| (a) Approvals and certificates of registration.
(1) Applications for approvals, certificates, and branch
office certificates must be submitted on the forms adopted by reference
in §34.630 of this title (relating to Application and Renewal
Forms) and be accompanied by all fees, documents, and information
required by Insurance Code Chapter 6002, concerning Fire Detection
and Alarm Device Installation, and this subchapter. An application
will not be deemed complete until all required forms, fees, 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 applicants using an assumed name, the application must also 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 6002 and this subchapter.
(3) For corporations, the application must also include
the name of each shareholder owning more than 25% of the shares issued
by the corporation; the corporate taxpayer identification number;
the charter number; a copy of 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; and a copy of the corporation's current
franchise tax certificate from the State Comptroller's Office showing
it is in active status.
(4) A registered firm must employ at least one full-time
licensed individual at each location of a main or branch office.
(5) Insurance is required as follows:
(A) The state fire marshal will not issue a certificate
of registration under this subchapter unless the applicant files with
the State Fire Marshal's Office evidence of an acceptable general
liability insurance policy.
(B) Each registered firm must maintain in force and
on file in the State Fire Marshal's Office a certificate of insurance
identifying the insured and the exact nature of the business insured.
In identifying the named insured, the certificate of insurance must
include either an assumed name or the name of the corporation; partners,
if any; or sole proprietor, if applicable.
(6) A firm billing a customer for monitoring is engaged
in the business of monitoring and must comply with the insurance requirements
of this subchapter for a monitoring firm.
(7) Applicants for a certificate of registration who
engage in monitoring must provide the specific business locations
where monitoring will take place and the name and license number of
the fire alarm licensees at each business location. A fire alarm licensee
may not serve in this capacity for a registered firm other than the
firm applying for a certificate of registration. In addition, the
applicants must provide evidence of listing or certification as a
central station by a testing laboratory approved by the commissioner
and a statement that the monitoring service complies with NFPA 72,
as adopted in §34.607 of this title (relating to Adopted Standards).
(8) Applicants for a certificate of registration--single
station must provide a statement, signed by the sole proprietor, a
partner of a partnership, or by an officer of the corporation, indicating
that the firm exclusively engages in the business of planning, certifying,
leasing, selling, servicing, installing, monitoring, or maintaining
single station devices.
(b) Fire alarm licenses.
(1) To be complete, applications for a license from
an employee or agent of a registered firm must be submitted on forms
provided by the state fire marshal and be accompanied by all fees,
documents, a criminal history report from the Texas Department of
Public Safety, and information required by Insurance Code Chapter
6002 and this subchapter. Applications must be signed by the applicant
and by a person authorized to sign on behalf of the registered firm.
All applicants for any type of license must successfully complete
a qualifying test as required in Insurance Code Chapter 6002 and this
subchapter as designated by the State Fire Marshal's Office. The qualifying
test, given as part of the training for residential fire alarm technician
license, must include questions regarding Insurance Code Chapter 6002
and this subchapter. For a natural person to be eligible for any fire
alarm 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.
(2) Applicants for fire alarm technician licenses must:
(A) furnish notification from the National Institute
for Certification in Engineering Technologies (NICET) or the Electronic
Security Association (ESA), confirming the applicant's successful
completion of the test requirements in work elements pertaining to
fire alarm systems, as determined by the state fire marshal; or
(B) successfully complete a technical qualifying test
as designated by the State Fire Marshal's Office.
(3) Applicants for a fire alarm monitoring technician
license must successfully complete a technical qualifying test as
designated by the State Fire Marshal's Office, or provide evidence
of current registration in Texas as a registered engineer.
(4) Applicants for a residential fire alarm superintendent
(single station) license must successfully complete a technical qualifying
test as designated by the State Fire Marshal's Office.
(5) Applicants for a residential fire alarm superintendent
license must:
(A) furnish notification from NICET or ESA confirming
the applicant's successful completion of the test requirements in
work elements pertaining to fire alarm systems, as determined by the
state fire marshal; or
(B) successfully complete a technical qualifying test
as designated by the State Fire Marshal's Office.
(6) Applications for a fire alarm planning superintendent
license must be accompanied by one of the following documents as evidence
of technical qualifications for a license:
(A) proof of registration in Texas as a professional
engineer; or
(B) a copy of NICET's or ESA's notification letter
confirming the applicant's successful completion of the test requirements
for NICET or ESA certification at Level III for fire alarm systems.
(7) An applicant for a residential fire alarm technician
license must provide evidence of the applicant's successful completion
of the required residential fire alarm technician training course
from a training school approved by the State Fire Marshal's Office.
(c) Instructor and training school approvals.
(1) Instructor approvals. An applicant for approval
as an instructor must:
(A) hold a current fire alarm planning superintendent
license, residential fire alarm superintendent license, or fire alarm
technician license issued by the State Fire Marshal's Office;
(B) submit a completed Instructor Approval Application,
Form No. SF247, signed by the applicant, that is accompanied by all
fees; and
(C) furnish written documentation of a minimum of three
years of experience in fire alarm installation, service, or monitoring
of fire alarm systems unless the applicant has held a fire alarm planning
superintendent license, residential fire alarm superintendent license,
or fire alarm technician license for three or more years.
(2) Training school approvals.
(A) An applicant for approval of a training school
must submit a completed Training School Approval Application, Form
No. SF 246, to the State Fire Marshal's Office. To be complete, the
application must be:
(i) signed by the applicant, the sole proprietor, by
each partner of a partnership, or by an officer of a corporation or
organization as applicable;
(ii) accompanied by a detailed outline of the proposed
subjects to be taught at the training school and the number and location
of all training courses to be held within one year following approval
of the application; and
Cont'd... |
