INSURANCE CODE
TITLE 20. REGULATION OF OTHER OCCUPATIONS
CHAPTER 6001. FIRE EXTINGUISHER SERVICE AND INSTALLATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6001.001. PURPOSE. The purpose of this chapter is to
safeguard lives and property by:
(1) regulating:
(A) the leasing, selling, installing, and servicing of portable
fire extinguishers; and
(B) the planning, certifying, installing, and servicing of fixed
fire extinguisher systems; and
(2) prohibiting portable fire extinguishers, fixed fire
extinguisher systems, or extinguisher equipment that is not
labeled or listed by a testing laboratory approved by the
department.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.002. DEFINITIONS. In this chapter:
(1) "Firm" means an individual, partnership, corporation, or
association.
(2) "Fixed fire extinguisher system" means an assembly of
piping, conduits, or containers that convey liquid, powder, or
gases to dispersal openings or devices protecting one or more
hazards by suppressing or extinguishing fires.
(3) "Hydrostatic testing" means pressure testing by hydrostatic
methods.
(4) "Insurance agent" means:
(A) an individual, firm, or corporation licensed under:
(i) Subchapter E, Chapter 981; or
(ii) Subchapter A, B, C, D, E, or G, Chapter 4051; or
(B) an individual authorized to represent an insurance fund or
pool created by a municipality, county, or other political
subdivision of this state under Chapter 791, Government Code.
(5) "Portable fire extinguisher" means any device that contains
liquid, powder, or gases for suppressing or extinguishing fires.
(6) "Registered firm" means a firm that holds a registration
certificate.
(7) "Service" and "servicing" mean servicing a portable fire
extinguisher or a fixed fire extinguisher system by inspecting,
charging, filling, maintaining, recharging, refilling, repairing,
or testing.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONER,
DEPARTMENT, AND STATE FIRE MARSHAL
Sec. 6001.051. ADMINISTRATION OF CHAPTER. (a) The department
shall administer this chapter.
(b) The commissioner may issue rules the commissioner considers
necessary to administer this chapter through the state fire
marshal.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.052. ADOPTION OF RULES. (a) In adopting necessary
rules, the commissioner may use recognized standards, including
standards:
(1) published by the National Fire Protection Association;
(2) recognized by federal law or regulation;
(3) published by any nationally recognized standards-making
organization; or
(4) contained in the manufacturer's installation manuals.
(b) The commissioner shall adopt and administer rules determined
essentially necessary for the protection and preservation of life
and property regarding:
(1) registration of firms engaged in the business of:
(A) installing or servicing portable fire extinguishers or
planning, certifying, installing, or servicing fixed fire
extinguisher systems; or
(B) hydrostatic testing of fire extinguisher cylinders;
(2) the examination and licensing of individuals to:
(A) install or service portable fire extinguishers; and
(B) plan, certify, install, or service fixed fire extinguisher
systems; and
(3) requirements for:
(A) installing or servicing portable fire extinguishers; and
(B) planning, certifying, installing, or servicing fixed fire
extinguisher systems.
(c) The commissioner by rule shall prescribe requirements for
applications and qualifications for licenses, permits, and
certificates issued under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The commissioner may not adopt rules restricting
advertising or competitive bidding by the holder of a license,
permit, certificate, or approval issued under this chapter except
to prohibit false, misleading, or deceptive practices.
(b) In the commissioner's rules to prohibit false, misleading,
or deceptive practices, the commissioner may not include a rule
that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license, permit, certificate, or
approval holder's personal appearance or voice in an
advertisement;
(3) relates to the size or duration of an advertisement by the
license, permit, certificate, or approval holder; or
(4) restricts the license, permit, certificate, or approval
holder's advertisement under a trade name.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.054. GENERAL POWERS AND DUTIES OF DEPARTMENT. (a)
The department shall evaluate the qualifications of a firm:
(1) applying for a registration certificate to engage in the
business of installing or servicing portable fire extinguishers
or planning, certifying, installing, or servicing fixed fire
extinguisher systems; or
(2) seeking approval as a testing laboratory.
(b) The department shall issue:
(1) registration certificates for firms that qualify under
commissioner rules to engage in the business of installing or
servicing portable fire extinguishers or planning, certifying,
installing, or servicing fixed fire extinguisher systems; and
(2) licenses, apprentice permits, and authorizations to perform
hydrostatic testing to firms or individuals that qualify.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.055. FEES. (a) The commissioner shall set the fee
for:
(1) an initial firm registration certificate in an amount not to
exceed $450;
(2) the renewal of a firm registration certificate in an amount
not to exceed $300 annually;
(3) an initial branch office registration certificate in an
amount not to exceed $100;
(4) the renewal of a branch office registration certificate in
an amount not to exceed $100 annually;
(5) an initial registration certificate to perform hydrostatic
testing of fire extinguishers manufactured in accordance with the
specifications and procedures of the United States Department of
Transportation in an amount not to exceed $250;
(6) the renewal of a registration certificate to perform
hydrostatic testing of fire extinguishers manufactured in
accordance with the specifications and procedures of the United
States Department of Transportation in an amount not to exceed
$150 annually;
(7) an initial employee license fee in an amount not to exceed
$70;
(8) the annual renewal of an employee license in an amount not
to exceed $50; and
(9) an apprentice permit in an amount not to exceed $30.
(b) Unless the examination or reexamination for an employee
license is administered by a testing service, the commissioner
shall set a nonrefundable fee for:
(1) the initial examination in an amount not to exceed $30; and
(2) each reexamination in an amount not to exceed $20.
(c) The commissioner shall set a fee in an amount not to exceed
$20 for:
(1) a duplicate registration certificate, license, or apprentice
permit issued under this chapter; or
(2) any request requiring changes to a registration certificate,
license, or permit.
(d) On a change of ownership of a registered firm, the
department shall issue a new registration certificate with a new
number for a fee set by the commissioner in an amount not to
exceed $450. On a change of ownership of a branch office, the
commissioner shall charge a fee in an amount not to exceed $100.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.056. DEPOSIT IN OPERATING ACCOUNT. All money
collected under this chapter, other than penalties and monetary
forfeitures, shall be paid to the department and deposited in the
state treasury to the credit of the Texas Department of
Insurance operating account for use in administering this
chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
SUBCHAPTER C. FIRE EXTINGUISHER ADVISORY COUNCIL
Sec. 6001.101. ADVISORY COUNCIL; APPOINTMENT. (a) The
commissioner may delegate the exercise of all or part of the
commissioner's functions, powers, and duties under this chapter,
other than the issuance of licenses, certificates, and permits,
to a fire extinguisher advisory council.
(b) The commissioner shall appoint the members of the advisory
council. The members of the council must:
(1) be experienced and knowledgeable in one or more of the
following:
(A) fire services;
(B) fire extinguisher manufacturing;
(C) fire insurance inspection or underwriting; or
(D) fire extinguisher servicing; or
(2) be members of a fire protection association or industrial
safety association.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.102. ADVISORY COUNCIL DUTIES. (a) The fire
extinguisher advisory council shall assist in the formulation
and review of rules adopted under this chapter.
(b) The advisory council shall periodically:
(1) review rules implementing this chapter; and
(2) recommend rule changes to the commissioner.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
SUBCHAPTER D. REGISTRATION, LICENSE, AND PERMIT REQUIREMENTS
Sec. 6001.151. FIRM REGISTRATION CERTIFICATE REQUIRED. Unless
the firm holds a registration certificate issued by the
department, a firm may not engage in the business of:
(1) installing or servicing portable fire extinguishers; or
(2) planning, certifying, installing, or servicing fixed fire
extinguisher systems.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.152. BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED.
(a) Each separate office location of a firm holding a
registration certificate, other than the location identified on
the firm's certificate, must have a branch office registration
certificate issued by the department.
(b) Before issuing a branch office registration certificate, the
department must determine that the branch office location is part
of a registered firm.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.153. HYDROSTATIC TESTING; REGISTRATION CERTIFICATE
REQUIRED. (a) A firm may not perform hydrostatic testing of
fire extinguishers manufactured in accordance with the
specifications and procedures of the United States Department of
Transportation unless the firm:
(1) complies with the procedures specified by that department
for compressed gas cylinders; and
(2) holds a registration certificate issued by the state fire
marshal authorizing hydrostatic testing.
(b) The license of an individual qualified to do work described
by Subsection (a) must indicate the authority of the individual
to perform that work.
(c) Hydrostatic testing of fire extinguishers that is not
performed under the specifications of the United States
Department of Transportation must be performed in the manner
recommended by the National Fire Protection Association.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.154. REQUIRED INSURANCE COVERAGE FOR REGISTRATION
CERTIFICATE. (a) The department may not issue a registration
certificate under this chapter unless the applicant files with
the department evidence of a general liability insurance policy
that includes products and completed operations coverage. The
policy must be conditioned to pay on behalf of the insured those
amounts that the insured becomes legally obligated to pay as
damages because of bodily injury and property damage caused by an
occurrence involving the insured or the insured's officer, agent,
or employee in the conduct of any activity that requires a
registration certificate or license under this chapter.
(b) Unless the commissioner, after notice and an opportunity for
a hearing, increases or decreases the limits, the limits of
insurance coverage required by Subsection (a) must be at least:
(1) $100,000 combined single limits for bodily injury and
property damage for each occurrence; and
(2) $300,000 aggregate for all occurrences for each policy year.
(c) The evidence of insurance required by this section must be
in the form of a certificate of insurance executed by an insurer
authorized to engage in the business of insurance in this state
and countersigned by an insurance agent licensed in this state.
A certificate of insurance for surplus lines coverage procured in
compliance with Chapter 981 through a surplus lines agent that is
licensed under Subchapter E, Chapter 981, and resident in this
state may be filed with the department as evidence of the
coverage required by this section.
(d) An insurance certificate executed and filed with the
department under this section remains in force until the insurer
has terminated future liability by the notice required by the
department.
(e) Failure to maintain the liability insurance required by this
section constitutes grounds for the denial, suspension, or
revocation, after notice and opportunity for hearing, of a
registration certificate issued under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.155. EMPLOYEE LICENSE REQUIRED. (a) Except as
provided by Section 6001.156, an individual, other than an
apprentice, must hold a license issued by the department before:
(1) installing or servicing portable fire extinguishers;
(2) installing, servicing, or certifying preengineered fixed
fire extinguisher systems; or
(3) planning, supervising, servicing, or certifying the
installation of fixed fire extinguisher systems other than
preengineered systems.
(b) An individual who holds a license to install or service
portable fire extinguishers or install and service fixed fire
extinguisher systems must be an employee or agent of a registered
firm.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.156. ACTIVITIES NOT REGULATED BY CHAPTER. (a) The
licensing provisions of this chapter do not apply to:
(1) the filling or charging of a portable fire extinguisher by
the manufacturer before initial sale of the fire extinguisher;
(2) the servicing by a firm of the firm's portable fire
extinguishers or fixed systems by the firm's personnel who are
specially trained for that servicing;
(3) the installation of portable fire extinguishers in a
building by the building owner, the owner's managing agent, or an
employee of the building owner or the owner's managing agent;
(4) the installation or servicing of water sprinkler systems
installed in compliance with the National Fire Protection
Association's Standards for the Installation of Sprinkler
Systems;
(5) a firm that is engaged in the retail or wholesale sale of
portable fire extinguishers that carry an approval label or
listing of a testing laboratory approved by the department, but
that is not engaged in the installation or servicing of those
extinguishers;
(6) a fire department that services portable fire extinguishers
as a public service without charge, if the members of the fire
department are trained in the proper servicing of the fire
extinguishers;
(7) a firm that is a party to a contract under which:
(A) the installation of portable fire extinguishers or a fixed
fire extinguisher system is performed under the direct
supervision of and certified by a firm appropriately registered
to install and certify portable extinguishers or fixed systems;
and
(B) the registered firm assumes full responsibility for the
installation; or
(8) an engineer licensed under Chapter 1001, Occupations Code,
while acting solely in the engineer's professional capacity.
(b) Except as provided by Subsection (a), only the holder of a
license or an apprentice permit issued under this chapter may:
(1) install or service portable fire extinguishers; or
(2) install and maintain fixed fire extinguisher systems.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.157. LICENSE EXAMINATION. (a) The state fire marshal
shall:
(1) establish the scope and type of an examination required by
this chapter; and
(2) examine each applicant for a license under this chapter.
(b) The state fire marshal may administer the examination or may
enter into an agreement with a testing service.
(c) If a testing service is used, the state fire marshal may
contract with the testing service regarding requirements for the
examination, including:
(1) examination development;
(2) scheduling;
(3) site arrangements;
(4) grading;
(5) reporting;
(6) analysis; or
(7) other administrative duties.
(d) The state fire marshal may require the testing service to:
(1) correspond directly with a license applicant regarding the
administration of the examination;
(2) collect a reasonable fee from an applicant for administering
the examination; or
(3) administer the examination at a specific location or time.
(e) The state fire marshal shall adopt rules as necessary to
implement examination requirements under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.158. EXAMINATION RESULTS. (a) Not later than the
30th day after the date on which a licensing examination is
administered under this chapter, the state fire marshal shall
send notice to each examinee of the results of the examination.
(b) If an examination is conducted, graded, or reviewed by a
testing service, the state fire marshal shall send notice to the
examinees of the results of the examination not later than the
14th day after the date on which the state fire marshal receives
the results from the testing service.
(c) If the notice of the examination results will be delayed for
more than 90 days after the examination date, the state fire
marshal, before the 90th day, shall send notice to the examinee
of the reason for the delay.
(d) The state fire marshal may require a testing service to
notify an examinee of the results of the examinee's examination
under Subsections (a) and (b).
(e) If requested in writing by an individual who fails the
licensing examination administered under this chapter, the state
fire marshal shall send to the individual an analysis of the
individual's performance on the examination.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.159. CONTINUING EDUCATION REQUIREMENTS. (a) The
commissioner may adopt procedures for certifying and may certify
continuing education programs for individuals licensed under this
chapter.
(b) Participation in the continuing education programs is
voluntary.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.160. RECIPROCAL LICENSE.The department may waive any
license requirement for an applicant who holds a license issued
by another state that has license requirements substantially
equivalent to the license requirements of this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.161. APPRENTICE PERMIT REQUIRED. (a) An individual
may not install or service portable fire extinguishers or fixed
fire extinguisher systems as an apprentice unless the individual
holds an apprentice permit issued by the department.
(b) An apprentice may perform a service described by Subsection
(a) only under the direct supervision of an individual who holds
a license issued under this chapter and who works for the same
firm as the apprentice.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.162. NOT TRANSFERABLE. A registration certificate,
license, or permit issued under this chapter is not transferable.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
SUBCHAPTER E. RENEWAL OF REGISTRATION, LICENSE, OR PERMIT
Sec. 6001.201. RENEWAL REQUIRED; FEE. (a) A renewal of a
registration certificate or license issued under this chapter is
valid for a period of two years. The license or registration fee
for each year of the two-year period is payable on renewal.
(b) An apprentice permit expires on the first anniversary of the
date of issuance.
(c) The commissioner by rule may adopt a system under which
registration certificates, licenses, and permits expire on
various dates during the year. For the year in which an
expiration date of a registration certificate, license, or permit
is less than one year from its issuance or anniversary date, the
fee shall be prorated on a monthly basis so that each holder of a
registration certificate, license, or permit pays only that
portion of the renewal fee that is allocable to the number of
months during which the registration certificate, license, or
permit is valid. On each subsequent renewal, the total renewal
fee is payable.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.202. NOTICE OF EXPIRATION. At least 30 days before
the expiration date of a registration certificate or license, the
state fire marshal shall send written notice of the impending
expiration to the holder of the registration certificate or
license at the holder's last known address.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.203. RENEWAL PROCEDURES. (a) The holder of an
unexpired registration certificate or license may renew the
certificate or license by paying the required renewal fee to the
department before the expiration date of the certificate or
license.
(b) A firm or individual whose registration certificate or
license has been expired for 90 days or less may renew the
certificate or license by paying to the department:
(1) the required renewal fee; and
(2) a fee equal to one-half of the initial fee for the
certificate or license.
(c) A firm or individual whose registration certificate or
license has been expired for more than 90 days but less than two
years may renew the certificate or license by paying to the
department:
(1) all unpaid renewal fees; and
(2) a fee that is equal to the initial fee for the certificate
or license.
(d) A firm or individual whose registration certificate or
license has been expired for two years or longer may not renew
the certificate or license. The firm or individual may obtain a
new registration certificate or license by complying with the
requirements and procedures for obtaining an initial registration
certificate or license.
(e) This section may not be construed to prevent the department
from denying or refusing to renew a license under applicable law
or commissioner rules.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
SUBCHAPTER F. PROHIBITED PRACTICES
AND DISCIPLINARY PROCEDURES
Sec. 6001.251. PROHIBITED PRACTICES. (a) An individual or firm
may not:
(1) engage in the business of installing or servicing portable
fire extinguishers without holding a registration certificate;
(2) engage in the business of planning, certifying, installing,
or servicing fixed fire extinguisher systems without holding a
registration certificate;
(3) install, service, or certify the servicing of portable fire
extinguishers or plan, certify, service, or install fixed fire
extinguisher systems without holding a license;
(4) perform hydrostatic testing of fire extinguisher cylinders
manufactured in accordance with the specifications and
requirements of the United States Department of Transportation
without holding a hydrostatic testing registration certificate;
(5) obtain or attempt to obtain a registration certificate or
license by fraudulent representation;
(6) install or service portable fire extinguishers or plan,
certify, service, or install fixed fire extinguisher systems in
violation of this chapter or the rules adopted and administered
under this chapter;
(7) except as provided by Subsection (b), install, service, or
hydrostatically test a fire extinguisher that does not have the
proper identifying labels;
(8) sell, install, service, or recharge a carbon tetrachloride
fire extinguisher; or
(9) except as provided by Subsection (b), lease, sell, service,
or install a portable fire extinguisher, a fixed fire
extinguisher system, or extinguisher equipment unless it carries
an approval label or listing label issued by a testing laboratory
approved by the department.
(b) The commissioner by rule shall permit an individual or firm
to service a portable fire extinguisher regardless of whether the
extinguisher carries a label described by Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.252. DISCIPLINARY ACTIONS. (a) The state fire
marshal may suspend, revoke, or refuse to issue or renew a
registration certificate, license, or permit if, after notice and
hearing, the state fire marshal finds that the applicant,
registrant, license holder, or permit holder has engaged in acts
that:
(1) violate this chapter;
(2) violate rules or standards adopted under this chapter; or
(3) constitute misrepresentation made in connection with:
(A) the sale of products; or
(B) services rendered.
(b) Subject to Section 6001.253, the commissioner may suspend,
revoke, or refuse to issue or renew a certificate, license,
permit, or approval.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.253. DISCIPLINARY HEARING. (a) If the state fire
marshal proposes to suspend, revoke, or refuse to renew a
license, permit, certificate, or approval issued under this
chapter, the holder of the license, permit, certificate, or
approval is entitled to a hearing conducted by the State Office
of Administrative Hearings.
(b) Proceedings for a disciplinary action are governed by
Chapter 2001, Government Code.
(c) Rules of practice adopted by the commissioner applicable to
the proceedings for a disciplinary action may not conflict with
rules adopted by the State Office of Administrative Hearings.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.254. REAPPLICATION REQUIREMENTS. (a) An applicant or
holder of a registration certificate, license, or permit whose
certificate, license, or permit has been refused or revoked under
this chapter, other than for failure to pass a required written
examination, may not file another application for a registration
certificate, license, or permit before the first anniversary of
the effective date of the refusal or revocation.
(b) After the first anniversary of the effective date of the
refusal or revocation, the applicant may:
(1) reapply; and
(2) in a public hearing, show good cause why the issuance of the
registration certificate, license, or permit is not against the
public safety and welfare.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
Sec. 6001.255. REEXAMINATION AFTER REVOCATION. An individual
whose license to service portable fire extinguishers or to
install or service fixed fire extinguisher systems has been
revoked must retake and pass the required written examination
before a new license may be issued.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.
SUBCHAPTER G. CRIMINAL PENALTY
Sec. 6001.301. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly violates Section 6001.251(a).
(b) An offense under this section is a Class B misdemeanor.
(c) Venue for an offense under this section is in Travis County
or the county in which the offense is committed.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1J.001, eff. April 1, 2009.