CPMCBA Packet

CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Wednesday, September 06, 2023, at 3:30 PM City Hall Conference Room, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at appropriate time. When possible, please notify the City Clerk (736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Conference Room with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/sfvq6 Event number: 2539 436 4378 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL TO ORDER ADOPTION OF AGENDA 1. Code Citation: Chapter 46, Fire Prevention and Protection, Article I, In General, Section 46-7, Preventable and malfunctioning alarms to the fire company, Third Preventable or Malfunctioning Fire Alarm. Appeal of Fire Marshal's Decision and Fines- 1200 N. DuPont Hwy (Khalid Zerrad, Delaware State University) ADJOURNMENT THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 1

Item 1. Chapter 46, Ar�cle III. – Fire Codes Sec. 46-125. - Appeal; hearing. Appeal; hearing. Whenever any person is aggrieved by a decision of the fire marshal with respect to the provisions of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals, as provided for in Chapter 22—Buildings and Building Regulations, Article I—In General, Section 22-1—Construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the fire marshal. Upon receipt of such appeal, the construction and property maintenance code board of appeals shall set a time and place, in not less than ten or more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases. (Ord. No. 2016-19 , 8-22-2016) Editor's note— Ord. No. 2016-19 , adopted August 22, 2016, in effect, repealed § 46-125 and enacted a new § 46-125. Former § 46-125 pertained to construction code appeals committee and derived from the Code of 1981; Ord. of 5-10-1982; and Ord. of 11-22-1993. Chapter 46, Article I. – In General Sec. 46-7. - Preventable and malfunctioning alarms to the fire company. (a) Responsibility for malfunctioning and preventable alarms, owner response, and corrective action. (1) Generally. The responsibility for a preventable or malfunctioning alarm shall be that of the owner of the premises in which the fire alarm system is installed. A response to a preventable or malfunctioning alarm shall result when any fire marshal or member of the fire department shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system, by any means whatsoever, and responds thereto by traveling to that premises. After responding to a malfunctioning or preventable alarm, the responding official shall notify the owner or his/her authorized representative and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within 30 minutes after being notified to do so, the fire marshal may issue the owner of the premises a fine as provided for in Appendix F—Fees and Fines. The official or member of the fire department who responded to said premises shall notify the fire marshal's office. 2

Item 1. (2) Malfunction. In the event of a fire alarm deemed by the responding official to be the result of a fire alarm malfunction, the owner will be served a notice of violation form, indicating that the activation was deemed to be the result of a fire alarm malfunction, and requiring the owner to provide documentation that the fire alarm component that caused the fire alarm malfunction has been corrected, to the satisfaction of the fire marshal, and that the fire alarm system in question has actually been examined by a fire alarm technician and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the fire alarm system which was identifiable as the cause of the fire alarm malfunction. Failure to return documentation of service/repair within the period of time stated on the notice of violation, which is satisfactory to the fire marshal, will result in assessment against the owner of a fine for the fire alarm malfunction as provided for in Appendix F—Fees and Fines. (b) Fine charges; multiple fire alarm malfunctions or preventable alarms. (1) Amount of fine. A fine may be assessed for the third and subsequent malfunctioning or preventable alarms at the same premises responded to by the fire department within the prior 12-month period. Thereafter, the fines, as provided for in Appendix F—Fees and Fines, shall be paid by the owner for each preventable or malfunctioning fire alarm responded to by the fire department at the same premises during a 12-month period beginning with the date of the first alarm. (2) Panel reset. Once a preventable alarm or fire alarm malfunction has been responded to by the fire department, it shall be unlawful for the alarm panel to be reset by any person until the authorization of the fire department has been obtained. A fine as provided for in Appendix F—Fees and Fines may be assessed to the owner of a premises where the fire alarm has been reset before the fire department or assisting fire department arrives. (3) Insufficient alarms. When any premises are protected by a fire alarm system that, in the opinion of the fire marshal or his/her deputy(ies), will not safely alarm the occupants of a fire, the fire marshal or his/her deputy(ies) may close said building, or a portion of said building, to human occupancy until the problem with the fire alarm is corrected and a written report from a licensed fire alarm company is submitted to the fire marshal. (Code 1981, § 14-3.6; Ord. of 1-23-1984; Ord. of 7-11-1994; Ord. No. 2009-09, 6-22-2009; Ord. No. 2012-05, 9-24-2012; Ord. No. 2014-21, 9-22-2014 ) Chapter 46, Ar�cle I. – In general Sec. 46-0. - Definitions. 3

Item 1. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Automatic telephone dialing device and digital alarm communicator system means an alarm system which automatically sends a prerecorded voice message or coded signal over regular telephone lines, by direct connection or otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect. Barbecuing—Commercial means the preparation and cooking of food by way of gas grill, charcoal grill, or other apparatus used for the cooking of food by way of flame produced through wood, charcoal, or gas for the purpose of cooking food for the sale to and/or consumption by the general public. Barbecuing—Recreational means the preparation and cooking of food by way of gas grill, charcoal grill, or other apparatus used for the cooking of food by way of flame produced through wood, charcoal, or gas for the purpose of cooking food for the consumption by a family and/or guests or by the membership of a private organization or church congregation. Bollard means a solid post that conforms to the dimensions outlined in this section which is constructed of concrete, steel, or other durable material approved by the Fire Marshal, cored into a hard surface that is buried in the ground, designed to protect buildings and utilities by absorbing the impact of a motor vehicle collision. Code enforcement officer shall mean fire marshals, police officers, and inspectors employed by the city. Emergency shall mean any situation where the Dover Fire Department or any assisting fire department is called to perform firefighting, rescue, or life saving operations within the limits of the city. Fine means the assessment of a monetary charge, payable to the city, authorized pursuant to this section, to defray the expenses of responding to a preventable alarm or alarm malfunction. Fire alarm installation report means a report, in a form approved by the fire marshal, with the following minimum information: (1) The name, address, business and home telephone number of the owner, lessee, operator, manager or person in possession of the premises wherein the alarm system is installed. 4

Item 1. (2) The name, address, and telephone number of a minimum of two persons who can be notified by the Robbins Hose Company in the event of the activation of the alarm system, who shall be capable of responding to the premises within 30 minutes, and who are authorized to enter the premises to ascertain the status thereof. Fire alarm malfunction means the activation of any alarm, which results in the response of the fire department, caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance. Fire alarm system means any mechanical, electrical or radio-controlled device which is designed to emit a sound or transmit a signal or message when activated or any such device which emits a sound and transmits a signal or message when activated because of smoke, heat or fire. Without limiting the generality of the foregoing, the term "fire alarm system" shall be deemed to include audible alarms at the site of the installation of the detection device, proprietor alarms and automatic telephone direct dial devices or digital alarm communicator systems. A single station alarm device shall not be deemed to be an alarm system under this section. Fire alarm technician means any person who inspects, installs, repairs or performs maintenance on fire alarm systems and is licensed by the state or works under a state licensed alarm contractor. Fire protection system shall include any electronic or mechanical system designed and installed to detect and alert, suppress, or seal off smoke and fire from the occupants of a building. Impact protection means any bollards, walls, concrete barriers or other devices, subject to the approval of the fire marshal, used to stop vehicles or equipment in motion. Impairment means any effective lessening of the equipment to operate as designed, including times of maintenance and annual testing. Means of egress means the most current edition of the National Fire Prevention Association Life Safety Code shall be used to determine the definition of the term "means of egress." Open burning means the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Operative alarm system means an alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of the state or the city. 5

Item 1. Outdoor fireplace means any homemade or commercially produced fireplace, fire pit, or fire ring used for the kindling of wood. Owner means any person who owns the premises in which an alarm system is installed or the person or persons who lease, operate, occupy or manage the premises. Premises means any building or structure, or combination of buildings and structures, which serve as dwelling units, single-family or multifamily, or any other area within a building or structure, or combination thereof, which is used for any purpose, other than residential, wherein an alarm system is installed. Preventable alarm means the activation of any alarm, which results in the response of the fire department, caused by the negligence or intentional misuse of the system by the owner or his/her employees, servants or agents; or any other activation not caused by heat, smoke or fire, exclusive of a "fire alarm malfunction" as defined in this section. An alarm is not considered a preventable alarm if the alarm is activated due to malicious causes beyond the control of the owner. Serve means hand-delivery, by a representative of either the fire department or police department, to the owner or authorized representative who responded to the premises. In the event the owner or authorized representative fails to respond to the premises within 30 minutes, the term "serve" shall mean placing the form or other matter in the United States mail, addressed to the owner or authorized representative. Single-station alarm device means an assembly incorporating the detector, control equipment and alarm-sounding device in one unit, operated from a power supply either in the unit, or obtained at the point of installation. ( Ord. No. 2014-21, 9-22-2014 ) TITLE 16 Health and Safety Safety CHAPTER 66. Fire Prevention Subchapter V. False Fire Alarms § 6638. Definitions. As used in this subchapter: (a) “Alarm Activation Report” means a designated form issued by the State Fire Marshal for use by the Fire Chief indicating the alarm signal was found to be the result of a false alarm. 6

Item 1. (b) “Alarm signal” means the activation of a fire alarm signaling system or a fire suppression system that requests a response by a fire department. (c) “Audible alarm” means any device, bell, horn, or siren which is attached to the interior or exterior of a building, emits a warning signal outside the building and is designed to attract attention when activated by a fire. (d) “Dispatch center” means a location specifically configured for the primary purpose of providing emergency communications services, public safety answering point services, and dispatch of fire apparatus to emergency situations. (e) “False alarm” means the activation of a fire alarm signaling system or any audible alarm which results in a response by the fire department and which is not the result of a fire or other emergency. (1) “False alarm” includes: a. Negligently or accidentally activated alarm signals; and b. Alarm signals that are the result of faulty, malfunctioning, or improperly installed or maintained equipment. (2) “False alarm” does not include: a. Alarm signals activated by severe weather conditions; b. Alarm signals activated during the initial 30-day period following new installation; or c. Alarm signals knowingly activated pursuant to § 1245(1) of Title 11, falsely reporting an incident. (f) “Fire alarm contractor” means a person or company licensed by the State Fire Marshal’s Office and engaged in installing, maintaining, monitoring, altering, or servicing fire alarm signaling or fire suppression systems. (g) “Fire alarm signaling monitoring company” means a station or building located remote from the protected premises where fire alarm signals from one or more protected premises are received and from where, upon receipt of such signal, a dispatch center is notified. (h) “Fire alarm signaling system” means an automatic or manual fire alarm or fire suppression system in accordance with the State Fire Prevention Regulations. For the purpose of this legislation, “fire alarm signaling system” does not include typical household single-station smoke detectors in 1- and 2-family dwellings. (i) “Fire chief” means the fire chief or officer in charge of the responding fire department. (j) “Monitored system” means the process by which a fire alarm signaling monitoring company receives signals from a fire alarm system and notifies the dispatch center. (k) “Owner” means any person who owns the premises where the fire alarm signaling system or fire suppression system is installed or the person or persons who lease, operate, occupy, manage the premises, or are bound by the contract for services provided by the fire alarm signaling monitoring company. (l) “Premises” means any building or structure where a fire alarm signaling system is installed. 74 Del. Laws, c. 21, § 1; 77 Del. Laws, c. 444, § 3; § 6639. Initial installation requirements. (a) Upon the installation of a new fire alarm signaling system, the fire alarm contractor shall furnish the owner with written operating instructions and training to enable the owner to use the fire alarm signaling system properly. The fire alarm contractor shall notify the owner of the provisions of this 7

Item 1. chapter and of the State Fire Prevention Regulations upon completion of the installation of the fire alarm signaling system. (b) A “Record of Completion” form, designated by the Office of the State Fire Marshal, containing owner and system information shall be submitted by the fire alarm contractor to the State Fire Marshal for all new fire alarm signaling systems. 74 Del. Laws, c. 21, § 1; 77 Del. Laws, c. 444, § 3; § 6640. Fire alarm signaling monitoring companies. (a) All fire alarm signaling monitoring companies are responsible for directing the call reporting the fire alarm signal to the appropriate dispatch center, and for providing the dispatch center with accurate location information. (b) All fire alarm signaling monitoring companies shall maintain a current contact list of 3 representatives or designees of the owners of which 1 will respond to the premises within 30 minutes to assist the fire department in gaining access to the building. The fire alarm signaling monitoring company shall have current contact information for each representative or designee of the owner. The contact list must be updated on an annual basis. (c) Where an owner is unable to provide a minimum of 3 representatives or designees who can respond within 30 minutes, in accordance with subsection (b) of this section, a lock box containing keys for fire department access shall be provided as specified in the State Fire Prevention Regulations. (d) A $100 civil penalty will be charged if an owner fails to provide either a minimum of 3 representatives or designees who can respond within 30 minutes or a lock box approved by the Office of the State Fire Marshal. (e) A $100 civil penalty shall be charged each time a fire alarm signaling monitoring company violates a provision of this section. (f) For a fire alarm system installed in a single-family dwelling, the fire alarm contractor is responsible to solicit an updated contact list on an annual basis from the owner. It is an affirmative defense if the owner fails to comply with the fire alarm contractor’s requests for information. 74 Del. Laws, c. 21, § 1; 77 Del. Laws, c. 444, § 3; § 6641. Testing of fire alarm signaling systems. (a) No person shall conduct any test or demonstration of a fire alarm signaling system without first contacting the appropriate fire dispatch center and fire alarm signaling monitoring company. The fire dispatch center and fire alarm signaling monitoring company shall also be contacted when the fire alarm test or demonstration is completed. (b) A violation of this section shall be punished as follows: (1) First offense; written warning; no fine. (2) Second offense: $100 civil penalty. (3) Third and subsequent offenses: $500 civil penalty for each offense. (c) For purposes of this section, a fire alarm contractor that employs a person who violates this section will be held accountable for the offense. (d) The offenses will be cumulative for all of the fire alarm contractor’s employees who violate this section within a calendar year. (e) The term “calendar year” shall be January 1, 2004, through December 31, 2004, for the first year and shall be January 1 through December 31 for each subsequent year. 8

Item 1. 74 Del. Laws, c. 21, § 1; 77 Del. Laws, c. 444, § 3; § 6642. Inspection and maintenance of fire alarm signaling systems. (a) The owner shall ensure that the fire alarm signaling system is inspected and tested in accordance with the State Fire Prevention Regulations. (b) The owner shall ensure that the fire alarm signaling system is maintained per manufacturer’s specifications. 74 Del. Laws, c. 21, § 1; 77 Del. Laws, c. 444, § 3; § 6643. Fire alarm activation. (a) The owner shall be responsible for the activation of a fire alarm signaling system. (b) A response to the activation of a fire alarm signaling system shall result when the fire department is dispatched to the premises where the fire alarm signaling system has been activated. (c) In the event that the dwelling fire alarm system, as defined in NFPA 72, is a Monitored System, the fire alarm signaling monitoring company shall be permitted to verify residential alarm signals prior to reporting them to the dispatch center, provided that the verification process does not delay the reporting by more than 90 seconds. (d) Upon determining that a false alarm has occurred at the premises, the fire chief will submit an Alarm Activation Report to the State Fire Marshal’s Office. (e) Resetting an alarm panel by any person prior to the fire chief’s authorization shall be prohibited, and shall be considered a false alarm if the fire chief cannot determine the cause and nature of the alarm activation. 74 Del. Laws, c. 21, § 1; 77 Del. Laws, c. 444, § 3; § 6644. Excessive false alarms prohibited. (a) Owners of a premise protected by a fire alarm signaling system shall not cause more than 3 false alarms within a calendar year. (b) The State Fire Marshal will record the number of Alarm Activation Reports for each premise. (c) An owner that is in violation of subsection (a) of this section will be subject to a civil penalty as follows: (1) Fourth alarm: $100 civil penalty. (2) Fifth alarm: $200 civil penalty. (3) Sixth and subsequent alarms: $250 civil penalty for each offense. (d) The term “calendar year” shall be January 1, 2004 through December 31, 2004 for the first year and shall be January 1 through December 31 for each subsequent year. 74 Del. Laws, c. 21, § 1; 77 Del. Laws, c. 444, § 3; § 6645. Civil penalties and appeals. (a) The State Fire Marshal shall assess all civil penalties as outlined in this subchapter. (b) All civil penalties will be paid within 30 days of assessment. (c) All moneys derived from the civil penalties shall be placed in the Fire Detection Fund pursuant to § 6637 of this title. 9

Item 1. (d) An owner or a fire alarm contractor may appeal the assessment of a civil penalty to the State Fire Prevention Commission in accordance with the State Fire Prevention Regulations. (e) The Justice of the Peace Court shall have jurisdiction over all unpaid civil penalties. 74 Del. Laws, c. 21, § 1; 77 Del. Laws, c. 444, § 3; 10

Item 1. <!Citp of 1JBober August 14, 2023 Delaware State University Khalid Zerrad, Senior Project Manager 1200 N. Dupont Hwy Dover, DE 19901 Re: Appeal of Case #23-3781, Delaware State University - Fire Marshal's Decision 1200 N. Dupont Hwy Dover, DE 19901 Mr. Zerrad: We have received your request to appeal the decision of the Fire Marshal's decision to cite Delaware State University, Case #23-3781 in accordance with Chapter 46, Article I, Section 46-7, Third Preventable or Malfunctioning Fire Alarm. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday, September 6, 2023, at 3:30 p.m. to hear your appeal. This meeting will be held in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 with electronic access via WebEx, which may be accessed through a computer, smartphone, or a telephone call. Below, I have listed the information needed to access the meeting electronically. If you have any additional documentation that you would like the Board to review when considering your appeal, please provide this information to the City Clerk's Office prior to the appeal hearing. Please feel free to contact me by email atcityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Dial: 1-650-479-3208 Link: https://rb.gy/sfvq6 Event number: 25394364378 Event password: DOVER (if needed) Sincerely, Andria L. Bennett City Clerk cc: Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor Mary Ellen Gray, Director of Planning and Community Development Jason Osika, Fire Marshall Sean Christiansen, Deputy Fire Marshall 11

Item 1. From: Bennett, Andria To: City Clerks Office Subject: FW: [EXTERNAL] - RE: [EXTERNAL] - RE: EXTERNAL: RE: [EXTERNAL] - CITY OF DOVER FIRE MARSHAL"S OFFICE SUMMONS Date: Tuesday, August 8, 2023 7:37:05 AM Attachments: image001.png Andria Bennett City Clerk City of Dover P: (302) 736-7009 F: (302) 736-5068 abennett@dover.de.us From: Khalid Zerrad <KZerrad@desu.edu> Sent: Tuesday, August 8, 2023 6:19 AM To: Bennett, Andria <abennett@dover.de.us> Cc: Salina Spencer <sthomson@desu.edu>; Bernard Pratt <bpratt@desu.edu>; Osika, Jason A. <josika@dover.de.us>; Christiansen, Sean <schristiansen@dover.de.us>; LaKresha Moultrie <lmoultrie@desu.edu> Subject: RE: [EXTERNAL] - RE: [EXTERNAL] - RE: EXTERNAL: RE: [EXTERNAL] - CITY OF DOVER FIRE MARSHAL'S OFFICE SUMMONS Good Morning Ms. Bennett, This email is meant as a formal appeal to the City of Dover; the Fire Marshal’s decision to fine Delaware State University (Case # 23-3781) was unreasonable; I wholeheartedly believe that the circumstances that caused the activation were beyond DSU’s control. In light of this, I respectfully ask to schedule a meeting to present my claim adequately. Thank you for taking the time to consider my case. You can contact me if you have any questions. Best Khalid Capital Planning From: Bennett, Andria <abennett@dover.de.us> Sent: Monday, July 31, 2023 4:08 PM 12

Item 1. To: Khalid Zerrad <KZerrad@desu.edu> Cc: Salina Spencer <sthomson@desu.edu>; Bernard Pratt <bpratt@desu.edu>; Osika, Jason A. <josika@dover.de.us>; Christiansen, Sean <schristiansen@dover.de.us> Subject: [EXTERNAL] - RE: [EXTERNAL] - RE: EXTERNAL: RE: [EXTERNAL] - CITY OF DOVER FIRE MARSHAL'S OFFICE SUMMONS Good Afternoon Mr. Zerrad, Thank you for your email. As stated in the email below from Mr. Jason Osika, City of Dover Fire Marshal, whenever any person is aggrieved by a decision of the fire marshal with respect to the provisions in Chapter 46, Sec. 46-125, it is the right of that person to appeal to the construction and property maintenance code board of appeals. Such an appeal must be filed, in writing, within 30 days after the determination by the fire marshal. Once the City Clerk’s office receives your appeal in writing, the construction and property maintenance code board of appeals will set a time and place for the purpose of hearing the appeal. If you have any additional documentation that you would like the Board to review when considering your appeal, please provide this information to the City Clerk’s Office prior to the appeal hearing. You may submit the appeal via email or drop it off at the City Clerk’s Office between the hours of 8:00 a.m. and 5:00 p.m. If you have any questions, please feel free to contact the City Clerk’s Office at 302-736-7008. Respectfully, Andria Bennett City Clerk City of Dover P: (302) 736-7009 F: (302) 736-5068 abennett@dover.de.us From: Khalid Zerrad <KZerrad@desu.edu> Sent: Monday, July 31, 2023 3:45 PM To: Osika, Jason A. <josika@dover.de.us>; Christiansen, Sean <schristiansen@dover.de.us> Cc: Salina Spencer <sthomson@desu.edu>; Bernard Pratt <bpratt@desu.edu>; Bennett, Andria <abennett@dover.de.us> Subject: RE: [EXTERNAL] - RE: EXTERNAL: RE: [EXTERNAL] - CITY OF DOVER FIRE MARSHAL'S OFFICE 13

Item 1. SUMMONS Thank you. Hi Andria, please let me know the next step. Thx Khalid Capital Planning From: Osika, Jason A. <josika@dover.de.us> Sent: Monday, July 31, 2023 3:12 PM To: Khalid Zerrad <KZerrad@desu.edu>; Christiansen, Sean <schristiansen@dover.de.us> Cc: Salina Spencer <sthomson@desu.edu>; Bernard Pratt <bpratt@desu.edu>; Bennett, Andria <abennett@dover.de.us> Subject: [EXTERNAL] - RE: EXTERNAL: RE: [EXTERNAL] - CITY OF DOVER FIRE MARSHAL'S OFFICE SUMMONS Good afternoon, I have cc’d the City Clerk on this email in reference to your appeal. The following is City Ordinance: Chapter 46, Article III. – Fire Codes Sec. 46-125. - Appeal; hearing. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION Appeal; hearing. Whenever any person is aggrieved by a decision of the fire marshal with respect to the provisions of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals, as provided for in Chapter 22—Buildings and Building Regulations, Article I—In General, Section 22-1— Construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the fire marshal. Upon receipt of such appeal, the construction and property maintenance code board of appeals shall set a time and place, in not less than ten or more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases. (Ord. No. 2016-19 , 8-22-2016) Editor's note— Ord. No. 2016-19 , adopted August 22, 2016, in effect, repealed § 46- 125 and enacted a new § 46-125. Former § 46-125 pertained to construction code appeals committee and derived from the Code of 1981; Ord. of 5-10-1982; and Ord. of 11-22-1993. 14

Item 1. Chapter 46, Article I. – In General Sec. 46-7. - Preventable and malfunctioning alarms to the fire company. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION (a) Responsibility for malfunctioning and preventable alarms, owner response, and corrective action. (1) Generally. The responsibility for a preventable or malfunctioning alarm shall be that of the owner of the premises in which the fire alarm system is installed. A response to a preventable or malfunctioning alarm shall result when any fire marshal or member of the fire department shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system, by any means whatsoever, and responds thereto by traveling to that premises. After responding to a malfunctioning or preventable alarm, the responding official shall notify the owner or his/her authorized representative and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within 30 minutes after being notified to do so, the fire marshal may issue the owner of the premises a fine as provided for in Appendix F—Fees and Fines. The official or member of the fire department who responded to said premises shall notify the fire marshal's office. (2) Malfunction. In the event of a fire alarm deemed by the responding official to be the result of a fire alarm malfunction, the owner will be served a notice of violation form, indicating that the activation was deemed to be the result of a fire alarm malfunction, and requiring the owner to provide documentation that the fire alarm component that caused the fire alarm malfunction has been corrected, to the satisfaction of the fire marshal, and that the fire alarm system in question has actually been examined by a fire alarm technician and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the fire alarm system which was identifiable as the cause of the fire alarm malfunction. Failure to return documentation of service/repair within the period of time stated on the notice of violation, which is satisfactory to the fire marshal, will result in assessment against the owner of a fine for the fire alarm malfunction as provided for in Appendix F—Fees and Fines. (b) Fine charges; multiple fire alarm malfunctions or preventable alarms. (1) Amount of fine. A fine may be assessed for the third and subsequent malfunctioning or preventable alarms at the same premises responded to by the fire department within the prior 12-month period. Thereafter, the fines, as provided for in Appendix F —Fees and Fines, shall be paid by the owner for each preventable or malfunctioning fire alarm responded to by the fire department at the same premises during a 12- month period beginning with the date of the first alarm. (2) Panel reset. Once a preventable alarm or fire alarm malfunction has been responded 15

Item 1. to by the fire department, it shall be unlawful for the alarm panel to be reset by any person until the authorization of the fire department has been obtained. A fine as provided for in Appendix F—Fees and Fines may be assessed to the owner of a premises where the fire alarm has been reset before the fire department or assisting fire department arrives. (3) Insufficient alarms. When any premises are protected by a fire alarm system that, in the opinion of the fire marshal or his/her deputy(ies), will not safely alarm the occupants of a fire, the fire marshal or his/her deputy(ies) may close said building, or a portion of said building, to human occupancy until the problem with the fire alarm is corrected and a written report from a licensed fire alarm company is submitted to the fire marshal. (Code 1981, § 14-3.6; Ord. of 1-23-1984; Ord. of 7-11-1994; Ord. No. 2009-09, 6-22- 2009; Ord. No. 2012-05, 9-24-2012; Ord. No. 2014-21, 9-22-2014 ) Chapter 46, Article I. – In general Sec. 46-0. - Definitions. Preventable alarm means the activation of any alarm, which results in the response of the fire department, caused by the negligence or intentional misuse of the system by the owner or his/her employees, servants or agents; or any other activation not caused by heat, smoke or fire, exclusive of a "fire alarm malfunction" as defined in this section. An alarm is not considered a preventable alarm if the alarm is activated due to malicious causes beyond the control of the owner. This would fall under a preventable alarm as it was an activation not caused by heat, smoke, or fire. I have also cc’d my supervisor, Planning, Inspections, and Community Development Director Mary Ellen Gray in reference to your concerns. Let me know if you have any questions or concerns with this email. Thank you. Jason Osika Fire Marshal IAAI-CFI, NFPA-CFI II City of Dover Fire Marshal's Office 15 Loockerman Plaza Dover, DE 19901 Office: 302-736-4457 Fax: 302-736-4217 City Email- josika@dover.de.us 16

Item 1. From: Khalid Zerrad <KZerrad@desu.edu> Sent: Friday, July 28, 2023 4:45 PM To: Osika, Jason A. <josika@dover.de.us>; Christiansen, Sean <schristiansen@dover.de.us> Cc: Salina Spencer <sthomson@desu.edu>; Bernard Pratt <bpratt@desu.edu> Subject: EXTERNAL: RE: [EXTERNAL] - CITY OF DOVER FIRE MARSHAL'S OFFICE SUMMONS Importance: High WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jason, the activation that took place yesterday at the Student Health Center was caused by a dirty smoke detector (see the attached email from APC). DSU has no control over the condition of the smoke detectors; Anaconda does clean all devices during the annual inspection; an email from Craig was provided to your office; that said, I don’t think its fair for DSU to be penalized for activations we have no control over. DSU goes above and beyond to maintain the functionality of all systems that makes the buildings operate; please know if an infraction was preventable, then understand; however, it is almost impossible for DSU to survey every device in all buildings for built-up dust during the year, as I stated, inspecting the devices is performed during the annual inspection. I want to appeal this, and I would like the City to be more flexible with DSU regarding these types of activations. Respectfully! Khalid Capital Planning From: Dover Fire Marshal <noreply+e627542020cadf27@formstack.com> Sent: Friday, July 28, 2023 3:01 PM To: Khalid Zerrad <KZerrad@desu.edu> Subject: [EXTERNAL] - CITY OF DOVER FIRE MARSHAL'S OFFICE SUMMONS Formstack Submission For: CITY OF DOVER FIRE MARSHAL'S OFFICE SUMMONS 17

Item 1. Submitted at 07/28/23 3:01 PM CASE NUMBER: 23-3781 DATE/TIME ISSUED: Jul 28, 2023 02:55 PM FIRE MARSHAL ISSUING THE SUMMONS: SEAN CHRISTIANSEN FIRE MARSHAL EMAIL: schristiansen@dover.dover.de.us Delaware State University RESPONSIBLE PERSON/OCCUPANT ADDRESS: 1200 N. DuPont Hwy Dover, DE 19901 RESPONSIBLE PERSON/OCCUPANT EMAIL: kzerrad@desu.edu DSU Health & Wellness Center LOCATION OF VIOLATION: 1200 N. DuPont Hwy Dover, DE 19901 HOW MANY VIOLATIONS/SUMMONS ARE 1 BEING ISSUED?: CHAPTER 46, ARTICLE I, SECTION 46-7, THIRD PREVENTABLE OR VIOLATION/SUMMONS: MALFUNCTIONING FIRE ALARM, $100.00 VIOLATION/SUMMONS: VIOLATION/SUMMONS : VIOLATION/SUMMONS: VIOLATION/SUMMONS: TOTAL SUMMONS AMOUNT, MAIL TO: CITY OF DOVER, 15 E LOOCKERMAN ST, DOVER DE 19901. ALL FINES DOUBLE IF THEY ARE NOT 18

Item 1. PAID WITHIN 14 DAYS FROM THE ISSUE DATE. $100.00 PLEASE INCLUDE NAME OF BUSINESS AND ADDRESS OF PROPERTY BEING SUMMONED IN THE MEMO LINE OF THE CHECK.: The Dover Fire Department has responded to the above address three (3) times within the last 12 months for a Preventable or Malfunctioning Fire Alarm. Inc: 22-1185 10/18/2022 NOTES: 1408hrs Pull Station in the area of Rm 118 Inc: 22-1458 12/20/2022 0813hrs SD Activation HVAC Contractors Inc: 23-852 7/27/2023 1915hrs SD activation malfunction SD 2 Signature: Copyright © 2023 Formstack, LLC. All rights reserved. This is a customer service email. Formstack, 11671 Lantern Road, Suite 300, Fishers, IN 46038 19

Item 1. 20

Item 1. 21

Item 1. 22

Item 1. 23

Item 1. 24

Item 1. 25

Item 1. 26

Item 1. 27

Item 1. 28

Item 1. 29

Item 1. 30

Item 1. 31

Item 1. 32

Item 1. 33

Item 1. 34

Item 1. 35

Item 1. 36

Item 1. 37

Item 1. 38

Item 1. 39

Item 1. 40

Item 1. 41

Item 1. 42

Item 1. 43

Item 1. 44

Item 1. 45

Item 1. 46

Item 1. 47

Item 1. 48

Item 1. 49

Item 1. 50

Item 1. 51

Item 1. 52

Item 1. 53

Item 1. Location Date Case # Cause of Activation Summonsed / Amount Doubbled (2wks past due) Amount DUE Paid DSU Commons 6/20/2022 No Case Cooking Room 305 1st Offense DSU Commons 7/3/2022 No Case Title 16 Room 222 2nd Offense DSU Commons 7/5/2022 No Case Title 16 Room 206 3rd Offense 7/21/22 -$100 DSU Commons 7/21/2022 22-3760 Title 16 Room 201 4th Offense 7/21/22- $200 $400 $200 $200 8/26/2022 DSU Commons 7/22/2022 22-3791 Construction 5th Offense 7/25/22-$250 $500 $500 DSU Commons 8/2/2022 22-3918 Title 16 Room 312 6th Offense 8/2/22-$250 $500 $250 $250 10/21/2022 DSU Commons 8/6/2022 22-4284 Malfunction Room 303 7th Offense 8/8/22 -$250 $250 9/8/2022 DSU Commons 8/6/2022 22-4282 Malfunction Room 303 8th Offense 8/8/22-$250 $500 $500 DSU Commons 8/8/2022 22-3993 Matress in Pool After NOV issued $1,000 $2, 000.00 $2, 000.00 DSU Commons 8/27/2022 22-4282 Malicious Act Room 502 9th Offense 8/29/22-$250 $500 $500 DSU Commons 8/28/2022 22-4284 Title 16 Room 502 10th Offense 8/29/22-$250 $250 9/8/22 DSU Commons 9/2/2022 22-4390 Mattress in Pool 2nd Summons After NOV issued $1,000 $1000 9/8/2022 DSU Commons 9/13/2022 22-4390 Malfunction Fire Alarm 11th Offense 9/13/2022 $250 $250 9/21/2022 DSU Commons 9/15/2022 22-4445 Title 16 Room 521 12th Offense 9/15/2022 $250 $250 9/21/2022 DSU Commons 9/15/2022 22-4468 Spray Unknown Aersol Room 302 13th Offense 9/15/2022 $250 $250 9/28/2022 DSU Commons 9/28/2022 22-4596 Title 16 Room 408 14th Offense 9/28/2022 $250 $500 $250 $250 10/21/2022 DSU Commons 10/20/2022 22-4785 Unattended Cooking Room 622 15th Offense 10/20/2022 $250 $250 $250 11/8/2022 DSU Commons 11/4/2022 22-5021 Title 16 Room 616 16th Offense 11/14/2022 $250 $250 PD11/28/2022 DSU Commons 11/29/2022 22-5154 Cooking Room 401 17th Offense 11/30/2022 $250 $250 12/27/2022 DSU Commons 3/1/2023 23-1040 Cooking Room 210 18th Offense 3/3/2023 $500.00 $250 $250 3/22/2023 DSU Commons 7/28/2023 23-3783 Hairspray SD M2 182 19th Offense 7/28/2023 $250 TOTAL: $4,950.00 DSU Jenkins 6/30/2022 No Case Malfunction 3rd floor SD 1st Offense DSU Jenkins 7/4/2022 No Case Malfunction 3rd floor SD 2nd Offense DSU Jenkins 7/23/2022 No Case Malfunction 1st floor SD 3rd Offense DSU Jenkins 8/28/2022 22-4287 Malfunction 4th Floor WF (no 4th Floor) 4th Offense $200 $200 9/8/2022 DSU Jenkins 10/7/2022 22-4702 Malfunction Duct Detector Alerted FD 5th Offense $250 $500 $250 $250 12/12/2022 Total: $250 DSU Baker 2/21/2023 23-809 Malfunction SD West Classrooms 3rd Offense $100 2/21/2023 $200 $100 $100 3/14/2023 Total $100 DSU Warren Frankiln 9/20/2022 No Case Lysol Sprayed in SD E26 1st Offense DSU Warren Frankiln 9/26/2022 No Case SD Malfunction E443 2nd Offense DSU Warren Frankiln 9/26/2022 22-4558 SD Vaping W31 3rd Offense $100 $200 $100 $100 10/24/2022 DSU Warren Frankiln 10/5/2022 22-4669 Unknown Reset by DSUPD 4th Offense $200 $400 $200 $200 10/24/2022 DSU Warren Frankiln 10/5/2022 22-4669 Panel Reset $50 $100 $50 $50 10/24/2022 DSU Warren Frankiln 10/10/2022 22-4703 Unattended Cooking W37 5th Offense $250 $500 $250 $250 12/12/2022 DSU Warren Frankiln 10/17/2022 22-4748 Cleaning Product / Panel Reset 6th Offense $250 Rest $50 $600 $300 $300 11/8/2022 DSU Warren Frankiln 10/25/2022 22-4861 Malfunctioning SD W27A 7th Offense $250 $500 $250 $250 12/12/2022 DSU Warren Frankiln 11/2/2022 22-5022 Preventable / Burnt Hair 8th Offense $250 11/14/2022 $250 PD 11/28/2022 DSU Warren Frankiln 11/4/2022 22-5022 Preventable / Smoking W14B 9th Offense $250 11/14/2022 $250 PD 11/28/2022 DSU Warren Frankiln 11/5/2022 22-5022 Preventable / Burnt Food 10th Offense $250 11/14/2022 $250 PD 11/28/2022 DSU Warren Frankiln 11/7/2022 22-5022 Preventable / Haid Dryer 11th Offense $250 11/14/2022 $250 PD 11/28/2022 DSU Warren Frankiln 11/9/2022 22-5022 Preventable / Hair Iron 12th Offense $250 11/14/2022 $250 PD 11/28/2022 DSU Warren Frankiln 11/12/2022 22-5023 Malfunction Room E33 13th Offense 11/14/2022 $250 PD 11/28/2022 DSU Warren Frankiln 11/17/2022 22-5062 Preventable / Hair Room W22 14th Offense 11/18/2022 $500 $250 $250 12/13/2022 DSU Warren Frankiln 11/27/2022 22-5099 Malfunction SD Room C27 15th Offense 11/28/2022 250 PD 12/13/2022 54

Item 1. DSU Warren Frankiln 11/29/2022 22-5147 Title 16 & Airfryer Room E25 16th Offense 11/30/2022 $250 PD 12/13/2022 DSU Warren Frankiln 12/4/2022 22-5219 Malfunction Room W24A 17th Offense 12/5/2022 $250 PD 12/13/2022 DSU Warren Frankiln 12/4/2022 22-5220 Smoking & Cooking Room W31A 18th Offense 12/5/2022 $250 PD 12/13/2022 DSU Warren Frankiln 2/13/2023 23-667 Smoking Room W27C 19th Offense 2/13/2023 $250 PD 2/21/2023 DSU Warren Frankiln 2/21/2023 23-803 "Cleaning Spray" Room W26A 20th Offense 2/21/2023 $500 $250 $250 3/14/2023 DSU Warren Frankiln 2/21/2023 23-803 Imparment of Sprinkler head W26A 2/21/2023 $200 $100 $100 3/14/2023 DSU Warren Frankiln 3/3/2023 23-1042 Impairment of SD Laundry Room 5th Floor 3/3/2023 $150 PD 3/22/2023 DSU Warren Frankiln 3/4/2023 231050 Water Flow 4th Floor Malfunction 21st Offense $250 PD3/22/2023 DSU Warren Frankiln 3/20/2023 23-1321 Bueaty Products in room W26B 22nd $500 $500 DSU Warren Frankiln 6/24/2023 23-3285 Smoking Room W28C 23rd $250 $500 Total: $2,750 DSU Downtown Gooding 6/9/2022 No Case Malfunction Room 118 1st Offense DSU Downtown Gooding 11/15/2022 No Case Preventable Title 16 Room 317 2nd Offense DSU Carpenter Hall 11/30/2022 No Case Malfunction SD3-35 1st Offense DSU Downtown Williams 8/23/2022 22-4835 Malfunction SD Room 213 3rd Offense DSU Downtown Williams 9/14/2022 22-4835 Preventable Cleaning Room 221 4th Offense DSU Downtown Williams 10/13/2022 22-4835 Malfunction SD Room 210 5th Offense DSU Downtown Williams 10/20/2022 22-4835 Preventable Title 16 Room 221 6th Offense $250 $250 $250 11/8/2022 DSU Downtown Williams 10/28/2022 22-4885 Prevebtable Title 16 Room 303 7th Offense $250 $500 $250 $250 12/12/2022 DSU Downtown Williams 12/5/2022 22-5236 Preventable Cooking Room 113 8th Offense $250 $500 $250 $250 12/27/2022 DSU Downtown Williams 4/17/2023 23-1889 Malfunction SD room 102 9th Offense $250 $250 $250 $250 4/27/2023 Total: $500 DSU Wellness Center 7/28/2023 23-3781 Malfunction or Preventable FA 3rd Offense 7/28/2023 $100.00 Paid on time or in full Total: $8,650 Not Paid or Balance remains As of 8/8/2023 55