Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 34 - STATE FIRE MARSHAL
Subchapter F - FIRE ALARM RULES
Section 34.616 - Sales, Installation, and Service
Universal Citation: 28 TX Admin Code § 34.616
Current through Reg. 50, No. 13; March 28, 2025
(a) Residential alarm (single station).
(1)
Registered firms may employ persons exempt from the licensing provisions of
Insurance Code §
6002.155(10)
to sell, install, and service residential, single station alarms. Exempted
persons must be under the supervision of a residential fire alarm
superintendent (single station), residential fire alarm superintendent, or fire
alarm planning superintendent.
(2)
Each registered firm that employs persons exempt from licensing provisions of
Insurance Code §
6002.155(10)
is required to maintain documentation to include lesson plans and annual test
results demonstrating competency of those employees regarding the provisions of
Insurance Code Chapter 6002, adopted standards, and this subchapter applicable
to single station devices.
(b) Fire detection and fire alarm devices or systems other than residential single station.
(1) The installation of all fire detection
and fire alarm devices or systems, including monitoring equipment subject to
Insurance Code Chapter 6002, must be performed by or under the direct on-site
supervision of a licensed fire alarm technician, residential fire alarm
technician, residential fire alarm superintendent, or a fire alarm planning
superintendent for the work permitted by the license. The licensee responsible
for the planning of all fire detection and fire alarm devices or systems,
including monitoring equipment subject to Insurance Code Chapter 6002, must be
licensed under the Alarm Certificate of Registration (ACR) number of the
registered firm responsible for the planning. The certifying licensee, who is
licensed under the ACR number of the registered firm responsible for the
installation, must be present for the final acceptance test prior to
certification. The registered firm responsible for the planning of the fire
devices or system can be different from the firm responsible for the
installation.
(2) The maintenance
or servicing of all fire detection and fire alarm devices or systems must be
performed by or under the direct on-site supervision of a licensed fire alarm
technician, residential fire alarm technician, residential fire alarm
superintendent, or a fire alarm planning superintendent for the work permitted
by the license. The licensee attaching a label must be licensed under the ACR
number of the primary registered firm.
(3) If the installation or servicing of a
fire alarm system also includes installation or servicing of any part of a fire
protection sprinkler system or a fire extinguisher system, the licensing
requirements of Insurance Code Chapters 6001 and 6003 must be satisfied, as
appropriate.
(4) The planning,
installation, and servicing of fire detection or fire alarm devices or systems,
including monitoring equipment, must be performed according to standards
adopted in §
34.607 of this title (relating to
Adopted Standards) except when the planning and installation complies with an
edition of the standard that has been previously adopted by the political
subdivision in which the system is installed.
(5) Fire alarm system equipment replaced in
the same location with the same or similar electrical and functional
characteristics and listed to be compatible with the existing equipment, as
determined by a fire alarm planning superintendent, may be considered a repair.
The equipment replaced must comply with the currently adopted standards, but
the entire system is not automatically required to be modified to meet the
applicable adopted code. The local authority having jurisdiction (AHJ) must be
consulted to determine whether to update the entire system to comply with the
current code and if plans or a permit is required prior to making the
repair.
(6) On request of the owner
of the fire alarm system, a registered firm must provide all passwords,
including those for the site-specific software, but the registered firm may
refrain from providing that information until the system owner signs a
liability waiver provided by the registered firm.
(c) Monitoring requirements.
(1) A registered firm may not monitor a fire
alarm system located in the State of Texas for an unregistered firm.
(2) A registered firm may not connect a fire
alarm system to a monitoring service unless:
(A) the monitoring service is registered
under Insurance Code Chapter 6002 or is exempt from the licensing requirements
of that chapter; and
(B) the
monitoring equipment being used is in compliance with Insurance Code §
6002.251.
(3) A registered firm must employ at least
one technician licensee at each central station location. Each dispatcher at
the central station is not required to be a fire alarm technician
licensee.
(4) A registered firm
subcontracting monitoring services to another registered firm must advise the
monitoring services subscriber of the identity and location of the registered
firm actually providing the services unless the registered firm's contract with
the subscriber contains a clause giving the registered firm the right, at the
registered firm's sole discretion, to subcontract any or all of the work or
service.
(5) A registered
monitoring firm reporting an alarm or supervisory signal to a municipal or
county emergency services center must provide, at a minimum, the type of alarm,
address of alarm, name of subscriber, dispatcher's identification, and
call-back phone number. If requested, the firm must also provide the name,
registration number, and call-back phone number of the firm contracted with the
subscriber to provide monitoring service if other than the monitoring
station.
(6) If the monitoring
service provided under this subchapter is discontinued before the end of the
contract with the subscriber, the monitoring firm, central station, or service
provider must notify the owner or owner's representative of the monitored
property and the local AHJ a minimum of seven days before terminating the
monitoring service. If the monitored property is a one- or two-family dwelling,
notification of the local AHJ is not required.
(d) Record keeping. The firm must keep complete records of all service, maintenance, and testing on the system for a minimum of two years. The records must be available for examination by the state fire marshal or the state fire marshal's representative.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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