CHAPTER 34

FORMERLY

HOUSE BILL NO. 112

AS AMENDED BY

SENATE AMENDMENT NO. 1

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 (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 6611(b) of Title 16 of the Delaware Code by inserting after “Chapter” and before “shall” as follows:

“with the exception of exceeding the posted occupant load in a place of assembly as outlined in § 6611(c).”.

Section 2. Further Amend § 6611 of Title 16 of the Delaware Code by relettering the existing (c), (d), (e) and (f) as (d), (e), (f) and (g) and inserting a new “§ 6611(c)” as follows:

“(c). Whoever knowingly violates the regulation of exceeding the posted occupant load in a place of assembly, as defined in the Delaware State Fire Prevention Regulations, shall be fined at least $10 but not more than $100 per person exceeding the posted occupant load as determined by the State Fire Marshall.”.

Section 3. Further Amend § 6611 of Title 16 of the Delaware Code by inserting the following as a new “§ 6611(h)” as follows:

“(h). All monies derived from a violation of subsection (c) of this section shall be placed in a special fund to be used by the State Fire Marshal to carry out the provisions of this Chapter. Fines that are a result of violations of this Chapter that occur within the jurisdiction of the Jurisdictional Fire Marshals shall be placed in a separate special fund to be used in that jurisdiction to carry out the provisions of this Chapter.”.

Approved May 15, 2003