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 listed by a testing laboratory approved by the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1004 (H.B. 2447), Sec. 2, eff. September 1, 2013.
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.
(5-a) "Portable fire extinguisher inspection" means a monthly inspection to ensure that a portable fire extinguisher:
(A) is in the extinguisher's designated location;
(B) has not been actuated or subject to tampering; and
(C) does not have any obvious physical damage or another condition that may prevent proper operation of the extinguisher.
(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 charging, filling, maintaining, recharging, refilling, repairing, or testing.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 450 (S.B. 1598), Sec. 1, eff. September 1, 2011.
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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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;
(2-a) the inspection of a firm's portable fire extinguisher by a person who is:
(A) specially trained to perform portable fire extinguisher inspections; and
(B) under contract with the firm for that purpose;
(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 the 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 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 450 (S.B. 1598), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1004 (H.B. 2447), Sec. 3, eff. September 1, 2013.
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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), 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 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.