HOUSE BILL NO. 170
AS AMENDED BY HOUSE AMENDMENT NO. 1 AS AMENDED BY HOUSE AMENDMENT NO. 1
AND HOUSE AMENDMENT NO. 2
AN ACT TO AMEND CHAPTER 85, TITLE 16 OF THE DELAWARE CODE RELATING TO BOILERS AND THE DIVISION OF BOILER SAFETY OF THE DEPARTMENT OF PUBLIC SAFETY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend Chapter 85, Title V6 of the Delaware Code by adding new Sections 8506 and 8507 which new Sections shall read as follows:
§8506. Powers of enforcement personnel.
The Director of the Division of Boller Safety, or any officer or employee of the Director designated by him shall:
(I) Have the power of a constable pursuant to 10 Del. C. 2902 (d) for the sole purpose of executing and serving administrative inspection warrants, subpoenas and summons Issued under the authority of this State and pursuant to the performance of their duties; and
(2) Have the power to shut down unsafe boilers or pressure vessels pursuant to this Chapter.
§8507. Administrative inspections and warrants.
(a) Issuance and execution of administrative inspection warrants shall be as follows:
(I) Any justice of the peace or judge authorized to issue search warrants In this State may, within his jurisdiction and upon proper oath or affirmation showing a need to Inspect a boiler or pressure vessel, issue warrants for the purpose of conducting administrative inspections authorized by this Chapter or rules hereunder appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, need to inspect exists upon showing a valid public Interest in the effective enforcement of this Chapter or rules hereunder.
(2) A warrant shall Issue only upon an affidavit of a designated officer or
employee having knowledge of the facts alleged, sworn to before the judge or justice of the peace and establishing the grounds for issuing the warrant. If the
judge or justice of the peace Is satisfied that a need exists to inspect the boiler or pressure vessel, he shall Issue a warrant identifying the boiler or pressure vessel to be Inspected, the purpose of the inspection and, if appropriate, the type of boiler or pressure vessel to be inspected. The warrant shall:
a. State the grounds for Its Issuance, and the name of each person whose affidavit has been taken In support thereof; and
b. Be directed to a person authorized by Section 8506 of this Chapter to execute it; and
c. Command the person to whom It Is directed to Inspect the boiler or pressure vessel identified for that purpose specified and, if appropriate, direct shutdown of operation of the boiler or pressure specified; and
d. Identify the boiler or pressure vessel to be shutdown; and
e. Direct that the warrant be served during normal business hours, unless otherwise authorized by the judge or justice of the peace to whom It shall be returned.
(3) A warrant Issued pursuant to this Section must be executed and returned within 10 days of Its date unless, upon a showing of a need for additional time, the court orders otherwise. If a boiler or pressure vessel Is shutdown pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the
boiler or pressure vessel Is shutdown. The return of the warrant shall be made promptly. accompanied by a written Inventory of any property rendered Inoperable.
The inventory shall be made in the presence of a person executing the warrant and of the person from whose possession or premises the boiler or pressure vessel was shutdown, If present, or In the presence of at least one (1) credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the boiler or pressure vessel was shutdown and to the applicant of the warrant.
(4) The judge or justice of the peace who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the Prothonotary in the county In which the inspection was made.
(b) When authorized by an administrative inspection warrant issued pursuant to
the subsection (a), an officer or employee designated by the Director, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge of the boiler or pressure vessel is located for the purpose of conducting an administrative Inspection. When authorized by an administrative Inspection warrant, an officer or employee designated by the Director may inspect boilers and pressure vessels and all equipment pertaining thereto. This Section does not prevent entries and administrative inspections, including shutdowns of boilers or pressure vessels without a warrant:
(1) If the owner, operator, agent In charge or tenant in possession of the premises where the boiler or pressure vessel consents; or
(2) In situations presenting imminent danger to health or safety; or
(3) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
(4) In all other situations In which a warrant is not constitutionally required."
Approved June 15, 1988.