• Increase Text Icon
  • Decrease Text Icon
  • Email Icon
  • Print this page
You are here: Home . rules . 2004 . 05144-059
Archived File – for Reference Use.
Links and contact information may be outdated.

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 Commissioner of Insurance adopts 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 . Sections 34.614 and 34.713 are adopted with one typographical change and a clarification that renewal fees must accompany renewal applications, respectively, to the proposed text as published in the April 2, 2004 issue of the Texas Register (29 TexReg 3407). Sections 34.506, 34.515, 34.516, 34.606, 34.613 - 34.615, 34.706, 34.714 - 34.715, 34.808, 34.811, 34.813 and 34.814 are adopted without changes and will not be republished.

The adoption 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 amendments are necessary to establish the outsourcing of testing for certain licenses and clarify certain portions of the rules.

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

The adopted 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 as appropriate. The 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 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 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 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 amendments to §34.614 clarify the qualifying test fees if administered by the SFMO. The amendments to §34.615 provide that the qualifying test for the various fire alarm licenses can be given by an outsource testing service.

The amendments to §34.713 provide that the qualifying test for a responsible managing employee 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 amendments to §34.714 clarify the qualifying test fees if administered by the SFMO. The amendment to §34.715 sets out the number of times an applicant may schedule a test.

The amendments to §34.811 clarify the licensing process and set out the number of times a test may be scheduled. The 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 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 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.

No comments were received.

The amended sections are adopted 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. S ection 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.

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) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts.

(2) Business--The planning, certifying, installing, leasing, renting, selling, or servicing of portable fire extinguishers or fixed fire extinguisher systems.

(3) Certificate--The certificate of registration issued by the state fire marshal.

(4) Certify--To attest to the proper planning, installing, or servicing of portables and systems by attaching a completed service tag or other form required by a governmental authority.

(5) Commissioner--The commissioner of insurance.

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

(7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured, tested and stamped with the classification number as required by the United States Department of Transportation.

(8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and tested but not stamped with a classification number as required by the United States Department of Transportation. These cylinders may be marked by a label with the words "Meets DOT Requirements."

(9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement.

(10) License--The license issued by the state fire marshal to an employee of a registered firm.

(11) NFPA--The National Fire Protection Association, Inc., a nationally recognized standards-making organization.

(12) NICET--National Institute for the Certification in Engineering Technologies.

(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) Person--A natural person.

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

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

(18) 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 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) branch office initial fee--$100;

(F) 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;

(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;

(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 fee (if administered by the SFMO)--$20.

(8) Retest fee (if administered by the SFMO)--$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) 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.

§34.516. Tests.

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

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

(A) this subchapter and the Insurance Code, Article 5.43-1; and

(B) installing and servicing of portables.

(2) The Type A license test will include the topics described in paragraph (1)(A) and (B) of this subsection and fixed systems.

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

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

(c) Examinees who fail any topic on the test must file a retest 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. No test is required for a licensee whose license is renewed within two years of expiration.

(e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State Fire Marshal´s Office and who wishes to observe the religious holy day may request the rescheduling of the test 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) Business--Inspecting, planning, certifying, leasing, selling, servicing, testing, installing, monitoring, or maintaining of fire alarm or fire detection devices and systems.

(2) Certificate--The certificate of registration issued by the state fire marshal.

(3) Certify--To attest to the proper planning or servicing, installing, or maintaining of fire detection and fire alarm devices and systems, including monitoring equipment, by attaching a completed installation/service record label and completing an installation certificate form or other additional form required by a governmental authority.

(4) Commissioner--The commissioner of insurance.

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

(6) Direct supervision--The control of work, excluding the installation of conduit, raceways, junction boxes, back boxes, or similar electrical enclosures, as it is being performed on fire detection or fire alarm devices and systems by a licensed fire alarm technician or a licensed fire alarm planning superintendent.

(7) Firm--A person or an organization, as defined in the Insurance Code, Article 5.43-2.

(8) Local authority having jurisdiction--As used in the Texas Insurance Code, Article 5.43-2, §9(c), means a fire chief, fire marshal, or other designated official having statutory authority.

(9) Monitoring equipment--Equipment used to transmit and receive fire alarm, trouble, and supervisory signals from protected premises to a firm registered to monitor or one exempt from licensing by the Insurance Code, Article 5.43-2.

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

(11) NICET--National Institute for Certification in Engineering Technologies.

(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) 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.

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

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

(16) 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) Certificates of registration.

(1) Applications for certificates and branch office certificates 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 chapter. An application will not be deemed complete until all required forms, fees, and documents have been received in the State Fire Marshal's office.

(2) Applications must be signed by the sole proprietor, or by each partner of a partnership, or by an officer of a corporation. For applicants using an assumed name, the application must also be accompanied by evidence of compliance with the Assumed Business or Professional Name Act, Texas Business and Commerce Code, Chapter 36. The application must also include written authorization by the applicant permitting the state fire marshal or his representative to enter, examine, and inspect any premises, building, room, or establishment used by the applicant while engaged in the business to determine compliance with the provisions of the Insurance Code, Article 5.43-2, and the sections of this chapter.

(3) For corporations, the application must also include the name of each shareholder owning more than 25% of the shares issued by the corporation, the corporate taxpayer identification number, the charter number, a copy of the corporate charter of a Texas corporation, or, in the case of a foreign corporation, a copy of the Texas certificate of authority to do business, and a copy of the corporation's current franchise tax certificate of good standing issued by the State Comptroller's office.

(4) Insurance required.

(A) The state fire marshal will not issue a certificate of registration under these sections unless the applicant files with the State Fire Marshal's office evidence of an acceptable general liability insurance policy.

(B) Each registered firm must maintain in force and on file in the State Fire Marshal's office a certificate of insurance identifying the insured and the exact nature of the business insured. In identifying the named insured, the certificate of insurance must include either an assumed name or the name of the corporation, partners, if any, or sole proprietor, if applicable.

(5) Applicants for a certificate of registration who engage in monitoring must provide the specific business location(s) where monitoring will take place and the name and license number of the fire alarm licensee(s) at each business location. In addition, the applicants must provide evidence of listing or certification as a central station by a testing laboratory approved by the commissioner and a statement that the monitoring service is in compliance with adopted NFPA 72.

(6) Applicants for a certificate of registration - single station must provide a statement, signed by the sole proprietor, a partner of a partnership, or by an officer of the corporation, indicating that the firm exclusively engages in the business of planning, certifying, leasing, selling, servicing, installing, monitoring, or maintaining single station devices.

(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 this subchapter. 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 regarding Insurance Code, Article 5.43-2, and the Fire Alarm Rules as designated by the State Fire Marshal's Office.

(2) Applicants for fire alarm technician licenses must:

(A) furnish notification from NICET confirming the applicant's successful completion of the test 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 by the State Fire Marshal's Office.

(3) Applicants for a fire alarm monitoring technician license must successfully complete a technical qualifying test as designated by the State Fire Marshal's 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 by the State Fire Marshal's 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 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 by the State Fire Marshal's 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 requirements for NICET certification at Level III for fire alarm systems.

(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 this subchapter. 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 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 , 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.

(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) 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) Fees for certificates and licenses which have been expired for less than two years include both renewal and late fees .

§34.615. Test.

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

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

(A) the State Fire Marshal´s Office;

(B) NICET; or

(C) an outsource testing service.

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

(b) Examinees who fail must file a retest application accompanied by the required fee in order to be retested on the next scheduled test 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. No test is required for a licensee whose license is renewed within two years of expiration.

(d) An applicant may only schedule each type of test 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, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Business--Planning, selling, installing, maintaining, or servicing fire protection sprinkler systems.

(2) Certificate--The certificate of registration issued by the state fire marshal.

(3) Certify--To attest to the proper planning, installing, maintaining, or servicing of fire protection sprinkler systems by executing a contractor's material and test certificate or other form required by a governmental authority or by attaching a completed service tag.

(4) Commission--The Texas Commission on Fire Protection.

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

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

(7) 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) 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) 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) NFPA--National Fire Protection Association, a nationally recognized standards-making organization.

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

(12) 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) Person--A natural person.

(15) 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) Registered firm--A person or organization holding a current certificate of registration.

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

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

(20) 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) 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) Certificates of registration.

(1) Applications for certificates must be submitted on forms provided by the state fire marshal and must be accompanied by all other information required by the Insurance Code, Article 5.43-3, and this subchapter. An application will not be deemed complete until all required forms and documents have been received in the state fire marshal's office.

(2) Applications shall be signed by the sole proprietor, or by each partner of a partnership, or by an officer of a corporation. For corporations, the application must be accompanied by the corporate charter of a Texas corporation, or, in the case of a foreign corporation, a copy of the Texas certificate of authority to do business. For applicants using an assumed name, the application must also be accompanied by evidence of compliance with the Assumed Business or Professional Name Act, Texas Business and Commerce Code Annotated, §36.01. The application shall also include written authorization by the applicant permitting the state fire marshal or his representative to enter, examine, and inspect any premises, building, room, or establishment used by the applicant while engaged in the business to determine compliance with the provisions of the Insurance Code, Article 5.43-3, and this subchapter.

(3) For corporations, the application must also include the corporate taxpayer identification number, the charter number, and a copy of the corporation's current franchise tax certificate of good standing issued by the state comptroller's office.

(4) An applicant shall not designate as its full-time RME a person who is the designated full-time RME of another registered firm.

(5) A registered firm must not conduct any business as a fire protection sprinkler contractor until a full-time RME is employed.

(6) A certificate of registration may not be renewed unless the firm has at least one licensed RME as a full-time employee before the expiration of the certificate of registration to be renewed. If an applicant for renewal does not have an RME as a full-time employee as a result of death or disassociation of an RME within 30 days preceding the expiration of the certificate of registration, the renewal applicant must inform the license section of the state fire marshal's office of the employment of a full-time RME before the certificate of registration will be renewed.

(7) Insurance required.

(A) The state fire marshal must not issue a certificate of registration under this subchapter unless the applicant files with the state fire marshal's office a proof of liability insurance. The insurance must include products and completed operations coverage.

(B) Each registered firm must maintain in force and on file in the state fire marshal's office the certificate of insurance as required. Failure to do so will be cause for action to suspend the firm's certificate of registration.

(C) Evidence of public liability insurance, as required by the Insurance Code, Article 5.43-3, §5, must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state or, until September 1, 1989, a certificate of insurance for surplus lines coverage in compliance with the Insurance Code, Article 1.14-2, as contemplated under the Insurance Code, Article 5.43-3, §5(b).

(D) If a certificate of registration is to be issued in the name of a corporation, the corporate name must be used on the applicable insurance forms. If the corporation is obtaining a certificate of registration in an assumed name, the insurance must be issued to the corporation doing business as (dba) the assumed name. Example: XYZ Corporation dba XXX Fire Sprinkler Service.

(E) The insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners.

(F) The insurance for a proprietorship must be issued to the individual owner. If an assumed name is used, the insurance must be issued to the individual doing business as (dba) the assumed name. Example: William Jones dba XXX Fire Sprinkler Service.

(b) Responsible managing employee licenses.

(1) Original and renewal applications for a license from an employee of a firm engaged in the business must be submitted on forms provided by the state fire marshal and accompanied by all other information required by the Insurance Code, Article 5.43-3, and this chapter.

(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 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, 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 covering dwelling fire protection sprinkler systems, administered by the 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, 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, 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 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, 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 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 covering underground fire mains for fire protection sprinkler systems, administered by the 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 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 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.

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

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

(h) Fees for certificates and licenses which have been expired for less than two years include both renewal and late fees .

§34.715. Tests .

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

(b) Examinees who fail must file a retest 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. No test is required for a licensee whose license is renewed within two years of expiration.

(d) An examinee who is scheduled for a test to be conducted on a religious holy day by the State Fire Marshal´s Office and who wishes to observe the religious holy day may request the rescheduling of the test 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) Acceptor building--A building which is exposed to embers and debris emitted from a donor building.

(2) Agricultural, industrial, or wildlife control permits--Permits authorizing the holder to use Fireworks 1.3G for specified purposes in these business activities.

(3) Bare wiring--Any electrical cable or cord any part of which has the insulating cover broken or removed, exposing bare wire.

(4) Barricade--A natural or artificial barrier that will effectively screen a magazine, building, railway, or highway from the effects of an explosion in a magazine or building containing explosives. It shall be of such height that a straight line from the top of any side wall of a building, or magazine containing explosives to the eave line of any magazine, or building, or to a point 12 feet above the center of a railway or highway, will pass through such natural or artificial barrier.

(5) Barricade, artificial--An artificial mound or revetted wall of earth of a minimum thickness of one foot.

(6) Barricade, natural--Natural features of ground, such as hills, or timber of sufficient density that the surrounding exposures that require protection cannot be seen from the magazine or building containing explosives when the trees are bare of leaves.

(7) Barricade, screen type--Any of several barriers for containing embers and debris from fires and deflagrations in process buildings that could cause fires and explosions in other buildings. Screen type barricades shall be constructed of metal roofing, inch or 1/2 inch mesh screen or equivalent material. A screen type barricade extends from the floor level of the donor building to such height that a straight line from the top of any side wall of the donor building to the eave line of the acceptor building will go through the screen at a point not less than five feet from the top of the screen. The top five feet of the screen are inclined at an angle of between 30 and 45 degrees, toward the donor building.

(8) Breakaway construction--A general term which applies to the principle of purposely providing a weak wall so that the explosive effects can be directed and minimized. The term "weak wall" as used in these sections refers to a weak wall and roof, or weak roof. The term "weak wall" is used in a relative sense as compared to the construction of the entire building. The design strength of the weak wall will vary as to the building construction, as well as to the type and quantity of explosive or pyrotechnic materials in the building. The materials used for weak wall construction are usually light gauge metal, plywood, hardboard, or equivalent lightweight material, and the material is purposely selected to minimize the danger from flying missiles. Method of attachment of the weak wall shall be such as to aid the relief of blast pressure and fireball.

(9) Bulk storage, Fireworks 1.4G--The storage of 500 or more cases of Fireworks 1.4G.

(10) Business--The manufacturing, importing, distributing, jobbing, retailing of permissible fireworks, acting as a pyrotechnic operator, the conducting of multiple public fireworks displays, using fireworks for agricultural, wildlife, or industrial purposes.

(11) Buyer--Any person or group of persons offering an agreed upon sum of money or other considerations to a sales person for fireworks.

(12) CFR--The Code of Federal Regulations, a codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. The Code is divided into 50 titles. The titles are divided into chapters, which are further subdivided into parts.

(13) Commissioner--The Commissioner of Insurance.

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

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

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

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

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

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

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

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

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

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

(26) 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) Master electric switch--Manually operated device designed to interrupt the flow of electricity.

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

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

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

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

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

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

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

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

(42) 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 and obtain at least a passing grade of 70%. Written tests may be supplemented by practical tests or demonstrations deemed necessary to determine the applicant's knowledge and ability. The content, frequency , and location of the tests shall be designated by the state fire marshal.

(b) Examinees who fail may file a retest application accompanied by the required fee .

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

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

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

(f) 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) 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) Applications for a license or permit to engage in the business, other than retail permits, shall be on forms provided by the state fire marshal, and shall be accompanied by the appropriate fee and documentation as may be required.

(b) Applications must be signed by the sole proprietor, by each partner of a partnership, or by an officer of a corporation or association. Applications from foreign and out of state corporations shall be accompanied by evidence of authority to conduct business in this state granted by the Texas secretary of state and where applicable, the applicant shall evidence compliance with the Assumed Business or Professional Name Act, Texas Business and Commerce Code, Chapter 36.

(c) Applications for a public display permit shall include the following information:

(1) the name, address, and telephone number of the applicant;

(2) a copy of the site inspection report from the fire prevention officer;

(3) the location or alternate location for the display;

(4) the name and license number of the pyrotechnic operator who is to supervise the display;

(5) the size and estimated number of fireworks to be discharged, the number of set pieces, and other items;

(6) the manner and place of storage of such fireworks prior to and during the display;

(7) a diagram of the grounds on which the display is to be held indicating the:

(A) area meeting appropriate distance regulations which outlines the parameters within which the particular site may be adjusted on the day of the proposed display to address safety concerns or wind changes from which fireworks will be discharged;

(B) distance from exposure to discharge point;

(C) distance from spectators to discharge point; and

(D) method of spectator restraint;

(8) evidence of public liability insurance, as required by the Occupations Code §2154.205;

(9) the name and license number of the manufacturer or distributor licensed in Texas who is to supply the fireworks; and

(10) applications for a display permit shall include the date, time, and the alternate date and time of the display.

(d) A completed application for a public display permit shall be received by the state fire marshal before the display is to be conducted. A facsimile or other photocopy of the application received by the state fire marshal during normal working hours prior to the date of the display and determined to be in compliance with the provisions of this section, along with the appropriate fee, shall be acceptable for purposes of this section. An applicant issued a permit under the facsimile provisions of this section shall maintain original documentation of the application for a period of one year and shall provide such original materials to the state fire marshal on request.

(e) An additional public display permit shall be required for each site separated from the permitted site by over 1,000 feet measured horizontally.

(f) When an application for a permit is required by the Occupations Code §2154.253 for the use of flame effects or pyrotechnics before an assembly of fifty people or more and is submitted to the state fire marshal, as the authority having jurisdiction because the political subdivision has no fire marshal, local fire protection district, or emergency services district, the application shall be on the form provided by the state fire marshal and include the following information:

(1) the name, address, and telephone number of the applicant;

(2) the date, time, and the alternate date and time of the event;

(3) the location or alternate location for the event;

(4) the names and license numbers of the pyrotechnic operator and the flame effects operator who will be on-site at all times and who will supervise the event;

(5) the plan and information required by NFPA 1126 and NFPA 160;

(6) evidence of general liability insurance, as required by the Occupations Code §2154.207;

(7) name and employer of person who will give verbal instruction regarding the location and use of available exits and information on the building fire protection system as required by §2154.253, Occupations Code; and

(8) whether the building contains a complete operational sprinkler system or personnel that will implement a stand-by fire watch.

(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 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) 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 ;

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

(C) renewal late fee (expired 1 day to 90 days) $22.50;

(D) renewal late fee (expired 91 days to two years) $45 ;

(5) pyrotechnic operator license:

(A) initial fee $45 ;

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

(C) renewal late fee (expired 1 day to 90 days) $22.50;

(D) renewal late fee (expired 91 days to two years) $45 ;

(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;

(10) flame effects operator:

(A) initial fee $45;

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

(C) renewal late fee (expired 1 day to 90 days) $22.50 ;

(D) renewal late fee (expired 91 days to two years) $45;

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

(A) initial test fee $20;

(B) retest fee $20.

(e) A renewal application for a license accompanied by the renewal fee 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) Holders of licenses which have been expired for less than two years cannot be issued new licenses.



For more information, contact:

Contact Information and Other Helpful Links