Current through Register Vol. 28, No. 3, September 1, 2024
3.1
Application.
3.1.1 These Regulations shall
apply to all buildings, structures, marine vessels, premises, and conditions
which are erected or modified.
3.1.2 These Regulations may also apply to
existing installations, plants, or equipment, if determined by the Delaware
State Fire Prevention Commission to constitute a hazard so inimicable to the
public welfare and safety as to require correction in accordance with 16 Del.C.
§
6604
(1).
3.1.3 The provisions of these Regulations do
not apply to one- and two-family dwellings in the normal use or maintenance
thereof, except to the extent that specific sections require application of
these Regulations to one- and two-family dwellings.
Exception No. 1*: Where pursuant to the authority
vested in the State Fire Marshal with respect to the investigation as to the
origin or circumstances of any fire or explosion, the State Fire Marshal may
utilize the provisions of these Regulations to obtain correction of a violation
of these Regulations, or a deficiency identified in the origin or circumstances
determination of any fire or explosion.
Exception No. 2*: Where pursuant to the authority
vested in the State Fire Marshal with respect to the prevention of fires; the
storage, sale, and use of any explosive, combustible or other dangerous article
in solid, liquid or gas form; the installation and maintenance of equipment of
all sorts intended for fire control, detection and extinguishment; the means
and adequacy of exits, in case of fire from all buildings; the enforcement of
the Regulations promulgated by the State Fire Prevention Commission, the State
Fire Marshal may utilize the provisions of these Regulations to obtain
correction of a violation of these Regulations, that if not corrected would
have a negative impact on life safety or property conservation.
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Note: Exceptions No. 1 and 2: The main
body of the sub-section precludes the application of the Regulations to one-
and two-family dwellings in the normal maintenance and use thereof. There are
occasions in the investigation of fires and explosions, and in the enforcement
of life safety or property conservation, that conditions are found that are
violations of the Regulations and have led to a fire incident. The exceptions
provide a mechanism for the State Fire Marshal to obtain corrective action for
such violations of the Regulations that have been identified in the
investigative process as being a cause or circumstance in the origin of a fire
incident; or that if the violation identified were left uncorrected, a negative
impact on life safety or property may come about. |
3.1.4 Qualified Historic Buildings. The
provisions of these Regulations relating to the construction, repair,
alteration, enlargement, restoration and moving of buildings or structures
shall meet the provisions of these Regulations and National Fire Protection
Association codes and standards as adopted or modified by these Regulations for
building rehabilitation of existing buildings.
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Note: It is the intent of this subsection
that buildings such as Buena Vista, Belmont Hall, and Woodburn need not have
requirements imposed on their conversion or modification, so as to destroy
their nature or character. |
3.1.5 Nothing in these Regulations is
intended to prevent the use of systems, methods or devices of equivalent or
superior quality, strength, fire resistance, effectiveness, durability, and
safety to those prescribed by these Regulations, provided technical
documentation is submitted to the authority having jurisdiction to demonstrate
equivalency and the system, method, or device is approved for the intended
purpose.
3.2 Existing Law
Continued.
3.2.1 The provisions of these
Regulations, as far as they are substantially the same as existing provisions
of law relating to the same subject matter, shall be construed as restatements
and continuations thereof and not as new enactments.
3.2.2 The adoption of these Regulations shall
not be construed to alter any time limit imposed by any prior existing law,
regulation, or order of the State Fire Prevention Commission or State Fire
Marshal except to the extent that it imposes an obligation directly contrary to
or irreconcilably inconsistent with the obligations imposed by these
Regulations.
3.3
Severability.
If any provision of these Regulations is for any reason
held to be invalid or unconstitutional by a court of competent jurisdiction,
such holding shall not affect the validity of the remaining provisions of these
Regulations.
3.4 Other Laws.
These Regulations are intended to be used in conjunction
with existing laws and nothing in these Regulations shall be construed as
rendering other applicable laws invalid.
3.5 Codes And Standards Adopted.
3.5.1 Technical details regarding processes,
methods, specifications, equipment testing and maintenance, design standards,
performance, installation, or other pertinent criteria as contained in those
standards and codes published by the National Fire Protection Association shall
be considered a part of these Regulations.
3.5.2 Applicable provisions of standards,
laws, manuals, guides and recommended practices may be used by the State Fire
Marshal as appropriate criteria for meeting the intent of these Regulations
when specific provisions do not exist within these Regulations or other
nationally recognized codes, standards, or laws.
3.5.3 Copies of the adopted codes and
standards shall be kept on file at each of the offices of the State Fire
Marshal and shall be available for public reference.
3.5.4 Updated Standards. Nothing in these
Regulations shall restrict or prohibit the State Fire Marshal from accepting,
when voluntarily submitted as "state of the art" technology, standards and
specifications from an updated standard or practice published by the National
Fire Protection Association if that particular standard or practice has been
promulgated by the State Fire Prevention Commission, as an earlier edition and
is part of the current Fire Prevention Regulations, in effect; and that the
updated standard or practice will most probably become a part of the next
revision of these Regulations.
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Note: It is the intent of this subsection
that the State Fire Marshal may utilize the standards, specifications, and
Tentative Interim Amendments from the National Fire Protection Association
subsequent to a promulgation of the Fire Prevention Regulations. |
3.5.5 Tentative Interim Amendments. Nothing
in these Regulations shall restrict or prohibit the State Fire Marshal from
utilizing a Tentative Interim Amendment, when voluntarily submitted as "state
of the art" technology, published by the National Fire Protection Association
in the application of these Regulations.
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Note: It is the intent of this subsection
that the State Fire Marshal may utilize the standards, specifications, and
Tentative Interim Amendments from the National Fire Protection Association
subsequent to a promulgation of the Fire Prevention Regulations. |
3.5.6 Conflicting Provisions. When any
provision of these Regulations is found to be in conflict with any other
provisions of these Regulations, the provision which establishes the higher
standard for the promotion and protection of the safety and welfare of the
public shall prevail.
3.5.7
Conflict With Codes and Standards Listed and any regulations promulgated by the
State Fire Prevention Commission. When there is a conflict with the Codes and
Standards of the National Fire Protection Association, and any regulation
promulgated specifically by the State Fire Prevention Commission, and such
conflict has not been identified in these Regulations as an addition, deletion,
or change to those Codes and Standards, then the regulation, as promulgated by
the State Fire Prevention Commission, shall be the applicable standard.
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Note: Notwithstanding the adopted codes
and standards, when the Fire Prevention Commission promulgates a regulation, it
is the intent that the regulation be applied to the full extent of the scope
and application of the regulation. For example, the Fire Prevention Commission
has promulgated a regulation that requires all buildings in excess of 10,000
sq. ft. to be protected throughout by an approved automatic sprinkler system
(unless one of the exceptions, as specified in the regulation, can be met). It
is not the intent of the Fire Prevention Commission to identify and modify each
and every conflict in the adopted codes and standards. |
