CHAPTER 398

FORMERLY

SENATE BILL NO. 268

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE ADOPTION AND ENFORCEMENT OF A UNIFIED HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION CODE, THE INTERNATIONAL MECHANICAL CODE, AND THE INTERNATIONAL FUEL GAS CODE.

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

Section 1. Amend §1806, Title 24, Delaware Code by adding additional subsections to read as follows:

"(c) Heating, Ventilation, Air Conditioning and Refrigeration Code; International Fuel Gas Code adoption and enforcement.

The State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners shall adopt the most recent version of the International Mechanical Code (IMC) and the International Fuel Gas Code (IFC) within one calendar year of their issuance with whatever modifications the Board deems appropriate. The State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners may adopt and enforce additional Heating, Ventilation, Air Conditioning, and Refrigeration, and Fuel Gas, regulations which shall not be in conflict with the IMC or the IFC.

(d) Local regulations.

Every political subdivision within the State of Delaware, including county, city and municipal governments, shall enforce the International Mechanical Code (IMC) and the International Fuel Gas Code (IFC), as adopted or modified by the State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners. Every political subdivision retains the right to propose additional or modified Heating, Ventilation, Air Conditioning, and Refrigeration (HVACR), and Fuel Gas regulations, which must be submitted in writing to the State Board Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners for review and approval, and which may not be in conflict with the IMC or the IFC. The State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners within sixty days of receiving such proposed changes or additions may thereafter adopt, modify or reject the proposed changes or additions. Upon issuance of the statewide HVACR and/or Fuel Gas regulations every political subdivision shall have the option of adopting and enforcing said regulations, or adopting and enforcing the minimum standards set forth in the most recently adopted version of the IMC and the IFC."

Approved July 15, 2010