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 701-1-6.0 - Enforcement Provisions

Universal Citation: 1 DE Admin Code 701-1-6.0

Current through Register Vol. 28, No. 3, September 1, 2024

6.1 Responsibility for Enforcement.

6.1.1 Administration and Enforcement. The State Fire Marshal shall be responsible for the administration and enforcement of these Regulations pursuant to 16 Del.C. Ch. 66.

6.2 Issuance of Code Related Documents.

6.2.1 The State Fire Marshal shall be responsible for the issuance of licenses, permits, certificates, notices and approvals or orders pertaining to fire control and fire hazards, as provided for in these Regulations.

6.3 Hazard Abatement Procedures.

6.3.1 Summary Abatement. The State Fire Marshal shall have the authority to summarily abate any condition which is in violation of any provision of these Regulations, and which presents immediate danger to life.

6.3.2 Written Notice. Except as provided in subsection 6.3.1 of these Regulations, whenever the State Fire Marshal shall find any violation of these Regulations he shall report and discuss such violations with the owner, operator, occupant, or other responsible person to determine a schedule and procedure for corrective action. He shall also issue written notices to confirm such findings and discussions as may be necessary to secure compliance with these Regulations. Every notice shall set forth a time limit for compliance at the State Fire Marshal's discretion. Such time limit may be correlated to the degree of hazard created by the violation and availability of means of abatement.

6.4 Serving of Notices.

6.4.1 Any order or notice issued pursuant to these Regulations shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, or by delivering the same to, and leaving it with, a person of responsibility upon the premises. For unattended or abandoned locations a copy of such order or notice shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both.

6.5 Revocation, Suspension or Denial of Licenses, Permits, Approvals, or Certificates.

6.5.1 The State Fire Marshal shall have the authority to revoke, suspend, or deny any license, permit, approval, or certificate required by these Regulations for noncompliance with the provisions of such a license, permit, approval, certificate, or failure to meet the provisions of these Regulations for the issuance of such license, permit, certificate, or approval.

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