1 Del. Admin. Code § 703-7-3.0

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

Section 703-7-3.0 - Licenses

3.1 License Required.

3.1.1 Every In-House Licensee operating in the State of Delaware shall obtain a license issued by the Office of the State Fire Marshal.

3.1.2 The application for such license shall be in accordance with the provisions of § 3.2 of this Chapter.

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

3.1.4 The license 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.

3.2 Licensure Requirements.

3.2.1 Application and Fees. The In-House Licensee shall make application to the Office of the State Fire Marshal, meet the requirements of this Regulation and pay the required fees.

3.2.2 Address. A specific current business address shall be maintained by each In-House Licensee. The In-House Licensee shall notify the Office of the State Fire Marshal, in writing, within fourteen days of any change of address.

3.2.3 Certificate Holder. Each In-House Licensee shall have a CERTIFICATE HOLDER, who shall be in a position of RESPONSIBLE CHARGE, with the In-House Licensee. This person or persons shall pass an examination on and become certified in the categories pertaining to the activities of the In-House Licensee.

3.2.4 Delaware Business License. The In-House Licensee shall hold a current Delaware Business License as defined in 30 Del.C. § 2301, and must be qualified to do business in the State of Delaware and must be registered with the Secretary of State. A copy of the current Delaware Business License shall be submitted at the time of application for a license and upon each subsequent renewal request.

3.3 Licensure Limitations.

3.3.1 The In-House Licensee shall be limited to performing testing, inspection, and maintenance functions related only to those types of activities for which the Certificate Holder has been certified.

3.3.2 If the Certificate Holder and the In-House Licensee terminate their relationship, the Certificate Holder and the In-House Licensee, each must notify the Office of the State Fire Marshal, in writing, within five (5) business days of the termination.

3.4 Insurance Required.

3.4.1 The State Fire Marshal shall not issue a license under these Regulations unless:

3.4.1.1 The In-House Licensee files with the Office of the State Fire Marshal, proof of liability insurance coverage of not less than $250,000 per person minimum and $500,000 per accident minimum;

3.4.1.2 The In-House Licensee must file proof of State of Delaware Worker's Compensation Insurance in accordance with 19 Del.C. Ch. 23 - Workers' Compensation. Any company, business, or person(s) claiming an exemption from Workers' Compensation laws of this State shall provide proof in the form of a written correspondence to the Office of the State Fire Marshal that the company, business, or person(s) is not required by the laws of this State to maintain Workers' Compensation coverage;

3.4.1.3 For In-House Licensees that are self-insured, an affidavit to that fact must be filed with the Office of the State Fire Marshal stating the conditions for self-insurance.

3.4.2 Any insurance required by this section must be in the form of a Certificate of Insurance executed by an insurer authorized to do business in this State.

3.4.3 Insurance Certificates filed with the Office of the State Fire Marshal under this section shall remain current and in force until the insurer has terminated future liability by a ten (10) day notice to the Office of the State Fire Marshal.

3.4.4 Failure to maintain the required insurance constitutes grounds for denial, suspension or revocation of a license by the Office of the State Fire Marshal.

1 Del. Admin. Code § 703-7-3.0

13 DE Reg. 629 (11/01/09)
25 DE Reg. 77 (7/1/2021) (Final)