificate of approval shall be evidence of sufficient compliance with the requirements of this chapter and shall protect such owner from any penalty therein prescribed during the time for which it may have been given.
(d) The fee for the examination shall be $1.00.
16 Del. Laws, c. 546, §  2;  Code 1915, §  3461;  Code 1935, §  3931;  46 Del. Laws, c. 304, §  1;  16 Del. C. 1953, §  7502;  57 Del. Laws, c. 424;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 75. FIRE ESCAPES AND EXITS › § 7503. Regulation of doors in public places.

§ 7503. Regulation of doors in public places.
All public schoolhouses, theatres, lecture rooms, churches and public halls where large numbers of persons assemble, if more than 1 story in height, shall be furnished with doors opening outwardly and hung in such manner as to afford the most convenient and ready means of safe and speedy egress. Any building having doors of egress that open outwardly as provided in this section may also have outer doors on the front that do not so open, if the outer doors are habitually kept open during the services or performances.
16 Del. Laws, c. 546, §  3;  Code 1915, §  3462;  Code 1935, §  3932;  16 Del. C. 1953, §  7503;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 75. FIRE ESCAPES AND EXITS › § 7504. Penalties.

§ 7504. Penalties.
Every owner of any such building as is specified in this chapter, whether an individual or a body corporate, who fails to comply with this chapter shall be fined not more than $200.
16 Del. Laws, c. 546, §  4;  Code 1915, §  3463;  Code 1935, §  3933;  16 Del. C. 1953, §  7504;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 76. COUNTY OR MUNICIPAL BUILDING, PLUMBING, ELECTRICAL AND OTHER CODES › § 7601. Promulgation of building, plumbing, electrical and other codes; building permits; fees.

§ 7601. Promulgation of building, plumbing, electrical and other codes; building permits; fees.
The Levy Court of Kent County and the County Councils of New Castle County and Sussex County may adopt and enforce building codes, plumbing codes, electrical codes or other similar codes. The said Levy Court and County Councils may charge reasonable fees for the enforcement of said codes.
16 Del. C. 1953, §  7521;  56 Del. Laws, c. 408;  75 Del. Laws, c. 85, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 76. COUNTY OR MUNICIPAL BUILDING, PLUMBING, ELECTRICAL AND OTHER CODES › § 7604. Refrigerants; state and local code.

§ 7604. Refrigerants; state and local code.
No provision of the Delaware building code or other local code may prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to 42 U.S.C. § 7671k, provided any equipment containing such refrigerant is listed and installed in accordance with safety standards and use conditions imposed for that equipment or refrigerant.
84 Del. Laws, c. 88, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 77. ERECTING, REPAIRING OR PAINTING BUILDINGS › § 7701. Scaffolding regulations.

§ 7701. Scaffolding regulations.
(a) A person employing or directing another to perform labor of any kind in the erection, repairing, altering or painting of a house, building or structure shall not furnish or erect or cause to furnished or erected for the performance of such labor scaffolding, hoists, stays, ladders or other mechanical contrivances which are unsafe, unsuitable or improper and which are not so constructed, placed and operated as to give proper protection to the life and limb of a person so employed or engaged.
(b) Scaffolding or staging swung or suspended from an overhead support or erected with stationary supports more than 20 feet from the ground or floor, except scaffolding wholly within the interior of a building and which covers the entire floor space of any room therein, shall have a safety rail of suitable material, properly bolted, secured and braced, rising at least 34 inches above the floor or main portions of such scaffolding or staging and extending along the entire length of the outside and the ends thereof, with such openings as may be necessary for the delivery of materials, and properly attached thereto, and such scaffolding or staging shall be so fastened as to prevent the same from swaying from the building or structure.
29 Del. Laws, c. 234, §  1;  Code 1935, §  3631;  16 Del. C. 1953, §  7701;