CHAPTER 408

FORMERLY

HOUSE BILL NO. 493

AS AMENDED BY HOUSE AMENDMENT NO. 4 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 66, TITLE 16, DELAWARE CODE, RELATING TO PLAN REVIEW FEES AND THE FEE STRUCTURE FOR LICENSES, PERMITS, AND CERTIFICATES ISSUED UNDER THE STATE FIRE PREVENTION REGULATIONS.

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 §6603, Chapter 66, Title 16, Delaware Code, by striking the third sentence commencing with the words "Wherever" and ending with the word "license" and inserting a new sentence to read as follows:

"Whenever such regulations and amendments require the issuance of permits or licenses, the Commission is authorized to issue such permits or licenses according to the provisions and schedules in §6607 of this Title."

Section 2. Amend §6607, Chapter 66, Title 16, Delaware Code, by

redesignating paragraph (g)(5) as paragraph (g)(6) and striking the existing paragraph (g)(6) in its entirety and inserting a new paragraph (g)(5) to read as follows:

"The State Fire Marshal with the approval of the State Fire Prevention Commission, where such regulations or amendments duly promulgated under the authority of the State Fire Prevention Commission, require the issuing of a permit, license or certificate, is authorized to issue such permits, licenses or certificates and to establish a schedule of fees not to exceed the following schedule:

(1) A maximum of $100 per Fire Alarm Signalling System or Fire Suppression System, where a license is issued under the preceding provision of this section, for wholly owned or Proprietary Fire Alarm Signalling Systems or Fire Suppression Systems, serviced by the system owner.

(1) A maximum of $50 for a license to service portable unit fire suppression appliances.

(c) The fees as authorized in paragraph (g)(5) shall be the
maximum so charged by the State Fire Prevention Commission and every two years shall be reviewed by the Department of Finance, the Controller General and the State Fire Marshal.

(d) All fees associated with the permitting, licensing or
certification processes shall be annual fees, payable on a date as scheduled by the State Fire Marshal."

Section 3. Amend §6607(g)(3)a, Chapter 66, Title 16, Delaware Code, by

striking the phrase "3/10 of 1%" and inserting in lieu thereof the phrase "4/10 of 1% on July 1, 1992 and 5/10 of 1% on July 1, 1993".

Section 4. Amend §6607(g)(3)b, Chapter 66, Title 16, Delaware Code, by

striking the fraction "1/10" and inserting in lieu thereof the fraction "2/10".

Section 5. Amend §6607(g)(3)c, Chapter 66, Title 16, Delaware Code, by

redesignating said paragraph c as paragraph d and inserting a new paragraph c to read as follows:

"c With respect to the provisions of paragraph (g)(3)a and (g)(3)(b), the minimum fee for any plan review shall be no less than $100."

Section 6. Amend §6607(g)(4), Chapter 66, Title 16, Delaware Code, by

striking said subsection (4) in its entirety and inserting a new subsection (4) to read as follows:

"(4) Subdivision plan review fees shall be set at $100."

Section 7. Amend §6607(g), Chapter 66, Title 16, Delaware Code, by adding thereto a new paragraph to read as follows:

"(g)(7) The fees as authorized for the Plan Review process shall be the maximum allowed by the State Fire Prevention Commission and will be a cap, that every two years a review shall be conducted by the Department of Finance, the Controller General and the State Fire Marshal, based upon the revenue experience and the anticipated funding needs of the Technical Services Division of the State Fire Marshal's Office, to revise the fees according to the anticipated funding needs of the State Fire Marshal's Office Technical Services Division, incorporating the Plan Review, Licensing and additional consultative services."

Section 8. Amend §6607(g)(2), Title 16, Delaware Code by deleting the "." at the end of said subsection and inserting the following thereto:

", except that no fees shall be charged for projects financed in excess of fifty (50) percent by State funds, and projects financed under Chapters 40 and 45, Title 31, Delaware Code."

Section 9. Amend §6607(g)(6), Title 16, Delaware Code by adding the

following after the first sentence of said subdivision:

Said fees included in this subsection herein shall not be charged for projects financed in excess of fifty (50) percent by State funds, and projects financed under Chapters 40 and 45, Title 31, Delaware Code."

Section 10. Amend §6607(g), Chapter 66, Title 16, Delaware Code, by adding thereto a new paragraph to read as follows:

"(8) The permit, licensing and plan review fee requirements of this chapter shall not apply to municipalities, towns or other subdivisions of this State or to Fire Companies that wish to construct improvements upon their Fire stations."

Approved July 17, 1992.