1 Del. Admin. Code § 706-4-4.0

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

Section 706-4-4.0 - Other Residential Occupancies

4.1 Each new and existing lodging, rooming, or boarding house; hotel, motel, or bed and breakfast facility; dormitory, apartment, or multi-family dwelling; board and care facility; or a residential occupancy by any other name shall have smoke detection devices and/or smoke detection systems installed in accordance with the following requirements:

4.1.1 Shall be installed outside each separate sleeping area in the immediate vicinity of the bedrooms, and;

4.1.2 Shall be installed in each bedroom and/or sleeping area, and;

4.1.3 Shall be installed on each additional story of the occupancy, including basements and corridors, hallways and stairwells, on each floor according to the standards and specifications of the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations, but excluding crawl spaces and unfinished attics, if nothing is stored or kept in such areas, or;

4.1.4 Smoke detection devices and/or systems shall be installed in conformance with those provisions of the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations, for each particular occupancy, and;

4.1.5 The smoke detection devices or system listed in § 4.1.1, § 4.1.2 and § 4.1.3, except as otherwise specified herein, shall be interconnected, so that operation of any smoke detection device shall cause the alarm-sounding devices in all smoke detectors within the building, occupancy or within a separate zoned area to sound or, it shall initiate the building fire alarm system to provide an audible warning to all occupants of the building, and;

4.1.6 The smoke detection devices and/or systems shall be hard-wired or operated through wireless battery power and supervised by a listed control panel, into the electrical system of the building or occupancy in accordance with the National Electric Code, NFPA 70, as adopted and/or modified by these Regulations.

4.2 With the approval of the State Fire Marshal, smoke detection devices in individual sleeping areas may be exempted from the requirement that they be interconnected if the building or occupancy is provided with an automatic smoke detection system in the hallways, corridors, and stairwells, or is connected to a building fire alarm system which will activate an alarm which is sufficiently audible to warn the occupants of the building of the impending danger of fire or hazard to life. This smoke detection system and/or fire alarm system shall be installed in accordance with the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations and this Statute. (16 Del.C. § 6633 (d)).

Note: While not specifically addressed in this Chapter, it is the expressed intent that smoke detection devices be required in individual sleeping rooms pursuant to the standards of the Life Safety Code, NFPA 101, and the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations, pursuant to the language of this § 4.2. If an exception is attainable, then the inference is to be made that the devices are required.

4.3 For all buildings or occupancies which are required to install smoke detection devices and/or systems under § 4.1 or § 4.2 of this Chapter, that do not have an auxiliary, emergency, or back-up power supply, each smoke detection device or smoke detection system shall utilize the type of smoke detection device, or system that has a built-in battery back-up power supply. (16 Del.C. § 6633 (e)).

4.4 Where there is a conflict between installation requirements, the more strict of the installation specifications for a particular occupancy shall apply. (16 Del.C. § 6633 (b)).

4.5 Plans and specifications for all smoke detection devices and systems required under § 4.1 and § 4.2 of this Chapter shall be submitted to the Office of State Fire Marshal, prior to installation, for review and approval. (§6633(f)).

4.6 It shall be the responsibility of the owner of a residential occupancy listed in § 4.1 to install and maintain smoke detection devices as required by this Regulation.

1 Del. Admin. Code § 706-4-4.0

16 DE Reg. 620 (12/01/12)
EXCEPTION: WHERE THERE IS A TENANT OF A RENTED OR LEASED OCCUPANCY, STRUCTURE, OR BUILDING REQUIRED TO HAVE SMOKE DETECTION DEVICES AND/OR SMOKE DETECTION SYSTEMS, AS REQUIRED IN THIS CHAPTER, AND THE RENTAL, LEASE AGREEMENT, OR CONTRACT IS FOR A PERIOD OF ONE MONTH OR MORE, SUCH TENANT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ANY SMOKE DETECTION DEVICES, WITH RESPECT TO MAINTAINING AN OPERABLE BATTERY IN THE SMOKE DETECTION DEVICE, WITHIN THE INDIVIDUAL OR RENTED OR LEASED UNIT.