703A Licensing Regulation for Smoke Control Systems and Components

1.0 Licensing Regulations for Inspection, Testing, and Maintenance of Fire Dampers, Smoke Dampers, Smoke/Fire Dampers, and Smoke Control Systems

1. 1.1 Purpose. To establish minimum requirements for the licensing of individuals and companies who advertise their services or profess to engage in the activities detailed in this regulation as a business in or for a contractual consideration or charge a fee for those activities.
2. 1.2 Scope. This regulation addresses the criteria for individuals and companies, or vendors, to acquire a license and to certify individuals to inspect, test, and maintain fire dampers, smoke dampers, smoke/fire dampers, smoke control systems, and prepare technical inspection documents for the work, within the State of Delaware.
3. 1.3 Application. This regulation applies the individuals and companies who will be licensed and the individuals who shall be certified to engage in the activities detailed in this regulation with respect to fire dampers, smoke dampers, smoke/fire dampers, smoke control system inspections, testing, and maintenance.
4. 1.4 Effective Date. This regulation will become effective on January 1, 2026.

2.0 Definitions

Words and terms have the meanings found in1DE Admin. Code701. The additional following words and terms, when used in this regulation, have the following meaning:

"Combination smoke/fire damper" means a device that meets both the fire damper and smoke damper requirements. It will be referred to as a smoke/fire damper.

"Fire damper" means a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow and to restrict the passage of flame. Fire dampers are classified for use in either static systems or for dynamic systems, where the dampers are rated for closure under airflow.

"Full time employee" means any employee working a minimum of 30 hours per week, averaged over a period of 1 year, who regularly receives a compensation from the licensed company and receives a W-2 form annually from the licensed company.

"Inspection" means a visual and operational examination of all fire dampers, smoke dampers, smoke/fire dampers, and smoke control systems to verify that it is in operating condition and is free from physical damage.

"Maintenance" means repair or service of parts and components that always keeps the devices being maintained in an operable condition.

"Preparing technical documents" means the preparation of detailed inspection reports and certificates of operation in accordance with the applicable codes, statutes and regulations adopted by the Delaware State Fire Prevention Commission. It is further defined to mean that the technical documents referred to in this regulation are the documents which shall be submitted to the State Marshal for review.

"Responsible charge" means the individual who is responsible to ensure that all the requirements of1DE Admin. Code701-710 are in compliance with the application of those standards and specifications for fire dampers, smoke dampers, smoke/fire dampers, and smoke control systems.

"Smoke damper" means a device installed within an air distribution system to control the movement of smoke.

"Testing" means a procedure to determine the status of all fire dampers, smoke dampers, smoke/fire dampers, smoke control systems as intended, by conducting periodic physical checks. These tests follow up on the original acceptance tests at intervals specified in16Del.C.§6603D.

"Vendor" means any company properly licensed to do inspections, testing, or maintenance on fire dampers, smoke dampers, smoke/fire dampers, or smoke control systems.

3.0 Licenses

1. 3.1 License Required

   1. 3.1.1 Every vendor operating in the State of Delaware shall obtain a license issued by the State Fire Marshal.
   2. 3.1.2 The application for the license shall be in accordance with the provisions of this regulation.
   3. 3.1.3 All licenses issued under this section shall be valid for 1 year and renewed annually by the license holder on a form provided by the State Fire Marshal.
   4. 3.1.4 The license year period shall expire on a date shown on the license.

2. 3.2 Licensure Requirements

   1. 3.2.1 Application and Fees. The vendor shall make application to the State Fire Marshal, meet the requirements of this regulation, and pay the required fees.
   2. 3.2.2 Address. A specific current business address shall be maintained by the licensee. The licensee shall notify the State Fire Marshal in writing within 14 days of any change of address.

   3. 3.2.3 Certified Technician. Each licensed company shall have a certified technician, who shall be in a position of responsible charge, with the licensed company.

      1. 3.2.3.1 This person, or persons, shall pass an examination on and become certified in the categories pertaining to the activities of the licensed company.

      2. 3.2.3.2 The person, or persons, of responsible charge shall be accountable for each phase of the following activities with respect to fire and smoke damper inspection, testing, and maintenance, when the activities constitute an element of their class of certificate:

         1. 3.2.3.2.1 Preparation of technical documents, including review and approval by the Office of State Fire Marshal.
         2. 3.2.3.2.2 Inspection and testing, including any inspection, as required under these regulations.
         3. 3.2.3.2.3 Submission of all reports, technical documents, or certificates of operation and any other materials required to be prepared, recorded, or submitted under these regulations.
   4. 3.2.4 Delaware Business License. The vendor shall hold a current Delaware business license as defined in30Del.C.§2301, must be qualified to do business in the State of Delaware, and must be registered with the Secretary of the 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. 3.3 Licensure Limitations

   1. 3.3.1 The vendor shall be limited to performing functions related to the technician’s certification.
   2. 3.3.2 If the certified technician and the vendor terminate their relationship, the certified technician and the company each must notify the State Fire Marshal, in writing, within 5 business days.

4. 3.4 Insurance Required

   1. 3.4.1 The State Fire Marshal shall not issue a license under this regulation unless:

      1. 3.4.1.1 The vendor files with the State Fire Marshal, proof of liability insurance coverage of not less than $250,000 per person minimum and $500,000 per accident minimum.
      2. 3.4.1.2 The vendor files proof of the State of Delaware Worker's Compensation Insurance in accordance with 19Del.C.Ch. 23 - Workers' Compensation. Any company, business, person, or persons claiming an exemption from Workers' Compensation laws of this State shall provide proof in the form of a written correspondence to the State Fire Marshal, that the company, business, person, or persons is not required by the laws of this State to maintain Workers' Compensation coverage.
   2. 3.4.2 Any insurance required by subsection 3.4 must be in the form of a certificate of insurance executed by an insurer authorized to do business in this State.
   3. 3.4.3 Insurance certificates filed with the State Fire Marshal under subsection 3.4 shall remain current and in force until the insurer has terminated future liability by a 10-day notice to the State Fire Marshal.
   4. 3.4.4 Failure to maintain the required insurance constitutes grounds for denial, suspension, or revocation of a license by the State Fire Marshal.

4.0 Certification

1. 4.1 Certified technician

   1. 4.1.1 A certified technician is the individual who has met the requirements of this regulation and has been granted a certificate for 1 or more of the certificate classifications defined in this regulation. This person shall be the individual as responsible charge, as defined in this regulation.
   2. 4.1.2 The certified technician is the person in responsible charge of ensuring that the functions for which thecertified technicians have been certified have been performed in accordance with the standards and specifications of these regulations.
   3. 4.1.3 All certificates issued under this section shall be valid for 1 year and renewed annually on a form provided by the State Fire Marshal.
   4. 4.1.4 The certificate year period shall expire on a date shown on the certificate.
   5. 4.1.5 The State Fire Marshal has the authority to require all certified technician to submit to a re-certification or continuing education program at a frequency, set as a minimum, of 5 years. The re-certification or continuing education cannot occur more frequently than every 5 years. For purposes of annual renewal, continuing education shall include maintaining current certification at the minimum level that was required when the certified technician originally applied.

2. 4.2 Classification of certificates

   1. 4.2.1 Class I: Fire damper, smoke damper, smoke/fire damper inspection, testing, and maintenance
   2. 4.2.2 Class II: Smoke control systems inspection, testing, and maintenance

3. 4.3 Qualifications

   1. 4.3.1 To qualify as a certified technician an applicant shall:

      1. 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;
      2. 4.3.1.2 Apply to the State Fire Marshal, meet the requirements set forth in this Section, and pay the required fees as listed in Appendix E of1DE Admin. Code701-710;
      3. 4.3.1.3 Be a full-time employee of the licensed vendor and be the responsible charge of the preparation of technical documents, inspection, and testing of fire and smoke dampers, or smoke control systems;

   2. 4.3.2 When licensing, fire, smoke, or combination smoke/fire damper technicians shall provide the following documentation:

      1. 4.3.2.1 Proof of a passing score on an examination prescribed by the Delaware State Fire Prevention Commission;
      2. 4.3.2.2 A fire smoke damper inspector level 1 certification from an accredited institution; and
      3. 4.3.2.3 A NICET Level II or equivalent certification for fire alarm systems.Elements for inspection, testing, and maintenance are suggested.

   3. 4.3.3 Smoke control system technicians shall provide the following documentation:

      1. 4.3.3.1 Proof of a passing score on an examination prescribed by the Delaware State Fire Prevention Commission and provide passing score;
      2. 4.3.3.2 A smoke control systems technician certification from an accredited institution; and
      3. 4.3.3.3 A NICET Level III or equivalent certification for fire alarm systems.
   4. 4.3.4 Any examination that has been passed as prescribed by the Commission, must have been completed within 5 years of the application date or, when an applicant submits the examination results for the Commission's review and acceptance; and
   5. 4.3.5 For the purposes of this regulation, a registered Delaware Professional Engineer shall be recognized as a certified technician without further qualification.

4. 4.4 Limitations

   1. 4.4.1 A certified technician may only be in a position of responsible charge for the functions for which the certified technician has been certified, and only for 1 licensed company.
   2. 4.4.2 The authority of the certified technician on behalf of the licensed vendor shall cease immediately upon separation from the parent company.
   3. 4.4.3 Upon separation of the certified technician from the licensed company, the vendor may complete existing work in progress but may not commence any new work or conduct any inspection work until a certified technician is hired.
   4. 4.4.4 Upon the expiration of the current license or within 6 months, whichever occurs last, if the vendor has not obtained a certified technician, the State Fire Marshal shall terminate the vendor's license.

5.0 Administration and Enforcement

1. 5.1 Whenever the State Fire Marshal shall have reason to believe that any licensed company or certified technician has violated any provisions of these rules or regulations concerning fire damper, smoke damper, smoke/fire damper, or smoke control systems, the State Fire Marshal shall immediately notify the party of the violation. If the violation continues or is not corrected within 5 business 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 the company or individual, an order to cease and desist further work associated with the fire damper, smoke damper, smoke/fire damper, or smoke control systems until 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, inspecting, testing or maintaining fire damper, smoke damper, smoke/fire damper, or smoke control systems without the necessary licenses and certificates as required by these regulations. A cease and desist order shall forbid the continued work with the fire damper, smoke damper, smoke/fire damper, or smoke control systems within the State of Delaware until the licensing and certification requirements of these regulations are fully complied with.
2. 5.2 Upon the issuance of the order, the party accused of the violation may require a review pursuant to16Del.C.§6608, et seq.
3. 5.3 The continued violation of any provision of this regulation or any rules or regulations adopted and promulgated pursuant hereto concerning fire damper, smoke damper, smoke/fire damper, or smoke control 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 certified technician shall be cause for revocation or suspension of a license or certificate by the State Fire Marshal after he shall determine that the party is guilty of the violation.
4. 5.4 Any order of suspension shall state the period of time of the suspension, which period shall be not less than 30 days and shall not exceed 1 year from the date of the order.
5. 5.5 An order of revocation may be entered for a period not exceeding 2 years. An order shall affect the revocation of the license, certificate, or both then held by the vendor or technician. During this time no license or certificate shall be issued to the vendor or technician. Any license or certificate shall be void.

6. 5.6 In addition to the grounds set forth in this Section, it shall be cause for revocation or suspension of a license or certificate after determining the party:

   1. 5.6.1 Has practiced any fraud, misrepresentation, or deceit in obtaining or renewing a license or certificate;
   2. 5.6.2 Is guilty of gross negligence, incompetence or misconduct in the preparation of technical documents, inspection, testing or maintenance of a fire damper, smoke damper, smoke/fire damper, or smoke control systems;
   3. 5.6.3 Is guilty of a violation of the1DE Admin. Code701-710 adopted by the Commission;
   4. 5.6.4 Has been found guilty of an unfair or deceptive trade practice;
   5. 5.6.5 Has failed to adequately train or control employees performing under the responsible charge of the certified technician or fire damper, smoke damper, smoke/fire damper, or smoke control systems company;
   6. 5.6.6 Had any other license or certificate revoked or suspended by the State Fire Marshal;
   7. 5.6.7 Violated any of the conditions of the license or certificate; or
   8. 5.6.8 Violated any other practice found to constitute a serious threat to the safety of person or property.
7. 5.7 Any person aggrieved by an order or decision of the State Fire Marshal with respect to the provisions of this section may file an appeal to the Commission pursuant to16Del.C.§6608and in accordance with the provisions of these regulations.

6.0 Inspection of Technical Documents and Systems

1. 6.1 Technical documents must be submitted to the State Fire Marshal in accordance with 16Del.C.Ch. 66 for all proposed fire damper, smoke damper, smoke/fire damper, or smoke control systems inspections.
2. 6.2 The State Fire Marshal may perform inspections of the premises as they feel may be necessary to assure proper operation, inspections, testing, and maintenance of the fire damper, smoke damper, smoke/fire damper, or smoke control systems.
3. 6.3 The State Fire Marshal may perform audits of all documents and records associated with the preparation of technical documents, inspection, testing or maintenance of fire damper, smoke damper, smoke/fire damper, or smoke control systems, as deemed necessary.

7.0 Submission of Certificates of Inspection

1. 7.1 The licensed company is responsible to forward to the State Fire Marshal, on the prescribed form, a separate annual certificate of inspection along with the appropriate fees, for all fire damper, smoke damper, smoke/fire damper, or smoke control systems that the licensed company may inspect, test, or maintain. This certificate of inspection, which must be submitted annually, shall verify that the Delaware State Fire Prevention Regulations standards and specifications regarding the inspection, testing, or maintenance have been met and any deficiencies noted at the time of the inspection or testing shall be noted, with corrective action, if any, taken. These certificates of inspection that are in the jurisdiction of any Jurisdictional Assistant State Fire Marshals, shall be forwarded to the appropriate Jurisdictional Assistant State Fire Marshal’s Office by the licensed company along with the appropriate fees, if applicable.
2. 7.2 A certificate of inspection shall be submitted to the Office of the State Fire Marshal within 30 days of the date of the inspection, unless there are deficiencies. Those reports are due within 1 business day.

8.0 Fees

1. 8.1 Fees as charged in accordance with subsection 7.1 of this regulation for the submission of certificates of inspections shall be due and payable to the State Fire Marshal according to the provisions of Chapter 1, subsection 4.1.4 of1DE Admin. Code703.
2. 8.2 Fees listed in subsection 7.1 of this regulation for fire damper, smoke damper, smoke/fire damper, or smoke control systems, that are in the jurisdiction of any Jurisdictional Assistant State Fire Marshals, shall be due and payable to the appropriate Jurisdictional Assistant State Fire Marshal’s office, if applicable.

9.0 Compliance

The failure of the licensed company to comply with the provisions of this regulation shall constitute a violation of the1DE Admin. Code701-710.

29 DE Reg. 392 (11/01/25)