Current through Register Vol. 28, No. 3, September 1, 2024
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.