1 Del. Admin. Code § 703-4-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 703-4-4.0 - Certification

4.1 Certificate Holder.

4.1.1 A Certificate Holder is the individual who has met the requirements of this Chapter and has been granted a Certificate for one or more of the Certificate Classifications defined in this Chapter. This person shall be the individual of RESPONSIBLE CHARGE, as defined in these Regulations.

4.1.2 The Certificate holder is the individual in RESPONSIBLE CHARGE of ensuring that the functions for which they have been certified have been performed in accordance with the standards and specifications of the Delaware State Fire Prevention Regulations.

4.1.3 All Certificates issued under this section shall be valid for one year and renewed annually on a form provided by the Office of the State Fire Marshal.

4.1.4 The Certificate year period shall expire on a date as scheduled by the State Fire Marshal, pursuant to the provisions of 16 Del.C. § 6612 (5)(l)5.

4.1.5 The Office of the State Fire Marshal has the authority to require all Certificate Holders to submit to a re-certification or continuing education process at a frequency, set as a minimum, of five (5) years. The re-certification or continuing education cannot occur more frequently than every five (5) years.

4.1.5.1 For purposes of annual renewal, continuing education shall include maintaining current NICET certification at the minimum level that was required when the Certificate Holder originally applied.

4.2 Classification of Certificates.

4.2.1 Class I: All types of fire alarm signaling systems under Classes II, III, IV, V, and VI.

4.2.2 Class II: Limited to fire alarm signaling and related systems in the following categories:

II(a) Proprietary Systems;

II(b) Emergency Voice/Alarm Communications;

II(c) Emergency and Standby Power Systems (typical of NFPA 110 systems).

4.2.3 Class III: Limited to fire alarm signaling and related systems in the following categories:

III Central Station Facilities and Systems.

4.2.4 Class IV: Limited to fire alarm signaling systems in the following categories:

IV(a) Local Alarm;

IV(b) Auxiliary Alarm;

IV(c) Remote Alarm;

4.2.5 Class V: Limited to household fire warning equipment systems in one and two family dwellings.

4.2.6 Class VI: Limited to performing the Inspection, Testing and Maintenance Service of fire alarm signaling systems as specified in the National Fire Protection Association's National Fire Codes and Standards, as adopted and/or modified by these Regulations, for all fire alarm signaling systems covered under Certificate Classifications I, II, III, IV, and V.

4.2.7 Class VII: Limited to installation, only, of all types of fire alarm signaling systems. A prerequisite to being certified in this Class is that the fire alarm signaling system to be installed, would have had technical documents submitted by a company licensed under the provisions of these Regulations and by a Certificate Holder so qualified under these Regulations, to the Office of the State Fire Marshal for review and approval.

4.2.7.1 A company applying for a license or an individual seeking to be certified in this Class, acknowledges in so applying, that they may install only those fire alarm signaling systems that have had technical documents prepared by a Class I through Class V licensed Fire Alarm Signaling Systems Company and Certificate Holder pursuant to these Regulations.

4.2.7.2 The testing of the fire alarm signaling system during installation is the responsibility of the Class I through V Licensed Fire Alarm Signaling Systems Company's Certificate Holder. The Certificate Holder may delegate that testing which is appropriate during installation to the Class VII license holder pursuant to the Responsible Charge provisions for the Certificate Holder. Delegation of testing to a Class VII License holder shall not include acceptance testing.

4.2.7.3 The acceptance testing for the fire alarm signaling system is the responsibility of the Class I through V licensed Fire Alarm Signaling Systems Company and Certificate Holder, who has submitted the technical documents to the Office of the State Fire Marshal.

4.2.7.4 Notwithstanding any other requirements found in these Regulations, a company may be licensed or an individual may be certified for this Class, Class VII, if the company or the individual is licensed by the State of Delaware as a MASTER ELECTRICIAN. Any person or company who is not installing fire alarm signaling systems in accordance with § 4.2.7.1 above, must be licensed and certified in accordance with § 3.0 and § 4.0 of this Chapter.

4.2.8 Class VIII: Limited to Inspection, Testing and Maintenance Service of wholly owned or proprietary fire alarm signaling systems. This class of certificate is for those In-House Licensees as defined elsewhere in these Regulations.

4.3 Qualifications.

4.3.1 To qualify as a Certificate Holder an individual shall:

4.3.1.1 Be a resident of the United States of America or be entitled to work in the United States of America and be at least 18 years of age;

4.3.1.2 Apply to the Office of the State Fire Marshal, meet the requirements as set forth in these Regulations, and pay the required fees as listed in these Regulations;

4.3.1.3 Be a full time employee, as defined herein, of the Fire Alarm Signaling Systems Company, and be in Responsible Charge of the preparation of technical documents, installation, inspection, testing, or maintenance of fire alarm signaling systems;

4.3.1.4 Have passed an examination prescribed by the Delaware State Fire Prevention Commission or an equivalent examination approved by the Delaware State Fire Prevention Commission. Any examination that has been passed as prescribed by the Delaware State Fire Prevention Commission, must have been completed within five (5) years of the application date or, when an individual submits such examination results for the Commission's review and acceptance.

4.3.1.5 For the purposes of this Chapter, a Registered Delaware Professional Engineer shall be recognized as a Certificate Holder without further qualification.

4.4 Limitations.

4.4.1 A Certificate Holder may only be in a position of Responsible Charge for the functions for which they have been certified.

4.4.2 The authority of the Certificate Holder on behalf of the licensed Fire Alarm Signaling Systems Company shall cease immediately upon separation from the Fire Alarm Signaling Systems Company.

4.4.3 The Fire Alarm Signaling Systems Company and the Certificate Holder each must notify the Office of the State Fire Marshal, in writing, within five business days after the separation.

4.4.4 Upon separation of the Certificate Holder from the licensed company, the Fire Alarm Signaling Systems Company may complete existing work in progress, which has been submitted, reviewed and approved by the Office of the State Fire Marshal, but may not commence any new work or conduct any inspection work until a Certificate Holder is hired.

4.4.5 Upon the expiration of the current license or within six months (whichever occurs last) if the Fire Alarm Signaling Systems Company has not obtained a Certificate Holder, the State Fire Marshal shall terminate the Fire Alarm Signaling Systems Company's license.

1 Del. Admin. Code § 703-4-4.0

13 DE Reg. 629 (11/01/09)
16 DE Reg. 620 (12/01/12)
19 DE Reg. 843 (3/1/2016)
25 DE Reg. 77 (7/1/2021) (Final)