1 Del. Admin. Code § 701-7-1.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 701-7-1.0 - NFPA Codes and Standards
1.1 Each of the following Codes and Standards, published by the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269, are hereby adopted in their entirety with the exception of any changes, additions or deletions as listed in these Regulations as a supplement and addition to the Delaware State Fire Prevention Regulations. The text of these adopted Codes and Standards shall be fully enforceable as provisions of these Regulations as if the same were incorporated and set forth at length herein. If a newer Code or Standard has been adopted and issued by the National Fire Protection Association, the State Fire Marshal may accept the newer Code or Standard as an alternative, provided that such Code or Standard affords an equivalent level of safety in the opinion of the State Fire Marshal. Where the Codes or Standards as listed herein are updated versions of adopted Codes or Standards, the updated versions will replace the existing versions in these Regulations.

NFPA 1, NFPA 1, Fire Code, 2021

NFPA 10, Portable Fire Extinguishers, 2018

NFPA 11, Low-, Medium-, and High-Expansion Foam, 2016

NFPA 12, Carbon Dioxide Extinguishing Systems, 2018

NFPA 12A, Halon 1301 Fire Extinguishing Systems, 2018

NFPA 13, Installation of Sprinkler Systems, 2019

NFPA 13D, Installation of Sprinkler Systems in 1 & 2 Family Dwellings and Manufactured Homes, 2019

NFPA 13R, Sprinkler Systems in Residential Occupancies Up To & Including 4 Stories in Height, 2019

NFPA 14, Installation of Standpipe and Hose Systems, 2019

NFPA 15, Water Spray Fixed Systems for Fire Protection, 2017

NFPA 16, Installation of Foam-Water Sprinkler and Foam-Water Spray Systems, 2019

NFPA 17, Dry Chemical Extinguishing Systems, 2021

NFPA 17A, Wet Chemical Extinguishing Systems, 2021

NFPA 18, Wetting Agents, 2017

NFPA 20, Installation of Stationary Pumps for Fire Protection, 2019

NFPA 22, Water Tanks for Private Fire Protection, 2018

NFPA 24, Installation of Private Fire Service Mains and Their Appurtenances, 2019

NFPA 25, Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 2020

NFPA 30, Flammable and Combustible Liquids Code, 2021

NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages, 2021

NFPA 30B, Manufacture and Storage of Aerosol Products, 2019

NFPA 31, Installation of Oil-Burning Equipment, 2020

NFPA 32, Drycleaning Plants, 2016

NFPA 33, Spray Application Using Flammable and Combustible Materials, 2018

NFPA 34, Dipping and Coating Processes Using Flammable or Combustible Liquids, 2018

NFPA 35, Manufacture of Organic Coatings, 2016

NFPA 36, Solvent Extraction Plants, 2017

NFPA 37, Installation and Use of Stationary Combustion Engines and Gas Turbines, 2018

NFPA 40, Storage and Handling of Cellulose Nitrate Film, 2019

NFPA 42, Storage of Pyroxylin Plastic, 2002

NFPA 45, Fire Protection for Laboratories Using Chemicals, 2019

NFPA 51, Design & Installation of Oxygen-Fuel Systems for Welding, Cutting, & Allied Processes, 2018

NFPA 51A, Acetylene Cylinder Charging Plants, 2012

NFPA 51B, Fire Prevention During Welding, Cutting, and other Hot Work, 2019

NFPA 52, Vehicular Fuel Systems, 2019

NFPA 54, National Fuel Gas, 2021

NFPA 55, Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids, 2020

NFPA 58, Liquefied Petroleum Gas Code, 2020

NFPA 59, Utility LP-Gas Plant, 2021

NFPA 59A, Production, Storage and Handling of Liquefied Natural Gas (LNG), 2019

NFPA 61, Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities, 2020

NFPA 68, Venting of Deflagrations, 2018

NFPA 69, Explosion Prevention Systems, 2019

NFPA 70, National Electrical Code, 2020

NFPA 72, National Fire Alarm Code, 2019

NFPA 73, Electrical Inspection Code for Existing Dwellings, 2021

NFPA 75, Protection of Information Technology Equipment, 2020

NFPA 76, Fire Protection for Telecommunications Facilities, 2020

NFPA 79, Electrical Standard for Industrial Machinery, 2021

NFPA 80, Fire Doors and Fire Windows, 2019

NFPA 82, Incinerators and Waste and Linen Handling Systems and Equipment, 2019

NFPA 86, Ovens and Furnaces, 2019

NFPA 88A, Parking Structures, 2019

NFPA 90A, Installation of Air Conditioning and Ventilating Systems, 2021

NFPA 90B, Installation of Warm Air Heating and Air Conditioning Systems, 2021

NFPA 91, Exhaust Systems for Vapors, Gases, Mists, and Noncombustible Particulate Solids, 2020

NFPA 92, Smoke Control Systems, 2018

NFPA 96, Ventilation Control and Fire Protection of Commercial Cooking Operations, 2021

NFPA 99, Health Care Facilities, 2021

NFPA 101, Life Safety Code, 2021

NFPA 102, Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, 2016

NFPA 110, Emergency and Standby Power Systems, 2019

NFPA 111, Stored Electrical Energy Emergency and Standby Power Systems, 2019

NFPA 120, Fire Prevention and Control in Coal Mines, 2020

NFPA 140, Motion Picture and Television Production Studio and Approved Production Facilities, 2018

NFPA 150, Fire and Life Safety in Animal Housing Facilities, 2019

NFPA 160, Standard for the Use of Flame Effects Before an Audience, 2021

NFPA 170, Fire Safety and Emergency Symbols, 2018

NFPA 211, Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances, 2019

NFPA 214, Water-Cooling Towers, 2016

NFPA 220, Types of Building Construction, 2021

NFPA 221, High Challenge Fire Walls, Fire Walls, and Fire Barrier Walls, 2021

NFPA 232, Protection of Records, 2017

NFPA 241, Safeguarding Construction, Alteration, and Demolition Operations, 2019

NFPA 291, Recommended Practice for Fire flow Testing and Marking of Hydrants, 2019

NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor Craft, 2020

NFPA 303, Fire Protection Standard for Marinas and Boatyards, 2021

NFPA 306, Control of Gas Hazards on Vessels, 2019

NFPA 307, Construction and Fire Protection of Marine Terminals, Piers and Wharves, 2021

NFPA 312, Fire Protection of Vessels During Construction, Conversion, Repair and Lay-up, 2021

NFPA 326, Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair, 2020

NFPA 400, Hazardous Material Code, 2019

NFPA 407, Aircraft Fuel Servicing, 2017

NFPA 408, Aircraft Hand Portable Fire Extinguishers, 2017

NFPA 409, Aircraft Hangars, 2019

NFPA 410, Aircraft Maintenance, 2020

NFPA 415, Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways, 2016

NFPA 418, Heliports, 2016

NFPA 484, Combustible Metals, 2019

NFPA 495, Explosive Materials, 2018

NFPA 496, Purged and Pressurized Enclosures for Electrical Equipment, 2021

NFPA 498, Safe Havens and Interchange Lots for Vehicles Transporting Explosives, 2018

NFPA 501, Manufactured Housing, 2017

NFPA 501A, Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities, 2017

NFPA 502, Road Tunnels, Bridges, and Other Limited Access Highways, 2020

NFPA 505, Fire Safety Standard for Powered Industrial Trucks, 2018

NFPA 654, Prevention of Fire and Dust Explosions from Combustible Solids, 2020

NFPA 655, Prevention of Sulfur Fires and Explosions, 2017

NFPA 664, Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities, 2020

NFPA 703, Fire Retardant-Treated Wood and Fire-Retardant Coatings for Building Materials, 2021

NFPA 704, Identification of the Hazards of Materials for Emergency Response, 2017

NFPA 750, Water Mist Fire Protection Systems, 2019

NFPA 780, Installation of Lightning Protection Systems, 2020

NFPA 804, Fire Protection for Advanced Light Water Reactor Electric Generating Plants, 2021

NFPA 855, Installation of Stationary Energy Storage Systems, 2020

NFPA 909, Protection of Cultural Resources Properties - Museums, Libraries, & Places of Worship, 2017

NFPA 914, Code for Fire Protection of Historic Structures, 2019

NFPA 1122, Model Rocketry, 2018

NFPA 1123, Fireworks Display, 2018

NFPA 1124, Manufacture, Transport, Storage, & Retail Sales of Fireworks & Pyrotechnic Articles, 2017

NFPA 1125, Manufacture of Model Rocket and High Power Rocket Motors, 2017

NFPA 1126, Use of Pyrotechnics before a Proximate Audience, 2021

NFPA 1127, High Power Rocketry, 2018

NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting, 2017

NFPA 1221, Installation, Maintenance, and Use of Emergency Services Communication s Systems, 2019

NFPA 1961, Fire Hose, 2020

NFPA 1962, Inspection, Care, Use & the Service Testing of Fire Hose, Couplings, & Nozzles, 2018

NFPA 1963, Fire Hose Connections, 2019

NFPA 2001, Clean Agent Fire Extinguishing Systems, 2018

NFPA 2010, Fixed Aerosol Fire Extinguishing Systems, 2020

1.2 The following additions, deletions, or changes to the codes and standards listed in Regulation 701 - Chapter 7 are hereby adopted.

NFPA 1, Fire Code, 2021

* DELETE entire Chapter 1 except 1.12

* MODIFY 1.12.1 to read as follows

1.12.1 Permits. All permits required by another section of NFPA 1 shall comply with the requirements of the Delaware State Fire Prevention Regulations in effect.

* DELETE 1.12.2 through 1.12.8

* MODIFY Chapter 10 - General Fire Safety as noted:

10.1.2* Life Safety Code. Every new building shall comply with this Code and NFPA 101, Life Safety Code.

* DELETE 10.1.3 Building Code

* MODIFY 10.10 as follows:

10.10.4.2* It shall be unlawful to set fires to any brush or forest-covered land during anytime when a burning ban, as declared by the State Fire Marshal, is in effect.

A-10.10.4.2 Department of Natural Resources Environmental Control (DNREC) should be contacted for their additional burning restrictions at (800) 662-8802 or (302) 739-9401 before performing any outdoor burning

* DELETE 10.13.1.1

* DELETE Table 10.13.1.1

* MODIFY 10.14 as follows:

10.14.12.4.2 The use of display fireworks shall comply with the Delaware State Fire Prevention Regulations in addition to the requirements of 10.14.12.4.

* DELETE entire Chapter 17

* AMEND 20.1.5.3 to read as follows:

20.1.5.3 Open Flame Devices and Pyrotechnics. No open flame devices or pyrotechnic devices shall be used in any assembly occupancy, unless otherwise permitted by the following:

(1) Pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that both of the following criteria are met:

(a) Precautions satisfactory to the AHJ are taken to prevent ignition of any combustible material.

(b) Use of the pyrotechnic device complies with the Delaware State Fire Prevention Regulations.

(2) Flame effects before an audience shall be permitted in accordance with the Delaware State Fire Prevention Regulations.

* AMEND Chapter 22.7 to read as follows:

22.7 The storage of tires shall be in accordance with Chapter 34 and the Delaware State Fire Prevention Regulations.

* DELETE entire Chapter 33

* DELETE 52.1.2.1.

* DELETE 53.1.2.1.

NFPA 30, Flammable And Combustible Liquids Code, 2021.

* AMEND 22.4.1 by adding an Exception to read as follows:

Exception: The State Fire Marshal may increase the distances to property lines, public ways and important buildings when in his opinion the increases are justified.

NFPA 30A, Motor Fuel Dispensing and Repair Garages Code, 2021.

* AMEND 5.2.5, by adding third sentence to read as follows:

5.2.5 Each fill pipe shall be identified by color code or other marking to identify the product for which it is used. The color code or marking shall be maintained in legible condition throughout the life of the installation. All underground petroleum storage tank fill pipes shall be marked and maintained with colors and symbols consistent with API Recommended Practice 1637.

* AMEND 6.2, General Requirements, by adding new subsections to read as follows:

6.2.4 Dispensing units for kerosene shall not be located within 25' of Class I liquid dispensing units.

6.2.5 Islands with dispensing units for kerosene shall be located a minimum of 10' from islands with Class I liquid dispensing units. 6.2.6 Dispensing units for kerosene shall be provided with a legible sign, bearing the word "KEROSENE" in a minimum 4" high letter, with such letters to be in blue with a contrasting background color.

* AMEND 9.2.1, Inventory Control by adding new subsections to read as follows:

9.2.1.1 The seasonal exchange of product shall be prohibited in underground storage tanks.

9.2.1.2 No change of class of product within storage tanks shall be made without prior approval of the State Fire Marshal.

* AMEND 9.2.3, Dispensing into Containers by adding a new subsection to read as follows: 9.2.3.2.1 No sale or purchase of kerosene shall be made in containers unless such containers meet the provisions of this standard and are a color other than red with the word "KEROSENE" marked thereon. (The recommended color is blue with white lettering.)

* AMEND Chapter 11, Marine Fueling, by renumbering 11.10.6 to 11.10.6.1 and adding new 11.10.6.2, 11.10.6.3 and 11.10.6.4 to read as follows:

11.10.6.2 The dispensing of Class I Liquids into the fuel tanks of self-propelled water craft must be accomplished at a designated marine Service Station, and that service station must be in accordance with the applicable provisions of these Regulations.

11.10.6.3* The dispensing of Class I Liquids into the fuel tanks of self-propelled water craft shall be prohibited from a tank truck vehicle.

A-11.10.6.3 It is the express intent of this section to prohibit the transfer of Class I liquids from a tank truck vehicle directly into the fuel tanks of a boat or any other self-propelled water craft.

11.10.6.4* The dispensing of Class II Liquids into the fuel tanks of self-propelled water craft, is permitted provided the tank truck vehicle is equipped with an automatic shut off nozzle.

A-11.10.6.4 This change is based on an appeal filed by the Delaware Captains Association. This appeal was heard by the State Fire Prevention Commission on September 20, 1994 and was subsequently approved by the State Fire Prevention Commission on September 20, 1994.

* AMEND 13.1 (1) to read as follows:

(1) in rural areas

NFPA 54, National Fuel Gas Code, 2021.

* AMEND 10.21 as follows:

10.21.2* Prohibited Installations

Unvented room heaters shall not be installed in bathrooms and bedrooms.

Delete Exception #1

Delete Exception #2

NFPA 58, Liquefied Petroleum Gases Code, 2020.

* AMEND 4.3.1 Stationary Installations, by deleting the existing section and inserting two new subsections to read as follows:

4.3.1.1* Plans shall be submitted to the Office of the State Fire Marshal for review and approval for the following liquefied petroleum gas (LPG) installations:

(a) At consumer sites having an aggregate water capacity of 1,000 gallons or more tank storage; and

(b) For all portable cylinder exchange at consumer sites or dispensing stations, where not connected for use, and in storage for resale or exchange by dealer or reseller.

A.4.3.1.1 This section still requires the submission of plans for all LP Gas installations with an aggregate capacity of 1,000 gallons or more, and now requires the submission of plans for all portable cylinder exchange installations.

4.3.1.2* Plans shall be submitted to the Office of the State Fire Marshal for review and approval regarding liquefied petroleum gas (LPG) installations for all sites and locations where LPG is dispensed by a retail operation to the public, regardless of tank storage capacity.

A.4.3.1.2 Submission of plans for all LP Gas Installations where tanks are filled as a retail operation for the public.

Exception to 4.3.1.1. and 4.3.1.2: One- and Two-Family Dwellings are not required to comply with these sections.

* AMEND 6.23.2.2, by adding a subsection to read as follows:

6.23.2.2 Patio heaters shall be listed and used only outdoors and used in accordance with their listing and the manufacturers instruction.

A-6.23.2.2 All gas-fired heaters are to be used only in adequately ventilated areas. In order to support the combustion air requirements of the heater and to minimize the potential for the accumulation of carbon monoxide, ample fresh air ventilation in accordance with the Manufacturer's Installation Instructions and/or Owner's Manual should be provided.

AMEND 6.23.2.3 to read as follows:

6.23.2.3 Patio heaters shall not be located within 5 ft (1.5 m) of exits from an assembly occupancy. Hot surfaces of the appliance shall be at least 36 inches in all directions from all other materials. Clearances of less distance shall be permitted if in accordance with the Manufacturer's Installation Instructions and/or Owner's Manual

AMEND 6.23.2 by adding a subsection to read as follows:

6.23.2.4 When used, they shall be located in an area either outside the confines of a building or an area sheltered from the elements by overhead cover that is open on all exterior sides. Any obstruction of the exterior boundary of the area by any material to any degree shall be prohibited. Walls, part walls or partitions, roll-down see-through curtains or drapes, awnings, or components by any other name shall be considered an obstruction.

A-6.23.2.4 It should be further noted that roll-down and retractable materials are considered "not open". Since they are adjustable, it is expected that they will be less open during inclement weather in order to protect against the exposure.

Exception 1: Exterior sides of the area do not include the wall(s) common to the deck/patio and the building to which the deck/patio adjoins.

A-6.23.2.4 Exception 1: Typically, most deck/patios will have three (3) exterior sides and one (1) side adjacent to the building

* AMEND 7.2.2.1 by replacing 7.2.2.1 to read as follows:

7.2.2.1* Containers shall be filled only by the owner or upon the owner's authorization.

A-7.2.2.1 This requirement is in keeping with 16 Del.C. § 7202.

* AMEND 8.4.2.3 by deleting 8.4.2.3 and inserting a new 8.4.2.3 to read as follows:

8.4.2.3* Protection against vehicle impact shall be provided by installing traffic/bumper posts, or other protection acceptable to the State Fire Marshal.

A.8.4.2.3 The intent of this requirement is to ensure the protection of the portable cylinders from vehicular damage and to emphasize that the standard curbs are not considered adequate protection.

NFPA 101, The Life Safety Code, 2021.

* AMEND 9.2.2, by adding a new 9.2.2.1, Unvented Fuel-Fired Heating Equipment, to read as follows:

9.2.2.1 Unvented fuel-fired heating equipment shall be prohibited in bathrooms and sleeping areas of all occupancies. In all other areas, gas space heaters installed in compliance with NFPA 54, National Fuel Gas Code, as adopted and modified by these Regulations shall be permitted.

* AMEND 16.3.4.4, Emergency Forces Notification (New Day Care Occupancies), by deleting the existing 16.3.4.4 and inserting a new 16.3.4.4 to read as follows:

16.3.4.4 Emergency Forces Notification. Fire department notification shall be accomplished in accordance with 9.6.4.

Exception: Day-care centers with not more than 100 clients.

* AMEND 24.1.1, Application (One- And Two-Family Dwellings), by deleting the existing 24.1.1.1 and inserting a new 24.1.1.1 to read as follows:

24.1.1.1 This Chapter shall not be utilized by the Office of the State Fire Marshal during the plan review process, except when individual, specified sections are referenced by other Chapters of the Life Safety Code.

* AMEND 26.3.4.4, Detection Alarm, And Communication Systems (Lodging Or Rooming Houses), by adding a new Subsection to read as follows:

26.3.4.4.1 A corridor smoke detection system in accordance with 9.6 shall be installed in all lodging or rooming houses.

* AMEND 30.3.4.1.1, Detection, Alarm, and Communication Systems (New Apartment Buildings), by deleting 30.3.4.1.1, and inserting a new 30.3.4.1.1 to read as follows:

30.3.4.1.1 General. All new apartment buildings shall be provided with a fire alarm system in accordance with 9.6, except as modified by 30.3.4.2 through 30.3.4.5.

* AMEND 30.3.4.4, Detection (New Apartment Buildings), by adding a new Subsection to read as follows:

30.3.4.4 Detection

30.3.4.4.1 A corridor smoke detection system in accordance with 9.6, shall be installed in all apartment buildings.

* AMEND 32.2, Small Facilities (New Residential Board And Care Occupancies), by adding new Subsections to read as follows:

32.2.2.8 Emergency Lighting. Emergency lighting shall be installed in accordance with 7.9.

32.2.2.9 Marking Of Means Of Egress. Means of egress shall be marked in accordance with 7.10.

* AMEND 32.2.3.4, Detection, Alarm, and Communication Systems, Small Facilities (New Residential Board And Care Occupancies), by adding 32.2.3.4.3.1, Emergency Forces Notification, to read as follows:

32.2.3.4.3.1 Emergency Forces Notification. Fire department notification shall be accomplished in accordance with 9.6.4.

AMEND 32.2.3.5, by adding 32.2.3.5.9 to read as follows:

32.2.3.5.9 Portable Fire Extinguishers. Portable fire extinguishers shall be provided near hazardous areas in accordance with 9.7.

* AMEND 32.3.3.4.6, Emergency Forces Notification, Large Facilities (New Residential Board And Care Occupancies), by deleting the existing 32.3.3.4.6 and inserting a new 32.3.3.4.6 to read as follows:

32.3.3.4.6 Fire Department Notification. Fire department notification shall be accomplished in accordance with 9.6.4.

1 Del. Admin. Code § 701-7-1.0

1 DE Reg. 197 (08/01/97)
3 DE Reg. 416 (09/01/99)
4 DE Reg. 1237 (02/01/01)
6 DE Reg. 1638 (06/01/03)
8 DE Reg. 416 (09/01/04)
10 DE Reg. 342 (08/01/06)
13 DE Reg. 629 (11/01/09)
16 DE Reg. 620 (12/01/12)
19 DE Reg. 843 (3/1/2016)
25 DE Reg. 71 (7/1/2021) (Final)