(Note: The Texas Department of Public Safety
Private Security Board has a website
at: http://www.txdps.state.tx.us/psb/
)
TEXAS
1. TITLE 1. THE INSURANCE CODE OF 1951
CHAPTER 5. RATING AND POLICY FORMS
Art. 5.43-2. Fire Detection and Alarm Devices
Purpose
Sec. 1. The purpose of this article is to regulate the
planning, certifying, leasing, selling, servicing, installing, monitoring,
and maintaining of fire detection and fire alarm
devices and systems and, except as provided by rules adopted
under Section 6 of this article, to prohibit fire detection
and fire alarm devices, equipment, and systems not
labeled or listed by a nationally recognized
testing laboratory, in the interest of safeguarding
lives and property.
Definitions
Sec. 2. As used in this article:
(1) "Person" means a natural person, including an owner, manager, officer,
employee, occupant, or individual.
(2) "Organization" means a corporation, government, or governmental
subdivision or agency, business trust, estate, trust, partnership, firm or
association, two or more persons having a joint or common interest, or any other
legal or commercial entity.
(3) Repealed by Acts 1997, 75th Leg., ch. 1172, § 4.14(2), eff. Sept. 1,
1997.
(4) "Board" means the State Board of Insurance.
(5) "Sale" means sale or offering for sale, lease, or rent any merchandise,
equipment, or service at wholesale or retail, to the public or any person, for
an agreed sum of money or other consideration.
(6) "Installation" means the initial placement of equipment and/or the
extension, modification, or alteration of equipment already in place.
(7) "Maintenance" means to maintain in a condition of repair that will allow
performance as originally designed or intended.
(8) "Monitoring" means the receipt of
fire alarm and supervisory signals and retransmission
or communication of those signals to a fire service communications center that
is located in this state or serves property in this state.
(9) "Service, servicing" means inspecting,
maintaining, repairing, or testing.
(10) "Fire detection device" means any arrangement
of materials, the sole function of which is to provide indication of fire,
smoke, or combustion in its incipient stages.
(11) "Fire alarm device" means any device capable,
through audible and/or visible means, of sounding a warning that fire or
combustion has taken or is taking place.
(12) "Fire alarm technician" means a licensed
individual who shall be designated by a registered firm to:
(A) inspect and certify that each fire alarm or detection
system as installed meets the standards as provided for by law; or
(B) perform or directly supervise the servicing or
maintaining of a previously installed fire alarm
device or system and to certify such service or maintenance. A
fire alarm technician may perform or supervise
monitoring.
(13) "Fire alarm planning superintendent" means a
licensed individual who shall be designated by a registered firm to plan any
fire alarm or detection system conforming to
applicable adopted National Fire Protection Association standards or other
adopted standards and to certify that each fire alarm or
detection system as planned meets the standards as provided by law. A
fire alarm planning superintendent can function as a
fire alarm technician or a residential
fire alarm superintendent.
(14) "Insurance agent" means:
(A) a person, firm, or corporation licensed under Article 21.14 or 1.14-2 of
this code;
(B) a salaried, state, or special agent; or
(C) a person authorized to represent an insurance fund or pool created by a
city, county, or other political subdivision of the state under The Interlocal
Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes).
(15) "Registered firm" means a person or organization holding a certificate
of registration.
(16) "Residential fire alarm superintendent" means
a licensed individual who shall be designated by a registered firm to plan a
residential single-family or two-family fire alarm or
detection system conforming to applicable adopted National Fire
Protection Association standards or other adopted standards and to certify that
each fire alarm or detection system as planned meets
the standards as provided by law. A residential fire alarm
superintendent can function as a fire alarm
technician.
Exceptions
Sec. 3. (a) The provisions of this article and the rules and regulations
promulgated under this article shall have uniform force and effect throughout
the state and no municipality or county shall enact any ordinances, rules, or
regulations inconsistent with the provisions of this article or rules and
regulations promulgated pursuant to this article and any such ordinances, rules,
or regulations are void and shall have no effect; provided, however, that a
municipality or county shall have the right to:
(1) mandate that a fire alarm or detection system
be installed in certain facilities, so long as said installation conforms to
applicable state law;
(2) require a better type of alarm or detection
system or otherwise safer conditions than the minimum required by state law; and
(3) require regular inspections by local officials of smoke detectors in
dwelling units, as defined by
Section 92.251, Property Code, and require the smoke detectors to be
operational at the time of inspection.
(b) The licensing provisions of this article shall not apply to:
(1) a person 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 person or organization is a party to a contract that provides that
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 that the registered
firm assumes full responsibility for the installation of the alarm or
detection device; and
(B) the person or organization does not plan, certify, lease, sell, service,
or maintain fire alarms or detection devices or
systems;
(2) a person or organization that owns and installs fire
detection or fire alarm devices on the person's or organization's own
property or, if the person or organization does not charge for the device or its
installation, installs it for the protection of the person's or organization's
personal property located on another's property and does not install the devices
as a normal business practice on the property of another;
(3) a person who holds a license or other form of permission issued by an
incorporated city or town to practice as an electrician and who installs fire or
smoke detection and alarm devices in no building other
than 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 such 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 provisions of the adopted edition of
Household Fire Warning Equipment, National Fire Protection Association Standard
No. 74;
(4) a person or organization that sells fire detection or
fire alarm devices if the sales are exclusively over-the-counter or by
mail order and if the person or organization does not plan, certify, install,
service, or maintain this equipment;
(5) response to a fire alarm or detection device by
a law enforcement agency or fire department or by a law enforcement officer or
fireman acting in an official capacity;
(6) a Texas registered professional engineer acting solely in his
professional capacity;
(7) a person or an 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 State Board of
Insurance;
(B) the installation complies with provisions of the adopted edition of
National Fire Protection Association Standard No. 74;
(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) a regular employee of a registered firm who is under the direct
supervision of a licensee;
(9) a building owner, the owner's managing agent, or their employees who
install battery-operated single-station smoke detectors or who monitor
fire alarm or fire detection
devices or systems in the owner's building, and in which the
monitoring is performed at the owner's property and monitored at no
charge to the occupants of the building, and complies with applicable standards
of the National Fire Protection Association as may be adopted by rule
promulgated under this Act, and utilizes equipment approved by a
testing laboratory approved by the State Board of
Insurance for fire alarm monitoring;
(10) a person 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 State Board of Insurance;
(B) the installation complies with provisions of the adopted edition of
National Fire Protection Association Standard No. 74;
(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) a person or organization licensed to install or service burglar alarms
under the Private Investigators and Private Security Agencies Act (Article
4413(29bb), Vernon's Texas Civil Statutes) 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 article; and
(B) is not initiated by any fire or smoke detection
device.
(c) Registered companies, licensees, and employees of licensees shall not be
required to obtain any registration, franchise, or license from or pay any fee
or franchise tax to or post any bond by any municipality, county, or other
political subdivision of this state to engage in business or perform any
activities authorized under this Act. Notwithstanding any other provisions of
this section, a municipality or county may require a registered firm to obtain a
permit and pay a fee therefor for the installation of a fire
alarm or fire detection device or system and
require that the installation of such system be in conformance with the building
code or other construction requirements of the municipality or county and state
law but may not impose qualification or financial responsibility requirements
other than proof of a valid certificate of registration.
Administration
Sec. 4. The board shall administer this article and it may issue rules and
regulations which it considers necessary to its administration through the state
fire marshal. The board, in promulgating necessary rules and regulations, may
utilize recognized standards such as, but not limited to, those of the National
Fire Protection Association, the National Electrical Code, those recognized by
federal law or regulation, those published by any nationally
recognized standards-making organization, or any information furnished by
individual manufacturers.
Sec. 4A. Repealed by Acts 1997, 75th Leg., ch. 1172, § 4.14(3), eff. Sept. 1,
1997.
Registration and Licensing
Sec. 5. (a) Each person or organization engaged in the business of
planning, certifying, leasing, selling, servicing,
installing, monitoring, or maintaining fire alarm
or fire detection devices or systems shall have a
certificate of registration issued by the commissioner. The initial fee for the
certificate of registration must be in an amount not to exceed $ 500 and the
renewal fee for each year thereafter must be in an amount not to exceed $ 500.
The renewal fee for a person or organization engaged in the business of
planning, certifying, leasing, selling, servicing,
installing, monitoring, or maintaining exclusively single station devices
shall be in an amount not to exceed $ 250. A registered person or firm shall
retain at least one fire alarm technician, residential
fire alarm superintendent or fire
alarm planning superintendent as an employee. A registered person or firm
that is engaged in the business of planning, certifying,
leasing, selling, servicing, installing, monitoring, or maintaining
exclusively single station devices shall have at least one
fire alarm technician, residential fire alarm
superintendent, or fire alarm planning superintendent.
A limited certificate of registration may be issued to persons or organizations
whose business is restricted to monitoring.
(b) Each separate office location of a registered firm, other than the
location identified on the certificate of registration, shall have a branch
office registration certificate issued by the commissioner. The initial fee for
this branch office registration certificate must be in an amount not to exceed $
150 and the renewal fee for each year thereafter must be in an amount not to
exceed $ 150. The commissioner shall identify each branch office location as a
part of a registered organization before a branch office registration
certificate may be issued. A registered person or firm that is engaged in the
business of planning, certifying, leasing, selling,
servicing, installing, monitoring, or maintaining exclusively single
station devices shall not be required to apply for or obtain a branch office
registration certificate for a separate office or location of the registered
firm.
(c) Each fire alarm technician, residential
fire alarm superintendent or fire
alarm planning superintendent must obtain a license issued by the board.
The initial fee for the license must be in an amount not to exceed $ 120 and the
renewal fee for each year thereafter must be in an amount not to exceed $ 100.
Unless the examination is administered by a testing
service, a nonrefundable fee for the initial examination must not exceed $ 30.
Unless the reexamination is administered by a testing
service, a nonrefundable fee not to exceed $ 20 shall be charged for each
reexamination.
(d) A fee in an amount not to exceed $ 20 shall be charged for a duplicate
certificate of registration or license issued by the board and for any requested
change to a certificate of registration or license.
(e) Repealed by Acts 1989, 71st Leg., ch. 762, § 21, eff. June 15, 1989.
(f) A person licensed pursuant to this article shall be an employee or agent
of an organization that holds a valid certificate of registration in order to
engage in the activity for which the license was granted.
(g) Repealed by Acts 1989, 71st Leg., ch. 762, § 21, eff. June 15, 1989.
(h) A certificate of registration or license issued under this article is not
transferable.
(i) The board shall, within the limits fixed by this section, prescribe the
fees to be charged under this section.
Expiration Dates of Licenses
Sec. 5A. Each renewal of a certificate of registration or license issued
under this article is valid for a period of two years. The fee for both years is
payable on renewal.
Required insurance
Sec. 5B. (a) The board shall not issue a certificate of registration under
this article unless the applicant files with the board evidence of a general
liability insurance policy that includes products and completed operations
coverage. The policy shall be conditioned to pay on behalf of the insured those
sums 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 servant, officer, agent, or employee in the conduct of any
business registered or licensed under this article.
(b) The limits of insurance coverage required by Subsection (a) of this
section shall not be less than $ 100,000 combined single limits for bodily
injury and property damage for each occurrence and not less than $ 300,000
aggregate for all occurrences per policy year, unless the board increases or
decreases those limits under Section 6 of this article.
(c) The evidence of general liability insurance required by this section must
be in the form of a certificate of insurance executed by an insurer authorized
to do business 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 Article 1.14-2 of this code through a licensed Texas surplus
lines agent resident in this state may be filed with the board as evidence of
coverage required by this section. Insurance certificates executed and filed
with the board under this section remain in force until the insurer has
terminated future liability by the notice required by the board.
(d) Failure to maintain the liability insurance required under this section
constitutes grounds for the denial, suspension, or revocation of a certificate
of registration issued under this article after notice and opportunity for
hearing.
(e) For a person who is licensed to install or service burglar alarms under
the Private Investigators and Private Security Agencies Act, as amended (Article
4413(29bb), Vernon's Texas Civil Statutes), compliance with the insurance
requirements of that Act constitutes compliance with the insurance requirements
of this section if the insurance held by the person complies with the
requirements of this section in amounts and types of coverage.
(f) For a person who is licensed to install or service burglar alarms under
the Private Investigators and Private Security Agencies Act, as amended (Article
4413(29bb), Vernon's Texas Civil Statutes), compliance with the bond and
insurance requirements of that Act constitutes compliance with the bond and
insurance requirements of this section.
(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.
Renewal
Sec. 5C. (a) An unexpired license or registration may be renewed by paying
the required renewal fee to the board before the expiration of the license or
registration. If a license or registration has been expired for not longer than
90 days, the license or registration may be renewed by paying to the board the
required renewal fee and a fee that is not to exceed one-fourth of the original
fee for the license or registration. If a license or registration has been
expired for longer than 90 days but less than two years, the license or
registration may be renewed by paying to the board all unpaid renewal fees and a
fee that is not to exceed the original fee for the license or registration. If a
license or registration has been expired for two years or longer, the license or
registration may not be renewed. A new license or registration may be obtained
by complying with the requirements and procedures for obtaining an original
license or registration. At least 30 days before the expiration of a license or
registration, the State Fire Marshal shall send written notice of the impending
license or registration expiration to the licensee or registrant at his or its
last known address. This section may not be construed to prevent the board from
denying or refusing to renew a license under applicable law or rules of the
State Board of Insurance. A licensee with an unexpired license who is not
employed by a registered firm at the time of the licensee's renewal may renew
that license; however, the licensee may not engage in any activity for which the
license was granted until the licensee is employed and qualified under a
registered firm.
(b) The State Board of Insurance by rule may adopt a system under which
licenses and registrations expire on various dates during the year. For the year
in which the license or registration expiration date is less than one year from
its issuance or anniversary date, the fee shall be prorated on a monthly basis
so that each licensee or registrant shall pay only that portion of the fee that
is allocable to the number of months during which the license or registration is
valid. On each subsequent renewal, the total renewal fee is payable.
(c) A license or registration issued under this Act shall expire at 12
midnight on the date printed on the license or registration. A renewal
application and fee for license or registration must be postmarked on or before
the date of expiration to be accepted as timely. If a renewal application is not
complete but there has been no lapse in the required insurance, the applicant
shall have 30 days from the time that the applicant is notified by the board of
the deficiencies in the renewal application to submit any additional
requirement. If an applicant fails to respond and correct all deficiencies in a
renewal application within the 30-day period, a late fee may be charged.
Examination
Sec. 5D. (a) Each applicant for a license must pass a written examination.
Examinations shall be conducted by the State Fire Marshal or a
testing service selected by the State Fire Marshal.
Examinations shall cover this article and board rules and shall include specific
testing of all categories of licensure. Not later than
the 30th day after the day on which an examination is administered under this
article, the State Fire Marshal shall send notice to each examinee of the
results of the examination. 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 within two weeks
after the date on which the State Fire Marshal receives the results from the
testing service. If the notice of the examination
results will be delayed for longer 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. If requested in writing by a person who fails the
examination administered under this article, the State Fire Marshal shall send
to the person an analysis of the person's performance on the examination.
(a-1) The state fire marshal may require a testing
service to notify a person of the results of the person's examination under
Subsection (a).
(b) A training school shall make an application for approval to the State
Fire Marshal. Applications shall include complete course or
testing curriculum. The State Fire Marshal shall review the materials for
course approval and shall provide a letter of course approval or a letter of
denial within 60 days. Denials of approval shall be in writing and shall
disclose specific reasons for the denial. Denied applicants may reapply at any
time. Approval for a training school or testing
service shall be valid for one year, and the initial and renewal fee for a
training school approval shall not exceed $ 500. A registered firm, or an
affiliate of a registered firm, shall not be approved as a training school.
(c) Instructors for training schools shall be approved by the State Fire
Marshal. Instructors must have a minimum of three years of experience in
fire alarm installation, service, or
monitoring and shall have a valid
fire alarm planning superintendent license. An instructor's approval
shall be effective for one year, and the initial or renewal fee for approval of
an instructor shall not exceed $ 50.
(d) The training curriculum for a fire alarm
technician and a residential fire alarm superintendent
course shall consist of 16 hours of classroom instruction on all categories of
licensure.
(e) Training schools must conduct two or more classes, open to the public,
each calendar year from the issuance of registration, within 125 miles of each
county in the state that has a population in excess of 500,000 people according
to the last decennial census.
(f) The state fire marshal shall establish the scope and type of an
examination required by this article. The state fire marshal may administer the
examination or may enter into an agreement with a testing
service.
(g) The state fire marshal may contract with the testing
service regarding requirements for the examination, including examination
development, scheduling, site arrangements, grading, reporting, analysis, or
other administrative duties. 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.
(h) The state fire marshal shall adopt rules as necessary to implement
examination requirements under this article.
Continuing Education
Sec. 5E. The State Board of Insurance may adopt procedures for
certifying and may certify continuing education
programs. Participation in the programs is voluntary.
License by Reciprocity
Sec. 5F. The board may waive any license requirement for an applicant with a
valid license from another state having license requirements substantially
equivalent to those of this state.
Powers and Duties of the Commissioner
Sec. 6. (a) The commissioner may adopt rules as necessary to administer this
article. The rules may establish specialized licenses and certificates of
registration for organizations or persons engaged in the business of
planning, certifying, leasing, selling, servicing,
installing, monitoring, or maintaining fire alarm
or fire detection devices or systems. The rules shall
establish appropriate training and qualification standards for each kind of
license and certificate of registration.
(b) The commissioner shall also adopt standards applicable to any
fire alarm device, equipment, or system regulated
under this article. In adopting standards under this subsection, the
commissioner may permit the operation of a fire alarm
monitoring station that relies on fire alarm
devices or equipment that is 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 as long as the operator of the
station demonstrates that its operating standards are substantially equivalent
to those required in order to be approved or listed.
(c) An advisory council appointed in accordance with Subsection (d) of this
section shall periodically review rules implementing this article and recommend
changes in the rules to the commissioner.
(d) The advisory council is appointed by the commissioner and is composed of
seven individuals as follows:
(1) three individuals employed by any registered firm in the fire protection
industry who have a minimum of three years experience in the sale, installation,
maintenance, or manufacturing of fire alarm or fire
detection devices;
(2) two individuals who must either be experienced in the engineering of fire
prevention services or be a member of a fire protection association;
(3) one person experienced and employed by a municipality or county as a fire
prevention officer; and
(4) one person who is employed by any registered firm and who has at least
three years experience in the operation of a central fire
alarm monitoring station.
Certain Rules Prohibited
Sec. 6A. (a) The commissioner may not adopt rules restricting competitive
bidding or advertising by the holder of a license or registration issued under
this article 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 holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the license or
registration holder; or
(4) restricts the license or registration holder's advertisement under a
trade name.
Certain Acts Prohibited
Sec. 7. (a) No person or organization may do any of the following:
(1) plan, certify, lease, sell, service, install, monitor, or maintain
fire alarm or fire detection
devices or systems without a valid license or certificate of registration;
(2) obtain or attempt to obtain a license or certificate of registration by
fraudulent representation; or
(3) plan, certify, lease, sell, service, install, monitor, or maintain
fire alarm or fire detection
devices or systems contrary to the provisions of this article or the rules
formulated by the board under the authority of this article.
(b) Except as provided by Subsection (c), a political subdivision may not
offer residential alarm system sales, service, installation, or
monitoring unless it has been providing
monitoring services to residences within the
boundaries of the political subdivision as of September 1, 1999. Any fee charged
by the political subdivision may not exceed the cost of the
monitoring.
(c) A political subdivision may:
(1) offer service, installing, or monitoring for
property owned by the political subdivision or another political subdivision;
(2) allow for the response of an alarm or detection
device by a law enforcement agency or fire department or by 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) The limitations in Subsection (b) do not apply to a political subdivision
in a county with a population of less than 80,000 or in a political subdivision
where monitoring is not otherwise provided or
available.
(e) For purposes of Subsections (b), (c), and (d), the definition of "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. This is not intended to require a political subdivision to be licensed
under
Article 5.43-2, Insurance Code.
Fees Collected
Sec. 8. The fees herein provided for, when collected, shall be deposited in
the State Treasury to the credit of the State Board of Insurance operating fund.
Selling or leasing fire alarm or fire
detection devices
Sec. 9. (a) Except as provided in Subsection (b) of this section, no
detection or alarm device, alarm system, or
monitoring equipment, a purpose of which is to detect
and/or give alarm of fire, may be sold, offered for sale, leased, installed, or
used to monitor property in this state unless it carries a label of approval or
listing of a testing laboratory approved by the State
Board of Insurance; provided, however, that the continued use or
monitoring of equipment in place which complied with
applicable law at the time of its original placement, without extension,
modification, or alteration is not prohibited.
(b) No detection or alarm device, alarm system, or
monitoring equipment in one-family or two-family
residences, a purpose of which is to detect and/or give alarm of fire, may be
sold, offered for sale, leased, installed, or used to monitor property in this
state after April 14, 1989, unless it carries a label of approval or listing of
a testing laboratory approved by the State Board of
Insurance; provided, however, that the continued use or
monitoring of equipment in place which otherwise complied with applicable
law at the time of its original placement, without extension, modification, or
alteration is not prohibited.
(c) Fire alarm devices that are not required by
this statute or rules adopted under this statute and
that do not impair the operation of fire alarm or fire
detection devices required by this statute or the
rules adopted under this statute are exempt from the
requirement of a label of approval or listing of a testing
laboratory approved by the Board if such devices are approved by the
local authority having jurisdiction.
(d) No fire detection or fire alarm device may be
sold or installed in this state unless accompanied by printed information
supplied to the owner by the supplier or installing
contractor concerning:
(1) instructions describing the installation, operation,
testing, and proper maintenance of the device;
(2) information which will aid in establishing an emergency evacuation plan
for the protected premises; and
(3) the telephone number and location, including notification procedures, of
the nearest fire department.
(e) Each registered firm that employs persons that are exempt from the
licensing provisions of this article pursuant to Section 3(b)(10) of this
article is required to appropriately train and supervise such exempt persons so
as to ensure that each installation complies with the adopted provisions of
National Fire Protection Standard No. 74 or other adopted standards, that each
smoke or heat detector installed or sold carries a label or listing of approval
by a testing laboratory approved by the State Board of
Insurance, and that such exempt persons are knowledgeable in fire protection and
the proper use and placement of detectors.
Applications and hearings on licenses and certificates
Sec. 10. (a) Applications and qualifications for certificates and licenses
issued hereunder shall be made pursuant to rules and regulations adopted by the
board.
(b) The State Fire Marshal may refuse to issue or renew or may suspend or
revoke a certificate of registration or license if, after notice and hearing, he
finds that the applicant, registrant, or licensee has engaged in acts:
(1) that violate this article;
(2) that violate rules or standards adopted pursuant to this article; or
(3) constituting misrepresentation made in connection with the sale of
products or services rendered.
(c) A certificate of registration, license, or testing
laboratory approval may be denied, or same duly issued may be suspended
or revoked, or the renewal thereof refused, if after notice and public hearing,
the board, through the State Fire Marshal, finds from the evidence presented at
said hearing that one or more provisions of this article or of any rule or
regulation promulgated under this article has been violated.
(d) A person or organization that has had a certificate of registration,
license, or testing laboratory approval revoked may
not reapply for the certificate, license, or approval within one year from the
date of revocation. A person or organization reapplying under this subsection
must request a public hearing to show cause why a certificate of registration,
license, or testing laboratory approval should not be
denied.
Disciplinary Hearing
Sec. 10A. If the State Fire Marshal proposes to suspend, revoke, or refuse to
renew a license or certificate of registration of a person, the person is
entitled to a hearing conducted by the State Office of Administrative Hearings.
Proceedings for a disciplinary action are governed by the administrative
procedure law, Chapter 2001, Government Code. 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.
Penalties
Sec. 11. In addition to any other penalties, any person or organization that
performs a function that requires a certificate of registration or license as
described herein without first obtaining such certificate of registration or
license commits a Class B misdemeanor, venue for which is in Travis County or in
the county in which the offense is committed.