1 Del. Admin. Code § 703-5-6.0

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

Section 703-5-6.0 - Administration and Enforcement

6.1 Whenever the State Fire Marshal shall have reason to believe that any licensed company or Certificate Holder has violated any provisions of this Chapter or rules or regulations adopted and promulgated pursuant thereto concerning fire suppression systems, he shall immediately notify the party of such violation. If the violation continues or is not corrected within five (5) working days of notice by the State Fire Marshal or if it constitutes an imminent hazard to life or property, then the State Fire Marshal shall issue and deliver to such company or individual an order to cease and desist further work associated with the suppression system until such time as the violation has been corrected and corrective measures have been accepted by the State Fire Marshal. The State Fire Marshal shall immediately issue and deliver an order to cease and desist to any company or individual identified as preparing technical documents, installing, inspecting, testing, and/or maintaining fire suppression systems without the necessary licenses and certificates as required by these Regulations. Such a cease and desist order shall forbid the continued work with the fire suppression systems within the State of Delaware until such time as the licensing and certification requirements of these Regulations are fully complied with.

6.2 Upon the issuance of the order, the party accused of such violation may require a review pursuant to 16 Del.C. § 6608, et seq.

6.3 The continued violation of any provision of this Chapter or any rules or regulations adopted and promulgated pursuant hereto concerning fire suppression systems or failure or refusal to comply with any order to correct any violation or failure to obey any cease and desist order by any licensed company or Certificate Holder shall be cause for revocation of such license or certificate by the State Fire Marshal after he shall determine that the party is guilty of such violation.

6.4 Any order of suspension shall state the period of time of such suspension, which period shall not be less than thirty (30) days and shall not exceed one year from the date of the order.

6.5 An order of revocation may be entered for a period not exceeding two (2) years. Such an order shall affect the revocation of the license and/or certificate then held by said company or individual. During such time no license or certificate shall be issued to said company or individual. Any such license or certificate shall be invalid, void and of no effect.

6.6 In addition to the grounds set forth in any section herein, it shall be cause for revocation or suspension of a license or certificate after determining the party:

6.6.1 Has practiced any fraud, misrepresentation or deceit in obtaining or renewing a license or certificate;

6.6.2 Is guilty of gross negligence, incompetence or misconduct in the preparation of technical documents, installation, inspection, testing or maintenance of a fire suppression system;

6.6.3 Is guilty of a violation of the codes and regulations adopted by the Delaware State Fire Prevention Commission;

6.6.4 Has been found guilty of an unfair or deceptive trade practice;

6.6.5 Has failed to adequately train or control employees performing under the supervision of the Certificate Holder or Fire Suppression Systems Company;

6.6.6 Had any other license or certificate revoked by the State Fire Marshal;

6.6.7 Violated any of the conditions of the license or certificate;

6.6.8 Violated any other practice found to constitute a serious threat to the safety of person or property.

6.7 Any person aggrieved by an order or decision of the State Fire Marshal with respect to the provisions of this Chapter may file an appeal to the Delaware State Fire Prevention Commission pursuant to 16 Del.C. § 6608 and in accordance with the provisions of these Regulations.

1 Del. Admin. Code § 703-5-6.0