9 Del. C. § 2616: Emergency Communication Systems [Effective Feb. 1, 2027].

(a) “Emergency communications equipment” includes, but is not limited to: repeater systems, 2-way radio communications, signal boosters, bi-directional amplifiers, radiating cable systems or internal antenna or any combination of the foregoing.

(b) “Emergency public safety personnel” includes firefighters, emergency medical services personnel, law-enforcement officers and other personnel routinely called upon to provide emergency assistance to members of the public in a wide variety of emergency situations, including but not limited to, fires, medical emergencies, crimes and terrorist attacks.

(c) “Modified” or “renovated” is defined as meeting 1 of the following:

(1) A structure is 25,000 square feet (2323 m2) or more of gross floor area, and

a. The area modified or renovated is 40% or more of the total building floor area, or

b. The area modified or renovated includes structural modifications, changes in building materials, or the installation of assemblies or systems that are reasonably expected to attenuate radio frequency (RF) signal propagation, including low-emissivity glass, reinforced concrete, metalized insulation, or similar materials.

(2) A structure of less than 25,000 square feet (2323 m2 ) is modified or renovated to a gross floor area of 25,000 square feet (2323 m2 ) or more.

(d) “Newly constructed buildings” are defined as any structure of 25,000 square feet or more for which a building permit is issued commencing February 24, 2008. New construction shall not be construed as a renovation or modification of a building, or an expansion or addition to a building which is contiguous to an existing building for which a permanent certificate of occupancy was in effect by February 24, 2008. A structure shall be considered new construction even if it is physically connected to an existing structure exempt from the provisions of this section if it is not contiguous to the structure. “Contiguous structures” shall mean at least 2 structures that share a common wall or floor.

(e) The zoning ordinance and regulations adopted pursuant to this section shall provide that newly constructed buildings of 25,000 square feet of gross floor area or more and any modified or renovated portion of a building shall be designed, constructed and/or equipped so that they meet the GAT (grid acceptance test) at 95% compliance for 800 MHz public safety in-building communications coverage. The in-building coverage required under this section may occur naturally or may require in-building “emergency communications equipment” as defined in subsection (a) of this section.

(f) No issuing agency shall award a permanent certificate of occupancy unless a building affected under this section meets the GAT 95% coverage requirement. An issuing agency may issue a temporary certificate of occupancy for a period of 3 months if a reasonable effort has been made to meet the requirements under this section prior to the issuance of the temporary certificate of occupancy.

(g) The Delaware Department of Safety and Homeland Security (DSHS), or its designee, shall develop and promulgate rules and regulations for the implementation of the provisions in this section.

(h) The rules and regulations promulgated by the DSHS shall not require any building to be certified for 95% in-building coverage until all 800 MHz communications towers within a county, under the Next Generation 800 MHz Project in effect at the time this section is enacted, are fully operational. If a building otherwise subject to the provisions of this section is temporarily exempt from certification under this section due to unfinished towers in a county, the design and construction of a building shall incorporate the means to later install any equipment necessary to meet the 95% GAT in-building coverage requirement. A building temporarily exempted under this subsection shall be certified within 6 months after all Next Generation 800 MHz communication towers are fully operational within a county.

(i) If a building, subject to the provisions of this section, has been certified as meeting the GAT 95% in-building coverage requirement, then persons and/or entities involved in the design, construction, ownership and maintenance of the building shall not be liable for any injury, death or damage that solely and directly results from the acts or omissions in its operation of the State of Delaware 800 MHz Emergency Communications system.

(j) Except as otherwise provided in this section, the following shall be an exception to the provisions of this section:

(1) Areas of a building, otherwise subject to the provisions of this Section, where electromagnetic interference (EMI’s) will interfere with the efficient operation of equipment sensitive to EMI’s; and,

(2) Any agricultural building not intended and not used for human occupancy, including but not limited to, commercial poultry houses, animal barns, etc.

(k) Buildings that would otherwise be subject to the provisions of this section shall be permanently exempt if a building permit is issued by February 28, 2009.

(l) When all towers associated or related to the Next Generation 800 MHz Project have been erected and are operational, subsection (h) of this section shall no longer be applicable and shall expire unless otherwise provided by a subsequent act of the General Assembly.

(m) The 95% GAT 800 MHz Emergency Communications in-building coverage standard shall be the standard applicable to the 800 MHz Emergency Communications System and any minor upgrades to the 800 MHz Emergency Communications System.