1 Del. Admin. Code § 703-7-4.0

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

Section 703-7-4.0 - 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 under the appropriate classification for 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 required Inspection, Testing, and Maintenance Services for which they have been certified, have been performed in accordance with the specifications and standards 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 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 for a Certificate Holder.

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 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 In-House Licensee, and be in Responsible Charge of the inspection, testing or maintenance of the 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.

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 In-House Licensee shall cease immediately upon separation from the In-House Licensee.

4.4.3 The In-House Licensee 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 In-House Licensee, the Certificate Holder must be replaced within six (6) months. Existing work in progress which has been submitted, reviewed and approved by the Office of the State Fire Marshal may continue, but new work may not commence and inspection work may not be conducted 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 In-House Licensee has not obtained a Certificate Holder, the State Fire Marshal shall terminate the In-House Licensee's license.

1 Del. Admin. Code § 703-7-4.0

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)