CHAPTER 474

FORMERLY

HOUSE BILL NO. 541

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 66, TITLE 16, DELAWARE CODE, RELATING TO PLAN REVIEW FEES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend §6607. Chapter 66, Title 16, Delaware Code, by redesignating paragraph (g) as paragraph (h) and adding a new paragraph (g) to read as follows:

"(g)(1) The State Fire Marshal, or his designee(s) shall review all plans and specifications, with the exception of those political sub-divisions having exclusive jurisdiction under §6606(c) for conformance to the requirements of §6607(a) and (c) of this Section, prior to actual construction for:

(a) all new buildings and additions; for any building undergoing a change in occupancy; or any part of a building suffering damage from fire, explosion, or any other cause; with the exception of buildings used wholly as dwelling houses containing no more than two families and buildings used wholly for farming purposes.

(b) alarm systems, fire protection systems, flammable and combustible liquid or gas installation or other miscellaneous installations falling under the provisions of the State Fire Prevention Rules and Regulations.

(c) subdivision plans.

(2) The State Fire Marshal is authorized to establish a schedule of plan review fees to be paid by the submitter of the plans reviewed under the provisions of §6607(g)(1).

(3) The plan review fees shall be based on actual costs with the initial payment being based on the estimated cost of construction of the building, additions, renovation, alarm system, fire protection systems, or flammable or combustible liquid or gas installations or other miscellaneous installations required to be approved and shall not exceed the following schedule:

(a) 3/10 of 1% up to the first $1,000,000 of con,

(b) 1/10 of 1% over $1,000.000 of cost.

(c) The Fire Marshal must provide a schedule of reduced fees for low life hazard occupancies such as warehouses.

(4) Subdivision plan review fees shall not exceed:

(a) ;25 for each minor subdivision plan,

(b) ;75 for each major subdivision plan.

(5) It is expressly provided that said fees collected by the State Fire Marshal shall not affect the State appropriation or be deducted therefrom, but shall be so much additional monies available for carrying out the provisions of this subsection, and the sald fees shall be paid to the State Treasurer for accounting and deposited in a special fund in the State Treasury.

(6) At the conclusion of two years of operation, the plan review program established by this legislation shall be reviewed. If the program is generating sufficient funding to sustain itself, the program shall be transferred to the General Fund and all revenues generated by this legislation deposited into the General Fund."

Approved July 8, 1986.