1 Del. Admin. Code § 701-4-9.0

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

Section 701-4-9.0 - Engineering Analysis Required

9.1 When in the opinion of the State Fire Marshal, that any plan that is submitted for review, constitutes or is in need of such a level of advanced design or engineering criteria to ensure minimum compliance with the State Fire Prevention Regulations, the State Fire Marshal may require a Fire Protection Engineering Analysis to be provided by the owner, developer, architect, engineer, or submitting person.

9.2 The cost of such a Fire Protection Engineering Analysis shall be the responsibility of the owner, developer, architect, engineer, or submitting person.

9.3 The required Fire Protection Engineering Analysis shall provide a complete and documented report as to the compliance of the proposal with the required features and measures of fire protection.

9.4 The required Fire Protection Engineering Analysis shall be prepared by and shall bear the seal of a State of Delaware Registered Professional Engineer, with expertise in the field of Fire Protection Engineering as demonstrated by the passing of the National Council of Examiners for Engineers and Surveyors - "Principals and Practice Examination" in the discipline of Fire Protection Engineering.

9.5 The Fire Protection Engineering Analysis, as required in this section, shall be submitted to the Office of the State Fire Marshal prior to any plan review approval being issued by the Office of the State Fire Marshal.

9.6 When such specifications and design standards from the Fire Protection Engineering Analysis have been incorporated into and made a part of the plan review approval by the Office of the State Fire Marshal, the Registered Professional Engineer, as defined in subsection 9.4 of this Chapter, shall, at the completion of the project, provide such certification as required by the Office of the State Fire Marshal that the standards and specifications that were incorporated into the plan review approval are in fact in conformance and in place as part of the project. This certification shall be provided prior to a final approval being granted by the Office of the State Fire Marshal.

9.7 The submittal of a Fire Protection Engineering Analysis by a State of Delaware Register Fire Protection Engineer, as specified in this Chapter, does not exclude the preparation of an Engineering Design Analysis by a Registered Professional Engineer with expertise in a special field of engineering applicable to the specific Fire Protection Engineering Analysis required, provided that:

9.7.1 The Registered Professional Engineer can provide documentation to the State Fire Marshal that the Registered Professional Engineer is qualified by education, training, and experience in the specific field applicable to the issues of the Fire Protection Engineering Analysis; and

9.7.2 The Fire Protection Engineering Analysis is submitted by and is the responsibility of the State of Delaware Registered Professional Engineer, as defined in subsection 9.4 of this Chapter.

Note: It is the intent of this requirement to authorize the State Fire Marshal to require a much greater detailed Fire Protection Engineering Analysis of a plan submittal and to require that the Fire Protection Engineering Analysis be prepared by and sealed by a Registered Fire Protection Engineer. This Regulation addresses the larger more complex occupancies and operations, such as refineries, bulk LP gas plants, tank farms for flammable/combustible liquids, or occupancies that present unique fire protection problems, where the Office of the State Fire Marshal may require an additional technical analysis, where the fire protection requirements are such that an individual with special expertise in the particular area in question, such as a Registered Fire Protection Engineer, would have the expertise in the occupancy or operation under review. This Regulation would not apply to Fire Alarm Signaling Systems versus a standard. This request is usually made by the Office of the State Fire Marshal at a pre-submission meeting or at a preliminary review stage.

1 Del. Admin. Code § 701-4-9.0

25 DE Reg. 71 (7/1/2021) (final)