Section 6604 - State fire prevention commission - powers and dutiesThe State Fire Prevention Commission shall have authority to:
(1)Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act (Chapter 101 of Title 29) of this State. The State Fire Prevention Commission shall consult and confer with the duly elected officers of the Delaware Volunteer Firefighter's Association and the Delaware State Fire Chief's Association in developing and drafting proposed regulations relating to subsections 10, 11, or 12 of this section prior to publishing the proposed regulations pursuant to Title 29, Chapter 101, Subchapter II, § 10115 of the Delaware Code. a. Such regulations shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection and shall have the force and effect of law in the several counties, cities and political subdivisions of the State. Whenever such regulations and amendments require the issuance of permits or licenses, the State Fire Prevention Commission is authorized to issue such permits or licenses according to the provisions and schedules in § 6612 of this title. Such regulations and amendments shall not apply to existing installations, plants or equipment unless the State Fire Prevention Commission has duly found that the continuation thereof constitutes a hazard so inimicable to the public welfare and safety as to require correction; nor shall such regulations and amendments limit or prohibit the shipment, transportation, handling or storage incident to transportation of any explosive, combustible or other dangerous article in solid, liquid or gas form by rail, water or highway, when such articles are in conformity with regulations of the Interstate Commerce Commission; nor shall such regulations, insofar as they purport to prohibit the sale, purchase or domestic use of gasoline, kerosene or other fuel burning home appliances for heating or cooking apply to any person whose personal faith or belief prevents the use of any alternative heating or cooking appliance recommended by the State Fire Prevention Commission, the burden of proof is upon the person claiming relief from such regulation. In their interpretation and application the regulations promulgated under this chapter shall be held to be the minimum requirements for the safeguarding of life and property from the hazards of fire and explosion. Whenever the provisions of any other statute or local regulation are more stringent or impose higher standards than are required by any regulations promulgated under this chapter, such statute or local regulation shall govern, provided they are not inconsistent with the state Code and are not contrary to recognized standards and good engineering practices.b. Promulgate regulations consistent with the following language: The State Fire Marshal shall require that all persons involved in the inspection and testing of water-based fire protection systems maintain current certification in the National Institute for Certification in Engineering Technologies (NICET II) "Inspection and Testing of Water-based Systems" certification program or a substantially similar and equivalent course of instruction, as determined by the State Fire Marshal, as a condition of permit renewal after July 1, 2010.c. Promulgate regulations consistent with the following language: The State Fire Marshal shall require that persons involved in the inspection and testing of water-based fire protection systems shall complete 16 contact hours of continuing education or similar course of instruction during each biennial period of renewal. Any and all continuing education requirements completed pursuant to paragraph (1)b. of this section may be used to meet the continuing education requirements as called for under this section.(2) Create a State Fire Prevention Commission Executive Director. The position will be exempt and will be effective 30 days after the enactment of this Act. The Executive Director shall provide the Commission all of the following:a. Reports and data necessary to enable the Commission to perform its duties under this title.b. Coordination and implementation of all requirements for Commission meetings, including posting meeting notices and minutes.c. Necessary reports and data in conjunction with the Commissions responsibilities.d. Support to Commission members in necessary training and preparation to fulfill their roles and responsibilities.e. Service as the Commission's point of contact.f. Production and posting of minutes for each Commission meeting.g. Oversight of the day-to-day operations of the agency.h. Management of the support staff of the agency.(3) Appoint a person qualified by that person's previous training and experience in endeavors similar to those herein prescribed as State Fire Marshal.(4) Appoint a person qualified by that person's previous training and experience in endeavors similar to those described herein as the State Fire School Director.(5) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter and Chapter 101 of Title 29. Where such provisions conflict with this chapter, this chapter shall govern.(6) Issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the investigation of a complaint made under this chapter and/or for a public hearing on the complaint or for an appeal to the State Fire Prevention Commission from an order or decision of the State Fire Marshal. If the party or person subpoenaed fails to comply, the State Fire Prevention Commission may compel compliance with said subpoena by filing a motion to compel in the Superior Court which shall have jurisdiction. The Superior Court may order costs, attorney's fees and/or a civil fine not to exceed $1,000 if the motion to compel is granted.(7) Acquire any real or personal property by purchase, gift or donation and have water rights.(8) Make contracts and execute instruments necessary or convenient.(9) Undertake by contract or contracts, or by its own agent and employees, and otherwise than by contract, any project or projects, and operate and maintain such projects.(10) Accept grants of money or materials or property of any kind from a federal agency, private agency, county, city, town, corporation, partnership or individual upon such terms and conditions as the grantor may impose.(11) Impose any civil penalty or fine authorized under this chapter.(12) Impose reasonable fees for all certifications issued by the Commission under this chapter or Chapter 67 of this title. All fees issued under this section must be based on actual costs, unless otherwise specifically authorized by other provisions of this title.(13) Impose substance abuse evaluation and treatment by third-party vendors in lieu of imposing discipline upon respondents within the jurisdiction of the Commission. (14)Administer the volunteer firefighter tuition reimbursement program pursuant to § 3467 of Title 14.(15) Hear and resolve complaints and grievances concerning issues between fire companies.(16) Hear and resolve complaints and grievances concerning claims of official misconduct by fire fighters and fire companies.(17) Investigate injuries to firefighters incurred in the line of duty, to issue subpoenas in furtherance of such investigations, and to issue reports of its findings and conclusions with respect to such investigations.(18) If an individual obtains a background check under § 6647(b) of this title, the State Bureau of Identification shall provide all of the following to the Commission:a. Any subsequent state criminal history record information of the individual.b. Any subsequent criminal history record information of the individual available through the Rap Back System as defined under § 8502 of Title 11, if the Rap Back System is available.(19) Perform all acts and do all things necessary or convenient to carry out the power granted herein.Amended by Laws 2023, ch. 405,s 2, eff. 9/19/2024.Amended by Laws 2021 , ch. 374, s 1, eff. 7/27/2022.Amended by Laws 2021 , ch. 143, s 3, eff. 9/10/2021.16 Del. C. 1953, §§ 6603-6604; 49 Del. Laws, c. 335; 50 Del. Laws, c. 469, § 1; 52 Del. Laws, c. 5, § 1; 57 Del. Laws, c. 672; 57 Del. Laws, c. 727; 63 Del. Laws, c. 381, § 3; 68 Del. Laws, c. 408, § 1; 76 Del. Laws, c. 330, §§ 1 - 3; 77 Del. Laws, c. 444, § 4.;