CHAPTER 166

FORMERLY

HOUSE BILL NO. 326

AN ACT TO AMEND TITLE 9, TITLE 14, TITLE 16, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO ACCESS TO PUBLIC LAND BY CERTAIN PUBLIC AGENCIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §309, Title 9 of the Delaware Code by striking the title to said section, and substituting in lieu thereof the following:

"§309. Ambulance, Fire Protection and Police Services; Appropriations."

Section 2. Amend §309, Title 9 of the Delaware Code by redesignating all of the present section as subsection (a), and by adding to said section the following:

"(b) Where an area of real property owned by a county is bounded by a wall, fence or other structure which has gates or other lockable entrances, the county shall notify those public agencies within the county which provide ambulance, fire and police services of the location of such gates and entrances. A key to each such enclosed area shall be provided by the county to the ambulance service, fire company and police department which is closest to the enclosed area. For purposes of this section, the words "real property" shall include all unimproved land only and shall not include buildings."

Section 3. Amend §4109, Title 14 of the Delaware Code by striking the title to said section, and substituting in lieu thereof the following:

"§4109. School Property; Health and Safety Requirements."

Section 4. Amend §3109, Title 14 of the Delaware Code by adding thereto a new subsection, designated as subsection (c), which new subsection shall read as follows:

"(c) Where an area of real property which is owned or administered by a school district is bounded by a wall, fence or other structure which has gates or other lockable entrances, the local Board of Education shall notify the nearest providers of ambulance, fire and police services of the location of such gates and entrances. The local Board of Education shall provide to the ambulance service, fire company or police department a key of each such enclosed area with the Board's jurisdiction. For purposes of this section, the words "real property" shall include all unimproved land only and shall not include buildings."

Section 5. Amend Chapter 1, Title 22 of the Delaware Code by adding thereto a new section, designated as §108, which new section shall read as follows:

"§108. Ambulance, Fire Protection and Police Services.

Where an area of real property owned by a municipality is bounded by a wall, fence or other structure which has gates or other lockable entrances, the municipality shall notify those public agencies within the municipality which provide ambulance, fire and police services of the location of such gates and entrances. A key to each such enclosed area shall be provided by the municipality to the ambulance fire company and pollee department which is closest to the enclosed area. For purposes of this section, the words "real property" shall include all unimproved land only and shall not include buildings."

Section 6. Amend Chapter 4, Title 29 of the Delaware Code by adding thereto a new section, designated as §407, which new section shall read as follows:

"§407. Emergency Access to Certain State Lands.

Where an area of real property owned by this State is bounded by a wall, fence or other structure which has gates or other lockable entrances, the Department shall notify those ambulance, fire and police services which are nearest to the enclosed area of the location of such gates and entrances. The Department shall provide the ambulance Service, fire company or police department nearest each such enclosed area a key to each entrance. For purposes of this section, the words "real property" shall include all improved land only and shell not include buildings."

Approved July 14, 1981.