CHAPTER 237

FORMERLY

HOUSE BILL NO. 216

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIRE PREVENTION.

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

Section 1. Amend Title 16 of the Delaware Code by adding a new section to read as follows:

"§ 6637. Fire Detection Fund.

(a) This section shall be referred to as the "Delaware Fire Detection Fund".

(b) A special fund of the State is hereby created to be known as the "Delaware Fire Detection Fund". All moneys, including gifts, bequests, grants or other funds from private or public sources specifically designated for the Delaware Fire Detection Fund shall be deposited or transferred to the Fire Detection Fund. Moneys in the Delaware Fire Detection Fund may be saved and deposited in an interest bearing savings or investment account. Interest or other income earned on the moneys in the Delaware Fire Detection Fund shall be deposited or transferred into the Delaware Fire Detection Fund. The Delaware Fire Detection Fund shall not lapse or revert to the General Fund.

(c) Moneys from the Delaware Fire Detection Fund shall be expended for the purpose of providing hard-wired smoke detectors with battery back up to Delaware residences lacking fire detection devices provided, however, any moneys received from State-appropriated funds shall only be used for owner occupied residences. Any moneys derived from private sources may be used for any Delaware residences. Any moneys derived from private sources may be used for any Delaware residences.

(d) The State Fire Marshal is authorized to identify and maintain an approved contractor list of licensed master electricians and licensed fire alarm signaling system companies for the purpose of installing hard-wired smoke detectors. The State Fire Marshal will maintain this approved list in each county in order to minimize costs and maximize efficiency consistent with public safety. This approved list will be furnished to those owners identified as lacking fire detection devices as outlined in paragraph (c).

(e) The State Fire Prevention Commission (Commission) is authorized to adopt rules and regulations necessary to administer the program in accordance with this section. The Commission will establish a priority list to distribute the hard-wired smoke detectors.

(f) The State Fire Marshal shall supervise and administer the program in accordance with any rules and regulations adopted by the Commission through the State Fire Marshal's Office Quality Assurance Program.

(g) The objective of the fund is to ensure the installation of working smoke detectors in every private residence in the State of Delaware."

Section 2. This act shall not become effective until (i) The State Fire Prevention Commission establishes written criteria setting forth the bases for selecting and prioritizing the candidates whose property shall be provided with any smoke detection device, and (ii) those criteria are approved by the General Assembly by a concurrent resolution .

Approved March 27, 2002