| (a) If, after any service, inspection, or test, a system
does not comply with applicable codes and adopted standards or is
not being tested or maintained according to those standards, a completed
yellow label must be attached to the outside of the control panel
cover or, if the system has no panel, in a permanent location to indicate
that corrective action is necessary.
(b) The signature of the licensee on a yellow label
certifies that the conditions listed on the label cause the system
to be out of compliance with applicable codes and standards.
(c) After attaching a yellow label, the licensee or
the registered firm must notify the property owner, occupant or their
representative, and the local AHJ in writing indicating the conditions
with which the system does not comply with the applicable codes and
standards. The notification must be postmarked, emailed, faxed or
hand delivered within five business days of the attachment of the
yellow label.
(d) Yellow labels must remain in place until the conditions
are corrected and a service label is attached certifying that the
corrections were made. The yellow label may be removed by a licensed
employee or agent of a registered firm, an employee of the State Fire
Marshal's Office, or an authorized representative of a governmental
agency with appropriate regulatory authority. The local AHJ must be
notified when corrections are made and a yellow label is removed or
revised. The notification must be postmarked, emailed, faxed, or hand
delivered within five business days of the removal of the yellow label.
(e) Yellow labels must be approximately three inches
high and three inches wide and must have an adhesive on the back that
allows for label removal.
(f) Labels must be yellow with printed black lettering.
(g) Yellow labels must bear the following information
in the format of the label, as set forth in subsection (h) of this
section:
(1) "DO NOT REMOVE BY ORDER OF TEXAS STATE FIRE MARSHAL"
(all capital letters in at least 10-point bold face type);
(2) "SYSTEM DOES NOT COMPLY WITH APPLICABLE CODES &
STANDARDS" (all capital letters in at least 10-point bold face type);
(3) the registered firm's name, address, telephone
number (either main office or branch office) and certificate of registration
number of the firm attaching the yellow label;
(4) the date the label was attached, the licensee's
signature (a stamped signature is prohibited) and license number;
and
(5) a list of conditions resulting in the yellow label;
(h) Yellow label:
Attached Graphic
|
| Source Note: The provisions of this §34.623 adopted to be effective April 1, 2006, 31 TexReg 1711; amended to be effective February 14, 2013, 38 TexReg 662; amended to be effective July 29, 2014, 39 TexReg 5761; amended to be effective July 19, 2016, 41 TexReg 5180 |
