1 Del. Admin. Code § 705-1-1.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 705-1-1.0 - General Precautions

1.1 Ordinary Conduct Requirements.

1.1.1 Spread of Fire. No person shall knowingly permit any fire to spread so as to endanger life or property of another or use or operate any device which may be a source of ignition unless proper removal of flammable material surrounding the operation is accomplished or such other reasonable precautions are taken to ensure against the starting and spreading of unfriendly fires.

1.1.2 Burning of Construction Materials. During construction or demolition of buildings or structures no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity.

Exception: Small amounts of construction materials may be burned for the purpose of providing warmth for construction workers provided such materials are burned in an approved container located at least 30 feet from any structure or combustibles and provided the fire is constantly attended by a competent person until such fire is extinguished.

1.1.3 Bonfires and Rubbish Fires. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless:

1.1.3.1 The location is not less than fifty feet (50') from any structure and adequate provision is made to prevent fire from spreading to within fifty feet (50') of any structure; or

1.1.3.2 The fire is contained in an approved waste burner located safely not less than thirty feet (30') from any structure. Bonfires and rubbish fires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.

1.1.4 Other Outdoor Fires. No person shall kindle or maintain any controlled burning, agricultural burning, fires for land clearing, or fires for demolition and removal of hazards without first notifying the local fire dispatch center of the time and date of the burning.

1.1.5 Authority to Prohibit All Outdoor Fires. The State Fire Marshal may prohibit any and all bonfires, controlled burnings, agriculture burnings, land clearing, fires for demolition and removal of hazards, and out-door rubbish fires whether or not contained, when atmospheric conditions or local circumstances make such fires hazardous. During such time the State Fire Marshal may issue a special burning permit to those persons who show just cause and provide adequate safeguards to prevent the fire from spreading.

1.1.6 Notifying the Fire Department. Whenever an unfriendly fire occurs in any building or on any premises of any kind, the owner, manager, occupant, or any person in control of such building or premises, upon discovery of an unfriendly fire, or evidence of there having been an unfriendly fire, even though it has apparently been extinguished, immediately shall cause notice of the existence of such fire, circumstances of same, and the location therefore to be given to the fire department. This requirement shall not be construed to forbid the owner, manager, or other person in control of the aforementioned building or premises from using all diligence necessary to extinguish such fire prior to the arrival of the fire department. No person shall make, issue, post, or maintain any regulation or order, written or verbal, that would require any person to take any unnecessary delaying action prior to reporting a fire to the fire department.

1.1.7 Reporting Hazardous Condition. Any person, upon discovering evidence of spontaneous heating or other abnormal heating of any merchandise, commodity, cargo, shipment, or other material of any kind in any building, marine vessel, appliance, apparatus, tank, or open stack pile, or any person upon discovering or being apprised of any uncontrolled hazardous gas leak or hazardous material or combustible or flammable liquid spill, shall immediately notify the fire department.

1.1.8 Reporting of Fire Incidents. Any fire brigade, department, or company shall report all incidents to the State Fire Marshal in an electronic format acceptable to the State Fire Marshal within ten days after the end of the month in which the incident occurs.

1.1.9 False Alarm. No person shall deliberately or maliciously turn in an alarm of fire when in fact that person knows that no fire exists. No person shall activate an installed fire warning or extinguishing system for purposes other than emergency, maintenance, drills, or prescribed testing.

1.1.10 Evacuation of Building. Whenever an unfriendly fire occurs in any building, premises, or fire area of any kind, or upon the initiation of a fire alarm all occupants shall evacuate the building, premises, or fire area immediately and shall not re-enter the building, premises, or fire area unless permission is given by the Fire Chief or Fire Officer in charge of the scene.

Exception: Occupancies, where by the nature of the occupants it is impractical to immediately evacuate the occupants.

1.1.11 Maintaining a Fire Hazard. No person shall knowingly maintain a fire hazard.

1.1.12 Carelessness With Fire. No person shall deliberately, or through carelessness or negligence, set fire to or cause the burning of any bedding, furniture, rug, curtain, drape, or other combustible material, in such manner as to endanger the safety of any person or property.

1.1.13 Posting of Fire Exit Plans. Residential occupancies designed for, intended for, or used by transients shall have an approved copy of fire exit plans conspicuously posted in the lobby and each occupancy unit and at such other locations as may be required by the State Fire Marshal.

1.1.14 Notification of Fire Department of Inoperative Fire Safety Equipment. Persons owning, controlling, or otherwise having charge of any fixed fire extinguishing or fire warning system or standpipe system shall notify the fire department and Office of the State Fire Marshal at any time such system or systems are inoperable or taken out of service. Both shall also be notified when service is restored.

1.1.15 Barricading Vacant Buildings. Every person owning or having charge or control of any vacant building shall remove all combustible waste and refuse therefrom and lock, barricade, or otherwise secure all windows, doors, and other openings in the building to prohibit entry by unauthorized persons.

Exception: This section is not intended to apply to the temporary vacating of a building for tenant change or remodeling purposes. Temporary in this case shall mean a period of time not to exceed forty-five (45) days.

1.1.16 Smoking. Where in the opinion of the State Fire Marshal conditions exist which make smoking a fire hazard on any premises, "No Smoking" signs shall be posted as directed by the State Fire Marshal. "No Smoking" signs shall be of a color, size, lettering, and location as approved by the State Fire Marshal. No person shall remove such "No Smoking" signs or light, ignite, or otherwise set fire to or smoke any cigar, cigarette, pipe, tobacco, or other form of smoldering substance nor hold, possess, throw, or deposit any lighted or smoldering substance in any place where it would constitute a fire or life hazard.

1.1.16.1 Nothing in the foregoing provision shall be construed as prohibiting smoking in areas, offices, or other rooms which have been designated by the State Fire Marshal as safe smoking areas and have been approved for such purpose.

1.1.17 Use of Torches, Welders, or Laser Cutting Devices. Any person using a torch or other flame producing device, welder, or laser cutting device in any building or structure shall provide one (1) approved fire extinguisher or water hose connected to the water supply on the premises where such burning is done. In all cases, the person doing the burning shall remain on the premises one (1) hour after the torch or flame producing device has been used.

1.1.18 Hazardous Gas in Balloons. No person shall use any flammable, oxidizing, toxic, corrosive, or reactive gas to inflate balloons. Air and inert gases, such as helium and nitrogen, are not prohibited for this purpose.

Exception: This section shall not prohibit filling of laboratory balloons with samples of test gases.

1.1.19 Fire Doors. Fire doors shall be kept closed at all times.

Exception: This section shall not apply to doors held open with automatic releasing hold-open devices installed and maintained in accordance with the applicable provisions of the Standard for Fire Doors and Fire Windows, NFPA 80, and the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations.

1.1.20 Interference With Fire Protection Equipment. No person shall render any portable or fixed fire extinguishing system or device or any fire warning system inoperative or inaccessible, except as may be necessary during emergencies, maintenance, drills or prescribed testing.

1 Del. Admin. Code § 705-1-1.0

16 DE Reg. 620 (12/01/12)