Subchapter E. Fire Extinguisher Rules

28 TAC §§34.506, 34.507, 34.510 - 34.512, 34.514 - 34.517 and 34.521

The Commissioner of Insurance adopts amendments to §34.506 concerning definitions for fire extinguisher rules; §34.507 concerning adopted standards; §34.510 concerning certificates of registration; §34.511 concerning fire extinguisher licenses; §34.512 concerning apprentice permits; §34.514 concerning applications for certificates of registration and fire extinguisher licenses; §34.515 concerning fees; §34.516 concerning examinations; §34.517 concerning installation and service of fire extinguishers; and §34.521 concerning red tags . Sections 34.510, 34.514 and 34.517 are adopted with changes to the proposed text as published in the July 16, 2004 issue of the Texas Register (29 TexReg 6879). Sections 34.506, 34.507, 34.511, 34.512, 34.515, 34.516 and 34.521 are adopted without change and will not be republished.

The amendments are necessary to clarify the intent of the existing rules, add requirements to implement the latest improved nationally recognized safety standards, revise requirements to accommodate and facilitate the latest state-of-the-art industry practices and amend paperwork licensing procedures which will permit the State Fire Marshal´s Office to more equitably and efficiently regulate the activities of this industry through the enforcement of these rules, thereby providing an increased level of safety to the public which utilizes and relies on these fire extinguisher systems.

A grammatical change was made to §34.510. The department changed §34.514(b)(4)(A) and (B), in response to a comment, to require the provision of the information in these subparagraphs only upon request. The requirement to submit payroll receipts and federal withholding forms as a verification of employment as well as provision of insurance information on agents has been changed to providing the information when requested by the State Fire Marshal´s Office. After consultation with the Fire Extinguisher Advisory Council, the department realized that §34.517(g) needed clarification. The department changed subsection (g) to clarify that fire extinguisher firms are permitted to continue to install and service mechanical and pneumatic fire detection devices that are used to actuate the fire extinguishing systems they install. This has been historically permitted since the inception of the statute.

The amendments to §34.506 refine the definition of "shop" and add a new definition for "direct supervision." The amendment to §34.507(1) requires the installation of a new K class type fire extinguisher for new installations protecting cooking appliances that use combustible cooking media, but permits extinguishers, installed prior to June 30, 2004, that met the code at the time they were installed, to remain at the discretion of the owner. The amendments to §34.510(c) eliminate the requirement for the SFMO to issue specific types of fire extinguisher certificates of registration based on the type of licensee employed by the registered firm. These amendments add restricting language to limit the activity of the registered firm to the activities permitted by the license held by their employees and specify that the existing requirement for a separate Type C registration to engage in specific DOT hydrostatic testing is still in effect. The amendments to §34.510(e) set forth what is necessary to ensure that a registered firm´s shop is adequately equipped to service and test all fire extinguishers or systems by delineating the currently required minimum information and equipment a shop must maintain to actually provide the service. The amendments to §34.510(k) establish the timeframe within which a firm must report the need for a revision to a certificate and delete the requirement that the firm surrender the certificate requiring change. The amendments to §34.511(a) clarify the existing authorized business activity permitted under a Type A license by adding language to differentiate the activity permitted by the license for pre-engineered fixed systems and other than pre-engineered fixed systems to be consistent with Article 5.43-1 §4(c) of the Insurance Code. Additionally, the amendment to §34.511(a)(4) proposes a new specialized license, Type K, for new applicants whose activities are currently a part of a Type A license . In lieu of meeting all the requirements for a Type A license, the specialized licensee may choose to limit the scope of work to the servicing and certifying of portable fire extinguishers and the installation, certifying and servicing of pre-engineered fixed fire extinguisher systems exclusively for institutional cooking areas, since this is the overwhelming quantity of work in these industries. The amendments to §34.511(f) eliminate redundancy created by the amendments in §34.510(c) and amend the qualifications to obtain a Type A and a Type K license. The amendments to §34.512 eliminate the mandatory requirement for a licensee to submit their old license that requires a revision, prior to the issuance of a new revised license and add new subsection (e) which define the work an app rentice permittee may perform when under direct supervision of a licensee. The amendments to §34.514(b)(2) ensure that an applicant for a Type A license meets the requirements of §34.511(f) and is competent to install and service fixed systems. The amendments to §34.514(b)(4) require the applicant to indicate on their application if they are an employee or an agent of a registered firm and upon request to verify in writing that if the applicant is an agent, that they are covered by the same insurance policy required by §34.514(a)(7). This section also requires that if requested the employer must submit verification of employment to the State Fire Marshal´s Office. The amendment to §34.515(c)(3) adds the fee requirements for a Type K license. The amendments to §34.516 add the test requirements for the Type K license. The amendments of §34.517 correct the title of §34.507 and add new subsections (g) (j). Subsection (g) clarifies that installation or servicing of a fixed fire extinguisher system that includes the installation and servicing of an alarm or detection system and/or a fire sprinkler system requires the appropriate licensing for that type system and that fire extinguisher firms are permitted to continue to install and service mechanical and pneumatic fire detection devices that are used to actuate the fire extinguishing systems they install. Subsection (h) requires the fusible metal alloy type fixed temperature-sensing elements, replaced during servicing of an institutional cooking area, bear the manufacturer´s date stamp; the date stamp must be within one year of the date of the replacement. Subsection (i) requires the year in which a disposable actuation cartridge is replaced. Subsection (j) specifies that when a tamper indicator on a portable fire extinguisher is attached, the flag of the seal shall bear the year it was attached.

The amendments to §34.521 specify the minimum time frame to ensure that the owner and local authority having jurisdiction receive timely notification of impairments that render a portable extinguisher or fixed system unsafe or inoperable.

It is the department´s expectation that affected individuals will be in compliance with the amendments no later than January 1, 2005 . The extended period of time between the effective date and the applicable date will provide a reasonable amount of time for registered firms to ensure that a responsible managing employee is available to directly supervise installation and servicing of portable fire extinguishers or fixed fire extinguisher systems and for individuals to comply with new requirements for their license/permit or to acquire the new Type K class fire extinguisher license.

§34.514(b)(4)(A): A commenter is concerned that the requirement to submit an ind ividual´s pay receipts and federal withholding forms infringes on a company´s right to privacy as well as being unnecessary regulation of a business operation.

Agency´s Response: The department agrees with the commenter. It was the department´s intent in both subparagraphs (A) and (B) to ensure that employees and agents were covered by insurance. To avoid the required disclosure of confidential payroll information and to protect the privacy of the applicant and the registered firm, the department has changed subparagraph (A) by replacing the requirement for submission of payroll receipts and federal withholding forms with verification of employment with the registered firm if requested. The department has also changed subparagraph (B) to only provide verification of insurance on agents when requested, which will in effect reduce unnecessary paperwork on both the firm and the State Fire Marshal´s Office.

For with changes: M. Jacks Fire and Safety Equip. Co.

The amendments are adopted pursuant to the Insurance Code Article 5.43-1 and §36.001. Section 2 of Article 5.43-1 provides that the Commissioner of Insurance may adopt rules necessary for the administration of this article. Section 8 provides that the commissioner shall formulate and administer rules determined to be essentially necessary for the protection and preservation of life and property, specifically applicable to installing and servicing fire extinguisher systems. 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.

§34.506. 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, whether at a specific location or in a mobile unit, of a registered firm where servicing, repairing, or hydrostatic testing is performed and where parts and equipment, which are required by this subchapter or in the adopted standards, 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.

(19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee. The licensee, performing the direct supervision at the shop, must be present, at all times, on the premises where the supervised licensee or permittee is performing the service. When not at the shop the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or fixed fire extinguisher systems.

§34.507. Adopted Standards. The commissioner adopts by reference in their entirety, except as noted, the following copyrighted standards and recommendations as adopted in this subchapter. If a standard refers to a provision in a specific edition of another standard, the provision is applicable only if it does not conflict with the adopted standard shown in this section. The standards are published by and available from the National Fire Protection Association, Inc., (NFPA), Batterymarch Park , Quincy , Massachusetts 02269 .

(1) NFPA 10-1998, Standard for Portable Fire Extinguishers, except that the exception to paragraph 2-3.2 shall be deleted and the following wording substituted: "Exception: Extinguishers installed specifically for these hazards prior to June 30, 2004 ."

(2) NFPA 11-1998, Standard for Low Expansion Foam and Combined Agent Systems.

(3) NFPA 11A-1999, Standard for Medium and High Expansion Foam Systems.

(4) NFPA 12-2000, Standard on Carbon Dioxide Extinguishing Systems.

(5) NFPA 12A-1997, Standard on Halon 1301 Fire Extinguishing Systems.

(6) NFPA 15-1996, Standard for Water Spray Fixed Systems for Fire Protection.

(7) NFPA 16-1999, Standard for the Installation of Deluge Foam-Water Sprinkler and Foam-Water Spray Systems.

(8) NFPA 17-1998, Standard for Dry Chemical Extinguishing Systems, except that paragraph 7-3.2 shall only apply to new or modified installations after July 1, 1996 , in accordance with §34.517(f) of this subchapter (relating to Installation and Service).

(9) NFPA 17A-1998, Standard for Wet Chemical Extinguishing Systems, except that paragraph 3-1.1 shall only apply to new or modified installations after July 1, 1996, in accordance with §34.517(f) of this subchapter.

(10) NFPA 18-1995, Standard on Wetting Agents.

(11) NFPA 25-1998, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.

(12) NFPA 96-1998, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, except that paragraph 7-2.2 shall only apply to new or modified installations after July 1, 1996, in accordance with §34.517(f) of this subchapter.

(13) NFPA 2001-2000, Standard on Clean Agent Fire Extinguishing Systems.

§34.510.

(a) Required. Each firm and each branch office engaged in the business must obtain a certificate of registration from the state fire marshal.

(b) Properly equipped licensed person. Before engaging in the business, each registered firm must have at least one licensed person who shall be properly equipped to perform the act or acts authorized by its certificate.

(c) Types of certificates. The business activity authorized by the certificate is limited to the business activity(ies) authorized under the license of its employees. A separate Type C registration is required to engage in the business of hydrostatic testing of DOT specification fire extinguisher cylinders.

(d) Business location. A specific business location must be maintained by each registered firm, the location of which must be indicated on the certificate.

(e) Shop. A registered firm must establish and maintain a shop whether at a specific location or in a mobile unit designed so that servicing, repairing, or hydrostatic testing can be performed. The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services. At a minimum a firm shall maintain the following:

(1) a copy of the most recently adopted edition of NFPA 10;

(2) a copy of the most recently adopted Texas Insurance Code Article 5.43-1 and this chapter;

(3) a list of manufacturers and/or types of portable extinguishers serviced with their respective manuals and/or part lists;

(4) portable weight scale to accurately measure extinguisher gross weights;

(5) seals or tamper indicators;

(6) temporary fire extinguishers replacements;

(7) if performing annual maintenance on carbon dioxide extinguishers, at a minimum, the following additional items are required:

(A) conductivity tester, and

(B) conductivity test label.

(8) if performing internal maintenance for portable extinguishers, a written notice shall be kept on file indicating the registered firm performing the maintenance or, at a minimum, the following additional items are required:

(A) appropriate tools to remove and reinstall a valve head;

(B) charging adapters;

(D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced;

(E) appropriate recharge agents;

(F) agent fill funnels;

(G) light designed to be used for internal inspections;

(H) dry chemical closed recovery system or sufficient new dry chemical;

(I) leak test equipment;

(J) dry nitrogen cylinders, regulator and calibrated gauges for pressurizing cylinders;

(K) verification collar rings; and

(L) six year maintenance labels.

(9) if performing hydrostatic testing for portable extinguishers, a written notice shall be kept on file indicating the registered firm performing the test or, at a minimum, the following additional items are required:

(A) working hydrostatic test pump, with flexible connection, check valves and fittings;

(B) protective cage or barrier;

(D) drying equipment;

(E) hydrostatic test log; and

(F) hydrostatic test labels.

(10) if performing maintenance for DOT specification portable fire extinguishers, a written notice shall be kept on file indicating the registered firm which would perform the hydrostatic test when required or, at a minimum, the following additional items are required:

(A) a current Type C registration issued through the State Fire Marshal´s Office; and

(B) verification of registration through the US DOT.

(11) if installing or servicing a fixed fire extinguisher system, at a minimum, the following additional items are required:

(A) copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced;

(B) applicable manufacturer´s service manuals for the type of system; and

(f) Display of registration information. All vehicles used in installation, service, maintenance, testing, or certification activities must prominently display the company name, telephone number, and certificate-of-registration number. The numbers and letters must be permanently affixed or magnetically attached to a side panel and/or a front-door panel in a color contrasting with the background color of the vehicle. The certificate-of-registration number must be designated as: Tex : ECR (number).

(g) Posting. Each certificate shall be posted conspicuously for public view at the business location.

(h) Change of ownership.

(1) The total change of a firm's ownership invalidates the current certificate. To assure continuance of the business, a new application for a new certificate should be submitted to the state fire marshal 14 days prior to such change.

(2) A partial change in a firm's ownership will require a revised certificate if it affects the firm's name, location, or mailing address.

(i) Change of corporate officers. Any change of corporate officers must be reported in writing to the state fire marshal within 14 days. This change does not require a revised certificate.

(j) Duplicate certificates. A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate. The certificate holder must submit written notification of the loss or destruction without delay, accompanied by the required fee.

(k) Revised certificates. The change of a firm's name, location, or mailing address requires a revised certificate. Within 14 days after the change requiring the revision, the registered firm must submit written notification of the necessary change accompanied by the required fee to the State Fire Marshal´s Office.

(l) Nontransferable. A certificate is neither temporarily nor permanently transferable from one firm to another.

§34.511.

(a) Types of licenses. Each license must be identified by type, which indicates the business activity authorized under the license.

(1) Type PL For the planning, supervising, certifying, installing, or servicing of fixed systems other than pre-engineered systems. A system planning licensee may also perform, supervise, or certify the installation or servicing of pre-engineered fixed systems and portable fire extinguishers.

(2) Type A For certifying or servicing the installation of fixed fire extinguisher systems other than pre-engineered systems or for installing, certifying, or servicing of pre-engineered fixed fire extinguisher systems and the certifying and servicing of portable extinguishers.

(3) Type B For the servicing, certifying, and low-pressure hydrostatic testing of portables.

(4) Type K For installing, certifying, or servicing of pre-engineered fixed fire extinguisher systems for the protection of cooking areas and the certifying and servicing of portable extinguishers.

(b) Posting. Wall licenses shall be posted conspicuously for public view at the firm's business location.

(c) Pocket license. A licensee must carry a pocket license for identification while engaged in the activities of the business.

(d) Duplicate license. A duplicate license must be obtained from the state fire marshal to replace a lost or destroyed license. The license holder or registered firm must submit written notification of the loss or destruction, accompanied by the required fee.

(e) Revised license. The change of a licensee's registered firm or mailing address requires a revised license. Within 14 days after the change requiring the revision, the license holder or registered firm must submit written notification of the necessary change accompanied by the required fee.

(f) Restrictions.

(1) A licensee must not engage in any act of the business unless employed by a registered firm.

(2) A license is neither temporarily nor permanently transferable from one person to another.

(3) A registered firm must notify the state fire marshal within 14 days after termination of employment of a licensee.

(4) A Type A or Type K license shall not be issued to an individual unless the individual has held an apprentice permit or a Type B license for at least six months or has held a license to service fixed extinguisher systems for at least six months from another state.

§34.512.

(a) Pocket permit. A permit holder must carry a pocket permit for identification while engaging in the business.

(b) Duplicate permit. A duplicate permit must be obtained from the state fire marshal to replace a lost or destroyed permit. The permit holder and his employer must submit written notification of the loss or destruction without delay, accompanied by the required fee.

(c) Revised permits. The change of a permittee's employer, home address, or mailing address requires a revised permit. Within 14 days after the change requiring the revision, the permit holder or registered firm must submit written notification to the State Fire Marshal´s Office of the necessary change accompanied by the required fee.

(d) Nontransferable. A permit is neither temporarily nor permanently transferable from one person to another.

(e) Apprentice. An individual holding a current apprentice permit may, under the direct supervision of the licensee, assist in all respective services of the licensee; however, the licensee must sign all documents requiring the licensee´s signature.

§34.514.

(a) Certificates of registration.

(1) Applications for certificates and branch office certificates must be submitted on forms provided by the state fire marshal and accompanied by all other information required by the Insurance Code, Article 5.43-1, 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 must 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, §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 5.43-1, 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) Original applications for Type A certificates must be accompanied by a statement from the applicant which details the experience and educational information supporting and establishing the firm's qualifications to plan, install, or service fixed systems handled by the firm. Such statement may be further supported by documentation from manufacturers of pre-engineered fixed systems or fixed system equipment relative to the applicant's receipt of training and education regarding the installation and service of their products.

(5) Subsequent to receipt of a certificate of registration, holders thereof who commence to sell, install, and service pre-engineered fixed systems or system equipment other than those handled at the time of original certification must, within 60 days, forward a similar statement to the state fire marshal concerning the firm's qualification to install or service such other fixed systems. The statement must be accompanied by the names and license numbers of employees who have received necessary training in installing and servicing the additional systems.

(6) Applications for Type C certificates must be accompanied by a copy of the DOT letter registering the applicant's facility which awards a registration number to the facility.

(7) The applicant must comply with the following requirements concerning liability insurance.

(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 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.

(C) Evidence of public liability insurance, as required by the Insurance Code, Article 5.43-1, §4A, must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state.

(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 Extinguisher Service.

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

(F) 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 Extinguisher Service.

(b) Fire extinguisher licenses.

(1) Original 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 5.43-1, and this subchapter.

(2) Applications for Type A licenses must be accompanied by a written statement from the certificate holder (employer) certifying that the applicant meets the minimum requirements of §34.511(f)(4) of this subchapter (relating to Fire Extinguisher Licenses) and is competent to install or service fixed systems.

(3) Applications for Type PL licenses must be accompanied by one of the following documents to evidence technical qualifications for a license:

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

(B) a copy of NICET's notification letter regarding the applicant's successful completion of examination requirements for certification at Level III for Special Hazard Systems Layout or Special Hazard Suppression Systems.

(4) All applications must indicate if the individual is an employee or agent of the registered firm.

(A) If the individual is an employee of the registered firm, the State Fire Marshal´s Office may request from the registered firm verification of employment of the individual.

(B) If the individual is an agent of the fire extinguisher firm, the State Fire Marshal´s Office may request the firm to provide a letter or other document acceptable to the State Fire Marshal´s Office issued by the firm´s insurance company, verifying the policy number and that the acts of the individual are covered by the same insurance policy required by this subchapter to obtain the firm´s registration. If required, the verifying document must be submitted to the State Fire Marshal´s Office before a license will be issued or when there is a change in the licensee´s registered firm. Unless otherwise required by the State Fire Marshal´s Office, renewal of a license does not require insurance verification unless there has been a change in the insurance carrier.

(c) Complete application required for renewal. Renewal applications for certificates of registration and licenses must be submitted on forms provided by the state fire marshal and accompanied by all other information required by the Insurance Code, Article 5.43-1, 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.

(d) Timely filed. 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.

(e) Requirements for applicants holding licenses from other states. An applicant holding a valid license in another state who desires to obtain a Texas license through reciprocity must submit the following documentation with the application in addition to all other information required by the Insurance Code, Article 5.43-1, and this subchapter:

(1) a letter of certification from the licensing entity of another state certifying the applicant holds a valid license in that state; and

(2) additional information from the state detailing material content of any required examination used to qualify for license, including NFPA or other standards, if applicable.

(f) Apprentice permits. Each person employed as an apprentice by a firm engaged in the business must make application for a permit on a form provided by the state fire marshal and accompanied by the required fee.

(g) 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 5.43-1 and this subchapter, or a new application must be submitted including all applicable fees.

§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.

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

(A) initial fee--$450;

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

(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;

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

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

(A) initial fee--$70;

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

(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;

(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 questions on the following:

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

(B) installing and servicing of portables;

(D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking areas.

(3) The Type K license test will include questions on the following:

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

(B) installing and servicing of portables; and

(4) The Type PL license test will include questions on the following:

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

(B) 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.

(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.

§34.517.

(a) The following requirements are applicable to all portable extinguishers.

(1) Portable extinguishers must be installed, serviced, and maintained in compliance with the manufacturer's instructions and with the applicable standards adopted in this subchapter.

(2) A service tag certifying the work performed must be securely attached by the licensee to the portable extinguisher upon completion of the work.

(3) When requested in writing by the owner, a portable fire extinguisher of the type described in subparagraphs (A), (B), and (C) of this paragraph may be serviced in accordance with the requirement of this subchapter, regardless of whether it carries the label of approval or listing of a testing laboratory approved in accordance with this subchapter.

(A) All portable fire extinguishers that are serviced in accordance with the requirements of the United States Coast Guard and installed for use in foreign shipping vessels;

(B) All portable carbon dioxide fire extinguishers that are serviced in accordance with the requirements of the United States Department of Transportation; or

(4) A licensee who services portable fire extinguishers in accordance with paragraph (3) of this subsection, shall comply with the following:

(A) The back of the service tag shall be plainly marked with the words "No Listing Mark".

(B) All missing markings, code symbols, instructions and information, required by the applicable performance standard and fire test standard specified in §34.507(1) of this subchapter (relating to Adopted Standards), except for the approving or listing mark of the testing laboratory, shall be affixed to each extinguisher in the form of a label designated in the standard.

(b) The following requirements are applicable to all fixed fire extinguisher systems.

(1) Fixed systems must be planned, installed, and serviced in compliance with the manufacturer's installation manuals and specifications or the applicable standards adopted in this subchapter.

(2) Upon completion of the installation of a pre-engineered fixed fire extinguisher system, a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturer's installation manuals and specifications or standards adopted by the commissioner in this subchapter. The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification.

(3) Upon completion of the installation of a fixed fire extinguisher system other than a pre-engineered system, a Type A or Type PL licensee must place an installation label on the system to certify that the system was installed in compliance with the manufacturer's installation manuals and specifications, plans developed by a Type PL licensee or professional engineer, or standards adopted by the commissioner in this subchapter. The licensee whose signature appears on the installation label must be present for the final test of the system prior to certification.

(4) A service tag certifying the work performed must be securely attached by the licensee to the system upon completion of servicing.

(d) A pre-engineered fixed fire extinguisher system, except those covered by subsection (f) of this section, which has been previously installed in one location may be reinstalled in another location if:

(1) the system is of the size and type necessary to protect all hazards;

(2) all parts and equipment, when installed, will function as designed by the manufacturer; and

(3) the system shall comply with all applicable adopted standards.

(e) Fixed fire extinguisher systems other than pre-engineered systems must be planned, installed, or serviced by a Type PL licensee or professional engineer. Installation and servicing of such a system may also be performed by or supervised by a Type A licensee.

(f) All pre-engineered fixed fire extinguishing systems, installed or modified after July 1, 1996, in accordance with NFPA 17 or NFPA 17A or NFPA 96 of the adopted standards, for the protection of restaurant cooking areas, must meet the minimum requirements of Underwriters Laboratories, Inc., Standard 300, "Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Area" (UL 300).

(g) If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system and/or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection and/or actuation devices in connection with the fire extinguishing system, the licensing requirements of the appropriate Insurance Code Article 5.43-2 or 5.43-3 must be satisfied.

(h) The fixed temperature-sensing elements of the fusible metal alloy type, replaced while servicing a kitchen hood fire extinguishing system, must bear the manufacturer´s date stamp which must be within one year of the date of the replacement.

(i) The disposable actuation cartridge, replaced while servicing a kitchen hood fire extinguisher system, must bear the date of replacement.

(j) After operating the pull pin or locking device during maintenance of a portable fire extinguisher, the flag of the new seal or tamper indicator shall bear the year it was attached.

§34.521.

(a) If impairments are found which make a portable extinguisher or fixed system unsafe or inoperable, the owner or his representative must be notified in writing of all impairments. The registered firm shall notify the owner or his representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone, fax, or e-mail describing the impairments. A copy of the written notice to the owner shall be submitted to the AHJ within 3 days. A completed red tag must be attached to indicate that corrective action or replacement is necessary. The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable. A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system replaced and the extinguisher or fire extinguisher system reinspected and found to be in good operating condition.

(b) Red tags must be the same size as service tags.

(1) "DO NOT REMOVE--EQUIPMENT IMPAIRED" (all capital letters, at least 10-point boldface type);

(2) firm's name and address;

(3) firm's certificate-of-registration number;

(4) licensee's name and license number;

(5) licensee's signature (a stamped signature is prohibited);

(6) date;

(7) list of impairments; and

(8) name and address of owner or occupant.

(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service, an employee of the state fire marshal's office, or an employee of another governmental agency with regulatory authority.

(e) Red tag:

FIGURE: 28 TAC §34.521(e)