1 Del. Admin. Code § 701-5-3.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 701-5-3.0 - Listing, Approval, and Accreditation

Under this Chapter listing, approval, and laboratory accreditation can be achieved as follows:

3.1 Listing

3.1.1 Listing refers to equipment, materials, or services included in a list published by an organization that is acceptable to the authority having jurisdiction and concerned with evaluation of products or services, that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services, and whose listing states that either the equipment, material, or service meets appropriate designated standards or has been tested and found suitable for a specified purpose.

3.1.2 Underwriters Laboratory, Inc., Factory Mutual, Inc., and Canadian Standards Association are accepted under this regulation as nationally recognized testing laboratories.

3.2 Accreditation

3.2.1 Accreditation through the American Association for Laboratory Accreditation

Note: It is the express intent of this proposed change to provide for the expertise and necessary criteria for any testing laboratory to achieve an approved status within the State of Delaware. Accreditation through the American Association for Laboratory Accreditation provides that mechanism and removes the Office of the State Fire Marshal from the practice of accreditation that raises more concerns than it resolves. The list of laboratories accredited by American Association for Laboratory Accreditation can be found through their website at www.a2la.org

3.2.2 Accreditation through approval as a Nationally Recognized Testing Laboratory by the Federal Occupational Safety and Health Administration pursuant to criteria prescribed at 29 C.F.R. 1910.7 or any amendment to or substitution for these criteria.

3.3 Approval

3.3.1 Approved shall denote, "Acceptable to the State Fire Marshal"

3.3.2 It shall be unlawful for any person, directly or indirectly through an agent or otherwise to sell or offer for sale in the State of Delaware any electrical equipment, device, or component or any fire protection or fire safety equipment or product, either new or used, unless listed and labeled or marked by a nationally recognized, third party, independent testing laboratory, such as, but not limited to Underwriters Laboratories or some other testing agency approved by the State Fire Marshal.

1 Del. Admin. Code § 701-5-3.0