28 TAC §34.517
The Commissioner of Insurance adopts amendments to §34.517
concerning servicing of portable fire extinguishers. Section 34.517 is adopted
without changes to the proposed text as published in the December 21, 2001,
issue of the
Texas Register
(26 TexReg 10485)
and will not be republished.
REASONED JUSTIFICATION. These amendments are necessary to implement legislation
enacted by the 77th Legislature in Senate Bill 327. Senate Bill 327 amended
Article 5.43-1 of the Insurance Code, which regulates the leasing, renting,
selling, installing, and servicing of portable fire extinguishers and the
planning, certifying, installing, or servicing of fixed fire extinguisher
systems. Article 5.43-1 prohibited the servicing, leasing, selling, renting
or installing of portable fire extinguishers, fixed fire extinguisher systems,
and extinguisher equipment not labeled or listed by a testing laboratory approved
by the Texas Department of Insurance. As amended, Article 5.43-1 requires
the commissioner by rule to allow portable fire extinguishers to be serviced
regardless of whether the fire extinguisher carries the required labeling
or listing. Nothing in the rule requires owners of these types of portable
extinguishers to service rather than replace unlabeled extinguishers.
Adopted §34.517 allows portable fire extinguishers to be serviced
regardless of whether the fire extinguisher carries required labeling or listing
by a testing laboratory approved by the Texas Department of Insurance. The
amendments to §34.517 describe the three types of portable fire extinguishers
that may be serviced. The amendments set forth requirements for labeling after
servicing is completed. The three types of portable fire extinguishers listed
in the amendments are for commercial use only.
Comment: A commenter asked the department to consider a Standards Interpretation
Letter that the Occupational Safety and Health Administration provided to
the department, which discusses the Hazard Communication Standard (HCS) as
it relates to the labeling of portable fire extinguishers. The commenter states
that the interpretation should be considered for personnel who are servicing
and performing visual inspections or maintenance on fire extinguishers. The
HCS requires hazardous material to be labeled. In order to comply with the
HCS, the National Fire Protection Association (NFPA), in NFPA 10 adopted a
label called Hazardous Material Identification System. The department adopted
NFPA 10 in 28 TAC § 34.507.
Agency Response: The department appreciates the commenter's concerns, however,
the amendments to §34.517 only address a situation where the testing
laboratory label is missing. As noted the department adopted NFPA 10, the
standard for portable fire extinguishers, in §34.507. Those requirements
remain in full force and effect and are unchanged by the adoption of the amendments
to this rule.
Neither for or against: Occupational Safety and Health Administration (OSHA).
The amendments are adopted pursuant to the Insurance Code Article
5.43-1 and §36.001. Article 5.43-1, as amended by the 77th Legislature
under SB 327, requires the Commissioner of Insurance to adopt rules to allow
portable fire extinguishers to be serviced regardless of whether the fire
extinguisher carries the required labeling or listing. Section 36.001 authorizes
the Commissioner of Insurance to adopt rules for the conduct and execution
of the duties and functions of the Texas Department of Insurance as authorized
by statute.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 15, 2002.
TRD-200200959
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: March 7, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 463-6327