1 Del. Admin. Code § 701-1-5.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 701-1-5.0 - Authority

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.

1 Del. Admin. Code § 701-1-5.0

16 DE Reg. 620 (12/01/12)
25 DE Reg. 71 (7/1/2021) (Final)