Subchapter VII. Immunity for Distribution of Fire Safety Devices and Equipment
§ 6850. Smoke detectors.
(a) No nonprofit organization, municipality, town, county or other political subdivision of this State, or duly organized
fire company, including volunteer fire companies, that distributes any type of smoke detection device and/or batteries free
of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately
caused by an alleged defect in the design, manufacturing, maintenance or operation of any smoke detection device and/or battery
distributed pursuant to this section. No duly organized fire company, including volunteer fire companies, and no firefighter
thereof, that mounts a battery-operated smoke detection device on a wall or ceiling, or that installs batteries in a battery-operated
smoke detection device, free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury
to person or property proximately caused by the installation of the smoke detection device and/or battery pursuant to this
section. The immunity provided by this section does not apply if the smoke detection device or battery is sold or offered
for sale or with respect to the installation of a smoke detection device if the firefighter does not test the smoke detection
device upon installation. Nothing in this section is intended to limit any liability on the part of the manufacturer, distributor
or retailer of a smoke detection device or battery.
(b) The immunities granted in subsection (a) of this section apply only to the degree and extent that no insurance coverage
exists.
73 Del. Laws, c. 147, § 1.;
§ 6851. Donations to volunteer fire department [Effective May 27, 2010]
(a) Liability protection. -- A person who donates qualified fire control or rescue equipment to a volunteer fire department
shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the equipment after
the donation.
(b) Exceptions. -- Subsection (a) of this section does not apply to a person if:
(1) The person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;
(2) The person is the manufacturer of the qualified fire control or rescue equipment; or
(3) The person modified or altered the equipment after it had been recertified by an authorized technician as meeting the
manufacturer's specifications.
(c) Definitions. --
(1) "Authorized technician" means a technician who has been certified by the manufacturer of fire control or fire rescue equipment
to inspect such equipment. The technician need not be employed by a state or local agency administering the distribution of
the fire control or fire rescue equipment.
(2) "Fire control or rescue equipment" shall be understood to include any fire vehicle, fire fighting tool, communications
equipment, protective gear, fire hose, or breathing apparatus.
(3) "Person" shall be understood to include any governmental or other entity.
(4) "Qualified fire control or rescue equipment" shall mean fire control or fire rescue equipment that has been recertified
by an authorized technician as meeting the manufacturer's specifications.
(5) "Volunteer Fire Department" shall mean those volunteer fire departments which are subject to certification and regulation
by the State Fire Prevention Commission.
(d) Effective date. -- This section applies only to liability for injury, damage, loss, or death caused by equipment that,
for purposes of subsection (a) of this section, is donated on or after May 27, 2010.
Subchapter VII. Immunity for Distribution of Fire Safety Devices and Equipment
§ 6850. Smoke detectors.
(a) No nonprofit organization, municipality, town, county or other political subdivision of this State, or duly organized
fire company, including volunteer fire companies, that distributes any type of smoke detection device and/or batteries free
of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately
caused by an alleged defect in the design, manufacturing, maintenance or operation of any smoke detection device and/or battery
distributed pursuant to this section. No duly organized fire company, including volunteer fire companies, and no firefighter
thereof, that mounts a battery-operated smoke detection device on a wall or ceiling, or that installs batteries in a battery-operated
smoke detection device, free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury
to person or property proximately caused by the installation of the smoke detection device and/or battery pursuant to this
section. The immunity provided by this section does not apply if the smoke detection device or battery is sold or offered
for sale or with respect to the installation of a smoke detection device if the firefighter does not test the smoke detection
device upon installation. Nothing in this section is intended to limit any liability on the part of the manufacturer, distributor
or retailer of a smoke detection device or battery.
(b) The immunities granted in subsection (a) of this section apply only to the degree and extent that no insurance coverage
exists.
73 Del. Laws, c. 147, § 1.;
§ 6851. Donations to volunteer fire department [Effective May 27, 2010]
(a) Liability protection. -- A person who donates qualified fire control or rescue equipment to a volunteer fire department
shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the equipment after
the donation.
(b) Exceptions. -- Subsection (a) of this section does not apply to a person if:
(1) The person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;
(2) The person is the manufacturer of the qualified fire control or rescue equipment; or
(3) The person modified or altered the equipment after it had been recertified by an authorized technician as meeting the
manufacturer's specifications.
(c) Definitions. --
(1) "Authorized technician" means a technician who has been certified by the manufacturer of fire control or fire rescue equipment
to inspect such equipment. The technician need not be employed by a state or local agency administering the distribution of
the fire control or fire rescue equipment.
(2) "Fire control or rescue equipment" shall be understood to include any fire vehicle, fire fighting tool, communications
equipment, protective gear, fire hose, or breathing apparatus.
(3) "Person" shall be understood to include any governmental or other entity.
(4) "Qualified fire control or rescue equipment" shall mean fire control or fire rescue equipment that has been recertified
by an authorized technician as meeting the manufacturer's specifications.
(5) "Volunteer Fire Department" shall mean those volunteer fire departments which are subject to certification and regulation
by the State Fire Prevention Commission.
(d) Effective date. -- This section applies only to liability for injury, damage, loss, or death caused by equipment that,
for purposes of subsection (a) of this section, is donated on or after May 27, 2010.
Subchapter VII. Immunity for Distribution of Fire Safety Devices and Equipment
§ 6850. Smoke detectors.
(a) No nonprofit organization, municipality, town, county or other political subdivision of this State, or duly organized
fire company, including volunteer fire companies, that distributes any type of smoke detection device and/or batteries free
of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately
caused by an alleged defect in the design, manufacturing, maintenance or operation of any smoke detection device and/or battery
distributed pursuant to this section. No duly organized fire company, including volunteer fire companies, and no firefighter
thereof, that mounts a battery-operated smoke detection device on a wall or ceiling, or that installs batteries in a battery-operated
smoke detection device, free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury
to person or property proximately caused by the installation of the smoke detection device and/or battery pursuant to this
section. The immunity provided by this section does not apply if the smoke detection device or battery is sold or offered
for sale or with respect to the installation of a smoke detection device if the firefighter does not test the smoke detection
device upon installation. Nothing in this section is intended to limit any liability on the part of the manufacturer, distributor
or retailer of a smoke detection device or battery.
(b) The immunities granted in subsection (a) of this section apply only to the degree and extent that no insurance coverage
exists.
73 Del. Laws, c. 147, § 1.;
§ 6851. Donations to volunteer fire department [Effective May 27, 2010]
(a) Liability protection. -- A person who donates qualified fire control or rescue equipment to a volunteer fire department
shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the equipment after
the donation.
(b) Exceptions. -- Subsection (a) of this section does not apply to a person if:
(1) The person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;
(2) The person is the manufacturer of the qualified fire control or rescue equipment; or
(3) The person modified or altered the equipment after it had been recertified by an authorized technician as meeting the
manufacturer's specifications.
(c) Definitions. --
(1) "Authorized technician" means a technician who has been certified by the manufacturer of fire control or fire rescue equipment
to inspect such equipment. The technician need not be employed by a state or local agency administering the distribution of
the fire control or fire rescue equipment.
(2) "Fire control or rescue equipment" shall be understood to include any fire vehicle, fire fighting tool, communications
equipment, protective gear, fire hose, or breathing apparatus.
(3) "Person" shall be understood to include any governmental or other entity.
(4) "Qualified fire control or rescue equipment" shall mean fire control or fire rescue equipment that has been recertified
by an authorized technician as meeting the manufacturer's specifications.
(5) "Volunteer Fire Department" shall mean those volunteer fire departments which are subject to certification and regulation
by the State Fire Prevention Commission.
(d) Effective date. -- This section applies only to liability for injury, damage, loss, or death caused by equipment that,
for purposes of subsection (a) of this section, is donated on or after May 27, 2010.