§ 6602 — State Fire Prevention Commission — Appointment; qualifications; cause for removal; term of office; members to serve without compensation

(a) The State Fire Prevention Commission shall consist of 7 commissioners as follows: 3 representatives of business and industry to include one from each county to be appointed by the Governor; 3 Delaware volunteer firefighters to include one from each county to be appointed by the Governor; and the immediate past president of the Delaware Volunteer Firefighters’ Association.

(b) The Firefighter Commissioners shall be recommended to the Governor by each Delaware Volunteer Firefighters’ Association County President of the county in which the expired term or vacancy exists within 60 days prior to the expiration of a Commissioner’s term or within 30 days following a vacancy. Each recommendation shall include 3 nominees and any and all necessary information required by the Governor regarding the nominee’s qualifications to serve as a Commissioner.

(c) Business and industry Commissioners shall have knowledge in the areas of the Commission’s jurisdiction and be employed within an industry regulated by or under the authority of the Commissioner.

(d) Commissioners may be removed by the Governor for continued neglect of the duties required by this chapter, or for refusal to act, misconduct, incompetency, or other sufficient cause. Missing 3 consecutive meetings shall presumptively be neglect of duty for purposes of this section.

(e) Commissioners shall be appointed to serve 4-year terms and shall not serve more than 3 terms to ensure that the terms of no more than 2 Commissioners expire in 1 year.

(f) Commissioners shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

(g) No Commissioner, while serving on the State Fire Prevention Commission, shall be an officer of any kind (president/chairperson, president-elect, vice president, secretary, board of directors, or treasurer) of any state or county volunteer firemen’s association, including but not limited to, the Delaware Volunteer Firefighter’s Association, or any professional board, commission, or trade association, or union representing an industry or service regulated by the State Fire Prevention Commission. No Commissioner shall hold a politically elected or appointed position.

Legislative History

16 Del. C. 1953, § 6601; 49 Del. Laws, c. 335 ; 52 Del. Laws, c. 5, § 1 ; 63 Del. Laws, c. 381, § 1 ; 70 Del. Laws, c. 186, § 1 ; 77 Del. Laws, c. 444, § 4 ; 83 Del. Laws, c. 143, § 1