The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise.
(1) Business--Planning, selling, installing, maintaining,
or servicing fire protection sprinkler systems.
(2) Certificate--The certificate of registration issued
by the state fire marshal.
(3) Certify--To attest to the proper planning, installing,
maintaining, or servicing of fire protection sprinkler systems by
executing a contractor's material and test certificate or other form
required by a governmental authority or by attaching a completed service
tag.
(4) Department--The Texas Department of Insurance.
(5) Emergency impairment--A condition where a water-based
fire protection system or portion thereof is out of order due to an
unexpected occurrence, such as ruptured pipe, an operated sprinkler,
or an interruption of the water supply to the system.
(6) Employee--An individual that who performs tasks
assigned by the employer. The employee's pay is subject to the deduction
of social security and federal income tax. The employee may be full
time, part time, or seasonal. For the purposes of this section, employees
of a registered firm who are paid through a staff leasing company
are considered to be employees of the registered firm.
(7) Firm--A person or organization as defined in this
section.
(8) Full-time--The number of hours that represents
the regular, normal, or standard amount of time per week each employee
of the firm devotes to work-related activities.
(9) Full-time employment basis--An employee is considered
to work on a full-time basis if the employee works per week at least
the average number of hours worked per week by all other employees
of the firm.
(10) Inspection--A visual examination of a system or
portion thereof to verify that it appears to be in operating condition
and is free of physical damage.
(11) Inspection, testing, and maintenance service--A
service program provided by a qualified contractor in which all components
unique to the property's systems are inspected and tested at the required
times and necessary maintenance is provided and/or recommended. This
program includes logging and retention of relevant records.
(12) NFPA--National Fire Protection Association, a
nationally recognized standards-making organization.
(13) NICET--National Institute for the Certification
in Engineering Technologies.
(14) Organization--A corporation, partnership or other
business association, or governmental entity.
(15) Outsource testing service--The testing service
selected by the state fire marshal to administer certain designated
qualifying tests for licenses under this subchapter.
(16) Person--A natural person.
(17) Plan--To lay out, detail, draw, calculate, devise,
or arrange an assembly of underground and overhead piping and appurtenances
in accordance with either adopted fire protection standards or specifications
especially designed by an engineer.
(18) Registered firm--A person or organization holding
a current certificate of registration.
(19) Repair--Any work performed after initial installation
on fire protection sprinkler systems, not including inspecting or
testing.
(20) Responsible managing employee--A responsible managing
employee, as defined in Insurance Code §6003.001(10), and also
referenced within this subchapter as an RME.
(21) Sprinkler system--A sprinkler system, for fire
protection purposes which:
(A) is an integrated system of underground and overhead
piping designed in accordance with fire protection engineering standards;
(B) is an installation including a water supply such
as a gravity tank, fire pump, reservoir, or pressure tank, or connection
by underground piping to a city main from the point of connection
or valve where the primary purpose of the water is for a fire protection
sprinkler system;
(C) includes, as the portion of the sprinkler system
aboveground, a network of specially sized or hydraulically designed
piping installed in a building, structure, or area, generally overhead,
and to which sprinklers are connected in a systematic pattern;
(D) includes a controlling valve and a device for actuating
an alarm when the system is in operation; and
(E) is usually activated by heat from a fire and discharges
water over the fire area.
(22) Testing--A procedure used to determine the status
of a system as intended by conducting periodic physical checks on
water-based fire protection systems such as water-flow tests, fire
pump tests, alarm tests, and trip tests of dry pipe, deluge, or preaction
valves. These tests follow up on the original acceptance test at intervals
specified in the applicable adopted standard.
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| Source Note: The provisions of this §34.706 adopted to be effective May 10, 1984, 9 TexReg 2380; amended to be effective October 17, 1986, 11 TexReg 4161; amended to be effective April 14, 1989, 14 TexReg 1644; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective September 20, 1995, 20 TexReg 7077; amended to be effective August 26, 1996, 21 TexReg 7663; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective June 3, 2004, 29 TexReg 5402; amended to be effective April 1, 2006, 31 TexReg 1716; amended to be effective February 14, 2013, 38TexReg 662 |
