CHAPTER 110

FORMERLY

HOUSE BILL NO. 301

AN ACT AMENDING THE DELAWARE CODE RELATING TO THE REORGANIZATION OF THE DEPARTMENT OF PUBLIC SAFETY BY TRANSFERRING THE DIVISION OF MOTOR VEHICLES FROM THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION; TRANSFERRING THE DIVISION OF BOILER SAFETY FROM THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL; ALIGNING THE POWERS AND DUTIES OF THE SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY, THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION, AND THE SECRETARY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO REFLECT THE TRANSFERS OF THE DIVISIONS; RENAMING THE DEPARTMENT OF PUBLIC SAFETY THE DEPARTMENT OF SAFETY AND HOMELAND SECURITY; AND AMENDING TITLES 6, 10, 11, 16, 21, 29, AND 30 OF THE DELAWARE CODE.

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

Section 1. Amend § 5001 (5), Title 6, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 2. Amend § 1009 (c) (12), Title 10, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 3. Amend § 1009 (f), Title 10, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 4. Amend § 2106 (a), Title 11, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 5. Amend § 4104 (e), Title 11, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 6. Amend § 4764 (b) (1), Title 16 Delaware Code, by deleting both references to “Department of Motor Vehicles” and replacing both references with “Division of Motor Vehicles”.

Section 7. Amend § 101 (7), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 8. Amend § 101 (36), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 9. Amend § 101 (51), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 10. Amend Chapter 3, Title 21, Delaware Code, by deleting from the title “Department of Public Safety” and inserting in its place “Department of Transportation and Department of Safety and Homeland Security”.

Section 11. Amend § 301, Title 21, Delaware Code, by deleting from heading “Department” and inserting “Departments” and in the text deleting “Department” and inserting in its place “Department of Transportation and/or the Department of Safety and Homeland Security, in keeping with their respective responsibilities”.

Section 12. Amend § 302, Title 21, Delaware Code, by deleting the first appearance of “Secretary” and inserting in its place “Secretary of Transportation and/or the Secretary of Safety and Homeland Security, in keeping with their respective responsibilities,” and deleting the second appearance of “Secretary” and inserting in its place “Secretary of Transportation and/or the Secretary of Safety and Homeland Security, in keeping with their respective responsibilities,”.

Section 13. Amend § 302, Title 21, Delaware Code, by designating the existing section as (a) and adding a new subsection (b), to read as follows: “Any rules, regulations, procedures or agreements enacted, authorized or entered by the Secretary of Public Safety prior to July 1, 2003 shall remain in effect until such time as these rules, regulations, procedures or agreements are replaced, terminated or amended by the appropriate departmental Secretary.”

Section 14. Amend § 305 (i), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 15. Amend § 305 (p) (1), Title 21, Delaware Code, by deleting “Department of Motor Vehicles” and inserting in its place “Division of Motor Vehicles”.

Section 16. Amend § 307 (a), Title 21, Delaware Code, by deleting existing subsection and inserting in its place “All moneys received by the Division of Motor Vehicles under this title and Title 30 shall be deposited daily to the credit of the Transportation Trust Fund.” and relettering existing subsection (b) as (c ) and creating new subsection (b) “Those funds directed to be received by the Department of Safety and Homeland Security pursuant to Sections 309 or 706 of this title shall be deposited daily to the credit of the State’s General Fund.”

Section 17. Amend § 307 (c), Title 21, Delaware Code, by deleting “Department” and inserting in its place “Departments of Transportation and Safety and Homeland Security.”

Section 18. Amend § 309, Title 21, Delaware Code, by deleting from the heading “Secretary” and inserting in its place “Secretary of Safety and Homeland Security”.

Section 19. Amend § 309 (a), Title 21, Delaware Code, by adding “of Safety and Homeland Security (hereinafter “Secretary”)” after the first occurrence of the word “Secretary.”

Section 20. Amend § 309 (b), Title 21, Delaware Code, by adding “of Safety and Homeland Security” after the word “Secretary.”

Section 21. Amend § 309 (c), Title 21, Delaware Code, by adding “of Safety and Homeland Security (hereinafter “Secretary”)” after the first occurrence of the word “Secretary.”

Section 22. Amend § 310, Title 21, Delaware Code, by deleting from the heading “Secretary” and inserting in its place “Secretary of Safety and Homeland Security”.

Section 23. Amend § 310, Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Safety and Homeland Security” and inserting after “Security” “and Secretary of Transportation”.

Section 24. Amend § 311, Title 21, Delaware Code, by deleting from the heading “Secretary” and inserting in its place “Secretary of Safety and Homeland Security”.

Section 25. Amend § 311, Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Safety and Homeland Security”.

Section 26. Amend § 312 (a), Title 21, Delaware Code, by deleting “Department” and inserting in its place “Department of Safety and Homeland Security”.

Section 27. Amend § 312 (b), Title 21, Delaware Code, by deleting “Department” and inserting in its place “Department of Safety and Homeland Security”.

Section 28. Amend § 313 (a), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Safety and Homeland Security”.

Section 29. Amend § 313 (b), Title 21, Delaware Code, by adding “of Safety and Homeland Security” after the word “Department” and deleting “Department of Public Safety” and inserting in its place “Department of Safety and Homeland Security”.

Section 30. Amend § 401 (a), Title 21, Delaware Code, by deleting all references to “Secretary of Public Safety” and inserting in their places “Secretary of Transportation”.

Section 31. Amend § 401 (b), Title 21 Delaware Code, by deleting all references to “Secretary of Public Safety” and inserting in their places “Secretary of Transportation”.

Section 32. Amend § 404, Title 21, Delaware Code, by deleting all references to “Secretary of Public Safety” and inserting in their places “Secretary of Transportation”.

Section 33. Amend § 407, Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 34. Amend § 408, Title 21, Delaware Code, by deleting all references to “Secretary of Public Safety” and inserting in their places “Secretary of Transportation”.

Section 35. Amend § 410, Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 36. Amend § 420 (a), Title 21, Delaware Code, by deleting “Secretaries of the Departments of Public Safety and Transportation” and inserting in its place “Secretary of the Department of Transportation”.

Section 37. Amend § 420 (b), Title 21, Delaware Code, by deleting “Secretaries of the Departments of Public Safety and Transportation” and inserting in its place “Secretary of the Department of Transportation”.

Section 38. Amend § 420 (c ), Title 21, Delaware Code, by deleting “Secretaries of the Departments of Public Safety and Transportation” and inserting in its place “Secretary of the Department of Transportation.”

Section 39. Amend § 701 (a), Title 21, Delaware Code, by deleting “the Secretary’s deputies” and inserting in its place “the Secretary of Safety and Homeland Security’s deputies” and by deleting “motor vehicle inspectors” and inserting in its place “Division of Motor Vehicles investigators.”

Section 40. Amend § 2112 (d), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation.”

Section 41. Amend § 2119 (b), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation.”

Section 42. Amend § 2132, Title 21, Delaware Code, by deleting from the heading and the text “Secretary of Public Safety” and inserting in its place “Secretary of Transportation.”

Section 43. Amend § 2139C (c), Title 21, Delaware Code, by deleting “Department of Motor Vehicles” and inserting in its place “Division of Motor Vehicles”.

Section 44. Amend § 2151 (7), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 45. Amend § 2197 (a), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 46. Amend § 2197 (f) (2) (b), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Division of Motor Vehicles”.

Section 47. Amend § 2340, Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 48. Amend § 2514 (a), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 49. Amend § 2514 (b), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 50. Amend § 2611 (g) (5), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 51. Amend § 2703 (a) (3), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Office of Highway Safety.”

Section 52. Amend § 2703 (c), Title 21, Delaware Code, by deleting all references to “Department of Public Safety” and inserting in their places “Department of Transportation”.

Section 53. Amend § 2703 (d) (1), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 54. Amend § 2703 (d) (2) (d), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 55. Amend § 2703 (e) (2), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 56. Amend § 2710 (e) (1), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 57. Amend § 2710 (e) (2) (d), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 58. Amend § 2714 (c), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 59. Amend § 2715 (b), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 60. Amend § 2720 (b), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 61. Amend § 2726 (a), Title 21, Delaware Code, by deleting “Beginning July 1, 1985, the Department of Public Safety” and inserting in its place “The Department of Transportation”.

Section 62. Amend § 2726 (e), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 63. Amend § 2904 (a), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 64. Amend § 2904 (b), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 65. Amend § 2904 (c), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 66. Amend § 2905 (d), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 67. Amend § 2906 (b), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 68. Amend § 2906 (b) (3), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 69. Amend § 2908, Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretaries of Safety and Homeland Security and/or Transportation, in keeping with their respective responsibilities,” and by deleting “Secretary” and inserting in its place “Secretary of Safety and Homeland Security”.

Section 70. Amend § 2941, Title 21, Delaware Code, by deleting each occurrence of “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 71. Amend § 2942 (a), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 72. Amend § 2942 (b), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 73. Amend § 2942 (c), Title 21, Delaware Code, by deleting each occurrence of “Secretary of Public Safety” and inserting in their places “Secretary of Transportation”.

Section 74. Amend § 2942 (d), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 75. Amend § 2945 (b), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 76. Amend § 2945 (c), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 77. Amend § 2950 (a), Title 21, Delaware Code, by deleting each occurrence of “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 78. Amend § 2951 (a), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 79. Amend § 2953, Title 21, Delaware Code, by deleting each occurrence of “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 80. Amend § 2954, Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 81. Amend § 2972, Title 21, Delaware Code, by deleting existing section and replacing it with “Any person whose license is suspended as provided in this chapter or whose policy of insurance or bond when required under this chapter is cancelled or terminated or who neglects to furnish other proof upon request of the Secretary of Transportation shall immediately return the person’s license to the Secretary of Transportation. If any person fails to return to the Secretary of Transportation the license as provided herein, the Secretary of Safety and Homeland Security may direct any peace officer to secure possession thereof and to return the same to the Secretary of Transportation.”

Section 82. Amend § 3103 (b), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 83. Amend § 3104 (a) Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 84. Amend § 4101(a)(4), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Safety and Homeland Security (hereinafter “Department)”.

Section 85. Amend § 4101 (d) (7), Title 21, Delaware Code, by deleting “Department of Motor Vehicles” and inserting in its place “Division of Motor Vehicles”.

Section 86. Amend § 4166 (a) (1) (b), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 87. Amend § 4177D Title 21, Delaware Code, by deleting the first occurrence of “Secretary” and inserting in its place “Secretary of Safety and Homeland Security, through the Office of Highway Safety” and by deleting the second occurrence of “Secretary” and inserting in its place “Secretary of Safety and Homeland Security.”

Section 88. Amend § 4177F (i), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 89. Amend § 4177G (f) (3), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 90. Amend § 4185 (b), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Safety and Homeland Security (hereinafter “Secretary”) through the Office of Highway Safety”.

Section 91. Amend § 4402 (a), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Safety and Homeland Security”.

Section 92. Amend § 4402 (e), Title 21, Delaware Code, by deleting “Secretary of Public Safety, upon a form to be to be supplied by the Secretary for that purpose” and inserting in its place “Secretary of Safety and Homeland Security, upon a form to be supplied by the Secretary of Safety and Homeland Security for that purpose”.

Section 93. Amend § 4403, Title 21, Delaware Code, Section by deleting “Department of Highways and Transportation Authority” and inserting in its place “Department of Safety and Homeland Security”.

Section 94. Amend § 4404, Title 21, Delaware Code, by deleting “Department” and inserting in its place “Department of Safety and Homeland Security”.

Section 95. Amend § 4406, Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 96. Amend § 4408, Title 21, Delaware Code, by deleting from the heading “Department” and inserting in its place “Department of Safety and Homeland Security” and by deleting from the text the first instance of “Department” and inserting in its place “Department of Safety and Homeland Security”.

Section 97. Amend § 4410 (a), Title 21, Delaware Code, by deleting “Department” and inserting in its place “Department of Safety and Homeland Security (hereinafter “Department”)”.

Section 98. Amend § 4410 (b), Title 21, Delaware Code, by deleting each occurrence of “Department” and inserting in its place “Department of Safety and Homeland Security”.

Section 99. Amend § 4411, Title 21, Delaware Code, by deleting “Department” and inserting in its place “Department of Safety and Homeland Security”.

Section 100. Amend § 4416, Title 21, Delaware Code, by deleting the first instance of “Department” and inserting in its place “Department of Safety and Homeland Security” and by deleting the third instance of “Department” and inserting in its place “Department of Safety and Homeland Security”.

Section 101. Amend § 4501 (a) (5), Title 21, Delaware Code, by deleting “Secretary” and inserting in its place “Secretary of Safety and Homeland Security”.

Section 102. Amend § 4506 (d)(1), Title 21, Delaware Code, by deleting “Public Safety” and inserting in its place “Safety and Homeland Security”.

Section 103. Amend § 4507 (a), Title 21, Delaware Code, by deleting “Secretary” and inserting in its place “Secretary of Safety and Homeland Security”.

Section 104 . Amend § 4704 (f), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 105. Amend § 4708 (a), Title 21, Delaware Code, by deleting “Secretary’s deputies’ and inserting in its place “Secretary of Safety and Homeland Security’s deputies”.

Section 106. Amend § 4710, Title 21, Delaware Code, by deleting “Secretary’s deputies’ and inserting in its place “Secretary of Safety and Homeland Security’s deputies”.

Section 107. Amend § 4712 (a), Title 21, Delaware Code, by deleting “Secretary’s deputies’ and inserting in its place “Secretary of Safety and Homeland Security’s deputies”.

Section 108. Amend § 4712 (b), Title 21, Delaware Code, by deleting “Secretary’s deputies’ and inserting in its place “Secretary of Safety and Homeland Security’s deputies”.

Section 109. Amend § 6105 (b), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 110. Amend § 6301 (7), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 111. Amend § 6706 (a), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Safety and Homeland Security (hereinafter “Secretary”)”.

Section 112. Amend § 6706 (b), Title 21, Delaware Code, by deleting “Public Safety” and inserting in its place “Safety and Homeland Security”.

Section 113. Amend § 6834, Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 115. Amend § 6901 (c), Title 21, Delaware Code, by deleting “the Department deems fit” and inserting in its place “the Department of Safety and Homeland Security deems fit”.

Section 116. Amend §7501 (2), Title 21, Delaware Code, by deleting “Department” and inserting in its place “Department of Transportation”.

Section 117. Amend § 7501 (5), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 118. Amend § 8111 (1), Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 119. Amend § 8111 (3), Title 21, Delaware Code, by deleting “Secretary of Public Safety” and inserting in its place “Secretary of Transportation”.

Section 120. Amend § 8113, Title 21, Delaware Code, by deleting “Department of Public Safety” and inserting in its place “Department of Transportation”.

Section 121. Amend § 8003 (2), Title 29, Delaware Code, by adding new subsection “(g)” to read as follows: “(g). A Director of the Division of Boiler Safety, who shall be known as the Director of Boiler Safety and who shall have at the time of such appointment a valid commission as an inspector of boilers and pressure vessels with “B” and “N” endorsements by the National Board of Boiler and Pressure Vessel Inspectors. In addition, this person must have not fewer than 5 years of experience in the construction, installation, inspection, operation, maintenance or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer or boiler inspector.”

Section 122. Amend § 8018, Title 29, Delaware Code, by adding new subsection “(7) Director of Boiler Safety”.

Section 123. Amend Chapter 80, Title 29, Delaware Code, by adding new section 8028 to read as follows: “8028. Division of Boiler Safety. (a) The Division of Boiler Safety is established and shall have the powers, duties and functions set forth in this section. The Division shall be responsible for the administrative, ministerial, budgetary, clerical and investigative functions as provided by law. (b) The primary objective of the Division of Boiler Safety is to protect the general public, especially those persons who are owners or users of objects certified by the Division, from unsafe construction, operation, maintenance and repair of boilers, pressure vessels and nuclear installations. The secondary objectives of the Division are to maintain minimum standards of inspector competency and to maintain certain standards in the delivery of services to the public. In meeting these objectives, the Division shall develop standards assuring professional competence, shall monitor complaints brought against inspectors, and shall develop rules and regulations. (c) The mandates of this section shall not apply to the following: (1) Any boiler or pressure vessel which is subject to federal inspection and control; (2) Any pressure vessel used for the transport or storage of compressed gasses and liquids under the control or regulation of the United States Department of Transportation; (3) Any air tank on any vehicle used for carrying passengers or freight and operated under the authority of any other state agency; (4) Any air tank installed on the right-of-way of railroads; (5) Any unfired pressure vessel not exceeding a. Five cubic feet in volume and up to 250 psig working pressure; b. One and one-half cubic feet in volume and up to 600 psig working pressure; c. An inside diameter of 6 inches. (6) Any unfired pressure vessel having an internal and/or external operating pressure not exceeding 15 psig; (7) Any unfired pressure vessel containing water at ambient temperature with a nominal water containing capacity of 120 gallons or less, including those with air or gas cushion, the compression of which serves only as a cushion; (8) Any water filter or softener containing water at ambient temperature when the pressure does not exceed 300 psig; (9) Any pressure vessel under the control of the State Fire Marshal; (10) Any water heater, directly fired with oil, gas or electricity, which shall be equipped with American Society of Mechanical Engineers (ASME) stamped safety relief valves and which cannot exceed any of the following limitations: a. Heat input of 200,000 Btu/hr. or 58,600 watts. b. Water temperature of 210 degrees Fahrenheit. c. Nominal water capacity of 120 gallons. (11) Any coil type hot water boiler without any steam space where water flashes into steam released through a manually operated nozzle unless 1 of the following limitations is exceeded: a. A 3/4-inch diameter tubing or pipe size, with no drum or headers attached; b. Nominal water containing capacity does not exceed 6 gallons; c. Water temperature does not exceed 350 degrees Fahrenheit; d. steam is not generated within the coil. (d) Notwithstanding the provisions of subsection (c ) of this section, the Director, or his or her representative, shall have immediate access to the premises for investigation purposes in the event of an accident related to the construction, operation, maintenance or repair of a boiler, pressure vessel or nuclear installation. (e) Notwithstanding any provision to the contrary, any heating and hot water supply boiler located in an apartment complex or residence of 6 or less living units, or any heating or hot water supply boiler used to heat a single unit, where the heat input does not exceed 100,000 Btu/hr., shall be exempt from field inspection only. (f) The Division of Boiler Safety shall have the authority to specify minimum standards for the fabrication, construction, installation, operation, inspection and repair of all boilers, pressure vessels and nuclear installations in this State, except those exempt under subsection (c ) of this section. (g) The Division of Boiler Safety, with the approval of the Secretary of Natural Resources and Environmental Control, shall establish appropriate fees for all activities and services provided by the Division, including, but not limited to, commissions, inspections and examinations. (h) The Division of Boiler Safety shall have the authority to perform ASME shop reviews and the National Board of Boiler and Pressure Vessel Inspectors (NBBPVI) shop reviews of those manufacturers and repair companies of boilers and pressure vessels in this State. (i) The Division of Boiler Safety shall have the authority to require that all boilers and pressure vessels in this State be inspected by persons commissioned as boiler and pressure vessel inspectors in this State, and to issue a Certificate of Inspection to all boilers and pressure vessels that meet state installation guidelines, except those exempt under subsection (c ) of this section. The Division shall be responsible for inspecting uninsured boilers and pressure vessels. The Director, or his or her representative, shall have immediate access to the site of all installations for inspection purposes and in the event of an accident. Inspection requirements shall be contained in rules and regulations. (1) All owners, users and/or contractors, who are responsible for the installation of boilers or pressure vessels in this State shall obtain a Certificate of Inspection from the Division of Boiler Safety prior to the operation of the boiler or pressure vessel. Notwithstanding this provision, any newly installed boiler or pressure vessel may be operated for testing necessary for issuance of a Certificate of Inspection. (2) Failure to obtain the required Certificate of Inspection shall subject the owner, user and/or contractor to a fine of not less than $1,000 for the first offense and $2,000 for a second or subsequent offense. Justice of the Peace Courts shall have jurisdiction over all violations of this subsection. (j) The Director of the Division of Boiler Safety shall have the authority to issue a commission to an applicant as an inspector of boiler and pressure vessels who meets the following criteria: (1) Shall file a notarized application with the Director and pay the fee established by the Division. (2) Shall obtain a passing score on the validated examination for inspector. (3) Shall possess a valid, current commission issued by the NBBPVI. (4) Shall not have been the recipient of any administrative penalties regarding his or her inspection practices in any other state where he or she has held, or currently holds, a commission. The applicant shall be responsible for providing proof of a valid commission in all states where he or she holds or has held a commission as boiler inspector. (k) All shop inspections required by the ASME Boiler and Pressure Vessel Code shall be performed by a State-commissioned inspector. (l) The Director of the Division of Boiler Safety shall promulgate and enforce rules and regulations, which shall be binding on all persons commissioned by the Division, including manufacturers and users of boilers and pressure vessels. The rules and regulations shall conform, insofar as possible, to the ASME Boiler and Pressure Vessel Code and the NBBPVI’s Inspection Code. (m) The Director of the Division of Boiler Safety shall have the authority to grant a variance, on a case by case basis, to those rules and regulations that pertain to the installation of new boilers to replace existing boilers. (n) The Director of the Division of Boiler Safety shall designate, contract, approve and arrange for the administration of all examinations. (o) The Director of the Division of Boiler Safety shall have the following powers, duties and functions relating to the administration of examinations: (1) Deposit all fees received for testing to be used to cover the costs of all expenses directly related to the administration of examinations. (2) Review, approve and execute all contracts for examination services. (3) Review and approve the content and validity of any examination. (4) Supervise the administration and proctoring of all tests. (p) The Director of the Division of Boiler Safety, or any officer or employee of the Division designated by the Director shall: (1) have the power of a constable pursuant to Subsection 2902 (d) of Title 10, for the sole purpose of executing and serving the 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. (q) The Director shall have the power to suspend or revoke a state commission for a finding of improper conduct. Where an application has been refused or rejected for a commission as inspector in this State, or where a commission has been suspended for improper conduct, the applicant may appeal to the Secretary of Natural Resources and Environmental Control. (r ) The Director shall establish a process for handling citizen complaints regarding the unsafe operation of boilers and pressure vessels in this State, which process shall be promulgated in rules and regulations.”

Section 124. Amend Chapter 80, Title 29, Delaware Code, by adding new section 8029 to read as follows: “8029. Council on Boiler Safety. (a) There is established the Council on Boiler Safety. (b) The Council on Boiler Safety shall serve in an advisory capacity to the Director of the Division of Boiler Safety and shall consider matters relating to the sale, operation, construction and use of boilers in this State and such other matters as may be referred to it by the Governor, Secretary of the Department or the Director of the Division of Boiler Safety. The Council may study, research, plan and advise the Director of the Division of Boiler Safety, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner. (c ) The Council on Boiler Safety shall be composed of 5 members who shall be appointed for terms of 3 years by the Governor. The Council shall be composed of 5 members and preferably 1 shall be a representative of a company licensed to insure boilers and pressure vessels in Delaware; another, a manufacturer who shall have been actively engaged in the manufacture of boilers; another, a user of boilers; another, a mechanical engineer; and the fifth, a licensed stationary engineer. (d) No more than 3 of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council. (e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council. (f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection. (g) Any appointment, pursuant to this section, to replace a member whose position become vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term.”

Section 125. Amend § 8203 (2) (b), Title 29, Delaware Code, by striking the subsection in its entirety and relettering the remaining subsections accordingly.

Section 126. Amend § 8203 (2) (d), Title 29, Delaware Code, by striking the subsection in its entirety and relettering the remaining subsections accordingly.

Section 127. Amend § 8207, Title 29, Delaware Code, by striking the section in its entirety.

Section 128. Amend § 8210, Title 29, Delaware Code, by striking the section in its entirety.

Section 129. Amend § 8211, Title 29, Delaware Code, by striking the section in its entirety.

Section 130. Amend § 8214 (3), Title 29, Delaware Code, by striking the subsection in its entirety and renumbering the subsections accordingly.

Section 131. Amend § 8214 (5), Title 29, Delaware Code, by striking the subsection in its entirety and renumbering the remaining subsections accordingly.

Section 132. Amend § 8404 (2), Title 29, Delaware Code, by adding new subsection “(d)” to read as follows: “(d). A Director of the Division of Motor Vehicles who shall be known as the Director of Motor Vehicles and who shall be qualified by training and experience to perform the duties of the office.”

Section 133. Amend § 8411, Title 29, Delaware Code, by adding new subsection “(9) Director of Motor Vehicles.”

Section 134. Amend Chapter 84, Title 29, Delaware Code, by adding new section 8420 to read as follows: “8420. Division of Motor Vehicles. The Division of Motor Vehicles is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in: (1) The State Highway Department, the State Highway Commission, the Motor Vehicle Department and the Motor Vehicle Commissioner, pursuant to Chapters 1, 3, 7, 21, 23, 25, 27, 29, 41, 42, 43, 44, 61, 63, 65 [repealed], 67, 80 [repealed], and 81 of Title 21; (2) The Reciprocity Commission pursuant to Chapter 4 of Title 21. The Secretary of Transportation shall have the authority to make any necessary agreements pursuant thereto; (3) The Motor Vehicle Commissioner pursuant to Chapter 45 of Title 21, except Sections 4504 and 4505 of Title 21; and (4) the Department of Public Safety, Division of Motor Vehicles.”

Section 135. Amend § 3001 (5), Title 30, Delaware Code, by deleting “Department of Motor Vehicles” and inserting in its place “Division of Motor Vehicles”.

Section 136. Amend § 3002 (a), Title 30, Delaware Code, by deleting “Department of Motor Vehicles for deposit to the credit of the Delaware Transportation Authority” and inserting in its place “Division of Motor Vehicles for deposit to the credit of the Transportation Trust Fund”.

Section 137. Amend § 3003, Title 30, Delaware Code, by deleting from the heading “Commissioner” and inserting in its place “Secretary of Transportation” and in the text deleting “Commissioner of the Department of Motor Vehicles” and inserting in its place “Secretary of Transportation” and deleting “Commissioner” and inserting in its place “Secretary of Transportation”.

Section 138. Amend the Delaware Code by changing all remaining references to the “Department of Public Safety” to the “Department of Safety and Homeland Security” and further by changing all remaining references to the “Secretary of the Department of Public Safety” in the Delaware Code to the “Secretary of the Department of Safety and Homeland Security.”

Section 139. Amend the Delaware Code by changing all remaining references to the “Department of Motor Vehicles” to the “Division of Motor Vehicles.”

Section 140. All provisions of this Act shall become effective on July 1, 2003.

Approved June 30, 2003