Delaware Administrative Code
Title 1 - Authorities, Boards and Commissions
700 - Delaware State Fire Prevention Commission
701 - Administration and Enforcement
Chapter 1 - Adoption and Administration of Regulations
Section 701-1-5.0 - Authority
Universal Citation: 1 DE Admin Code 701-1-5.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
5.1 Administration and Enforcement.
5.1.1 These Regulations shall
be administered and enforced by the State Fire Marshal throughout the State of
Delaware pursuant to 16 Del.C. Ch. 66.
5.1.2 Notwithstanding any other provisions of
these Regulations, the State Fire Marshal in the enforcement of these
Regulations may:
5.1.2.1 Establish a priority
for inspections of selected occupancies on a schedule commensurate, in his
opinion, with the resources available to conduct such inspections.
5.1.2.2 Establish a response program to any
and all complaints, inquiries, etc. regarding the remaining occupancies,
operations, etc. not covered in subsection 5.1.2.1 of Chapter 1 of this
regulation. This response program shall be commensurate, in his opinion, with
the resources available to handle such complaints, inquiries, etc.
Note: It is the intent of subsection 5.1.2 to provide the State Fire Marshal with a methodology for enforcement of these Regulations to separate proactive inspections of a priority nature from responses to complaints or inquires made, with the resources available to carry out the enforcement aspects of these Regulations |
5.2 Alternatives.
5.2.1 The State Fire Marshal may accept
alternatives to specific systems, conditions, arrangements, materials, or
equipment required by these Regulations. Such alternatives shall afford an
equivalent level of fire safety, in the opinion of the State Fire Marshal. An
alternative provided for by this Section does not constitute a variance,
waiver, or special exception to these Regulations. (See Section
7.0).
5.2.2 Application for Alternatives. Each
request for an alternative shall be filed with the State Fire Marshal and shall
be accompanied by such evidence, letters, statements, results of tests, or
other supporting information as may be required to justify the request. The
State Fire Marshal shall keep a record of his actions on such applications and
a signed copy of his decision shall be provided to the State Fire Prevention
Commission and the applicant.
5.3 Right of Entry.
5.3.1 To the full extent permitted by law,
the State Fire Marshal is authorized at all reasonable times to enter and
examine any building, marine vessel, vehicle, or premises for the purposes of
making fire safety inspections. Before entering a private building or dwelling,
the State Fire Marshal shall obtain the consent of the occupant thereof or
obtain a search warrant authorizing his entry for the purpose of inspection
except in those instances where an emergency exists. As used in this section,
"emergency" means circumstances which the State Fire Marshal knows, or has
reason to believe exist, and which reasonably may constitute immediate and
grave danger to life or property.
5.3.2 It shall be unlawful for any person to
interfere with the State Fire Marshal while he is carrying out any duties or
functions prescribed by these Regulations.
5.3.3 It shall be unlawful for any
unauthorized person to use an official badge, uniform, or other credentials so
as to impersonate the State Fire Marshal.
5.4 Implied Consent.
5.4.1 Any application for, or acceptance of,
any license or permit requested or issued pursuant to these Regulations
constitutes agreement and consent by the person making the application or
accepting the license or permit to allow the State Fire Marshal to enter the
premises at any reasonable time to conduct such inspections as required by
these Regulations or deemed necessary by the State Fire Marshal to determine
compliance with the requirements for such license or
permit.
5.5 Authority to Investigate Fires and Explosions.
5.5.1 The
State Fire Marshal shall have the authority to investigate the cause, origin,
and circumstances of any fire or explosion occurring within the State of
Delaware. The State Fire Marshal shall have the authority to take custody of
all physical evidence relating to the cause of the fire or explosion and to
continue the investigation to conclusion. Proprietary information, which may
relate to trade secrets or processes, shall not be made part of the public
record except as may be directed by a court of law.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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