| (a) Certificates of registration.
(1) Applications for certificates and branch office
certificates must be submitted on forms provided by the state fire
marshal and accompanied by all other information required by Insurance
Code Chapter 6001, concerning Fire Extinguisher Service and Installation,
and this subchapter. An application will not be deemed complete until
all required forms and documents have been received in the State Fire
Marshal's Office.
(2) Applications must be signed by the sole proprietor,
or by each partner of a partnership, or by an officer of a corporation.
For corporations, the application must be accompanied by the corporate
charter of a Texas corporation, or, in the case of a foreign corporation,
a copy of the Texas certificate of authority to do business. For applicants
using an assumed name, the application must be accompanied by evidence
of compliance with the Assumed Business or Professional Name Act,
Texas Business and Commerce Code Chapter 71. The application must
also include written authorization by the applicant permitting the
state fire marshal or the state fire marshal's representative to enter,
examine, and inspect any premises, building, room, or establishment
used by the applicant while engaged in the business to determine compliance
with the provisions of Insurance Code Chapter 6001 and this subchapter.
(3) For corporations, the application must also include
the corporate taxpayer identification number, the charter number,
and a copy of the corporation's current franchise tax certificate
from the State Comptroller's Office showing it is in active status.
(4) Applications for Type C certificates must be accompanied
by a copy of the U.S. DOT letter registering the applicant's facility
and that issues a registration number to the facility.
(5) The applicant must comply with the following requirements
concerning liability insurance.
(A) The state fire marshal will not issue a certificate
of registration under this subchapter unless the applicant files a
proof of liability insurance with the State Fire Marshal's Office.
The insurance must include products and completed operations coverage.
(B) Each registered firm must maintain in force and
on file in the State Fire Marshal's Office the certificate of insurance
as required.
(C) Evidence of public liability insurance, as required
by Insurance Code §6001.154, concerning Required Insurance Coverage
for Registration Certificate, must be in the form of a certificate
of insurance executed by an insurer authorized to do business in this
state.
(D) If a certificate of registration is to be issued
in the name of a corporation, the corporate name must be used on the
applicable insurance forms. If the corporation is obtaining a certificate
of registration in an assumed name, the insurance must be issued to
the corporation doing business as (dba) the assumed name. Example:
XYZ Corporation, dba XXX Extinguisher Service.
(E) Insurance issued for a partnership must be issued
to the name of the partnership or to the names of all the individual
partners.
(F) Insurance for a proprietorship must be issued to
the individual owner. If an assumed name is used, the insurance must
be issued to the individual doing business as "dba" followed by the
assumed name. Example: William Jones, dba XXX Extinguisher Service.
(b) Fire extinguisher licenses.
(1) Original applications for a license from an employee
of a firm engaged in the business must be submitted on forms provided
by the state fire marshal and accompanied by a criminal history report
from the Texas Department of Public Safety and all other information
required by Insurance Code Chapter 6001 and this subchapter.
(2) For a natural person to be eligible for a Type
A, K, or PL license, the natural person must start the application
or registration process by submitting a formal request for a fingerprint
service code by completing the fingerprinting process information
required on the department's website at www.tdi.texas.gov/fire/fingerprinting-process.html.
The requesting natural person must submit information necessary to
complete the fingerprint service code request, including: the natural
person's name, natural person's state of residence, natural person's
email address, and license type the natural person is applying for.
(3) Applications for Type A and Type K licenses must
be accompanied by a written statement from the certificate holder
(employer) certifying that the applicant meets the minimum requirements
of §34.511(e)(4) of this title (relating to Fire Extinguisher
Licenses) and is competent to install or service fixed systems.
(4) Applications for Type PL licenses must be accompanied
by one of the following documents to evidence technical qualifications
for a license:
(A) proof of registration in Texas as a professional
engineer; or
(B) a copy of the National Institute for Certification
in Engineering Technologies (NICET) notification letter regarding
the applicant's successful completion of examination requirements
for certification at Level III for Special Hazard Systems Layout or
Special Hazard Suppression Systems.
(5) All applications must indicate if the individual
is an employee or agent of the registered firm.
(A) If the individual is an employee of the registered
firm, the State Fire Marshal's Office may request from the registered
firm verification of employment of the individual.
(B) If the individual is an agent of the fire extinguisher
firm, the State Fire Marshal's Office may request that the firm provide
a letter or other document acceptable to the State Fire Marshal's
Office, issued by the firm's insurance company, verifying the policy
number and that the acts of the individual are covered by the same
insurance policy required by this subchapter to obtain the firm's
registration. If required, the verifying document must be submitted
to the State Fire Marshal's Office before a license will be issued
or when there is a change in the licensee's registered firm. Unless
otherwise required by the State Fire Marshal's Office, renewal of
a license does not require insurance verification unless there has
been a change in the insurance carrier.
(c) Complete application required for renewal. Renewal
applications for certificates of registration and licenses must be
submitted on forms provided by the state fire marshal and accompanied
by a criminal history report obtained through the Texas Department
of Public Safety and by all other information required by Insurance
Code Chapter 6001 and this subchapter. An application will not be
deemed complete until all required forms and documents have been received
in the State Fire Marshal's Office.
(d) Timely filed. A license or registration expires
at 12:00 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 will have 30 days from the
time the applicant is notified by the State Fire Marshal's Office
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.
(e) Requirements for applicants holding licenses from
other states. An applicant holding a valid license in another state
who desires to obtain a Texas license through reciprocity must submit
the following documentation with the application in addition to all
other information required by Insurance Code Chapter 6001 and this
subchapter:
(1) a letter of certification from the licensing entity
of another state certifying the applicant holds a valid license in
that state; and
(2) additional information from the state detailing
material content of any required examination used to qualify for license,
including NFPA or other standards, if applicable.
(f) Apprentice permits. Each person employed as an
apprentice by a firm engaged in the business must make application
for a permit on a form provided by the state fire marshal, accompanied
by a criminal history report from the Texas Department of Public Safety,
and accompanied by the required application fee.
(1) For a natural person to be eligible for an apprentice
permit, the natural person must start the application or registration
process by submitting a formal request for a fingerprint service code
by completing the fingerprinting process information required on the
department's website at www.tdi.texas.gov/fire/fingerprinting-process.html,
as specified in paragraph (2) of this subsection.
(2) The requesting natural person must submit information
necessary to complete the fingerprint service code request, including:
the natural person's name, natural person's state of residence, natural
person's email address, and license type the natural person is applying
for.
(g) Complete applications. The application form for
a license or registration must be accompanied by the required application
fee and must, within 180 days of receipt by the State Fire Marshal's
Office of the initial application, be complete and accompanied by
all other information required by Insurance Code Chapter 6001 and
this subchapter, or a new application must be submitted, including
all applicable fees.
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| Source Note: The provisions of this §34.514 adopted to be effective December 5, 1984, 9 TexReg 6006; amended to be effective April 14, 1989, 14 TexReg 1632; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective May 10, 1996, 21 TexReg 3714; amended to be effective January 1, 1997, 21 TexReg 11521; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective August 26, 2001, 26 TexReg 6105; amended to be effective September 20, 2004, 29 TexReg 9006; amended to be effective April 1, 2006, 31 TexReg 1706; amended to be effective February 14,2013, 38 TexReg 662; amended to be effective July 19, 2016, 41 TexReg 5180; amended to be effective August 29, 2019, 44 TexReg 4481; amended to be effective April 16, 2023, 48 TexReg 1839 |
