Heads up: There are no amended sections in this chapter.
Every new and existing building or structure shall be constructed, arranged, equipped, maintained, and operated in accordance with this Code so as to provide a reasonable level of life safety, property protection, and public welfare from the actual and potential hazards created by fire, explosion, and other hazardous conditions.
This section has been amended at the state or city level.
Every new building shall comply with this Code and NFPA 101, Life Safety Code.
This section has been amended at the state or city level.
Where the technical analysis recommends repairs to the structure, such repairs shall be made.
Any person who deliberately, or through negligence, sets fire to or causes the burning of any combustible material in such a manner as to endanger the safety of any person or property shall be deemed to be in violation of this Code.
The AHJ shall have the authority to prohibit any or all open flames or other sources of ignition where circumstances make such conditions hazardous.
The owner, operator, or occupant shall be responsible for compliance with this Code.
The owner, operator, or occupant, or any person in control of a building or premises shall keep records of all maintenance, inspections, and testing of fire protection systems, fire alarm systems, smoke control systems, emergency evacuation and relocation drills, emergency action plans, emergency power, elevators, and other equipment as required by the AHJ.
All records required to be kept shall be maintained until their useful life has been served, as required by law, or as required by the AHJ.
No new construction or existing building shall be occupied in whole or in part in violation of the provisions of this Code.
Emergency egress and relocation drills conforming to the provisions of this Code shall be conducted as specified by the provisions of Chapter 20 of this Code or Chapters 11 through 42 of NFPA 101, or by appropriate action of the AHJ. Drills shall be designed in cooperation with the local authorities. [101: 4.7.1]
Emergency egress and relocation drills, where required by Chapter 20 of this Code or Chapters 11 through 42 of NFPA 101, or the AHJ, shall be held with sufficient frequency to familiarize occupants with the drill procedure and to establish conduct of the drill as a matter of routine. Drills shall include suitable procedures to ensure that all persons subject to the drill participate. [101: 4.7.2]
When conducting drills, emphasis shall be placed on orderly evacuation rather than on speed. [101: 4.7.3]
Drills shall be held at expected and unexpected times and under varying conditions to simulate the unusual conditions that can occur in an actual emergency. [101: 4.7.4]
Drill participants shall relocate to a predetermined location and remain at such location until a recall or dismissal signal is given. [101: 4.7.5]
A written record of each drill shall be completed by the person responsible for conducting the drill and maintained in an approved manner. [101: 4.7.6]
The person discovering any unwanted fire, regardless of magnitude, shall immediately notify the fire department.
The owner, manager, occupant, or any person in control of such building or premises, upon discovery of an unwanted fire or evidence of a previous unwanted fire that had apparently been extinguished, shall immediately notify the fire department.
Persons shall not 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.
Persons shall not deliberately or maliciously turn in an alarm of fire when in fact that person knows that no fire exists.
Any person who willfully makes any false, fraudulent, misleading, or unfounded report or statement or willfully misrepresents any fact with the intention of misleading any fire department personnel or who interferes with the operation of the fire department shall be in violation of this Code.
Emergency action plans shall be provided for high-rise, health care, ambulatory health care, residential board and care, assembly, day-care centers, special amusement buildings, hotels and dormitories, detention and correctional occupancies, educational, underground and windowless structures, facilities storing or handling materials covered by Chapter 60, or where required by the AHJ.
Emergency plans shall include the following:
- Procedures for reporting of emergencies
- Occupant and staff response to emergencies
- *Evacuation, relocation and shelter-in-place procedures appropriate to the building, its occupancy, emergencies, and hazards
- Appropriateness of the use of elevators
- Design and conduct of fire drills
- Type and coverage of building fire protection systems
- Other items required by the AHJ [101: 126.96.36.199]
Permitted open fires shall be located not less than 50 ft (15 m) from any structure.
Conditions that could cause a fire to spread to within 25 ft (7.6 m) of a structure shall be eliminated prior to ignition.
Open, recreational, and cooking 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.
For other than one-and two-family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 ft (3 m) of any structure.
For other than one- and two-family dwellings, no hibachi, grill, or other similar devices used for cooking shall be stored on a balcony.
Listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer's instructions shall be permitted.
Incinerators, outdoor fireplaces, permanent barbecues, and grills shall not be built, installed, or maintained without prior approval of the AHJ.
Incinerators, outdoor fireplaces, permanent barbecues, and grills shall be maintained in good repair and in a safe condition at all times.
Openings in incinerators, outdoor fireplaces, permanent barbecues, and grills shall be provided with an approved spark arrester, screen, or door.
The use of unmanned, free-floating sky lanterns and similar devices utilizing an open flame shall be prohibited.
The AHJ shall be authorized to require any fire to be immediately discontinued if the fire is determined to constitute a hazardous condition.
Address numbers shall contrast with their background.
Address numbers shall be arabic numerals or alphabet letters.
This section has been amended at the state or city level.
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-10.11.2.1 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.
Shaftway signs shall be in red letters at least 6 in. (152 mm) high on a white background stating "SHAFTWAY."
Such warning signs shall be placed so as to be readily discernible from the outside of the building.
The stairs shall be provided with special signage within the enclosure at each floor landing. [101:188.8.131.52.4.1(A)]
The signage shall indicate the floor level. [101:184.108.40.206.4.1(B)]
The signage shall indicate the terminus of the top and bottom of the stair enclosure. [101: 220.127.116.11.4.1(C)]
The signage shall indicate the identification of the stair enclosure. [101: 18.104.22.168.4.1(D)]
The signage shall indicate the floor level of, and the direction to, exit discharge. [101: 22.214.171.124.4.1(E)]
The signage shall be located inside the stair enclosure. [101: 126.96.36.199.4.1(F)]
The bottom of the signage shall be located a minimum of 48 in. (1220 mm) above the floor landing and the top of the signage shall be located a maximum of 84 in. (2135 mm) above the floor landing. [101: 188.8.131.52.4.1(G)]
The signage shall be in a position that is visible when the door is in the open or closed position. [101: 184.108.40.206.4.1(H)]
The signage shall be painted or stenciled on the wall or on a separate sign securely attached to the wall. [101: 220.127.116.11.4.1(K)]
The stairway identification shall be located at the top of the sign in minimum 1 in. (25 mm) high lettering and shall be in accordance with 18.104.22.168. [101: 22.214.171.124.4.1(L)]
Signage that reads NO ROOF ACCESS shall designate stairways that do not provide roof access. Lettering shall be a minimum of 1 in. (25 mm) high and shall be in accordance with 126.96.36.199. [101: 188.8.131.52.4.1(M)]
The floor level number shall be located below the stairway identifier in minimum 5 in. (125 mm) high numbers and shall be in accordance with 184.108.40.206. Mezzanine levels shall have the letter "M" or other appropriate identification letter preceding the floor number, while basement levels shall have the letter "B" or other appropriate identification letter preceding the floor level number. [101: 220.127.116.11.4.1(N)]
Identification of the lower and upper terminus of the stairway shall be on the sign in minimum 1. in. (25 mm) high letters or numbers and shall be in accordance with 18.104.22.168. [101: 22.214.171.124.4.1(O)]
Wherever an enclosed stair requires travel in an upward direction to reach the level of exit discharge, special signs with directional indicators showing the direction to the level of exit discharge shall be provided at each floor level landing from which upward direction of travel is required, unless otherwise provided in 10.11.3.2.1 and 10.11.3.2.2, and the following also shall apply:
Where new contrasting marking is applied to stairs, such marking shall comply with all of the following:
- The marking shall include a continuous strip as a coating on, or as a material integral with, the full width of the leading edge of each tread.
- The marking shall include a continuous strip as a coating on, or as a material integral with, the full width of the leading edge of each landing nosing.
- The marking strip width, measured horizontally from the leading vertical edge of the nosing, shall be consistent at all nosings.
- The marking strip width shall be 1 in. to 2 in. (25 mm to 51 mm).
Where new contrast marking is provided for stairway handrails, it shall be applied to, or be part of, at least the upper surface of the handrail; have a minimum width of 1/2 in. (13 mm); and extend the full length of each handrail. After marking, the handrail shall comply with 126.96.36.199.4 of NFPA 101. Where handrails or handrail extensions bend or turn corners, the stripe shall be permitted to have a gap of not more than 4 in. (100 mm). [101: 188.8.131.52.4.4]
The requirement of 10.12.1 shall not apply to buildings used on a seasonal basis, or the temporary vacancy of a building for tenant change or remodeling purposes.
This section has been amended at the state or city level.
Such fire retardance shall be demonstrated by each individual decorative vegetation item, including any decorative lighting, in an approved manner.
Only listed electrical lights and wiring shall be used on natural or artificial combustible vegetation, natural or artificial Christmas trees, and other similar decorations.
Electrical lights shall be prohibited on metal artificial trees.
Combustible vegetation and natural cut Christmas trees shall not be located near heating vents or other fixed or portable heating devices that could cause it to dry out prematurely or to be ignited.
Where a natural cut tree is permitted, the bottom end of the trunk shall be cut off with a straight fresh cut at least 1/2 in. (13 mm) above the end prior to placing the tree in a stand to allow the tree to absorb water.
The tree shall be placed in a suitable stand with water.
The water level shall be maintained above the fresh cut and checked at least once daily.
The tree shall be removed from the building immediately upon evidence of dryness.
The AHJ shall be permitted to order a life safety evaluation in accordance with this subsection.
Where a life safety evaluation is required by other provisions of the Code, it shall comply with all of the following:
- The life safety evaluation shall be performed by persons acceptable to the AHJ.
- The life safety evaluation shall include a written assessment of safety measures for conditions listed in 10.14.3.2 and of the building systems and facility management in accordance with 10.14.3.3.
- The life safety evaluation shall be approved annually by the AHJ and shall be updated for special or unusual conditions in accordance with the provisions of 13.4.1 of NFPA 101 for existing assembly occupancies. [101: 184.108.40.206]
Life safety evaluations shall include an assessment of all of the following conditions and related appropriate safety measures:
- Nature of the events and the participants and attendees
- Access and egress movement, including crowd density problems
- Medical emergencies
- Fire hazards
- Permanent and temporary structural systems
- Severe weather conditions
- Civil or other disturbances
- Hazardous materials incidents within and near the facility
- Relationships among facility management, event participants, emergency response agencies, and others having a role in the events accommodated in the facility [101: 220.127.116.11]
A life safety narrative shall be provided describing the following:
- Building occupancy, construction type, and intended uses and events
- Building area and population capacity of the proposed facility
- Principal fire and life safety features/strategies for the building, including the following:
- Exterior construction design parameters used/applied [101: 18.104.22.168.2]
Life safety floor plans of each level shall be provided with the following:
- Occupant load, exit location, exit capacity, main exit/entry, horizontal exits, travel distance and exit discharge
- Fire and smoke barriers
- Areas of smoke protected assembly occupancy
- Separate smoke protected areas or zones if applicable
- Areas of other occupancy type and separations if required
- Unprotected vertical openings, including atriums, communicating spaces, and convenience openings
- Event plans for each anticipated type of event depicting the following:
- Seating configuration
- Exhibit booth layout
- Stage location
- Occupant load, exit capacity required, exits provided and travel distance
- Any floor or stage use restrictions
- Plan and/or section drawing indicating areas where the roof construction is more than 50 feet and limits of sprinkler protection.
- Areas of refuge — interior and exterior [101: 22.214.171.124.3]
An engineering analysis and calculations shall be provided with the following:
- Smoke protection calculations as follows:
- Smoke exhaust and fresh air requirements per NFPA 92, Standard for Smoke Control Systems
- Smoke maintained at a level six ft above the floor of the means of egress
- Proposed testing protocol for smoke system and pass/fail criteria
- Calculations for performance-based design methods accepted by the AHJ
- Smoke and fire modeling
- Timed egress analysis
- Assumed flow rates and travel speed
- Sprinkler protection calculations, including an engineering analysis substantiating locations in accordance with 126.96.36.199.3 where sprinkler protection would be ineffective due to height and combustible loading
- Load diagram of rigging/load capacity of gridiron, fly loft or long span roof structure used for hanging overhead objects [101: 188.8.131.52.4]
Facility management and operational plans shall address the following:
- Best practices adopted or recognized
- Emergency plans
- Evacuation plans
- Shelter-in-place plans, including capacities and protection considerations
- Crowd management training plans
- Safety plans, which include the following:
- Training plans
- Safety equipment plans
- Fire alarm, smoke system protocol and testing plans
- First aid or medical treatment plans, which include the following:
- Defined levels of service
- Standing orders adopted
- Supply and equipment plan
- Housekeeping plans - biological, medical, hazardous materials cleaning
- Emergency communication plans, which include the following:
- Chain of authority and incident command system employed
- Contact information for the following:
- Communication systems
- Standard announcement for incidents or emergency situations
- Risk and threat assessment for venue and surrounding area for the following:
- Severe weather
- Hazardous materials
- Hostile intruder
- Operating procedures and protocols for risks, such as the following:
- Severe weather preparedness and monitoring plans
- Hazardous materials incidence response plans
- Terrorism response plans
- Hostile intruder response plans
- First responder response/arrival routes plans
- Alcohol management plans
- Food safety plans
- Rigging and temporary performance structure, which includes the following:
- Design and safety review plans
- Emergency action plans
- Chemical and hazardous materials information and data
- Barrier and wall protection plans for motor sports or similar events [101: 184.108.40.206.2]
The life safety building systems document in accordance with 10.14.3.4 shall be permitted to be used, but the life safety building systems reference guide shall include the following:
- Occupant capacity of every space/room
- Egress flow diagrams, including assumed flow rates, and capacities of all aisles and hallways, including public and non-public areas
- Capacities of all exterior doors and/or choke points in immediate perimeter areas
- Limitations or assumptions for ingress control that could be in place during an emergency egress/evacuation, including control gates, queuing barriers, and turnstiles
- Capacities of immediate perimeter exterior walkways, including assumed flow rates for exterior areas
- Assumed egress paths for normal conditions-transportation modes
- Management level (lay) sequencing charts for alarm and emergency communication systems, the manual or override options/instructions that include the following:
- Principal fire and life safety features/strategies, such as sprinklers, smoke control, fire alarm notifications, PA system, fire department access
- Assumptions when developing occupancy plans for venue floor, open areas, and non-event spaces, such as the following:
- Event floor plans/set up diagrams for each typical event/activity
- Fire sprinkler and smoke protection capabilities
- Severe weather shelter areas, locations, structure considerations (limitations), capacities (occupancy and density factor)
- Command center, which includes the following:
- Location (formal or informal)
- Structural integrity considerations
- Redundant locations and/or capabilities
- Jurisdictional rights — assumed and/or applied
- Locations and capacities of wheelchair and mobility-impaired seating
- Locations and capacities of "Safe Haven" areas
- Rigging or structural load capacities of grids, truss structure, fly lofts, ceilings, floors, ramps, staging, etc.
- List of locations of emergency equipment (i.e., fire extinguishers, fire hose cabinets, fire hydrants, AEDs, etc.)
- Sequencing of electrical service, such as the following:
- Emergency generators and charts of all areas illuminated during power outages
- Multiple electrical feed capabilities
- List of mechanical, moveable equipment in the facility
- Potential hazards in the surrounding neighborhood, including train tracks and propane stations
- Assumptions or accommodations considered and used in design [101: 220.127.116.11.4.3]
For events and activities at the venue that are outside the normal operating conditions or vary from the normal facility management plans, the following shall apply:
A minimum of one single station smoke alarm shall be located in all stock or equipment trailers when they are used for sleeping purposes.
Concession stands utilized for cooking shall have a minimum of 10 ft (3 m) of clearance on two sides and shall not be located within 10 ft (3 m) of amusement rides or devices.
Methods of notifying the fire department shall be readily available to the public.
Refueling shall be conducted only when not in use.
Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing, or an enclosure.
A minimum of one portable fire extinguisher with a rating of not less than 2-A:10-B:C shall be provided.
The owner or operator of a crop maze amusement attraction shall advise all employees of the fire and life safety regulations established in this subsection prior to the employees assuming their respective duties.
The owner or operator of a crop maze or their employees shall provide safety instructions to the visitors and patrons of a crop maze prior to their entrance to the maze.
A minimum of two employees shall be on duty to monitor a crop maze during hours of operation.
A minimum of one of the employees shall be located on an elevated platform a minimum of 10 ft (3 m) above the maze.
The owner or operator of a crop maze shall contact the local fire department and provide the fire department with the opportunity to prepare a pre-plan of the crop maze amusement attraction prior to the start of seasonal operations.
Motorized vehicles shall not be parked within 75 ft (23 m) of a crop maze.
A fuel break of a minimum of 20 ft (6 m) wide shall be cleared between a crop maze and any vehicles or vegetation outside the maze.
The entrance and exit from a crop maze shall not be blocked or obstructed at any time the maze is open for business and occupied by the public.
No more than 200 persons per acre, including adults and children, shall occupy the crop maze at any one time.
No open flame-producing devices or equipment shall be permitted within the confines of the crop maze.
Fireworks shall not be discharged within a minimum of 300 ft (91 m) of any crop maze at any time.
This section has been amended at the state or city level.
The use of display fireworks shall comply with the Delaware State Fire Prevention Regulations in addition to the requirements of 10.14.11.4.
The separation distance shall be allowed to be reduced to 3 ft (0.9 m) for storage not exceeding 6 ft (1.8 m) in height.
The separation distance shall be allowed to be reduced where the AHJ determines that no hazard to the adjoining property exists.
Combustible material shall not be stored beneath a building or structure unless specifically constructed or protected for this purpose.
Motorized parade floats and towing apparatus shall be provided with a minimum 2-A:10-B:C-rated portable fire extinguisher readily accessible to the operator.
Storage shall be maintained 2 ft (0.61 m) or more from the ceiling in nonsprinklered areas of buildings.
The clearance between the deflector and the top of storage shall be 18 in. (457 mm) or greater. [13:18.104.22.168]
Where shelving is installed on a wall and is not directly below sprinklers, the shelves, including storage thereon, shall extend above the level of a plane located 18 in. (457 mm) below ceiling sprinkler deflectors. [13:22.214.171.124.1]
Shelving, and any storage thereon, directly below the sprinklers shall not extend above a plane located 18 in. (457 mm) below the ceiling sprinkler deflectors. [13:126.96.36.199.2]
Combustible material shall not be stored in boiler rooms, mechanical rooms, or electrical equipment rooms.
Materials and supplies for the operation and maintenance of the equipment in the room shall be permitted.
Fueled equipment, including but not limited to motorcycles, mopeds, lawn-care equipment, and portable cooking equipment, shall not be stored, operated, or repaired within a building except under one of the following conditions:
- The building or room has been constructed for such use in accordance with the building code.
- The use is allowed by other provisions of this Code.
Structures intended as children's playgrounds, installed indoors and that which exceed 10 ft (3.1 m) in height and 160 ft2 (14.9 m2) in area, shall comply with the specifications in 10.19.1.1.
Indoor children's playground structures shall be constructed of noncombustible materials or of combustible materials that comply with the following:
- Fire retardant-treated wood.
- Light-transmitting plastics complying with the requirements in 10.19.1.2.
- Foam plastics (including the pipe foam used in soft-contained play equipment structures) having a maximum heat-release rate not greater than 100 kW when tested in accordance with UL 1975 or NFPA 289, Standard Method of Fire Test for Individual Fuel Packages, using the 20 kW ignition source.
- Aluminum composite material (ACM) meeting the requirements of Class A interior finish in accordance with Chapter 10 of NFPA 101, Life Safety Code, when tested as an assembly in the maximum thickness intended for use.
- Textiles and films complying with the flame propagation performance criteria contained in Test Method 1 or Test Method 2, as appropriate, of NFPA 701.
- Plastic materials used to construct rigid components of soft-contained play equipment structures (such as tubes, windows, panels, junction boxes, pipes, slides, and decks) exhibiting a peak rate of heat release not exceeding 400 kW/m2 when tested in accordance with ASTM E 1354 at an incident heat flux of 0.24 in. (50 kW/m2) in the horizontal orientation at a thickness of 0.24 in. (6 mm).
- Balls used in ball pools, in soft-contained play equipment structures, shall have a maximum heat release rate not greater than 100 kW when tested in accordance with UL 1975 or NFPA 289 using the 20 kW ignition source. The minimum specimen test size shall be 36 in. × 36 in. (0.91 m × 0.91 m) by an average of 21 in. (0.56 m) deep, and the balls shall be held in a box constructed of galvanized steel poultry netting wire mesh.
- Foam plastics shall be covered by a fabric, coating, or film meeting the flame propagation performance criteria contained in Test Method 1 or Test Method 2, as appropriate, of NFPA 701.
- The floor covering within the children's playground structure shall exhibit a Class I interior floor finish classification, as described in Chapter 10 of NFPA 101 when tested in accordance with NFPA 253, Standard. Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source.
Light-transmitting plastics used for children's playgrounds shall meet all of the following criteria:
- They shall have a self-ignition temperature of 650°F (343°C) or greater when tested in accordance with ASTM D 1929.
- They shall have a smoke developed index not greater than 450 when tested in the manner intended for use in accordance with ASTM E 84, Standard Test Method of Surface Burning Characteristics of Building Materials, or ANSI/UL 723, Standard for Test for Surface Burning Characteristics of Building Materials, or not greater than 75 when tested in the thickness intended for use in accordance with ASTM D 2843, Standard Test Method for Density of Smoke from the Burning or Decomposition of Plastics.
- They shall meet the criteria of one of the following classifications:
- CC1— Plastic materials that have a burn length of 1 in. (25 mm) or less and flame extinguishment when tested at a nominal thickness of 0.060 in. (1.5 mm), or in the thickness intended for use, in accordance with ASTM D 635, Standard Test Method for Rate of Burning and/or Extent and Time of Burning of Plastics in a Horizontal Position
- CC2— Plastic materials that have a burning rate of 21/2 in./min (64mm/min) or less when tested at a nominal thickness of 0.060 in. (1.5 mm), or at a thickness intended for use, in accordance with ASTM D 635
Indoor children's playground structures shall have a minimum horizontal separation from other structures of 20 ft (6.1 m).