What Delaware requires
- No individual may service or repair a portable fire extinguisher without a Delaware fire extinguisher license from the State Fire Marshal (issued to each individual), and every firm is equipped and staffed by licensed, qualified people for the service it offers1 Del. Admin. Code 703, Chapter 2, 2.1.1, 2.1.2 · Office of the State Fire Marshal: Fire Extinguishers (license application and license holders)
- The license follows a written examination at the Office of the State Fire Marshal with a passing grade of 70% (a failed applicant waits at least three months to retest); licensed service persons may be required to pass a written recertification test up to every three years1 Del. Admin. Code 703, Chapter 2, 3.1, 3.2
- Every portable fire extinguisher is serviced or maintained every 12 months; the only exception is nonrechargeable dry chemical extinguishers of 2.5 pounds net or less used in dwelling units in apartment buildings1 Del. Admin. Code 703, Chapter 2, 2.3.1
- When a licensed service person services a portable extinguisher, a durable tag is attached showing the month and year the service was performed, the type of extinguisher serviced, the name and license number of the service person, and the name of the servicing firm, if any1 Del. Admin. Code 703, Chapter 2, 2.3.2
- Discharged and partially discharged extinguishers are moved away from their designated location at once and temporarily replaced with a standby or spare unit of the same type and capacity1 Del. Admin. Code 703, Chapter 1, 6.3
- Soda acid, foam, loaded stream, antifreeze and inverting-type water extinguishers may not be recharged or placed in service for fire protection; they are not approved devices in Delaware1 Del. Admin. Code 703, Chapter 1, 6.4
- Hand-operated portable extinguishers are selected, inspected, maintained, tested and recharged under NFPA 10 as adopted and modified by the Delaware State Fire Prevention Regulations, and they are required in all buildings except one- and two-family dwellings1 Del. Admin. Code 703, Chapter 1, 6.1 · 1 Del. Admin. Code 705, Chapter 1, 9.1
- Only portable extinguishers listed and labeled by Underwriters Laboratories, Factory Mutual or another testing agency the State Fire Marshal approves may be sold in Delaware, new or used1 Del. Admin. Code 703, Chapter 2, 1.1.1
A license for each service person
Nobody services or repairs a portable extinguisher in Delaware without a fire extinguisher license, which the State Fire Marshal issues to each individual after a written exam with a 70% pass mark. Firms must be equipped and staffed by licensed people, and the State Fire Marshal can call for a recertification test up to every three years.
Every 12 months, with a durable tag
Each portable extinguisher is serviced every 12 months. Small nonrechargeable dry chemical units of 2.5 pounds or less inside apartment dwelling units are the one exception.
After service, a durable tag goes on with the month and year, the type of extinguisher, the service person's name and license number, and the firm's name if there is one.
Discharged units and banned types
A discharged or partly discharged extinguisher comes off its hook at once and a spare of the same type and capacity takes its place. Soda acid, foam, loaded stream, antifreeze and inverting-type water extinguishers are not approved in Delaware: they are never recharged or put back in service.
Everything else follows NFPA 10 as Delaware adopts it, and extinguishers are required in every building except one- and two-family homes.
From the walkthrough to a finished Delaware report
Note each unit's location, type and size, serial number and result, plus any unit that was used and whether a spare went up. ReportDraft puts your license number and firm in the header, lists every extinguisher, and writes up discharged and banned units as findings.
Common mistakes
- A tag without the service person's license number or the month and year.
- Taking a discharged unit to the shop without leaving a spare of the same type and capacity.
- Recharging an old inverting-type or soda acid unit instead of retiring it.
- Skipping the yearly service on units that are not the small apartment exception.
- An unlicensed helper servicing units under someone else's license.
Sources
- 1 Del. Admin. Code 703, Chapter 2, 2.1.1, 2.1.2, checked October 20, 2026
- Office of the State Fire Marshal: Fire Extinguishers (license application and license holders), checked October 20, 2026
- 1 Del. Admin. Code 703, Chapter 2, 3.1, 3.2, checked October 20, 2026
- 1 Del. Admin. Code 703, Chapter 2, 2.3.1, checked October 20, 2026
- 1 Del. Admin. Code 703, Chapter 2, 2.3.2, checked October 20, 2026
- 1 Del. Admin. Code 703, Chapter 1, 6.3, checked October 20, 2026
- 1 Del. Admin. Code 703, Chapter 1, 6.4, checked October 20, 2026
- 1 Del. Admin. Code 703, Chapter 1, 6.1, checked October 20, 2026
- 1 Del. Admin. Code 705, Chapter 1, 9.1, checked October 20, 2026
- 1 Del. Admin. Code 703, Chapter 2, 1.1.1, checked October 20, 2026
Last reviewed October 20, 2026. Next review due January 20, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.