1. INTRODUCTION. The Commissioner of Insurance adopts the repeal of §§34.718 - 34.723, concerning regulation of fire protection sprinkler systems. The repeal of these sections are adopted without changes to the proposal published in the November 4, 2005 issue of the Texas Register (30 TexReg 7191).
2. REASONED JUSTIFICATION. Insurance Code Article 5.43-3 §6 creates the Fire Protection Advisory Council (Council) to advise and recommend changes in the rules regulating fire protection sprinkler systems. The repeal of §§34.718 - 34.723 is necessary to implement the recommendations of the Council and to enable the adoption of new rules to update regulations regarding planning, installation, inspecting and servicing of fire protection sprinkler systems. The adoption of the new rules will make it easier for fire protection sprinkler contractors and fire officials to quickly locate the regulatory requirements as well as for fire officials to accurately enforce the sections. Notice of the adoption of new §§34.718-34.725, concerning the same general subject matter and concerning new installation and inspection labels, is also published in this issue of the Texas Register.
The repeal of these sections is effective AprilL 1, 2006.
3. HOW THE SECTIONS WILL FUNCTION. The repeal of these sections allows for the adoption of new §§34.718 - 34.723 that reorganize and renumber the sections and provide for the addition of new rules.
4. SUMMARY OF COMMENTS. The Department did not receive any comments on the proposed repeal.
5. STATUTORY AUTHORITY. Repeal of §§34.718 - 34.723 is adopted pursuant to the Insurance Code Article 5.43-3 and §36.001. Article 5.43-3 §3 provides that the Commissioner of Insurance may adopt rules necessary for the administration of this article. 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.
6. TEXT.
§34.718. Service Tags.
§34.719. Yellow Tags.
§34.720. Red Tags.
§34.721. Enforcement.
§34.722. Administrative Actions.
§34.723. Severability.