Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 34 - STATE FIRE MARSHAL
Subchapter F - FIRE ALARM RULES
Section 34.613 - Applications
Universal Citation: 28 TX Admin Code § 34.613
Current through Reg. 50, No. 13; March 28, 2025
(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
(iii)
accompanied by all required fees.
(B) After review of the application for
approval for a training school, the state fire marshal will approve or deny the
application within 60 days following receipt of the materials. A letter of
denial will state the specific reasons for the denial. An applicant that is
denied approval may reapply at any time by submitting a completed application
that includes the changes necessary to address the specific reasons for
denial.
(d) Renewal applications.
(1) In order to be
complete, renewal applications for certificates, licenses, instructor
approvals, and training school approvals must be submitted on the forms adopted
by reference in §
34.630 of this title 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. A complete renewal application deposited with the
United States Postal Service is deemed to be timely filed, regardless of actual
date of delivery, when its envelope bears a postmark date that is before the
expiration of the certificate or license being renewed.
(2) 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, but the licensee may not engage in any activity for which
the license was granted until the licensee is employed and qualified by a
registered firm.
(e) Complete applications. The application form for a license, registration, instructor approval, and training school approval must be accompanied by the required 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 6002 and this subchapter, or a new application must be submitted including all applicable fees.
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