Delaware General Assembly


CHAPTER 195

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF FELTON", BEING CHAPTER 208 OF VOLUME 24, LAWS OF DELAWARE, BY PROVIDING FOR A BOARD OF HEALTH, FIRE REGULATIONS AND MAINTENANCE OF LOTS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of each Branch, concurring therein):

Section 1. That Section 7 shall be amended by adding the following:

Board of Health--The Commissioners may at their discretion appoint a Board of Health who may or may not be residents of the Town and if and when appointed said Board of Health shall be composed of three members. The Board shall serve for one year and shall have cognizance of all matters pertaining to the life and health of the residents of the Town and shall report to the Commissioners in writing whatever is deemed by the Board to be injurious to the health and welfare of the people of the Town. It shall make such recommendations to the Commissioners as may, in its judgment, be beneficial or in any way contribute to the sanitation or public health. The Board shall also have all powers enumerated by the laws of the State of Delaware for local Boards of Health. The power of the Commissioners to adopt ordinances relating to the health of the population of the Town, or to prevent the introduction or spread of infectious or contagious disease or nuisances effecting the same shall extend to an area within one mile outside of the limits of the Town. In the event the Commissioners do not deem it necessary to appoint a Board of Health as herein provided said Commissioners shall have all of the duties and powers herein conferred upon the Board of Health.

Fire Regulations--The Town shall, in like manner, have the power to promulgate, amend and repeal regulations for the safeguarding of life and property from the hazards of fire and explosion. Such regulations, amendments or repealers shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection. In their interpretation and application, the regulations promulgated under this Section shall be held to be the minimum requirements for the safeguarding of life and property from the hazards of fire and explosion. The Town may, in lieu of adopting its own regulations, enforce the regulations as promulgated by the State Fire Prevention Commission pursuant to Chapter 66, Title 16, Delaware Code, as amended. The Town shall have the power to condemn, under the provisions of Chapter 61, Title 10, Delaware Code, buildings and structures which are a fire and health hazard. The Commissioners may appropriate annually such sums as deemed desirable to any duly organized fire company operating within the Town.

Maintenance of Lots--The Town shall further have the power and authority to compel the owners of property within the limits of the Town to keep the same free from unsanitary or unsightly conditions, clear of tall weeds and rubbish, and to fill in any low lots, provided that the Town Commissioners in their opinion shall deem the same to be unsanitary or unsightly or in any other manner prejudicial to the welfare of the Town or adjoining lot owners. The Commissioners shall have the power and authority to pass any ordinance prohibiting or regulating the same.

Approved December 20, 1963.