Subchapter E. Fire Extinguisher Rules

Subchapter E. Fire Extinguisher Rules

28 TAC §§34.506, 34.515 and 34.516

Subchapter F. Fire Alarm Rules

28 TAC §§ 34.606, 34.613 - 34.615

Subchapter G. Fire Sprinkler Rules

28 TAC §§34.706 and 34.713 - 34.715

Subchapter H. STorage and sales of fireworks

28 TAC §§34.808, 34.811, 34.813 and 34.814

The Texas Department of Insurance proposes amendments to §§34.506, 34.515 and 34.516 concerning the licensing and qualifying tests for Type A, Type B and Type PL licenses; §§34.606 and 34.613 - 34.615 concerning the licensing and qualifying tests for fire alarm technicians, fire alarm monitoring technicians, residential fire alarm superintendent single stations, fire alarm planning superintendent and residential fire alarm superintendents; §§34.706 and 34.713 - 34.715 concerning the licensing and qualifying tests for responsible managing employees; and §§34.808, 34.811, and 34.814 concerning the licensing and qualifying tests for pyrotechnic operators, pyrotechnic special effects operators and flame effects operators. The proposal is designed to implement legislation enacted by the 78th Legislature in House Bill (HB) 472. HB 472 amends Articles 5.43-1, 5.43-2 and 5.43-3, Insurance Code, by allowing the state fire marshal to increase the initial fee for certain licenses and to provide for the testing of certain license applicants by an external testing service, pursuant to a written agreement between the State Fire Marshal´s Office (SFMO) and the testing service. HB 472 also amends Chapter 2154, Occupations Code, by requiring the state fire marshal to establish the scope and type of the qualifying tests for pyrotechnic operator and pyrotechnic special effects operator licenses and to permit the testing to be administered directly or by agreement with an external testing service. The proposed amendments are necessary to establish the outsourcing of testing for certain licenses and clarify certain portions of the rules.

The proposed amendments throughout replace "examination" with "test" to more clearly explain the licensing process and capitalizes "State Fire Marshal´s Office" for consistency.

The proposed amendments add a definition for outsource testing service to §§34.506, 34.606, 34.706, and 34.808, a definition for department to §§34.706 and 34.808 and re-letter the remaining definitions of all the above cited sections after adding the two new definitions. The proposed amendments to §§34.515, 34.614, 34.714, and 34.814 increase the fees for initial licenses and late fees, provide for the payment of fees to an outsource testing service, and replace all fee schedule graphics with text. The proposed amendments to §§34.614 and 34.714 make these sections consistent with other provisions by providing that only overpayments resulting from mistakes of law or fact will be refunded.

The proposed amendments to §34.516 state that the (SFMO) shall designate the outsource testing service, clarify that one test may be given per license, the test consists of specific topics, and place a limit on the number of times a test may be scheduled during a twelve-month period.

The proposed amendments to §34.613 change the wording of certain paragraphs indicating that the SFMO designates the qualifying tests and clarify that an applicant has 180 days from the department´s receipt of the initial application to complete the application, which includes the submission of the appropriate fees and all required information. The proposed amendments to §34.614 clarify the qualifying test fees if administered by the SFMO. The proposed amendments to §34.615 provide that the qualifying test for the various fire alarm licenses can be given by an outsource testing service.

The proposed amendments to §34.713 provide that the qualifying test for a responsible managing employee (RME) for dwelling and underground fire main licenses can be given by an outsource testing service and a copy of the confirmation letter from the testing service must accompany the application as evidence of technical qualifications for the license. Additionally, the amendments clarify that an applicant has 180 days from the department´s receipt of the initial application to complete the application, which includes the submission of the appropriate fees and all required information. The proposed amendments to §34.714 clarify the qualifying test fees if administered by the SFMO. The proposed amendment to §34.715 sets out the number of times an applicant may schedule a test.

The proposed amendments to §34.811 clarify the licensing process and set out the number of times a test may be scheduled. The proposed amendments to §34.813 clarify that an applicant has 180 days from the department´s receipt of the initial application to complete the application, which includes the submission of the appropriate fees and all required information. The proposed amendments to §34.814 provide that the qualifying test for pyrotechnic operator, pyrotechnic special effects operator and flame effects operator licenses can be given by an outsource testing service. Additionally, the proposed amendments to §34.814 set forth the payment amount for the various pyrotechnic and flame effects licenses as well as the qualifying test fees if administered by the SFMO.

G. Mike Davis, State Fire Marshal, has determined that for each year of the first five years the proposal will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed sections. Mr. Davis has also determined that there will be no adverse effect on local employment or the local economy as a result of the proposal.

Mr. Davis also has determined that for each year of the first five years the proposed sections are in effect, the anticipated public benefit from enforcing and administering the sections will be the location of testing facilities that are familiar and convenient to the applicants, reduction in costs to successful applicants for their licenses, and potentially increase in the number of licensees who were previously unable to travel to Austin for testing. Currently, all license tests affected by HB 472 are administered at the SFMO which requires all licensees to travel to Austin, Texas to take the test. The proposed amendments will permit the applicant to take the licensing exam at one of the outsource testing service facilities located throughout the state. This flexibility will save the applicant travel time as well as reduce costs encountered by over-night accommodations.The cost to a business in the fire extinguisher, fire alarm, fire sprinkler and pyrotechnic industry qualifying as a small business under the Government Code §2006.001 will be the same as the cost to the largest business because the cost is not dependent upon the size of the business but rather is the cost per specific type of license. Because licenses are required for individuals in the industry, it is neither legal nor feasible to waive the proposed amendments for small or micro businesses because minimum standards for safety must be applied consistently to large, small and micro businesses. Although the costs to businesses is dependent on the number of licensees it employs, the licensee now has the option of taking the qualifying test at a local outsource testing facility which may cost the licensee or his employer less as he will not be required to travel to Austin to take the test.

To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on May 3, 2004 to Gene C. Jarmon, General Counsel and Chief Clerk, Texas Department of Insurance, P.O. Box 149104, Mail Code 113­2A, Austin, Texas 78714­9104. An additional copy of the comments must be submitted simultaneously to G. Mike Davis, State Fire Marshal, Mail Code 112-FM, Texas Department of Insurance, P.O. Box 149221, Austin, Texas 78714­9221. Requests for a public hearing should be submitted separately to the Office of the Chief Clerk.

The amended sections are proposed pursuant to the Insurance Code Articles 5.43-1, 5.43-2 and 5.43-3, Occupations Code §2154.052 and the Insurance Code §36.001. Insurance Code Articles 5.43-1, 5.43-2 and 5.43-3 mandate the adoption of rules necessary to implement the requirements of these articles. Occupations Code §2154.052 allows the commissioner to adopt and the fire marshal to administer rules that the commissioner considers necessary for the protection, safety, and preservation of life and property, including rules regulating the issuance of licenses and permits. Section 36.001 provides that the Commissioner of Insurance may adopt any rules necessary and appropriate to implement the powers and duties of the Texas Department of Insurance under the Insurance Code and other laws of this state.

The following statutes are affected by the proposed sections: Insurance Code Articles 5.43-1, Occupation Code §§2154.052, and 34.814. 2154.103 and 2154.155.

SUBCHAPTER E. FIRE EXTINGUISHER RULES

§34.506. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (12) (No change.)

(13) Outsource testing service--The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter.

(14)[(13)] Person--A natural person.

(15)[(14)] Plan--To lay out, detail, draw, calculate, devise, or arrange an assembly of detection or suppression devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his professional capacity.

(16) [(15)] Registered firm--A person, partnership, corporation, or association holding a current certificate of registration.

(17)[(16)] Shop--A facility of a registered firm where servicing, repairing, or hydrostatic testing is performed and where parts and equipment are maintained.

(18)[(17)] Test--The act of subjecting a portable or fixed system to any procedure necessary to determine whether it is properly installed or operates correctly.

§34.515. Fees.

(a)Every fee payable to the department and required in accordance with the provisions of the Insurance Code, Article 5.43-1, and [the sections of] this subchapter must be paid by cash, money order, or check. Money orders and checks must be made payable to the Texas Department of Insurance. Except for overpayments resulting from mistakes of law or fact, all fees are non-refundable.

(b)Fees payable to the department must be paid at the Office of the State Fire Marshal in Austin, or mailed to an address specified by the state fire marshal.

(c)Fees are as follows.

(1) Certificates of registration (Type A, B, and PL):

(A) initial fee--$450;

(B) renewal fee (for two years)--$600;

(C) renewal late fee (expired 1 day to 90 days)--$225;

(D) renewal late fee (expired 91 days to two years)--$450;

(E) [(C)]branch office initial fee--$100;

(F) [(D)]branch office renewal fee (for two years)--$200 ;[.]

(G) branch office late fee (expired 1 day to 90 days)--$50;

(H) branch office late fee (expired 91 days to two years)--$100.

(2) Certificate of registration (Type C):

(A) initial fee--$250;

(B) renewal fee (for two years)--$300 ;[.]

(C) renewal late fee (expired 1 day to 90 days)--$125;

(D) renewal late fee (expired 91 days to two years)--$250.

(3) Fire extinguisher license (Type A and B):

(A) initial fee-- $70 [$50];

(B) renewal fee (for two years)--$100 ;[.]

(C) renewal late fee (expired 1 day to 90 days)--$35;

(D) renewal late fee (expired 91 days to two years)--$70.

(4) Fire extinguisher license (Type PL):

(A) initial fee-- $70 [$50];

(B) renewal fee (for two years)--$100 ;[.]

(C) renewal late fee (expired 1 day to 90 days)--$35;

(D) renewal late fee (expired 91 days to two years)--$70.

(5) Apprentice permit fee--$30.

(6) Duplicate or revised certificates, licenses, permits, or other requested changes to certificates, licenses, or permits--$20.

(7) Initial test [examination] fee (if administered by the SFMO) [(nonrefundable and nontransferable)]--$20.

(8) Retest [Reexamination] fee (if administered by the SFMO) [ (nonrefundable and nontransferable)]--$20.

(d) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service.

(e) [ (d) ] Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license.

[ (e) Fees for certificates and licenses which have been expired for less than two years include both renewal and late fees and must be determined in accordance with the following schedule: ]

[ FIGURE 28 TAC §34.515(e) ]

§34.516. Tests [ Examinations ].

(a) Applicants for licenses are required to take a test [ an examination ] and obtain at least a grade of 70% on [ in each appropriate section of ] the test [ examination ] . Tests [ Examinations ] may be supplemented by practical tests or demonstrations deemed necessary to determine the applicant's knowledge and ability. The test content, frequency, [ and ] location and outsource testing service [ of the examination ] shall be designated [ set ] by the state fire marshal.

(1) The Type B license test [ examination ] will include questions on the following:

(A) [ a section on ] this subchapter and the Insurance Code, Article 5.43-1; and

(B) [ a section on ] installing[ , ] and servicing of portables.

(2) The Type A license test [ examination ] will include the topics [ sections ] described in paragraph (1)(A) and (B) of this subsection and [ a section on ] fixed systems.

(3) The Type PL license test [ examination ] will include the topics [ section ] described in paragraph (1)(A) of this subsection and a technically qualifying test [ examination ] to be conducted through NICET.

(b) The standards used in the tests [ examinations ] will be adopted by the State Fire Marshal´s Office [ commission ] .

(c) Examinees who fail any topic on the test [ section ] must file a retest [ reexamination ] application accompanied by the required fee.

(d) A person whose license has been expired for two years or longer who makes application for a new license must take and pass another test [ examination ]. No test [ examination ] is required for a licensee whose license is renewed within two years of expiration.

(e) An examinee who is scheduled for a test [ examination ] to be conducted on a religious holy day by the State Fire Marshal´s Office [ state fire marshal´s office ] and who wishes to observe the religious holy day may request the rescheduling of the test [ examination ] to an alternate date.

(f) An applicant may only schedule each type of test three times within a twelve-month period.

SUBCHAPTER F. FIRE ALARM RULES

§34.606. Definitions . The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) ­ (11) (No change.)

(12) Outsource testing service--The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter.

(13) [ (12) ] Plan--To lay out, detail, draw, calculate, devise, or arrange an assembly of fire alarm or detection devices, equipment, and appurtenances, including monitoring equipment, in accordance with standards adopted in this subchapter [ chapter ].

(14) [ (13) ] Primary registered firm--The registered fire alarm company with the responsibility for the fire alarm system certification.

(15) [ (14) ] Repair--To restore to proper operating condition.

(16) [ (15) ] Test--The act of subjecting a fire detection or alarm device or system, including monitoring equipment, to any procedure required by applicable standards or manufacturers' recommendations to determine whether it is properly installed or operates correctly.

§34.613. Applications .

(a) (No change.)

(b) Fire alarm licenses.

(1) In order to be complete, applications for a license from an employee or agent of a registered firm must be submitted on forms provided by the state fire marshal and be accompanied by all fees, documents, and information required by the Insurance Code, Article 5.43-2, and [ the sections of ] this subchapter [ chapter ]. Applications must be signed by the applicant and by a person authorized to sign on behalf of the registered firm. All applicants for any type of license must successfully complete a qualifying test [ examination ] regarding Insurance Code, Article 5.43-2, and the Fire Alarm Rules as designated [ to be conducted ] by the State Fire Marshal's Office [ office ].

(2) Applicants for fire alarm technician licenses must:

(A) furnish notification from NICET confirming the applicant's successful completion of the test [ examination ] requirements in work elements pertaining to fire alarm systems, as determined by the state fire marshal ; or

(B) successfully complete a technical qualifying test as designated [ examination to be conducted ] by the State Fire Marshal's Office [ office ].

(3) Applicants for a fire alarm monitoring technician license must successfully complete a technical qualifying test as designated [ examination to be conducted ] by the State Fire Marshal's Office [ office ] or provide evidence of current registration in Texas as a registered engineer.

(4) Applicants for a residential fire alarm superintendent (single station) license must successfully complete a technical qualifying test as designated [ examination to be conducted ] by the State Fire Marshal's Office [ office ].

(5) Applicants for a residential fire alarm superintendent license must:

(A) furnish notification from NICET confirming the applicant's successful completion of the test [ examination ] requirements in work elements pertaining to fire alarm systems, as determined by the state fire marshal; or

(B) successfully complete a technical qualifying test as designated [ examination to be conducted ] by the State Fire Marshal's Office [ office ] .

(6) Applications for a fire alarm planning superintendent license must be accompanied by one of the following documents as evidence of technical qualifications for a license:

(A) proof of registration in Texas as a professional engineer; or

(B) a copy of NICET's notification letter confirming the applicant's successful completion of the test [ examination ] requirements [ for certification at Level II until January 1, 1998 , at which time all applicants and renewal applicants must demonstrate successful completion of the examination requirements ] for NICET certification at Level III for fire alarm systems. [ All current licenses expiring after January 1, 1998 , shall be held as valid until their normal expiration date. ]

(c) Renewal applications.

(1) In order to be complete, renewal applications for certificates and licenses must be submitted on forms provided by the state fire marshal and be accompanied by all fees, documents, and information required by the Insurance Code, Article 5.43-2, and [ the sections of ] this subchapter [ chapter ]. A complete renewal application deposited with the United States Postal Service is deemed to be timely filed, regardless of actual date of delivery, when its envelope bears a postmark date which is before the expiration of the certificate or license being renewed.

(2) A license may not be renewed if the applicant is not currently an employee or an agent of a registered firm.

(d) Complete applications. The application form for a license or registration must be accompanied by the required fee and must, within 180 days of receipt by the department of the initial application, be complete and accompanied by all other information required by the Insurance Code Article 5.43-2 and this subchapter, or a new application must be submitted including all applicable fees.

§34.614. Fees.

(a ) Every fee payable to the department and required in accordance with the provisions of the Insurance Code, Article 5.43-2, and [ the sections of ] this subchapter [ chapter ] must be paid by cash, money order, or check. Money orders and checks must be made payable to the Texas Department of Insurance. Except for overpayments resulting from mistakes of law or fact, all fees are non-refundable.

(b) Fees payable to the department must be paid at the Office of the State Fire Marshal in Austin , Texas , or mailed to an addressed specified by the state fire marshal.

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service.

[(c) Fees are as follows:]

[ FIGURE 28 TAC §34.614(c) ]

(d) Fees are as follows:

(1) Certificates of registration:

(A) initial fee--$500;

(B) renewal fee (for two years)--$1,000;

(C) renewal late fee (expired 1 day to 90 days)--$125;

(D) renewal late fee (expired 91 days to two years)--$500;

(E) branch office initial fee--$150;

(F) branch office renewal fee (for two years)--$300;

(G) branch office late fee (expired 1 day to 90 days)--$37.50;

(H) branch office late fee (expired 91 days to two years)--$150;

(2) Certificates of registration--Single Station:

(A) initial fee--$250;

(B) renewal fee (for two years)--$500;

(C) renewal late fee (expired 1 day to 90 days)--$62.50;

(D) renewal late fee (expired 91 days to two years)--$250;

(E) branch office initial fee--None;

(F) branch office renewal fee (for two years)--None;

(3) Fire alarm licenses (Fire alarm technician license, Fire alarm monitoring technician license, Residential fire alarm superintendent (single station) license, Residential fire alarm superintendent license, Fire alarm planning superintendent license):

(A) initial fee--$120;

(B) renewal fee (for two years)--$200;

(C) renewal late fee (expired 1 day to 90 days)--$30;

(D) renewal late fee (expired 91 days to two years)--$120;

(4) Duplicate or revised certificate or license or other requested changes to certificates, or licenses--$20;

(5) Initial test fee (If administered by the State Fire Marshal´s Office)--$20;

(6) Retest fee (if administered by the State Fire Marshal´s Office)--$20.

(e) All fees are forfeited if the applicant does not appear for the scheduled test.

(f) [ (d) ] Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license except as provided in the Insurance Code, Article 5.43-2, § 5C(c).

(g) [ (e) ] Fees for certificates and licenses which have been expired for less than two years include both renewal and late fees [ and must be determined in accordance with the following schedule ].

[ FIGURE 28 TAC §34.614(e)]

§34.615. Test [ Examination ].

(a) Each applicant for a license must pass the appropriate tests [ examinations ]. Tests [ Examinations ] may be supplemented by practical tests or demonstrations necessary to determine the applicant's knowledge and ability.

(1) The license test [ examination ] will include a section on this subchapter [ chapter ] and the Insurance Code, Article 5.43-2, and a technical qualifying test to be conducted by [ examination ]:

(A) [ to be conducted by ] the State Fire Marshal´s Office [ state fire marshal´s office ] ; [ or ]

(B) [ to be conducted by ] NICET ; or [ . ]

(C) an outsource testing service.

(2) The standards used in tests [ examinations ] will be those adopted in §34.607 of this title (relating to Adopted Standards).

(b) Examinees who fail must file a retest [ reexamination ] application accompanied by the required fee in order to be retested [ reexamined ] on the next scheduled test [ examination ] date.

(c) A person whose license has been expired for two years or longer who makes application for a new license must take and pass another test [ examination ]. No test [ examination ] is required for a licensee whose license is renewed within two years of expiration.

(d) An applicant may only schedule each type of test [ examination ] three times within a twelve-month period.

SUBCHAPTER G. FIRE SPRINKLER RULES

§34.706. Definitions. The following words and terms, when used in this subchapter [ chapter ], shall have the following meanings, unless the context clearly indicates otherwise.

(1) ­ (4) (No change.)

(5) Department--The Texas Department of Insurance.

(6) [ (5) ] Firm--A person or organization as defined in this section.

(7) [ (6) ] Full-time--The number of hours that represents the regular, normal, or standard amount of time per week employees of the firm devote to work-related activities.

(8) [ (7) ] Full-time employment basis--An employee is considered to work on a full-time basis if the employee works per week at least the average number of hours worked per week by all other employees of the firm.

(9) [ (8) ] Inspector--A licensed responsible managing employee for a registered firm that is authorized by this chapter to conduct a premium reduction certification inspection of a fire protection sprinkler system in a one- or two-family dwelling.

(10) [ (9) ] NFPA--National Fire Protection Association, a nationally recognized standards-making organization.

(11) [ (10) ] NICET--National Institute for the Certification in Engineering Technologies.

(12) [ ( 11 ) ] Organization--A corporation, partnership or other business association, or governmental entity.

(13) Outsource testing service--The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter.

(14) [ (12) ] Person--A natural person.

(15) [ (13) ] Plan--To lay out, detail, draw, calculate, devise, or arrange an assembly of underground and overhead piping and appurtenances in accordance with either adopted fire protection standards or specifications especially designed by an engineer.

(16) [ (14) ] Registered firm--A person or organization holding a current certificate of registration.

(17) [ (15) ] Repair--Any work performed after initial installation on fire protection sprinkler systems, not including inspecting or testing.

(18) [ (16) ] Responsible managing employee--A responsible managing employee, as defined in the Insurance Code, Article 5.43-3, §1(10), and also known within this subchapter as an RME.

(19) [ (17) ] RME--A responsible managing employee, as defined in the Insurance Code, Article 5.43-3, §1(10).

(20) [ (18) ] Sprinkler system--A sprinkler system, for fire protection purposes which:

(A) is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards;

(B) is an installation including a water supply such as a gravity tank, fire pump, reservoir or pressure tank, and/or connection by underground piping to a city main from the point of connection or valve where the primary purpose of the water is for a fire protection sprinkler system;

(C) includes, as the portion of the sprinkler system aboveground, a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are connected in a systematic pattern;

(D) includes a controlling valve and a device for actuating an alarm when the system is in operation; and

(E) is usually activated by heat from a fire and discharges water over the fire area.

(21) [ (19) ] Test--The act of subjecting a fire protection sprinkler system to any procedure necessary to determine whether it is properly installed or operates correctly.

§34.713. Applications.

(a) (No change.)

(b) Responsible managing employee licenses.

(1) (No change.)

(2) The following documents must accompany the application as evidence of technical qualifications for a license:

(A) RME-General:

(i) proof of current registration in Texas as a professional engineer; or

(ii) a copy of NICET's notification letter confirming the applicant's successful completion of the test [ examination ] requirements for certification at Level III for fire protection automatic sprinkler systems layout.

(B) RME-Dwelling:

(i) proof of current registration in Texas as a professional engineer and evidence of the applicant's successful completion of a course, designated by the State Fire Marshal´s Office [ state fire marshal´s office ] , on the planning, inspection and installation of an NFPA 13D, dwelling fire protection sprinkler system; or

(ii) a copy of the notification letter confirming at least a 70% grade on the test [ examination ] covering dwelling fire protection sprinkler systems, administered by the State Fire Marshal´s Office [ state fire marshal´s office ] or an outsource testing service , and either:

(I) proof of license as a "RME-General" and evidence of the applicant's successful completion of a course, designated by the State Fire Marshal´s Office [ state fire marshal´s office ] , on the planning, inspection and installation of an NFPA 13D, dwelling fire protection sprinkler system; or

(II) evidence of the applicant's successful completion of a course, designated by the State Fire Marshal´s Office [ state fire marshal´s office ] , on the planning, inspection and installation of an NFPA 13D, dwelling fire protection sprinkler system and a copy of NICET's notification letter confirming the applicant's successful completion of the test [ examination ] requirements for certification at Level II for fire protection automatic sprinkler system layout and evidence of a current Texas master plumber license; or

(III) evidence of the applicant's successful completion of a course, designated by the State Fire Marshal´s Office [ state fire marshal´s office ] , on the planning, inspection and installation of an NFPA 13D, dwelling fire protection sprinkler system and a copy of NICET's notification letter confirming the applicant's successful completion of the test [ examination ] requirements for certification at Level II for fire protection automatic sprinkler system layout and evidence of current employment by a registered fire sprinkler contractor.

(C) RME-Underground Fire Main :

(i) proof of current registration in Texas as a professional engineer; or

(ii) a copy of the notification letter confirming at least a 70% grade on the test [ examination ] covering underground fire mains for fire protection sprinkler systems, administered by the State Fire Marshal´s Office [ state fire marshal´s office ] or an outsource testing service .

(c) Complete applications. The application form for a license or registration must be accompanied by the required fee and must, within 180 days of receipt by the department of the initial application, be complete and accompanied by all other information required by the Insurance Code Article 5.43-3 and this subchapter, or a new application must be submitted including all applicable fees.

§34.714. Fees.

(a) Every fee payable to the department and required in accordance with the provisions of the Insurance Code, Article 5.43-3, and this subchapter [ chapter ] must be paid by cash, money order, or check. Money orders and checks must be made payable to the Texas Department of Insurance [ Texas Commission on Fire Protection ] . Except for overpayments resulting from mistakes of law or fact, all fees are nonrefundable and non-transferable.

(b) Fees payable to the department shall be paid at the Office of the State Fire Marshal in Austin or mailed to an address specified by the state fire marshal.

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service.

(d) Fees are as follows:

(1) Certificates of registration:

(A) all initial applications shall include an application fee of--$50;

(B) initial fee--$900;

(C) renewal fee (for two years)--$1,800;

(D) renewal late fee (expired 1 day to 90 days)--$450;

(E) renewal late fee (expired 91 days to two years)--$1,800;

(2) Certificates of registration-(Dwelling or Underground fire main):

(A) all initial applications shall include an application fee of--$50;

(B) initial fee--$300;

(C) renewal fee (for two years)--$600;

(D) renewal late fee (expired 1 day to 90 days)--$150;

(E) renewal late fee (expired 91 days to two years)--$300;

(3) Responsible managing employee license (General):

(A) initial fee--$200;

(B) renewal fee (for two years)--$350;

(C) renewal late fee (expired 1 day to 90 days)--$100;

(D) renewal late fee (expired 91 days to two years)--$200;

(4) Responsible managing employee licenses (Dwelling, or Underground fire main):

(A) initial fee--$150;

(B) renewal fee (for two years)--$200;

(C) renewal late fee (expired 1 day to 90 days)--$75;

(D) renewal late fee (expired 91 days to two years)--$150;

(5) Duplicate or revised certificate or license or other requested changes to certificates, or licenses--$35;

(6) Test fee (if administered by the State Fire Marshal´s Office)--$50.

[ FIGURE 28 TAC §34.714(c)]

(e) [ (d) ] Late fees are required of all certificate or license holders who fail to submit renewal applications before their expiration dates.

(f) [ (e) ] A license or registration shall expire at 12:00 midnight on the date printed on the license or registration. A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely. If a renewal application is not complete but there has been no lapse in the required insurance, the applicant shall have 30 days from the time the applicant is notified by the State Fire Marshal´s Office [ state fire marshal´s office ] of the deficiencies in the renewal application to submit any additional requirement. If an applicant fails to respond and correct all deficiencies in a renewal application within the 30-day period, a late fee may be charged.

(g) [ (f) ] Holders of certificates and licenses which have been expired for less than two years cannot be issued new certificates or licenses.

(h) [ (g) ] Fees for certificates and licenses which have been expired for less than two years include both renewal and late fees [ and shall be determined in accordance with the following schedule ].

[ 28 TAC §34.714(g) ]

§34.715. Tests [ Examination s ] .

(a) Each applicant for a license shall take and pass with at least 70% grade a test [ examination ] covering this subchapter [ chapter ] and the Insurance Code, Article 5.43-3 and if applicable, a technical qualifying test [ examination ] as specified in §34.713(b) of this title (relating to Applications). The content, frequency, and location of the test [ examination ] shall be designated [ set ] by the State Fire Marshal´s Office [ state fire marshal´s office ] .

(b) Examinees who fail must file a retest [ re-examination ] application accompanied by the required fee.

(c) A person whose license has been expired for two years or longer who makes application for a new license must take and pass another test [ examination ] . No test [ examination ] is required for a licensee whose license is renewed within two years of expiration.

(d) An examinee who is scheduled for a test [ an examination ] to be conducted on a religious holy day by the State Fire Marshal´s Office [ state fire marshal´s office ] and who wishes to observe the religious holy day may request the rescheduling of the test [ examination ] to an alternate date.

(e) An applicant may only schedule each type of test three times within a twelve-month period.

SUBCHAPTER H. STORAGE AND SALE OF FIREWORKS

§34.808. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (13) (No change.)

(14) Department--The Texas Department of Insurance.

(15) [ (14) ] Donor building--A process building from which embers and burning debris are emitted during a fire.

(16) [ (15) ] DOT--The United States Department of Transportation.

(17) [ (16) ] Fireworks plant--All lands, and building thereon, used for or in connection with the manufacture or processing of fireworks. It includes storage facilities used in connection with plant operation.

(18) [ (17) ] Firm--A person, partnership, corporation, or association.

(19) [ (18) ] Flame effects operator--An individual who, by experience, training, or examination, has demonstrated the skill and ability to safely assemble, conduct, or supervise flame effects in accordance with §2154.253, Occupations Code.

(20) [ (19) ] Generator--Any device driven by an engine and powered by gasoline or other fuels to generate electricity for use in a retail fireworks stand.

(21) [ (20) ] Highway--The paved surface, or where unpaved, the edge of a graded or maintained public street, public alley, or public road.

(22) [ (21) ] Indoor retail fireworks site--A retail fireworks site other than a retail stand which sells Fireworks 1.4G from a building or structure.

(23) [ (22) ] License--The license issued by the state fire marshal to a person or a fireworks firm authorizing same to engage in the business.

(24) [ (23) ] Licensed firm--A person, partnership, corporation, or association holding a current license.

(25) [ (24) ] Magazine--Any building or structure, other than a manufacturing building, used for storage of Fireworks 1.3G.

(26) [ (25) ] Manufacturing--The preparation of fireworks mixes and the charging and construction of all unfinished fireworks, except pyrotechnic display items made on site by qualified personnel for immediate use when such operation is otherwise lawful.

(27) [ (26) ] Master electric switch--A manually operated device designed to interrupt the flow of electricity.

(28) [ (27) ] Mixing building--A manufacturer´s building used for mixing and blending pyrotechnic composition, excluding wet sparkler mixes.

(29) [ (28) ] Multiple public display permit--A permit issued for the purpose of conducting multiple public displays at a single approved location.

(30) [ (29) ] Non process building--Office buildings, warehouses, and other fireworks plant buildings where no explosive compositions are processed or stored. A finished firework is not considered an explosive composition.

(31) [ (30) ] Open flame--Any flame that is exposed to direct contact.

(32) Outsource testing service--The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter.

(33) [ (31) ] Process building--A manufacturer´s mixing building or any building in which pyrotechnic or explosive composition is pressed or otherwise prepared for finishing and assembling.

(34) [ (32) ] Public display permit--A permit authorizing the holder to conduct a public fireworks display using Fireworks 1.3G, on a single occasion, at a designated location and during a designated time period.

(35) [ (33) ] Retail fireworks site--The structure from which Fireworks 1.4G are sold and in which Fireworks 1.4G are held pending retail sale.

(36) [ (34) ] Retail stand--A retail site which sells Fireworks 1.4G over the counter to the general public who always remain outside the structure.

(37) [ (35) ] Safety container--A container especially designed, tested, and approved for the storage of flammable liquids.

(38) [ (36) ] School--Any inhabited building used as a classroom or dormitory for a public or private primary or secondary school, or institution of higher education.

(39) [ (37) ] Selling opening--An open area including the counter, through which fireworks are viewed and sold at retail.

(40) [ (38) ] Storage facility--Any building, structure, or facility in which finished Fireworks 1.4G are stored, but in which no manufacturing is performed.

(41) [ (39) ] Supervisor--A person 16 years or older who is responsible for the retail fireworks site during operating hours.

(42) [ (40) ] Walk door--An opening through which retail stand attendants can freely move and which can be secured to keep the public from the interior of the stand.

§34.811. Requirements, Pyrotechnic Operator License, Pyrotechnic Special Effects Operator License, and Flame Effects Operator License.

(a) Applicants for a pyrotechnic operator license, pyrotechnic special effects operator license or flame effects operator license shall take a written test [ examination ] and obtain at least a passing grade of 70%. Written tests [examinations] may be supplemented by practical tests or demonstrations deemed necessary to determine the applicant's knowledge and ability. The content, type, frequency , and location of the tests [ examinations ] shall be designated [ set ] by the state fire marshal.

(b) Examinees [ Applicants ] who fail may file a retest application accompanied by the required fee [ an application and take a reexamination ].

(c) An applicant may only schedule each type of test three times within a twelve-month period.

(d) [ (c) ] The state fire marshal may waive a test [ an examination ] requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of this state.

(e) [ (d) ] A licensee whose license has been expired for two years or longer and makes application for a new license must pass another test [ examination ] .

(f) [ (e) ] A pyrotechnic operator license shall not be issued to any person who fails to meet the requirements of subsection (a) of this section and the following:

(1) assisted in conducting at least five permitted or licensed public displays in the State of Texas under the direct supervision of and verified in writing by a pyrotechnic operator licensed in Texas;

(2) be at least 21 years of age.

(g) [ (f) ] The pocket license document issued along with the regular license document is for identification purposes only and must be carried by the licensee when engaged in the business.

§34.813. Applications for Licenses and Permits.

(a) ­ (f) No change.

(g) Complete applications. The application form for a license or permit must be accompanied by the required fee and must, within 180 days of receipt by the department of the initial application, be complete and accompanied by all other information required by the Texas Occupations Code Chapter 2154 and this subchapter, or a new application must be submitted including all applicable fees.

§34.814. Fees.

(a) Fees payable to the department and required by the Occupations Code Chapter 2154 and this subchapter, shall be paid by cash, money order, or check. Money orders and checks shall be made payable to the Texas Department of Insurance. Except for overpayments resulting from mistakes of law or fact, or credits for unused retail fireworks permits, all fees are nonrefundable and non-transferable.

(b) Fees payable to the department shall be paid at the Office of the State Fire Marshal in Austin , or mailed to an address specified by the state fire marshal. Retail permits may also be obtained through participating licensed firms. See §34.815 of this title (relating to Retail Permits).

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service.

(d) [ (c) ] Fees shall be as follows:

(1) manufacturer license:

(A) initial fee $1,000;

(B) renewal fee (prior to expiration) $1,000;

(C) renewal late fee (expired 1 day to 90 days) $500;

(D) renewal late fee (expired 91 days to two years) $1,000;

(2) distributor license:

(A) initial fee $1,500;

(B) renewal fee (prior to expiration) $1,500;

(C) renewal late fee (expired 1 day to 90 days) $750;

(D) renewal late fee (expired 91 days to two years) $1,500;

(3) jobber license:

(A) initial fee $1,000;

(B) renewal fee (prior to expiration) $1,000;

(C) renewal late fee (expired 1 day to 90 days) $500;

(D) renewal late fee (expired 91 days to two years) $1,000;

(4) pyrotechnic special effects operator license:

(A) initial fee $45 [ $25 ] ;

(B) renewal fee (prior to expiration ) $25 ;

(C) renewal late fee (expired 1 day to 90 days) $22.50 [ initial examination fee $20] ;

(D) renewal late fee (expired 91 days to two years) $45 [ reexamination fee $20 ];

(5) pyrotechnic operator license:

(A) initial fee $45 [ $25 ] ;

(B) renewal fee (prior to expiration) $25;

(C) renewal late fee (expired 1 day to 90 days) $22.50 [ initial examination fee $20] ;

(D) renewal late fee (expired 91 days to two years) $45 [ reexamination fee $20 ];

(6) multiple public display permit:

(A) initial fee $400;

(B) renewal fee (prior to expiration) $400;

(7) retail permit $20;

(8) single public display permit $50;

(9) agricultural, industrial, and wildlife control permits $10; [ and ]

(10) flame effects operator:

(A) initial fee $45 [$25];

(B) renewal fee (prior to expiration) $25;

(C) renewal late fee (expired 1 day to 90 days) $22.50[initial examination fee $20];

(D) renewal late fee (expired 91 days to two years) $45[reexamination fee $20];

(11) Tests administered by the State Fire Marshal´s Office:

(A) initial test fee $20;

(B) retest fee $20.

(e)[(d)] A renewal application for a license deposited with the United States Postal Service is deemed to be timely filed when its envelope bears a legible postmark on or before the expiration date of the license being renewed. Any renewal application postmarked after the expiration date must be accompanied by the renewal fee and the appropriate late fee.

(f) [(e)] Holders of licenses which have been expired for less than two years cannot be issued new licenses.

[(f) Late fees are as follows.]

[Figure: 28 TAC §34.814(f)]