Upon appeals the State Fire Prevention Commission shall have the following powers:
(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the State Fire Marshal, or the Marshal's Deputy or Deputies, based on or made in the enforcement of this chapter;
(2) To hear and decide, in accordance with any duly adopted regulation, requests for special exceptions or for interpretation of regulations or for decisions upon other special questions upon which the State Fire Prevention Commission is required by any regulation to pass;
(3) To authorize a variance from particular provisions of the regulations duly promulgated under § 6604 of this title where strict compliance with such provisions would entail practical difficulties or unnecessary hardships, provided such relief may be granted without substantial detriment to the public safety and without substantially impairing the intent and purpose of the regulations promulgated under § 6604 of this title;
(4) All decisions, authorizations or interpretations made by the State Fire Prevention Commission hereunder shall be written and signed by the Chairperson or Vice-Chairperson and filed in the office of the State Fire Marshal, or the Marshal's Deputy or Deputies, within 30 days following the appeal.
Structure Delaware Code
Subchapter I. State Fire Prevention Commission
§ 6603. State Fire Prevention Commission — Organization and meetings.
§ 6604. State Fire Prevention Commission — Powers and duties.
§ 6606. Annual report; financial statement and budget.
§ 6608. Audits of volunteer fire and ambulance companies.
§ 6609. Appeals to the State Fire Prevention Commission — Procedure.
§ 6610. Appeals to the State Fire Prevention Commission — Powers upon appeals.
§ 6611. Court review of decision of State Fire Prevention Commission; procedure.