Delaware Propane Storage Law: Statewide Fire Regulations Rules (2026)

Key Facts

Adopted code: NFPA 58
Plan review threshold: Over 125 gallons
500-gal setback: 10 feet minimum
Authority: State Fire Marshal
Statute: 16 Del. C. Ch. 66

Full Breakdown

Under 16 Del. C. Chapter 66 and the Delaware State Fire Prevention Regulations (Part VI), Delaware adopts NFPA 58 for all liquefied petroleum gas storage and handling. Residential tanks above 125 gallons require Fire Marshal plan review. Setback distances depend on tank size: 125-500 gallon tanks need 10 feet from buildings and property lines; 501-2000 gallon tanks need 25 feet. Underground tanks have reduced setbacks. Installers must hold proper licensure. The state code applies uniformly statewide and supersedes inconsistent local rules, though municipalities may enforce zoning compatible with the fire code.

Violations & Penalties

Improper installation, missing permits, or setback violations are misdemeanors under 16 Del. C. Section 6611, with fines up to $1,000 per violation and potential orders to remove or relocate non-compliant tanks.

Frequently Asked Questions

Do I need a permit for a residential propane tank?

Tanks larger than 125 gallons water capacity require Fire Marshal plan review and permitting. Smaller tanks must still meet NFPA 58 setback and installation standards enforced statewide.

Who installs propane tanks legally in Delaware?

Only licensed LP-gas installers may install or service propane systems. The State Fire Marshal verifies installer credentials and inspects systems for compliance with NFPA 58 standards.

Delaware Propane and LP-Gas Storage Code