(a) As used herein, the terms “bridge” and “bridge with approaches” are defined as structures, including supports, erected over a depression or an obstruction such as water, a highway or a railway, with tracks or passageways for carrying traffic or other moving loads, and with openings measured along the center of the roadway of more than 20 feet (6.1 meters) between undercopings of abutments or spring lines of arches, or the extreme ends of openings for multiple boxes. The term “bridge” shall also include multiple pipe structures where the clear distance between pipe openings is less than half of the smaller pipe diameter(s), and the combined structure exceeds 20 feet (6.1 meters) in total span length.
(b) All bridges and bridges with approaches located on or over public roads must be inspected in accordance with The National Bridge Inspection Standards, as codified in 23 C.F.R. Part 650, Subpart C, as amended, and in accordance with the following provisions:
(1) Such inspections shall be the responsibility of the bridge owner.
(2) The inspections shall be performed by qualified personnel not less frequently than every 2 years, based on the bridge condition and on the schedule set by the Department of Transportation.
(3) Inspection information must be collected, maintained and be available for review as required by the Federal Highway Administration's Recording and Coding Guide for Structure Inventory and Appraisal of the Nation's Bridge.
(4) If the bridge owner does not perform the required inspection on the schedule approved by the Department of Transportation, the Department shall notify the bridge owner and give the bridge owner 60 days to produce the required inspection report.
(5) If the bridge owner fails to produce the required inspection report after notice pursuant to paragraph (b)(4) of this section, the Department shall be empowered to take the following enforcement actions:
a. Perform the inspection, the costs of which shall be borne by the bridge owner. The Department shall have the right to enter the property to perform such inspections, regardless of the ownership of the property; or
b. Close the bridge.
Structure Delaware Code
Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY
§ 501. Use of public road or bridge by railway.
§ 502. Closing of roads during repair.
§ 505. Selling of nonuniform traffic-control devices; penalty.
§ 506. Maintenance priority of roads used for school buses or mail routes.
§ 507. Coordinating new development with local transportation improvements.
§ 508. Dedication of new roads for state maintenance; approval required; security.
§ 509. Highways deemed public roads.
§ 510. Speed limit and weight limits on structure.
§ 511. Injury to roads and bridges; double damages; jurisdiction of courts; procedure and appeal.
§ 512. Injury to roads, bridges, etc.; penalty.
§ 513. Trimming of hedges and removal of trimmings; penalty.
§ 515. Maintenance of unfenced junkyards within certain distance of highways; penalty.
§ 516. Creation or maintenance of nuisance within certain limits.
§ 517. Boulevard corporations.
§ 518. Trash within a certain distance of the highway; penalty.
§ 519. William J. Winchester Bridge.
§ 520. Injury to trees, shrubs, and landscaping.
§ 521. Snow removal in nonmunicipal residential communities.
§ 524. Removal of nonofficial signs from utility poles within state rights-of-way.
§ 525. Maintenance of clear zones within rights-of-way.
§ 527. Coordination with other statutes.
§ 528. Restrictions against vehicle sales activities on State rights-of-way.
§ 529. Inspection requirements for bridge owners.
§ 530. Dedication of right-of-way adjacent to a state highway.
§ 531. Connections to roads within restricted age communities.