1 Del. Admin. Code § 703-8-5.0

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

Section 703-8-5.0 - Administration And Enforcement

5.1 Whenever the State Fire Marshal shall have reason to believe that any licensee has violated any provisions of this Chapter or rules or regulations adopted and promulgated pursuant thereto concerning central station and remote station services, 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 licensee, an order to cease and desist further work associated with the central station and remote station services 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 licensee who offers for sale, sell or provide central station or remote station services for fire protection systems without the necessary licenses and certificates as required by these Regulations. Such a cease and desist order shall forbid the continued work with central station and remote station services within the State of Delaware until such time as the licensing and certification requirements of these Regulations are fully complied with.

5.2 Upon the issuance of the order, the party accused of such violation may require a review pursuant to 16 Del.C. § 6609, et seq.

5.3 The continued violation of any provision of this Chapter or any rules or regulations adopted and promulgated pursuant hereto concerning central station and remote station services or failure or refusal to comply with any order to correct any violation or failure to obey any cease and desist order by any licensee shall be cause for revocation or suspension of such license or certificate by the State Fire Marshal after he shall determine that the party is guilty of such violation.

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

5.5 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 licensee. During such time no license or certificate shall be issued to said licensee. Any such license or certificate shall be invalid, void and of no effect.

5.6 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 licensee:

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

5.6.2 Is guilty of gross negligence, incompetence or misconduct in providing the services of central station and remote station services;

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

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

5.6.5 Has failed to adequately train or control employees performing under licensee of the central station and remote station services;

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

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

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

5.7 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. § 6609 and in accordance with the provisions of these Regulations.

1 Del. Admin. Code § 703-8-5.0

1 DE Reg. 197 (08/01/97)
4 DE Reg. 1237 (02/01/01)
6 DE Reg. 1638 (06/01/03)
10 DE Reg. 342 (08/01/06)
13 DE Reg. 629 (11/01/09)