CHAPTER 6002. FIRE DETECTION AND ALARM DEVICE INSTALLATION - Texas Statutes

INSURANCE CODE

TITLE 20. REGULATION OF OTHER OCCUPATIONS

CHAPTER 6002. FIRE DETECTION AND ALARM DEVICE INSTALLATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 6002.001. PURPOSE. The purpose of this chapter is to

safeguard lives and property by:

(1) regulating the planning, certifying, leasing, selling,

servicing, installing, monitoring, and maintaining of fire

detection and fire alarm devices and systems; and

(2) except as provided by rules adopted under Section 6002.051

or 6002.052, prohibiting fire detection and fire alarm devices,

equipment, and systems not labeled or listed by a nationally

recognized testing laboratory.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.002. DEFINITIONS. Except as otherwise provided by

this chapter, in this chapter:

(1) "Fire alarm device" means any device capable, through

audible or visible means, of warning that fire or combustion has

occurred or is occurring.

(2) "Fire alarm planning superintendent" means a licensed

individual designated by a registered firm to:

(A) plan a fire alarm or detection system that conforms to

applicable adopted National Fire Protection Association standards

or other adopted standards; and

(B) certify that each fire alarm or detection system as planned

meets the standards as provided by law.

(3) "Fire alarm technician" means a licensed individual

designated by a registered firm to:

(A) inspect and certify that each fire alarm or detection system

as installed meets the standards provided by law; or

(B) perform or directly supervise the servicing or maintaining

of a previously installed fire alarm device or system and certify

that service or maintenance.

(4) "Fire detection device" means any arrangement of materials,

the sole function of which is to indicate the existence of fire,

smoke, or combustion in its incipient stages.

(5) "Individual" means a natural person, including an owner,

manager, officer, employee, occupant, or other individual.

(6) "Installation" means:

(A) the initial placement of equipment; or

(B) the extension, modification, or alteration of equipment

already in place.

(7) "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.

(8) "Maintenance" means the maintenance of a fire alarm device

or a fire detection device in a condition of repair that provides

performance as originally designed or intended.

(9) "Monitoring" means the receipt of fire alarm and supervisory

signals or communication of those signals to a fire service

communications center in this state or serving property in this

state.

(10) "Organization" means a corporation, a government or a

governmental subdivision or agency, a business trust, an estate,

a trust, a partnership, a firm or association, two or more

individuals with a joint or common interest, or any other legal

or commercial entity.

(11) "Registered firm" means an individual or organization that

holds a registration certificate.

(12) "Residential fire alarm superintendent" means a licensed

individual designated by a registered firm to:

(A) plan a residential single-family or two-family fire alarm or

detection system that conforms to applicable adopted National

Fire Protection Association standards or other adopted standards;

and

(B) certify that each fire alarm or detection system as planned

meets the standards as provided by law.

(12-a) "Residential fire alarm technician" means a licensed

individual who is designated by a registered firm to install,

service, inspect, and certify residential single-family or

two-family fire alarm or detection systems.

(13) "Sale" means the sale or offer for sale, lease, or rent of

any merchandise, equipment, or service at wholesale or retail, to

the public or any individual, for an agreed sum of money or other

consideration.

(14) "Service" or "servicing" means inspection, maintenance,

repair, or testing of a fire alarm device or a fire detection

device.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(a), eff. September 1, 2009.

Sec. 6002.003. EFFECT ON LOCAL REGULATION. (a) This chapter

and the rules adopted under this chapter have uniform force and

effect throughout this state. A municipality or county may not

enact an ordinance or rule inconsistent with this chapter or

rules adopted under this chapter. An inconsistent ordinance or

rule is void and has no effect.

(b) Notwithstanding Subsection (a), a municipality or county

may:

(1) mandate that a fire alarm or detection system be installed

in certain facilities, if the installation conforms to applicable

state law;

(2) require a better type of alarm or detection system or

otherwise safer condition than the minimum required by state law;

and

(3) require regular inspections by local officials of smoke

detectors in dwelling units, as that term is defined by Section

92.251, Property Code, and require the smoke detectors to be

operational at the time of inspection.

(c) A municipality, county, or other political subdivision of

this state may not require, as a condition of engaging in

business or performing any activity authorized under this

chapter, that a registered firm, a license holder, or an employee

of a license holder:

(1) obtain a registration, franchise, or license from the

political subdivision;

(2) pay any fee or franchise tax to the political subdivision;

or

(3) post a bond.

(d) Notwithstanding any other provision of this section or

Section 6002.155, a municipality or county may require a

registered firm to obtain a permit and pay a permit fee for the

installation of a fire alarm or fire detection device or system

and require that the installation of such a system be in

conformance with the building code or other construction

requirements of the municipality or county and state law.

(e) Notwithstanding Subsection (d), a municipality or county may

not impose qualification or financial responsibility requirements

other than proof of a registration certificate.

(f) A political subdivision may not require a registered firm, a

license holder, or an employee of a registered firm to maintain a

business location or residency within that political subdivision

to engage in a business or perform any activity authorized under

this chapter.

(g) A municipality or county may by ordinance require a

registered firm to make a telephone call to a monitored property

before the firm notifies the municipality or county of an alarm

signal received by the firm from a fire detection device.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(b), eff. September 1, 2009.

Sec. 6002.004. PROVISION OF CERTAIN SERVICES BY POLITICAL

SUBDIVISION. (a) In this section, "monitoring" means the

receipt of fire alarm or supervisory signals or retransmission or

communication of those signals to a fire service communications

center that is located in this state or serves property in this

state.

(b) Except as provided by Subsection (c), a political

subdivision may not offer alarm system sales, service,

installation, or monitoring unless the political subdivision has

been providing monitoring services within the boundaries of the

political subdivision as of September 1, 1999. Any fee charged

by the political subdivision under this subsection may not exceed

the cost of the monitoring.

(c) A political subdivision may:

(1) offer service, installation, or monitoring for property

owned by the political subdivision or another political

subdivision;

(2) allow for the response to an alarm or detection device by:

(A) a law enforcement agency or fire department; or

(B) a law enforcement officer or firefighter acting in an

official capacity; or

(3) offer monitoring to a financial institution, as defined by

Section 59.301, Finance Code, that requests, in writing, that the

political subdivision provide monitoring service to the financial

institution.

(d) Subsection (b) does not apply to a political subdivision:

(1) in a county with a population of less than 80,000; or

(2) in which monitoring is not otherwise provided or available.

(e) This section is not intended to require a political

subdivision to hold a license under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(c), eff. September 1, 2009.

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONER, DEPARTMENT,

AND STATE FIRE MARSHAL

Sec. 6002.051. ADMINISTRATION OF CHAPTER; RULES. (a) The

department shall administer this chapter.

(b) The commissioner may adopt rules as necessary to administer

this chapter, including 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. 6002.052. ADOPTION OF RULES; STANDARDS. (a) In adopting

necessary rules, the commissioner may use:

(1) recognized standards, such as, but not limited to:

(A) standards of the National Fire Protection Association;

(B) standards recognized by federal law or regulation; or

(C) standards published by a nationally recognized

standards-making organization;

(2) the National Electrical Code; or

(3) information provided by individual manufacturers.

(b) Under rules adopted under Section 6002.051, the department

may create specialized licenses or registration certificates for

an organization or individual engaged in the business of

planning, certifying, leasing, selling, servicing, installing,

monitoring, or maintaining fire alarm or fire detection devices

or systems. The rules must establish appropriate training and

qualification standards for each kind of license and certificate.

(c) The commissioner shall also adopt standards applicable to

fire alarm devices, equipment, or systems regulated under this

chapter. In adopting standards under this subsection, the

commissioner may allow the operation of a fire alarm monitoring

station that relies on fire alarm devices or equipment approved

or listed by a nationally recognized testing laboratory without

regard to whether the monitoring station is approved or listed by

a nationally recognized testing laboratory if the operator of the

station demonstrates that the station operating standards are

substantially equivalent to those required to be approved or

listed.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The commissioner may not adopt rules restricting

advertising or competitive bidding by the holder of a license or

registration certificate 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 or registration certificate

holder's personal appearance or voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

license or registration certificate holder; or

(4) restricts the license or registration certificate 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. 6002.0531. RULES REQUIRING FINANCIAL RESPONSIBILITY. The

commissioner may not adopt a rule to administer this chapter that

requires a person who holds a license under this chapter to

obtain additional certification that imposes a financial

responsibility on the license holder.

Added by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(i), eff. September 1, 2009.

Sec. 6002.054. FEES. (a) The commissioner shall set the fee

for:

(1) an initial registration certificate in an amount not to

exceed $500;

(2) the renewal of a registration certificate for each year in

an amount not to exceed $500;

(3) the renewal of a registration certificate for an individual

or organization engaged in the business of planning, certifying,

leasing, selling, servicing, installing, monitoring, or

maintaining exclusively single station devices in an amount not

to exceed $250 annually;

(4) an initial branch office registration certificate in an

amount not to exceed $150;

(5) the renewal of a branch office registration certificate for

each year in an amount not to exceed $150;

(6) an initial or renewal training school approval in an amount

not to exceed $500 annually;

(7) an initial or renewal of a training school instructor

approval in an amount not to exceed $50 annually;

(8) an initial license in an amount not to exceed $120, except

as provided by Subdivision (10);

(9) the renewal of a license for each year in an amount not to

exceed $100, except as provided by Subdivision (10); and

(10) an initial license fee, in an amount not to exceed $50, and

an annual renewal fee, in an amount not to exceed $50, for a

residential fire alarm technician license.

(b) Unless the examination or reexamination for a 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 or license issued under

this chapter; and

(2) any request requiring changes to a registration certificate

or license.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(d), eff. September 1, 2009.

Sec. 6002.055. DEPOSIT IN OPERATING ACCOUNT. The fees collected

under this chapter shall be deposited in the state treasury to

the credit of the Texas Department of Insurance operating

account.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.056. DEPARTMENT RECORDS. Records maintained by the

department under this chapter on the home address, home telephone

number, driver's license number, or social security number of an

applicant or a license or registration holder are confidential

and are not subject to mandatory disclosure under Chapter 552,

Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(j), eff. September 1, 2009.

SUBCHAPTER C. FIRE DETECTION AND ALARM DEVICES ADVISORY COUNCIL

Sec. 6002.101. ADVISORY COUNCIL; APPOINTMENT. The commissioner

shall appoint an advisory council consisting of seven individuals

as follows:

(1) three individuals who are employed by a registered firm in

the fire protection industry and who have at least three years'

experience in the sale, installation, maintenance, or manufacture

of fire alarm or fire detection devices;

(2) two individuals who:

(A) are experienced in the engineering of fire prevention

services; or

(B) are members of a fire protection association;

(3) one individual who is an experienced fire prevention officer

employed by a municipality or county; and

(4) one individual who:

(A) is employed by a registered firm; and

(B) has at least three years' experience in the operation of a

central fire alarm monitoring station.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.102. ADVISORY COUNCIL DUTIES. 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 APPROVAL REQUIREMENTS

Sec. 6002.151. FIRM REGISTRATION CERTIFICATE REQUIRED; LIMITED

CERTIFICATE. (a) An individual or organization may not engage

in the business of planning, certifying, leasing, selling,

installing, servicing, monitoring, or maintaining fire alarm or

fire detection devices or systems unless the individual or

organization holds a registration certificate issued by the

department.

(b) The department may issue a limited registration certificate

to an individual or organization whose business is restricted to

monitoring.

(c) Applications for registration certificates and

qualifications for those certificates are subject to rules

adopted by the commissioner.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.152. BRANCH OFFICE REGISTRATION CERTIFICATE REQUIRED.

(a) Except as provided by Subsection (c), each separate office

location of a registered firm, other than the location identified

on the firm's registration 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.

(c) A registered firm that is engaged in the business of

planning, certifying, leasing, selling, servicing, installing,

monitoring, or maintaining exclusively single station devices is

not required to apply for or obtain a branch office registration

certificate for a separate office or location of the firm.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.153. 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 business that requires a

registration certificate or license under this chapter.

(b) Unless the commissioner increases or decreases the limits

under rules adopted under Section 6002.051(b), 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.

(f) For an individual or organization licensed to install or

service burglar alarms under Chapter 1702, Occupations Code,

compliance with the insurance requirements of that chapter

constitutes compliance with the insurance requirements of this

section if the insurance held by the individual or organization

complies with the requirements of this section in amounts and

types of coverage.

(g) This section does not affect the rights of the insured to

negotiate or contract for limitations of liability with a third

party, including a customer of the insured.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.154. FIRE ALARM TECHNICIAN, RESIDENTIAL FIRE ALARM

SUPERINTENDENT, AND FIRE ALARM PLANNING SUPERINTENDENT. (a)

Each registered firm, including a firm engaged in the business of

planning, certifying, leasing, selling, servicing, installing,

monitoring, or maintaining exclusively single station devices,

must employ at least one employee who is a fire alarm technician,

residential fire alarm superintendent, or fire alarm planning

superintendent.

(b) A fire alarm technician, residential fire alarm technician,

residential fire alarm superintendent, or fire alarm planning

superintendent must hold a license issued by the department,

conditioned on the successful completion of a written license

examination.

(c) To engage in the activity for which the license is granted,

an individual licensed under this chapter must be an employee or

agent of an individual or entity that holds a registration

certificate.

(d) A fire alarm technician may perform or supervise monitoring.

A fire alarm planning superintendent may act as a fire alarm

technician or a residential fire alarm superintendent. A

residential fire alarm superintendent may act as a fire alarm

technician.

(d-1) A residential fire alarm technician may only provide

direct on-site supervision to an employee of a registered firm

for work performed under this chapter in a single-family or

two-family dwelling.

(d-2) An applicant for a residential fire alarm technician

license must provide with the required license application

evidence of the applicant's successful completion of the required

instruction from a training school approved by the state fire

marshal in accordance with Section 6002.158.

(e) Applications for licenses and qualifications for those

licenses are subject to rules adopted by the commissioner.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(e), eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(g), eff. September 1, 2009.

Sec. 6002.155. ACTIVITIES NOT REGULATED BY CHAPTER. The

licensing provisions of this chapter do not apply to:

(1) an individual or organization in the business of building

construction that installs electrical wiring and devices that may

include, in part, the installation of a fire alarm or detection

system if:

(A) the individual or organization is a party to a contract that

provides that:

(i) the installation will be performed under the direct

supervision of and certified by a licensed employee or agent of a

firm registered to install and certify such an alarm or detection

device; and

(ii) the registered firm assumes full responsibility for the

installation of the alarm or detection device; and

(B) the individual or organization does not plan, certify,

lease, sell, service, or maintain fire alarms or detection

devices or systems;

(2) an individual or organization that:

(A) owns and installs a fire detection or fire alarm device on

the individual's or organization's own property; or

(B) if the individual or organization does not charge for the

device or its installation, installs the device for the

protection of the individual's or organization's personal

property located on another's property and does not install the

device as a normal business practice on the property of another;

(3) an individual who holds a license or other authority issued

by a municipality to practice as an electrician and who installs

fire or smoke detection and alarm devices only in a single family

or multifamily residence if:

(A) the devices installed are:

(i) single station detectors; or

(ii) multiple station detectors capable of being connected in a

manner that actuation of one detector causes all integral or

separate alarms to operate if the detectors are not connected to

a control panel or to an outside alarm, do not transmit a signal

off the premises, and do not use more than 120 volts; and

(B) all installations comply with the adopted edition of

National Fire Protection Association Standard No. 72;

(4) an individual or organization that:

(A) sells fire detection or fire alarm devices exclusively

over-the-counter or by mail order; and

(B) does not plan, certify, install, service, or maintain the

devices;

(5) a law enforcement agency or fire department or a law

enforcement officer or firefighter acting in an official capacity

that responds to a fire alarm or detection device;

(6) an engineer licensed under Chapter 1001, Occupations Code,

acting solely in the engineer's professional capacity;

(7) an individual or organization that provides and installs at

no charge to the property owners or residents a battery-powered

smoke detector in a single-family or two-family residence if:

(A) the smoke detector bears a label of listing or approval by a

testing laboratory approved by the department;

(B) the installation complies with the adopted edition of

National Fire Protection Association Standard No. 72;

(C) the installers are knowledgeable in fire protection and the

proper use of smoke detectors; and

(D) the detector is a single station installation and not a part

of or connected to any other detection device or system;

(8) an employee of a registered firm who is under the direct

on-site supervision of a license holder;

(9) a building owner, the owner's managing agent, or an employee

of the owner or agent who installs battery-operated single

station smoke detectors or monitor fire alarm or fire detection

devices or systems in the owner's building, and in which the

monitoring:

(A) is performed at the owner's property at no charge to the

occupants of the building;

(B) complies with applicable standards of the National Fire

Protection Association as may be adopted by rule under this

chapter; and

(C) uses equipment approved by a testing laboratory approved by

the department for fire alarm monitoring;

(10) an individual employed by a registered firm that sells and

installs a smoke or heat detector in a single-family or

two-family residence if:

(A) the detector bears a label of listing or approval by a

testing laboratory approved by the department;

(B) the installation complies with the adopted edition of

National Fire Protection Association Standard No. 72;

(C) the installers are knowledgeable in fire protection and the

proper use and placement of detectors; and

(D) the detector is a single station installation and not a part

of or connected to any other detection device or system; or

(11) an individual or organization licensed to install or

service burglar alarms under Chapter 1702, Occupations Code, that

provides and installs in a single-family or two-family residence

a combination keypad that includes a panic button to initiate a

fire alarm signal if the fire alarm signal:

(A) is monitored by a fire alarm firm registered under this

chapter; and

(B) is not initiated by a fire or smoke detection device.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(f), eff. September 1, 2009.

Sec. 6002.156. LICENSE EXAMINATION. (a) The state fire marshal

shall establish the scope and type of an examination required by

this chapter. The examination must cover this chapter and

commissioner rules and include specific testing of all license

categories.

(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 an 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) Approval for a testing service is valid for one year.

(f) 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. 6002.157. EXAMINATION RESULTS. (a) Not later than the

30th day after the date on which an 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 each

examinee of the results of the examination within two weeks 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 shall send notice to the examinee of the reason for the

delay before the 90th day.

(d) The state fire marshal may require a testing service to

notify an examinee of the results of the examinee's examination

under this section.

(e) If requested in writing by an individual who fails the

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. 6002.158. TRAINING SCHOOLS AND INSTRUCTORS; APPROVAL. (a)

An applicant for approval as a training school must submit an

application to the state fire marshal, accompanied by the

applicant's complete course or testing curriculum. A registered

firm, or an affiliate of a registered firm, is not eligible for

approval as a training school.

(b) The state fire marshal shall review the materials submitted

for course approval and shall approve or deny approval in a

letter provided not later than the 60th day after the date of

receipt of the application. A denial of approval must disclose

specific reasons for the denial. An applicant whose approval is

denied may reapply at any time.

(c) Training school instructors must be approved by the state

fire marshal. To be eligible for approval, an instructor must

hold a fire alarm planning superintendent license and have at

least three years of experience in fire alarm installation,

service, or monitoring.

(d) Approval for a training school or instructor is valid for

one year.

(e) The curriculum for a residential fire alarm technician

course must consist of at least eight hours of instruction on

installing, servicing, and maintaining single-family and

two-family residential fire alarm systems as defined by National

Fire Protection Standard No. 72.

(f) After approval, each training school must annually conduct,

within 125 miles of each county with a population greater than

500,000, at least two classes that are open to the public.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(h), eff. September 1, 2009.

Sec. 6002.159. CONTINUING EDUCATION PROGRAMS. (a) The

commissioner may adopt procedures for certifying and may certify

continuing education programs.

(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. 6002.160. 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. 6002.161. NOT TRANSFERABLE. A registration certificate or

license 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 CERTIFICATE OR LICENSE

Sec. 6002.201. 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

renewal fee for each year of the two-year period is payable on

renewal.

(b) The commissioner by rule may adopt a system under which

registration certificates and licenses expire on various dates

during the year. For the year in which an expiration date of a

registration certificate or license 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

or license pays only that portion of the renewal fee that is

allocable to the number of months during which the registration

certificate or license is valid. The total renewal fee is

payable on renewal on the new expiration date.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.202. 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. 6002.203. 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) An individual or organization 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 that does not exceed one-fourth of the initial fee for

the certificate or license.

(c) An individual or organization 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 does not exceed the initial fee for the

certificate or license.

(d) An individual or organization whose registration certificate

or license has been expired for two years or longer may not renew

the certificate or license. The individual or organization 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.

(f) A license or registration certificate issued under this

chapter expires at midnight on the date printed on the license or

certificate. A renewal application and fee for the license or

registration certificate must be postmarked on or before the

expiration date to be accepted as timely.

(g) If a renewal application is not complete but there has been

no lapse in the required insurance, the applicant is entitled to

30 days from the date that the applicant is notified by the

department of the deficiencies in the renewal application to

comply with any additional requirement. If an applicant fails to

respond and correct all deficiencies in the renewal application

within the 30-day period, the department may charge a late fee.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.204. RENEWAL OF CERTAIN LICENSES. A license holder

with an unexpired license who is not employed by a registered

firm at the time of the license renewal may renew that license,

but the license holder may not engage in any activity for which

the license was granted until the license holder is employed by a

registered firm.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER F. SELLING OR LEASING OF FIRE ALARM

OR FIRE DETECTION DEVICES

Sec. 6002.251. REQUIRED LABEL; EXCEPTIONS. (a) Except as

provided by Subsections (b) and (c), a detection or alarm device,

alarm system, or item of monitoring equipment, a purpose of which

is to detect or give alarm of fire, may not be sold, offered for

sale, leased, installed, or used to monitor property in this

state unless the device, system, or item of equipment carries a

label of approval or listing of a testing laboratory approved by

the department.

(b) Except as provided by Subsection (c), a detection or alarm

device, alarm system, or item of monitoring equipment in a

one-family or two-family residence, a purpose of which is to

detect or give alarm of fire, may not be sold, offered for sale,

leased, installed, or used to monitor property in this state

after April 14, 1989, unless the device, system, or equipment

carries a label of approval or listing of a testing laboratory

approved by the department.

(c) Subsections (a) and (b) do not prohibit the continued use or

monitoring of equipment in place if the equipment:

(1) complied with the law applicable on the date of the

equipment's original placement; and

(2) has not been extended, modified, or altered.

(d) Fire alarm devices that are not required by this chapter or

rules adopted under this chapter and that do not impair the

operation of fire alarm or fire detection devices required by

this chapter or the rules adopted under this chapter are exempt

from the label and listing requirements described by Subsections

(a) and (b) if the devices are approved by the local authority

with jurisdiction.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.252. REQUIRED PURCHASE AND INSTALLATION INFORMATION.

A fire detection or fire alarm device may not be sold or

installed in this state unless the device is accompanied by

printed information that:

(1) is supplied to the owner by the supplier or installing

contractor; and

(2) concerns:

(A) instructions describing the installation, operation,

testing, and proper maintenance of the device;

(B) information to aid in establishing an emergency evacuation

plan for the protected premises;

(C) the telephone number and location, including notification

procedures, of the nearest fire department; and

(D) information that will aid in reducing the number of false

alarms.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(k), eff. September 1, 2009.

Sec. 6002.253. TRAINING AND SUPERVISION OF CERTAIN EXEMPT

EMPLOYEES. Each registered firm that employs an individual who

is exempt from the licensing requirements of this chapter under

Section 6002.155(10) shall appropriately train and supervise the

individual to ensure that:

(1) each installation complies with the adopted provisions of

National Fire Protection Association Standard No. 72 or other

adopted standards;

(2) each smoke or heat detector installed or sold carries a

label or listing of approval by a testing laboratory approved by

the department; and

(3) the individual is knowledgeable in fire protection and the

proper use and placement of detectors.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 14.018(l), eff. September 1, 2009.

SUBCHAPTER G. PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec. 6002.301. PROHIBITED PRACTICES. An individual or

organization may not:

(1) plan, certify, lease, sell, service, install, monitor, or

maintain a fire alarm or fire detection device or system without

a license or registration certificate;

(2) obtain or attempt to obtain a registration certificate or

license by fraudulent representation; or

(3) plan, certify, lease, sell, service, install, monitor, or

maintain a fire alarm or fire detection device or system in

violation of this chapter or the rules adopted under this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.302. DISCIPLINARY ACTIONS. (a) The state fire

marshal may suspend, revoke, or refuse to issue or renew a

registration certificate or license if, after notice and hearing,

the state fire marshal finds that the applicant, registrant, or

license 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 the

sale of products or services rendered.

(b) An original or renewal registration certificate, license, or

testing laboratory approval may be denied, suspended, or revoked,

if after notice and public hearing the commissioner, through the

state fire marshal, determines from the evidence presented at the

hearing that this chapter or a rule adopted under this chapter

has been violated.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

Sec. 6002.303. DISCIPLINARY HEARING. (a) If the state fire

marshal proposes to suspend, revoke, or refuse to renew a license

or registration certificate issued under this chapter, the holder

of the license or certificate 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. 6002.304. REAPPLICATION REQUIREMENTS. (a) A holder of a

registration certificate, license, or testing laboratory approval

that has been revoked under this chapter may not file another

application for a registration certificate, license, or approval

before the first anniversary of the effective date of the

revocation.

(b) An individual or organization reapplying under this section

must request a public hearing to show cause why the issuance of a

new registration certificate, license, or approval should not be

denied.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1J.001, eff. April 1, 2009.

SUBCHAPTER H. CRIMINAL PENALTY

Sec. 6002.351. CRIMINAL PENALTY. (a) An individual or

organization commits an offense if the individual or organization

violates Section 6002.151, 6002.152, or 6002.154.

(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.