TITLE 16/§ 6647. Membership requirements for volunteer firefighters.
An applicant for membership in a Delaware volunteer fire department who has been convicted of or,
had that applicant been charged as a juvenile, adjudicated delinquent of any of the following crimes is
prohibited from serving as a firefighter in this state:
(1) A felony involving sexual misconduct where the victim’s failure to affirmatively consent is an
element of the crime, such as forcible rape;
(2) A felony involving the sexual or physical abuse of a child or of an elderly or infirm person,
such as sexual misconduct with a child, sexual exploitation of a child, making or distributing child
pornography, incest involving a child, or assault on an elderly or infirm person;
(3) A crime in which the victim is an out-of-hospital patient or a patient or resident of a healthcare
facility, including abuse, neglect, or theft from or financial exploitation of a person entrusted to the care or
protection of the applicant;
(4) Arson in the third, second, or first degree; reckless burning or exploding; cross or religious
symbol burning; or any crime in which the applicant intentionally or recklessly started a fire or caused an
explosion, or attempted or conspired to do so;
(5) A law of another state, territory, or jurisdiction that is the same or equivalent to the offenses
described in paragraphs (a)(1) through (4) of this section.
b. Membership in a Delaware volunteer fire department must be denied if the applicant has been convicted
or, if that applicant was charged as a juvenile, has been adjudicated delinquent of any of the following
crimes, except in extraordinary circumstances:
(1) Any crime for which the applicant is currently incarcerated, on work release, on probation, or
on parole;
(2) Any crime in the following categories, unless at least 5 years have passed since the applicant’s
conviction, or at least 5 years have passed since the applicant was released from custodial confinement,
whichever occurs later:
a. A serious crime of violence against a person, such as assault with a dangerous weapon,
aggravated assault, murder or attempted murder, manslaughter (other than involuntary
manslaughter), kidnapping, or robbery of any degree;
b. A crime involving a controlled substance or designer drug, including unlawful
possession or distribution of, or intent to unlawfully possess or distribute, a controlled substance in
Schedules I through V of the Uniform Controlled Substances Act of Chapter 47 of this title;
c. A serious crime involving property, such as burglary, embezzlement, or insurance fraud;
d. Any crime involving sexual misconduct;
e. A crime of another state, territory, or jurisdiction that is the same or equivalent to the
offenses described in paragraphs (b)(2)a. Through d. of this section.
(3) In extraordinary circumstances, membership may be granted under subsection (b) of this
section only if the applicant establishes by clear and convincing evidence that the applicant’s membership
will not jeopardize public health or safety.
c. An applicant for membership in a Delaware volunteer fire department who knowingly provides false,
incomplete, or inaccurate criminal history information, or who otherwise knowingly violates a provision of
this subchapter, is guilty of a class G felony. In addition to a term of imprisonment of up to 2 years, the
court shall impose a fine of no less than $1,000, which may not be suspended.
d. The State Fire Prevention Commission shall adopt regulations to implement the provisions of this
subchapter. The regulations must include, as part of the application form for membership in a Delaware
volunteer fire department, a dated and signed statement by the applicant swearing to or affirming the
following if the following is true. If it is not true, the applicant must explain in writing what is not true and
why it is not true.
“I have never been convicted of an offense that constitutes any of the crimes set forth in 16 Del. C. § 6647 or any similar
offense under any federal, state, or local law. I hereby certify that the statements contained in this application are true and correct to
the best of my knowledge and belief. I understand that if I knowingly make any false statement in this application, I am subject to
penalties prescribed by law, including denial or revocation of membership in the volunteer fire department and a mandatory fine of at
least $1,000 or a term of imprisonment of up to 2 years, or both.”
e. An applicant for membership in a Delaware volunteer fire department who is denied membership or
whose membership is revoked because of the requirements of this subchapter may appeal the denial or
revocation to the State Fire Prevention Commission within 15 days of written notification of the denial or
revocation by the volunteer fire department. An appeal under this subsection must be held in accordance
with the appropriate provisions of the Administrative Procedures Act, Chapter 101 of Title 29, and is
subject to judicial review under subchapter V of Chapter 101 of Title 29.