reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 68. EXEMPTIONS FROM CIVIL LIABILITY › Subchapter V. Nonprofit Sports Liability Limitation Act › § 6836. Limitation on liability of nonprofit sports programs.

§ 6836. Limitation on liability of nonprofit sports programs.
(a) Uncompensated qualified staff. — Any person who renders services without compensation as a member of the qualified staff of a nonprofit sports program shall not be liable under the laws of this State for civil damages resulting from any negligent act or omission of such qualified member occurring in the performance of any duty of such qualified member to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.
(b) Sponsors and operators. — Any person who sponsors or operates a nonprofit sports program shall not be liable under the laws of this State for civil damages resulting from any negligent act or omission of any person who renders services without compensation as a member of the qualified staff of a nonprofit sports program and occurring in the performance of any duty of such qualified member to the extent that said damages exceed either liability insurance coverage applicable to the negligent act or omission or minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.
65 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 68. EXEMPTIONS FROM CIVIL LIABILITY › Subchapter VI. Civic Organizations Maintaining Parkland › § 6840. Definitions.

§ 6840. Definitions.
As used in this subchapter:
(1) The term “civic organization” shall be defined as any nonprofit organization, which is the owner of parkland, or which has contracted with the State or a political subdivision thereof for the maintenance of parkland provided that:
a. The organization is not organized for profit or is qualified as an exempt organization under § 501(c) of the Internal Revenue Code of 1954, as amended [26 U.S.C. § 501(c)];
b. No part of the net earnings of the organization inures to the benefit of any private shareholder or individual.
(2) The term “member of a staff” means any person or entity which:
a. Is a member, board member, director or officer of a civic organization; or
b. Is an employee of a civic organization.
(3) The term “negligent act or omission” shall be defined in accordance with applicable state law, except that such meaning shall not include any reckless act or omission or any grossly negligent act or omission.
(4) The term “parkland” shall be defined as real property, including improvements erected thereon and fixtures attached thereto, used primarily for recreational purposes and owned by the State, a political subdivision or a civic organization; provided that:
a. The property is not used by the civic organization or by any other person so as to benefit any officer, trustee, director, shareholder, member, employee, contributor or bondholder of the organization or operator or any other person through the distribution of profits or the payment of excessive compensation;
b. The property is used for recreational purposes and upon liquidation or dissolution of the organization, or abandonment by the organization, none of the assets of the organization or benefits from the property will inure to the benefit of anyone except a community chest, fund, foundation, government, governmental agency, civic association, maintenance corporation or other nonprofit organization;
c. The use of the property is open, without charge, to the public members of the civic organization, or to the residents of the neighborhood, community or subdivision in which the property is located, regardless of sex, race, creed, color or national origin;
d. The property does not have a swimming pool thereon.
(5) The term “sponsor” means any person or entity which provides financial support to a civic organization through contributions, gifts or payment of dues.
66 Del. Laws, c. 169, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 68. EXEMPTIONS FROM CIVIL LIABILITY › Subchapter VI. Civic Organizations Maintaining Parkland › § 6841. Limitation on liability of civic organizations maintaining parkland.

§ 6841. Limitation on liability of civic organizations maintaining parkland.
(a) No civic organization, as defined in § 6840 of this title, shall be liable under the laws of this State for civil damages resulting from any negligent act or omission of such organization, its staff or any person or entity with which such organization may contract, which act or omission occurs in connection with the construction or maintenance of parkland.
(b) No member of the staff of a civic organization shall be liable under the laws of this State for civil damages resulting from any negligent act or omission of such organization, its staff or any person or entity with which such organization may contract, which act or omission occurs in connection with the construction or maintenance of parkland. The immunity provided in this subsection shall apply only to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.
(c) No sponsor of any civic organization shall be liable under the laws of this State for civil damages resulting from any negligent act or omission of such organization, its staff or any person or entity with which such organization may contract, which act or omission occurs in connection with the construction or maintenance of parkland. The immunity provided in this subsection shall apply only to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.
66 Del. Laws, c. 169, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 68. EXEMPTIONS FROM CIVIL LIABILITY › Subchapter VII. Immunity for Distribution of Fire Safety Devices and Equipment › § 6850. Smoke detectors.

§ 6850. Smoke detectors.
(a) No nonprofit organization, municipality, town, county or other political subdivision of this State, or duly organized fire company, including volunteer fire companies, that distributes any type of smoke detection device and/or batteries free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately caused by an alleged defect in the design, manufacturing, maintenance or operation of any smoke detection device and/or battery distributed pursuant to this section. No duly organized fire company, including volunteer fire companies, and no firefighter thereof, that mounts a battery-operated smoke detection device on a wall or ceiling, or that installs batteries in a battery-operated smoke detection device, free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately caused by the installation of the smoke detection device and/or battery pursuant to this section. The immunity provided by this section does not apply if the smoke detection device or battery is sold or offered for sale or with respect to the installation of a smoke detection device if the firefighter does not test the smoke detection device upon installation. Nothing in this section is intended to limit any liability on the part of the manufacturer, distributor or retailer of a smoke detection device or battery.
(b) The immunities granted in subsection (a) of this section apply only to the degree and extent that no insurance coverage exists.
73 Del. Laws, c. 147, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 68. EXEMPTIONS FROM CIVIL LIABILITY › Subchapter VII. Immunity for Distribution of Fire Safety Devices and Equipment › § 6851. Donations to volunteer fire department.

§ 6851. Donations to volunteer fire department.
(a) Liability protection. — A person who donates qualified fire control or rescue equipment to a volunteer fire department shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the equipment after the donation.
(b) Exceptions. — Subsection (a) of this section does not apply to a person if:
(1) The person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;
(2) The person is the manufacturer of the qualified fire control or rescue equipment; or
(3) The person modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer's specifications.
(c) Definitions. — (1) “Authorized technician” means a technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by a state or local agency administering the distribution of the fire control or fire rescue equipment.
(2) “Fire control or rescue equipment” shall be understood to include any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.
(3) “Person” shall be understood to include any governmental or other entity.
(4) “Qualified fire control or rescue equipment” shall mean fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer's specifications.
(5) “Volunteer fire department” shall mean those volunteer fire departments which are subject to certification and regulation by the State Fire Prevention Commission.
(d) Effective date. — This section applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a) of this section, is donated on or after May 27, 2010.
77 Del. Laws, c. 248, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 69. FIREWORKS › § 6902. Discharging rifle or other explosives; exceptions.

§ 6902. Discharging rifle or other explosives; exceptions.
No person shall fire or discharge in or on or into any street, highway, alley or public place in the State any rifle, gun, pistol, revolver, cane, cannon or other appliance, whether projecting or exploding any bullet, cartridge, blank cartridge, cap (except a cap excluded from the provisions hereof under the definition set forth in § 6901 of this title) or otherwise or any explosive substance or mixture of chlorates or nitrates. This section shall not apply to peace officers in the regular discharge of their duties as such. Nothing in this section shall be construed to prohibit any person from using explosives in quarrying or for blasting or other industrial use.
42 Del. Laws, c. 180, §  2;  16 Del. C. 1953, §  6902;  52 Del. Laws, c. 275, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 69. FIREWORKS › § 6903. Permit for public display of fireworks; actions by injured persons.

§ 6903. Permit for public display of fireworks; actions by injured persons.
(a) Any association or company desiring to hold a public display of fireworks may apply to the Office of the State Fire Marshal for a permit to hold such display if application is made 30 days prior to the date of holding the display.
(b) The application for a permit shall set forth the date, hour and place of holding such display and place of storing fireworks prior to display, also the name of the person holding the display and name of person in charge of igniting the fireworks.
(c) The application shall be accompanied by a certificate of insurance issued by a bona fide insurance company licensed by the State Insurance Commissioner showing a minimum of $1,000,000 liability insurance per event for those persons who suffer injuries as a result of any discharge of the fireworks by the applicant or anyone acting for or on the applicant's behalf.
(d) If the State Fire Marshal is satisfied that the holding of the display is supervised by a competent and experienced person and that the display will not be a detriment to the community or area in which the display is held, the Marshal may grant a permit for the display. The place of storage of fireworks prior to the display shall be subject to the approval of the State Fire Marshal.
42 Del. Laws, c. 180, §  3;  16 Del. C. 1953, §  6903;  58 Del. Laws, c. 227, §§  1-3;  61 Del. Laws, c. 301, §§  1-3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 447, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 69. FIREWORKS › § 6904. Confiscation of illegally stored fireworks or explosives.

§ 6904. Confiscation of illegally stored fireworks or explosives.
The State Fire Marshal shall confiscate all fireworks or explosives illegally stored within the State.
42 Del. Laws, c. 180, §  4;  16 Del. C. 1953, §  6904;  58 Del. Laws, c. 227, §  4;  61 Del. Laws, c. 301, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 69. FIREWORKS › § 6905. Penalties; jurisdiction.

§ 6905. Penalties; jurisdiction.
(a) Whoever violates this chapter shall be fined not less than $25 nor more than $100.
(b) Justices of the peace shall have jurisdiction of any violation of this chapter.
42 Del. Laws, c. 180, §  5;  16 Del. C. 1953, §  6905;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 69. FIREWORKS › § 6906. Agricultural use.

§ 6906. Agricultural use.
Nothing in this chapter shall prohibit the importation, sale, purchase or use of fireworks used or to be used solely and exclusively for the purpose of frightening birds from crops and such importation, sale, purchase or use shall be governed by rules and regulations to be prescribed by the Board of Agriculture.
16 Del. C. 1953, §  6906;  51 Del. Laws, c. 334, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 70. STORAGE OF EXPLOSIVES › § 7001. Signs on premises containing stored explosives.

§ 7001. Signs on premises containing stored explosives.
(a) Upon the premises on which explosives are stored there shall be posted signs with the words “EXPLOSIVES — KEEP OFF” legibly printed thereon in letters not less than 3 inches high. Signs shall be placed so that a bullet passing through them will not strike any nearby magazine.
(b) When explosives are being processed or are used in connection with any manufacturing process or if explosives are stored at such manufacturing establishment, a sign no smaller than 4 square feet bearing the words “DANGER — EXPLOSIVES” shall be kept posted at the main plant entrance and, in addition to this, the remainder of the premises shall be posted with signs as set forth in subsection (a) of this section.
16 Del. C. 1953, §  7001;  52 Del. Laws, c. 334.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 70. STORAGE OF EXPLOSIVES › § 7003. Storage within residential district prohibited.

§ 7003. Storage within residential district prohibited.
It shall be unlawful for any person to store explosive materials within a residential district as zoned by the local zoning authority. “Explosive materials” shall have the same definition as set forth in Chapter 71 of this title. This section shall not apply to the storage of explosive materials that fall within the scope of § 7101 of this title.
64 Del. Laws, c. 118, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 70. STORAGE OF EXPLOSIVES › § 7004. Penalties.

§ 7004. Penalties.
Whoever fails to comply with or violates any of the provisions of this chapter shall be fined not less than $25 nor more than $1,000 or imprisoned not more than 1 year, or both.
16 Del. C. 1953, §  7003;  52 Del. Laws, c. 334;  64 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7101. Scope.

§ 7101. Scope.
This chapter is intended to supplement the requirements of any federal laws and regulations promulgated by any federal department or agency. This chapter shall apply to the sale, purchase, possession, receipt, transportation and use of explosive materials as provided herein, but shall not apply to:
(1) Explosive materials while in the course of transportation via railroad, water, highway or air when the explosive materials are moving under the jurisdiction of and in conformity with regulations adopted by any federal department or agency;
(2) The laboratories of schools, colleges and similar institutions when confined to the purpose of instruction or research, or to explosive materials in the forms prescribed by the official United States Pharmacopoeia or the National Formulary and used in medicines and medicinal agents;
(3) The normal and emergency operations of any government, including all departments, agencies and divisions thereof, provided they are acting in their official capacity and in the proper performance of their duties or functions;
(4) Explosive materials for delivery to any government or any departments, agencies and divisions thereof;
(5) Pyrotechnics commonly known as fireworks, including signaling devices such as flares, fuses and torpedoes;
(6) Small arms ammunition and components therefor, which are subject to the Gun Control Act of 1968 [18 U.S.C. § 921 et seq.] and regulations promulgated thereunder;
(7) Gasoline, fertilizers and propellant-actuated power devices or tools;
(8) Any type of black powder in quantities of less than 5 pounds.
16 Del. C. 1953, §  7101;  58 Del. Laws, c. 498, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7102. Definitions.

§ 7102. Definitions.
As used in this chapter:
(1) “Crime punishable by imprisonment for a term exceeding 1 year” shall not mean (i) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulation of business practices or (ii) any state offense (other than one involving a firearm or explosive material) classified by the laws of any state as a misdemeanor and punishable by a term of imprisonment of 2 years or less.
(2) “Distribute” shall mean to issue, give, transfer or otherwise dispose of.
(3) “Explosive-actuated devices” shall mean any tool or special mechanized device which is actuated by explosives, other than smokeless propellants.
(4) “Explosive materials” means explosives, blasting agents and detonators as follows:
a. “Blasting agent” means any material or mixture consisting of fuel and oxidizer intended for blasting not otherwise defined as an explosive; provided, that the finished product, as mixed for use or shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined.
b. “Detonator” means any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors.
c. “Explosives” means any chemical compound mixture or device the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters and those materials included in the list published annually in the Federal Register by the Secretary of the Treasury pursuant to the Organized Crime Control Act of 1970 [18 U.S.C. § 841 et seq.].
(5) “Fugitive from justice” shall mean any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. The term shall also include any person who has been convicted of any crime and has fled to avoid imprisonment.
(6) “Issuing authorities” shall mean the State Fire Marshal and such local fire marshals as and to the extent the State Fire Marshal shall so designate.
(7) “Person” means any individual, corporation, company, association, firm, partnership, society or joint stock company.
(8) “Propellant-actuated power devices or tools” shall mean any tool or special mechanized device or gas generator system which is actuated by smokeless propellant or which releases and directs work through a smokeless propellant charge. It does not include explosive-actuated devices.
16 Del. C. 1953, §  7102;  58 Del. Laws, c. 498, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7103. General provisions.

§ 7103. General provisions.
(a) Loading explosive materials into railroad cars near passenger tracks; penalty. — (1) No person shall load explosive materials into cars on any railroad in this State within 100 yards of the bed of the regular track used in carrying passengers.
(2) Whoever engages or participates in any way in loading or putting explosive materials into cars standing within 100 yards of the regular bed of any railroad engaged in carrying passengers in this State shall be fined $1,000 or imprisoned for 6 months, or both.
(b) Delivering explosive materials to warehouseperson or carrier without disclosure and marking; penalty. — Whoever, within the limits of this State, delivers or causes to be delivered to any warehouseperson for storage, or delivers or causes to be delivered to any carrier, whether by land or water, for transportation, any keg, can or other package known by such person to contain explosive materials without first disclosing to the warehouseperson or carrier, the warehouseperson's or carrier's proper agents or servants, the character of the contents of such keg, can or package and without also having plainly marked or stamped on every such keg, can or package the true nature of the contents thereof, shall, for each offense, be fined not more than $1,000 or imprisoned not more than 6 months, or both.
(c) False representations or false marking of package containing explosive materials; penalty. — Whoever, within the limits of this State, delivers or causes to be delivered to any warehouseperson for storage, or delivers or causes to be delivered to any carrier, whether by land or water, for transportation, any keg, can or other package known by such person to contain explosive materials which keg, can or package is falsely marked as to its contents, or whoever, at the time of such delivery, makes a false and fraudulent statement as to the character of the contents of any such keg, can or package to any such warehouseperson or carrier, the warehouseperson's or carrier's proper agents or servants, whereby such warehouseperson or carrier, the warehouseperson's or carrier's proper agents or servants, are deceived and misled as to the explosive and dangerous qualities of the contents of such keg, can or package, shall, for each offense, be fined not more than $2,000 or imprisoned not more than 1 year, or both.
16 Del. C. 1953, §  7103;  58 Del. Laws, c. 498, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7104. Purchase, receipt and possession.

§ 7104. Purchase, receipt and possession.
(a) License. — It shall be unlawful for any person to purchase, receive or possess explosive materials in the State without obtaining a license from the issuing authorities.
(b) Federal license or permit. — Any person who possesses a license or permit under Title XI of the Organized Crime Control Act [18 U.S.C. § 841 et seq.] properly covering the activities of such person shall not be required to obtain a license under this section.
16 Del. C. 1953, §  7104;  58 Del. Laws, c. 498, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7105. Sale.

§ 7105. Sale.
No person shall sell or distribute explosive materials to any person without first obtaining a copy of the license which authorizes the distributee to purchase, receive or possess explosive materials as provided in this chapter; provided that such person shall not be required to again obtain a copy of said license during the effective term shown on said license.
16 Del. C. 1953, §  7105;  58 Del. Laws, c. 498, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7106. Licensed blasters.

§ 7106. Licensed blasters.
(a) License. — It shall be unlawful for any person to use explosive materials unless such person, or if such person is a business entity, an employee of such person using such explosive materials, possesses a blaster's license issued by the issuing authorities having jurisdiction over the locality in which such materials are used. The blaster's license must conform to the class and use as provided in subsection (e) of this section and be carried on the person of each such individual during the use of the explosive materials.
(b) Use. — Use of explosive materials shall include all applications of explosives for any purpose whatsoever, unless specifically exempted by subsection (c) of this section.
(c) Use does not include. — For purposes of this section, use does not include any type of commercial manufacturing or research conducted in laboratories of commercial or educational institutions.
(d) Qualifications. — Blaster's licenses will be issued only to a natural person and shall bear the person's name, address and photograph. In addition to the qualifications specified in § 7107 hereof, such person must satisfy each of the following qualifications:
(1) Present evidence of training, knowledge and experience in the transporting, storing, handling and use of explosive materials.
(2) Be able to understand and give written and oral orders.
(3) Be knowledgeable of federal, state and local laws and regulations pertaining to explosive materials.
(4) Be able to pass a qualifying written or oral examination as required by the issuing authorities.
(5) Be physically and mentally fit for the work required.
(6) Such other requirements as the issuing authorities are hereby authorized to prescribed by regulations.
(e) Classes of license. — Blaster's license shall be issued by the issuing authorities and shall include the following classes of licenses:
Class
Category
Description
A
Unlimited
All types of blasting.
B
General Above Ground
All phases of blasting operations in
quarries, open pit mines, above
ground construction.
C
General Underground
All phases of blasting operations, in
underground mines, shafts, tunnels
and drifts.
D
Demolition
All phases of blasting in demolition
projects.
E
Seismic Prospecting
All phases of blasting in seismic
prospecting.
F
Agriculture
All phases of blasting in agriculture but
limited to not more than 50 lbs. per
blast.
G
Special
Special blasting as described on the
permit.
16 Del. C. 1953, §  7106;  58 Del. Laws, c. 498, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7108. Authority to purchase in contiguous states.

§ 7108. Authority to purchase in contiguous states.
Any person who is a resident of the State and who uses explosive materials in the conduct of business or occupation may lawfully purchase explosive materials from a seller located or residing in a state contiguous to the State, provided such person is properly licensed under this chapter.
16 Del. C. 1953, §  7108;  58 Del. Laws, c. 498, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7109. Records.

§ 7109. Records.
(a) Records required. — It shall be unlawful for any person wilfully to purchase, possess, receive, sell or distribute explosive materials in the State without keeping records as specified in this section.
(b) Contents of records. — Records of purchases, possession and receipts of explosive materials shall be maintained by the persons purchasing, possessing and receiving the explosive materials and shall include the date of the transaction, the name, address and license or permit number of the person from whom received, the name of the manufacturer and importer (if any), the manufacturer's marks of identification (if any), and the quantity and description of explosive materials. With respect to explosive materials sold or distributed, the seller or distributor shall record the name, address and license or permit number of the distributee, the date of transaction, the name of the manufacturer and importer (if any), the manufacturer's marks of identification (if any), and the quantity and description of the explosive materials.
(c) False entry. — It shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which the licensee or permittee is required to keep pursuant to this section or regulations promulgated under § 7107(f) of this title.
(d) Record retention. — Any record required by this chapter or regulations promulgated under its provisions shall be retained by the licensee or permittee for not less than 5 years from the date of the transaction recorded.
16 Del. C. 1953, §  7109;  58 Del. Laws, c. 498, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7110. Safety.

§ 7110. Safety.
The issuing authorities are authorized to issue such safety regulations as are deemed by the issuing authorities to be necessary in their respective jurisdictions.
16 Del. C. 1953, §  7110;  58 Del. Laws, c. 498, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7111. Notice to affected persons.

§ 7111. Notice to affected persons.
Any person engaged in blasting shall make reasonable efforts to notify persons residing in areas that may be affected by blasting, and businesses, schools, churches and other public and private enterprises located in areas that may be affected by blasting of the intent to engage in blasting and the schedule for blasting, including the dates and times during which the person will engage in blasting. For purposes of this section, “any person” shall not include law enforcement officers acting within the scope of their duties.
75 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7112. Transportation.

§ 7112. Transportation.
It shall be unlawful for any person to transport explosive materials in violation of the regulations relating to the transportation of explosive materials. Issuing authorities are authorized to issue regulations covering the transportation of explosive materials in their areas of jurisdiction. Compliance with applicable regulations of the United States Department of Transportation issued pursuant to 18 U.S.C. §§ 831 through 835 [18 U.S.C. §§ 832-835 repealed], and such other federal regulations as exist or are adopted from time to time, shall be deemed compliance with this chapter and the regulations issued hereunder.
16 Del. C. 1953, §  7111;  58 Del. Laws, c. 498, §  1;  75 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7113. Penalties.

§ 7113. Penalties.
Any person violating this chapter, other than § 7103 of this title, or any rules or regulations made thereunder:
(1) Shall for each offense be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year, or by both such fine and imprisonment, and any license issued under this chapter shall be subject to revocation for such period as the applicable issuing authorities deem appropriate;
(2) And, if such violation was committed with the knowledge or intent that any explosive material involved was to be used to kill, injure or intimidate any person or unlawfully to damage any real or personal property, the person committing such violation shall be guilty of a felony and for each offense be fined not more than $10,000 or imprisoned for not more than 10 years, or both;
(3) And if personal injury results, shall be guilty of a felony and imprisoned for not more than 20 years or fined not more than $20,000 or both;
(4) And if death results, shall be guilty of a felony and subject to imprisonment for any term of years or for life.
The Superior Court shall have exclusive jurisdiction of violations of this chapter.
16 Del. C. 1953, §  7112;  58 Del. Laws, c. 498, §  1;  75 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71. Sale, Purchase, Receipt, Posses-sion, Transportation, Use, Safety and Control of Explosive Materials › § 7114. Limitation on legislation.

§ 7114. Limitation on legislation.
This chapter is intended to and shall preempt and supersede all existing and future county, town, city or municipal ordinances or regulations respecting the subjects covered by this chapter.
16 Del. C. 1953, §  7113;  58 Del. Laws, c. 498, §  1;  75 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71A. REDUCED IGNITION PROPENSITY CIGARETTES › § 7116. Definitions.

§ 7116. Definitions.
As used in this chapter:
(1) “Agent” shall mean any person authorized by the State to purchase and affix tax stamps on packages of cigarettes.
(2) “Cigarette” means:
a. Any roll for smoking whether made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material other than leaf tobacco; or
b. Any roll for smoking wrapped in any substance containing tobacco which, because of its appearance the type of tobacco used in the filler or its packaging and labeling, is likely to be offered, or purchased by, consumers as a cigarette as described in paragraph (2)a. of this section above.
(3) “Manufacturer” shall mean:
a. Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this State, including cigarettes intended to be sold in the United States through an importer; or
b. The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
c. Any entity that becomes a successor of an entity described in paragraph (3)a. or (3)b. of this section.
(4) “Quality control and quality assurance program” shall mean the laboratory procedures implemented to ensure that operator bias systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing. This program ensures that the testing repeatability remains within the required repeatability values stated in § 7117(a)(6) of this title for all test trials used to certify cigarettes in accordance with this chapter.
(5) “Repeatability” shall mean the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
(6) “Retail dealer” shall mean any person other than a manufacturer or wholesale dealer engaged in selling cigarettes or tobacco products.
(7) “Sale” means in addition to its usual meaning, any sale, transfer, exchange, theft, barter, gift or offer for sale and distribution, in any manner or by any means whatsoever.
(8) “Sell” shall mean to sell or to offer or agree to do the same.
(9) “State Fire Marshal” shall mean the Delaware State Fire Marshal or the State Fire Marshal's deputies.
(10) “Wholesale dealer” shall mean any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains 1 or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person.
76 Del. Laws, c. 100, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71A. REDUCED IGNITION PROPENSITY CIGARETTES › § 7118. Certification of compliance by manufacturers.

§ 7118. Certification of compliance by manufacturers.
(a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting that:
(1) Each cigarette listed in the certification has been tested in accordance with § 7117 of this title;
(2) Each cigarette listed in the certification meets the performance standard set forth under § 7117(a)(3) of this title;
(3) Each cigarette listed in the certification shall be described with the following information:
a. Brand (i.e., the trade name on the package);
b. Style (i.e., light, ultra light);
c. Length in millimeters;
d. Circumference in millimeters;
e. Flavor (e.g., menthol, chocolate), if applicable;
f. Filter or nonfilter;
g. Package description (e.g., soft pack, box);
h. Marking approved in accordance with § 7119 of this title.
i. The name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and
j. The date that the testing occurred.
(b) Such certifications shall be made available to the Attorney General and the Division of Revenue for the purposes of ensuring compliance with this section. Each cigarette certified under this section shall be recertified every 3 years.
(c) For each cigarette listed in a certification a manufacturer shall pay to the State Fire Marshal a $250 fee. The State Fire Marshal shall have the power to adjust this fee to an amount sufficient only to provide for processing, testing, enforcement and oversight activities related to this chapter.
(d) There is hereby established in the custody of the State Comptroller a special nonlapsing fund to be known as the “Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund.” Such fund shall consist of all certification fees submitted by manufacturers, and shall, in addition to any other moneys made available for such purpose, be available to the State Fire Marshal's Office and shall be used solely to support State processing testing, enforcement and oversight activities related to this chapter. All payments from the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund shall be made on the audit and warrant of the State Treasurer on vouchers certified and submitted by the State Fire Marshal.
(e) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette shall not be sold or offered for sale in this State until the manufacturer retests the cigarette in accordance with the testing standards set forth in § 7117 of this title and maintains records of that retesting as required by § 7117 of this title. Any altered cigarette which does not meet the performance standard set forth in § 7117 of this title may not be sold in this State.
76 Del. Laws, c. 100, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71A. REDUCED IGNITION PROPENSITY CIGARETTES › § 7121. Fire Prevention and Public Safety Fund.

§ 7121. Fire Prevention and Public Safety Fund.
(a) The State Fire Marshal shall assess all civil penalties as outlined in this chapter.
(b) All civil penalties will be paid within 30 days of assessment.
(c) The moneys derived from the civil penalties will be split equally between the State Fire Marshal for enforcement of this section, and the Fire Detection Fund pursuant to § 6637 of this title.
76 Del. Laws, c. 100, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71A. REDUCED IGNITION PROPENSITY CIGARETTES › § 7122. Exemptions.

§ 7122. Exemptions.
This chapter shall not be construed to affect the making or manufacturing of cigarillos. A cigarillo shall mean a small cigar or cigarette wrapped in tobacco instead of paper.
76 Del. Laws, c. 100, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71A. REDUCED IGNITION PROPENSITY CIGARETTES › § 7123. Sale outside of Delaware.

§ 7123. Sale outside of Delaware.
Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of § 7117 of this title if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States, and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this State.
76 Del. Laws, c. 100, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71A. REDUCED IGNITION PROPENSITY CIGARETTES › § 7124. Effective date.

§ 7124. Effective date.
This chapter shall take effect on January 1, 2009, and the requirement that only cigarettes certified as compliant with the performance standard herein may be sold shall not prohibit wholesale dealers or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2009, if the wholesale dealer or retailer can establish that state tax stamps were affixed to the cigarettes prior to January 1, 2009, and if such wholesale dealer or retailer can establish that such inventory was purchased prior to January 1, 2009, in comparable quantity to the inventory purchased during the same period of the prior year. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of § 7117 of this title if such cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this State.
76 Del. Laws, c. 100, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 71A. REDUCED IGNITION PROPENSITY CIGARETTES › § 7125. Effect of federal regulation.

§ 7125. Effect of federal regulation.
(a) This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.
(b) Notwithstanding any other provision of law, the local government units of this State may neither enact nor enforce any ordinance or other local law or regulations conflicting or preempted by, any provision of this chapter or with any policy of this State expressed by this chapter, whether that policy be expressed by inclusion in this chapter or with any policy of this State expressed by this chapter or by exclusion of that subject from this chapter.
76 Del. Laws, c. 100, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 72. LIQUEFIED PETROLEUM GAS CONTAINERS › § 7201. Definitions.

§ 7201. Definitions.
(a) The term “liquefied petroleum gas” as used in this chapter means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same:
Propane, propylene, butanes (normal butane and isobutane) and butylenes.
(b) The term “owner” as used in this chapter means any person who holds a written bill of sale under which title or ownership to a container was transferred to such person or any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale.
(c) The term “person” as used in this chapter means any person, firm or corporation.
16 Del. C. 1953, §  7201;  58 Del. Laws, c. 95.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 72. LIQUEFIED PETROLEUM GAS CONTAINERS › § 7202. Unlawful use, filling or refilling of containers.

§ 7202. Unlawful use, filling or refilling of containers.
(a) No person except the owner thereof or person authorized in writing by the owner shall fill or refill with liquefied petroleum gas, or any other gas or compound, a liquefied petroleum gas container, or buy, sell, offer for sale, give, take, loan, deliver or permit to be delivered or otherwise use, dispose of or traffic in a liquefied petroleum gas container or containers if the container bears upon the surface thereof in plainly legible characters the name, initials, mark or other device of the owner, nor shall any person other than the owner of a liquefied petroleum gas container or a person authorized in writing by the owner deface, erase, obliterate, cover up or otherwise remove or conceal any name, mark, initial or device thereon.
(b) It shall be unlawful for any person to fill a liquefied petroleum gas container in excess of the amount permitted in the National Fire Protection Association Standard 58, The Liquefied Petroleum Gas Code; or to fill a liquefied petroleum gas container on the property of any person that is not equipped with a fill tube or gauge; provided that a liquefied petroleum gas container may be filled by weight if the liquefied petroleum gas container is weighed before and after filling.
16 Del. C. 1953, §  7202;  58 Del. Laws, c. 95;  76 Del. Laws, c. 357, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 72. LIQUEFIED PETROLEUM GAS CONTAINERS › § 7203. Presumptive evidence of unlawful use.

§ 7203. Presumptive evidence of unlawful use.
The use of a liquefied petroleum gas container or containers by any person other than the person whose name, mark, initial or device is on the liquefied petroleum gas container or containers without written consent, or purchase of the marked and distinguished liquefied petroleum gas container for the sale of liquefied petroleum gas or filling or refilling with liquefied petroleum gas, or possession of the liquefied petroleum gas containers by any person other than the person having the person's name, mark, initial or other device thereon, without the written consent of such owner, shall be presumptive evidence of the unlawful use, filling or refilling or trafficking in of such liquefied petroleum gas containers.
16 Del. C. 1953, §  7203;  58 Del. Laws, c. 95;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 72. LIQUEFIED PETROLEUM GAS CONTAINERS › § 7205. Penalty and jurisdiction.

§ 7205. Penalty and jurisdiction.
(a) Any person who violates § 7202 of this chapter shall be imprisoned not more than 90 days or fined not more than $300, or both, for each separate offense.
(b) Justices of the peace shall have original jurisdiction over this offense.
16 Del. C. 1953, §  7205;  58 Del. Laws, c. 95.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 72. LIQUEFIED PETROLEUM GAS CONTAINERS › § 7206. Disposition of fines and costs.

§ 7206. Disposition of fines and costs.
The costs incurred in the enforcement of this chapter shall be assessed and collected in the same manner as in other criminal cases, and all fines collected by virtue of this chapter shall be turned over in the same manner and for the same purposes as criminal and misdemeanor fines are disposed of by law.
16 Del. C. 1953, §  7206;  58 Del. Laws, c. 95.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 72. LIQUEFIED PETROLEUM GAS CONTAINERS › § 7207. Nonapplicability to small containers.

§ 7207. Nonapplicability to small containers.
Nothing in this chapter shall apply to or shall be construed to affect a liquefied petroleum gas container having a total capacity of 30 pounds or less.
16 Del. C. 1953, §  7207;  58 Del. Laws, c. 95.;