1 Del. Admin. Code § 703-5-4.0

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

Section 703-5-4.0 - 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 person 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 (l)(5)(e).

4.1.5 The State Fire Marshal has the authority to require all Certificate Holders to submit to a re-certification or continuing education program 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 suppression systems under Classes II, III, IV and VI(b).

4.2.2 Class II: Limited to the design, preparation of technical documents, maintenance, and installation of sprinkler and standpipe systems beginning at the point where the water supply is used exclusively for the fire suppression system.

4.2.3 Class III: Limited to the design, preparation of technical documents, maintenance, and installation of engineered systems in the following categories:

III(a) Limited to CO2 fire suppression systems.

III(b) Limited to clean agent fire suppression systems.

III(c) Limited to foam fire suppression systems.

III(d) Limited to dry chemical fire suppression systems.

III(e) Limited to water mist fire suppression systems

4.2.4 Class IV: Limited to the design, preparation of technical documents, maintenance, and installation of sprinkler systems in one- and two-family dwellings and/or manufactured homes.

4.2.5 Class V: Limited to the design, preparation of technical documents, maintenance, and installation of pre-engineered systems in the following categories:

V(a) Limited to pre-engineered CO2 fire suppression systems

V(b) Limited to pre-engineered clean agent fire suppression systems

V(c) Limited to pre-engineered foam fire suppression systems

V(d) Limited to pre-engineered dry chemical fire suppression systems

V(e) Limited to pre-engineered wet chemical fire suppression systems

V(f) Limited to pre-engineered water mist suppression systems.

4.2.6 Class VI: Limited to the inspection, testing and maintenance of fire protection systems in the following categories:

Class VI (a): Limited to performing the inspection and testing service of water based fire protection systems as specified in the National Fire Protection Association's National Fire Codes, for all fire suppression systems covered under Certificate Classifications II and IV.

Class VI (b): Limited to performing the inspection, testing and maintenance service of fire suppression systems that are not water based as specified in the National Fire Protection Association's National Fire Codes, for all fire suppression systems covered under Certificate Classification III and performing maintenance service of water based fire protection systems as specified in the National Fire Protection Association's National Fire Codes, for all fire suppression systems covered under Certificate Classifications II and IV.

4.2.7 Class VII: Reserved.

4.2.8 Class VIII: Limited to In-House Fire Suppression Systems.

Class VIII(a): Limited to inspection and testing of wholly owned or proprietary water-based fire suppression systems in accordance with Chapter 7 - Licensing Requirements for Fire Suppression System In-House Licensee's. This class of certificate is for In-House Licensees.

Class VIII(b): Limited to inspection, testing, and maintenance service of wholly owned or proprietary fire suppression systems that are not water-based and the maintenance of water-based fire suppression systems in accordance with Chapter 7 - Licensing Requirements for Fire Suppression System In-House Licensee's. This class of certificate is for In-House Licensees.

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 set forth in this Chapter 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 Suppression Systems Company, and be in Responsible Charge of the preparation of technical documents, installation, inspection, testing, or maintenance of fire suppression 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 for all Classifications of Certificates except Class VI(a) and VIII(a).

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 Suppression Systems Company shall cease immediately upon separation from the Fire Suppression Systems Company.

4.4.3 The Fire Suppression Systems Company and the Certificate Holder, each must notify the Office of the State Fire Marshal, in writing, within five (5) business days after the separation.

4.4.4 Upon separation of the Certificate Holder from the licensed company, the Fire Suppression 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 (6) months (whichever occurs last), if the Fire Suppression Systems Company has not obtained a Certificate Holder, the State Fire Marshal shall terminate the Fire Suppression Systems Company's license.

1 Del. Admin. Code § 703-5-4.0

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)