Part 1.
TEXAS DEPARTMENT OF INSURANCE
Chapter 34.
STATE FIRE MARSHAL
The Texas Department of Insurance proposes amendments to §§34.506,
34.515 and 34.516, concerning the licensing and qualifying tests for Type
A, Type B and Type PL licenses; §34.606 and §§34.613 - 34.615,
concerning the licensing and qualifying tests for fire alarm technicians,
fire alarm monitoring technicians, residential fire alarm superintendent single
stations, fire alarm planning superintendent and residential fire alarm superintendents; §34.706
and §§34.713 - 34.715, concerning the licensing and qualifying tests
for responsible managing employees; and §§34.808, 34.811, 34.813
and 34.814, concerning the licensing and qualifying tests for pyrotechnic
operators, pyrotechnic special effects operators and flame effects operators.
The proposal is designed to implement legislation enacted by the 78th Legislature
in House Bill (HB) 472. HB 472 amends Articles 5.43-1, 5.43-2 and 5.43-3,
Insurance Code, by allowing the state fire marshal to increase the initial
fee for certain licenses and to provide for the testing of certain license
applicants by an external testing service, pursuant to a written agreement
between the State Fire Marshal's Office (SFMO) and the testing service. HB
472 also amends Chapter 2154, Occupations Code, by requiring the state fire
marshal to establish the scope and type of the qualifying tests for pyrotechnic
operator and pyrotechnic special effects operator licenses and to permit the
testing to be administered directly or by agreement with an external testing
service. The proposed amendments are necessary to establish the outsourcing
of testing for certain licenses and clarify certain portions of the rules.
The proposed amendments throughout replace "examination" with "test" to more
clearly explain the licensing process and capitalizes "State Fire Marshal's
Office" for consistency.
The proposed amendments add a definition for outsource testing service
to §§34.506, 34.606, 34.706, and 34.808, a definition for department
to §34.706 and §34.808 and renumber the remaining definitions of
all the above cited sections after adding the two new definitions. The proposed
amendments to §§34.515, 34.614, 34.714, and 34.814 increase the
fees for initial licenses and late fees, provide for the payment of fees to
an outsource testing service, and replace all fee schedule graphics with text.
The proposed amendments to §34.614 and §34.714 make these sections
consistent with other provisions by providing that only overpayments resulting
from mistakes of law or fact will be refunded.
The proposed amendments to §34.516 state that the (SFMO) shall designate
the outsource testing service, clarify that one test may be given per license,
the test consists of specific topics, and place a limit on the number of times
a test may be scheduled during a twelve-month period. The proposed amendments
to §34.613 change the wording of certain paragraphs indicating that the
SFMO designates the qualifying tests and clarify that an applicant has 180
days from the department's receipt of the initial application to complete
the application, which includes the submission of the appropriate fees and
all required information. The proposed amendments to §34.614 clarify
the qualifying test fees if administered by the SFMO. The proposed amendments
to §34.615 provide that the qualifying test for the various fire alarm
licenses can be given by an outsource testing service.
The proposed amendments to §34.713 provide that the qualifying test
for a responsible managing employee (RME) for dwelling and underground fire
main licenses can be given by an outsource testing service and a copy of the
confirmation letter from the testing service must accompany the application
as evidence of technical qualifications for the license. Additionally, the
amendments clarify that an applicant has 180 days from the department's receipt
of the initial application to complete the application, which includes the
submission of the appropriate fees and all required information. The proposed
amendments to §34.714 clarify the qualifying test fees if administered
by the SFMO. The proposed amendments to §34.715 sets out the number of
times an applicant may schedule a test.
The proposed amendments to §34.811 clarify the licensing process and
set out the number of times a test may be scheduled. The proposed amendments
to §34.813 clarify that an applicant has 180 days from the department's
receipt of the initial application to complete the application, which includes
the submission of the appropriate fees and all required information. The proposed
amendments to §34.814 provide that the qualifying test for pyrotechnic
operator, pyrotechnic special effects operator and flame effects operator
licenses can be given by an outsource testing service. Additionally, the proposed
amendments to §34.814 set forth the payment amount for the various pyrotechnic
and flame effects licenses as well as the qualifying test fees if administered
by the SFMO.
G. Mike Davis, State Fire Marshal, has determined that for each year of
the first five years the proposal will be in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the proposed amendments. Mr. Davis has also determined that there will be
no adverse effect on local employment or the local economy as a result of
the proposal.
Mr. Davis also has determined that for each year of the first five years
the proposed amendments are in effect, the anticipated public benefit from
enforcing and administering the amended sections will be the location of testing
facilities that are familiar and convenient to the applicants, reduction in
costs to successful applicants for their licenses, and potentially increase
in the number of licensees who were previously unable to travel to Austin
for testing. Currently, all license tests affected by HB 472 are administered
at the SFMO which requires all licensees to travel to Austin, Texas to take
the test. The proposed amendments will permit the applicant to take the licensing
exam at one of the outsource testing service facilities located throughout
the state. This flexibility will save the applicant travel time as well as
reduce costs encountered by over-night accommodations. The cost to a business
in the fire extinguisher, fire alarm, fire sprinkler and pyrotechnic industry
qualifying as a small business under the Government Code §2006.001 will
be the same as the cost to the largest business because the cost is not dependent
upon the size of the business but rather is the cost per specific type of
license. Because licenses are required for individuals in the industry, it
is neither legal nor feasible to waive the proposed amendments for small or
micro businesses because minimum standards for safety must be applied consistently
to large, small and micro businesses. Although the costs to businesses is
dependent on the number of licensees it employs, the licensee now has the
option of taking the qualifying test at a local outsource testing facility
which may cost the licensee or his employer less as he will not be required
to travel to Austin to take the test.
To be considered, written comments on the proposal must be submitted no
later than 5:00 p.m. on May 3, 2004 to Gene C. Jarmon, General Counsel and
Chief Clerk, Texas Department of Insurance, P.O. Box 149104, Mail Code 113-2A,
Austin, Texas 78714-9104. An additional copy of the comments must be submitted
simultaneously to G. Mike Davis, State Fire Marshal, Mail Code 112-FM, Texas
Department of Insurance, P.O. Box 149221, Austin, Texas 78714-9221. Requests
for a public hearing should be submitted separately to the Office of the Chief
Clerk.
Subchapter E. FIRE EXTINGUISHER RULES
28 TAC §§34.506, 34.515, 34.516
The amended sections are proposed pursuant to the Insurance
Code Articles 5.43-1, 5.43-2 and 5.43-3, Occupations Code §2154.052 and
the Insurance Code §36.001. Insurance Code Articles 5.43-1, 5.43-2 and
5.43-3 mandate the adoption of rules necessary to implement the requirements
of these articles. Occupations Code §2154.052 allows the commissioner
to adopt and the fire marshal to administer rules that the commissioner considers
necessary for the protection, safety, and preservation of life and property,
including rules regulating the issuance of licenses and permits. Section 36.001
provides that the Commissioner of Insurance may adopt any rules necessary
and appropriate to implement the powers and duties of the Texas Department
of Insurance under the Insurance Code and other laws of this state.
The following statutes are affected by the proposed amendments: Insurance
Code Articles 5.43-1, 5.43-2 and 5.43-3, Occupation Code §§2154.052,
2154.103 and 2154.155.
§34.506.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) - (12)
(No change.)
(13)
Outsource testing service--The testing
service selected by the state fire marshal to administer certain designated
qualifying tests for licenses under this subchapter.
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
§34.515.Fees.
(a)
Every fee
payable to the department and
required
in accordance with the provisions of the Insurance Code, Article 5.43-1, and
[
(b)
Fees
payable to the department
must be paid
at the Office of the State Fire Marshal in Austin, or mailed to an address
specified by the state fire marshal.
(c)
Fees are as follows.
(1)
Certificates of registration (Type A, B, and PL):
(A)
initial fee--$450;
(B)
renewal fee (for two years)--$600;
(C)
renewal late fee (expired 1 day to 90
days)--$225;
(D)
renewal late fee (expired 91 days to two
years)--$450;
(E)
[
(F)
[
(G)
branch office late fee (expired 1 day
to 90 days)--$50;
(H)
branch office late fee (expired 91 days
to two years)--$100.
(2)
Certificate of registration (Type C):
(A)
initial fee--$250;
(B)
renewal fee (for two years)--$300
;
[
(C)
renewal late fee (expired 1 day to 90
days)--$125;
(D)
renewal late fee (expired 91 days to two
years)--$250.
(3)
Fire extinguisher license (Type A and B):
(A)
initial fee--
$70
[
(B)
renewal fee (for two years)--$100
;
[
(C)
renewal late fee (expired 1 day to 90
days)--$35;
(D)
renewal late fee (expired 91 days to two
years)--$70.
(4)
Fire extinguisher license (Type PL):
(A)
initial fee--
$70
[
(B)
renewal fee (for two years)--$100
;
[
(C)
renewal late fee (expired 1 day to 90
days)--$35;
(D)
renewal late fee (expired 91 days to two
years)--$70.
(5)
Apprentice permit fee--$30.
(6)
Duplicate or revised certificates, licenses, permits, or
other requested changes to certificates, licenses, or permits--$20.
(7)
Initial
test
[
(8)
Retest
[
(d)
Fees for tests administered by an outsource
testing service are payable to the testing service in the amount and manner
required by the testing service.
(e)
[
[(e)
Fees for certificates and licenses which
have been expired for less than two years include both renewal and late fees
and must be determined in accordance with the following schedule.]
[
§34.516. Tests [
(a)
Applicants for licenses are required to take
a test
[
(1)
The Type B license
test
[
(A)
[
(B)
[
(2)
The Type A license
test
[
(3)
The Type PL license
test
[
(b)
The standards used in
the tests
[
(c)
Examinees who fail any
topic on the test
[
(d)
A person whose license has been expired for two years or
longer who makes application for a new license must take and pass another
test
[
(e)
An examinee who is scheduled for
a test
[
(f)
An applicant may only schedule each type
of test three times within a twelve-month period.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 18, 2004.
TRD-200402021
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: May 2, 2004
For further information, please call: (512) 463-6327
28 TAC §§34.606, 34.613 - 34.615
The amended sections are proposed pursuant to the Insurance
Code Articles 5.43-1, 5.43-2 and 5.43-3, Occupations Code §2154.052 and
the Insurance Code §36.001. Insurance Code Articles 5.43-1, 5.43-2 and
5.43-3 mandate the adoption of rules necessary to implement the requirements
of these articles. Occupations Code §2154.052 allows the commissioner
to adopt and the fire marshal to administer rules that the commissioner considers
necessary for the protection, safety, and preservation of life and property,
including rules regulating the issuance of licenses and permits. Section 36.001
provides that the Commissioner of Insurance may adopt any rules necessary
and appropriate to implement the powers and duties of the Texas Department
of Insurance under the Insurance Code and other laws of this state.
The following statutes are affected by the proposed amendments: Insurance
Code Articles 5.43-1, 5.43-2 and 5.43-3, Occupation Code §§2154.052,
2154.103 and 2154.155.
§34.606.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) - (11)
(No change.)
(12)
Outsource testing service--The testing
service selected by the state fire marshal to administer certain designated
qualifying tests for licenses under this subchapter.
(13)
[
(14)
[
(15)
[
(16)
[
§34.613.Applications.
(a)
(No change.)
(b)
Fire alarm licenses.
(1)
In order 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, and information
required by the Insurance Code, Article 5.43-2, and [
(2)
Applicants for fire alarm technician licenses must:
(A)
furnish notification from NICET confirming the applicant's
successful completion of the
test
[
(B)
successfully complete a technical qualifying
test
as designated
[
(3)
Applicants for a fire alarm monitoring technician license
must successfully complete a technical qualifying
test as designated
[
(4)
Applicants for a residential fire alarm superintendent
(single station) license must successfully complete a technical qualifying
test as designated
[
(5)
Applicants for a residential fire alarm superintendent
license must:
(A)
furnish notification from NICET confirming the applicant's
successful completion of the
test
[
(B)
successfully complete a technical qualifying
test
as designated
[
(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 notification letter confirming the applicant's
successful completion of the
test
[
(c)
Renewal applications.
(1)
In order to be complete, renewal applications for certificates
and licenses must be submitted on forms provided by the state fire marshal
and be accompanied by all fees, documents, and information required by the
Insurance Code, Article 5.43-2, and [
(2)
A license may not be renewed if the applicant is not currently
an employee or an agent of a registered firm.
(d)
Complete applications. The application
form for a license or registration must be accompanied by the required fee
and must, within 180 days of receipt by the department of the initial application,
be complete and accompanied by all other information required by the Insurance
Code Article 5.43-2 and this subchapter, or a new application must be submitted
including all applicable fees.
§34.614.Fees.
(a)
Every fee
payable to the department and
required
in accordance with the provisions of the Insurance Code, Article 5.43-2, and
[
(b)
Fees
payable to the department
must be paid
at the Office of the State Fire Marshal in Austin, Texas, or mailed to an
addressed specified by the state fire marshal.
(c)
Fees for tests administered by an outsource
testing service are payable to the testing service in the amount and manner
required by the testing service.
(d)
Fees are as follows:
(1)
Certificates of registration:
(A)
initial fee--$500;
(B)
renewal fee (for two years)--$1,000;
(C)
renewal late fee (expired 1 day to 90 days)--$125;
(D)
renewal late fee (expired 91 days to two years)--$500;
(E)
branch office initial fee--$150;
(F)
branch office renewal fee (for two years)--$300;
(G)
branch office late fee (expired 1 day to 90 days)--$37.50;
(H)
branch office late fee (expired 91 days to two years)--$150;
(2)
Certificates of registration--Single Station:
(A)
initial fee--$250;
(B)
renewal fee (for two years)--$500;
(C)
renewal late fee (expired 1 day to 90 days)--$62.50;
(D)
renewal late fee (expired 91 days to two years)--$250;
(E)
branch office initial fee--None;
(F)
branch office renewal fee (for two years)--None;
(3)
Fire alarm licenses (Fire alarm technician license, Fire
alarm monitoring technician license, Residential fire alarm superintendent
(single station) license, Residential fire alarm superintendent license, Fire
alarm planning superintendent license):
(A)
initial fee--$120;
(B)
renewal fee (for two years)--$200;
(C)
renewal late fee (expired 1 day to 90 days)--$30;
(D)
renewal late fee (expired 91 days to two years)--$120;
(4)
Duplicate or revised certificate or license or other requested
changes to certificates, or licenses--$20;
(5)
Initial test fee (If administered by the State Fire Marshal's
Office)--$20;
(6)
Retest fee (if administered by the State Fire Marshal's
Office)--$20.
(e)
All fees are forfeited if the applicant
does not appear for the scheduled test.
[(c)
Fees are as follows:]
[
(f)
[
(g)
[
[
§34.615. Test [
(a)
Each applicant for a license must pass the appropriate
tests
[
(1)
The license
test
[
(A)
[
(B)
[
(C)
an outsource testing service.
(2)
The standards used in
tests
[
(b)
Examinees who fail must file a
retest
[
(c)
A person whose license has been expired for two years or
longer who makes application for a new license must take and pass another
test
[
(d)
An applicant may only schedule each type of
test
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 18, 2004.
TRD-200402022
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: May 2, 2004
For further information, please call: (512) 463-6327
(13)
] Person--A natural person.
(14)
] Plan--To lay out, detail,
draw, calculate, devise, or arrange an assembly of detection or suppression
devices and appurtenances in accordance with either fire protection standards
adopted in this subchapter or specifications specially designed by a Texas
registered professional engineer acting solely in his professional capacity.
(15)
] Registered firm--A person,
partnership, corporation, or association holding a current certificate of
registration.
(16)
] Shop--A facility of a registered
firm where servicing, repairing, or hydrostatic testing is performed and where
parts and equipment are maintained.
(17)
] Test--The act of subjecting
a portable or fixed system to any procedure necessary to determine whether
it is properly installed or operates correctly.
the sections of
] this subchapter must be paid by cash, money order,
or check. Money orders and checks must be made payable to the Texas Department
of Insurance. Except for overpayments resulting from mistakes of law or fact,
all fees are non-refundable.
(C)
] branch office initial fee--$100;
(D)
] branch office renewal fee (for
two years)--$200
;
[
.
]
.
]
$50
];
.
]
$50
];
.
]
examination
] fee
(if administered by the SFMO)
[
(nonrefundable and nontransferable)
]--$20.
Reexamination
] fee
(if administered by the SFMO)
[
(nonrefundable and nontransferable)
]--$20.
(d)
] Late fees are required of all
certificate or license holders who fail to submit complete renewal applications
before the expiration of the certificate or license.
Figure: 28 TAC §34.515(e)
]
Examinations ].
an examination
] and obtain at least a grade of 70%
on
[
in each appropriate section of
] the
test
[
examination
].
Tests
[
Examinations
] may be supplemented
by practical tests or demonstrations deemed necessary to determine the applicant's
knowledge and ability. The
test
content, frequency, [
and
]
location
and outsource testing service
[
of the examination
] shall be
designated
[
set
] by the state fire
marshal.
examination
]
will include
questions on
the following:
a section on
] this subchapter and the Insurance
Code, Article 5.43-1; and
a section on
] installing[
,
] and
servicing of portables.
examination
]
will include the
topics
[
sections
] described in paragraph
(1)(A) and (B) of this subsection and [
a section on
] fixed systems.
examination
]
will include the
topics
[
section
] described in paragraph
(1)(A) of this subsection and a technically qualifying
test
[
examination
] to be conducted through NICET.
examinations
] will be adopted by the
State Fire Marshal's Office
[
commission
].
section
] must file a
retest
[
reexamination
] application
accompanied by the required fee.
examination
]. No
test
[
examination
] is required for a licensee whose license is renewed within two years
of expiration.
an examination
] to be conducted on a religious holy day by the
State Fire Marshal's Office
[
state fire marshal's office
]
and who wishes to observe the religious holy day may request the rescheduling
of the
test
[
examination
] to an alternate date.
Subchapter F. FIRE ALARM RULES
(12)
] Plan--To lay out, detail,
draw, calculate, devise, or arrange an assembly of fire alarm or detection
devices, equipment, and appurtenances, including monitoring equipment, in
accordance with standards adopted in this
subchapter
[
chapter
].
(13)
] Primary registered firm--The
registered fire alarm company with the responsibility for the fire alarm system
certification.
(14)
] Repair--To restore to proper
operating condition.
(15)
] Test--The act of subjecting
a fire detection or alarm device or system, including monitoring equipment,
to any procedure required by applicable standards or manufacturers' recommendations
to determine whether it is properly installed or operates correctly.
the sections of
] this
subchapter
[
chapter
]. 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
[
examination
] regarding Insurance
Code, Article 5.43-2, and the Fire Alarm Rules
as designated
[
to be conducted
] by the State Fire Marshal's
Office
[
office
].
examination
] requirements
in work elements pertaining to fire alarm systems, as determined by the state
fire marshal; or
examination to be conducted
] by the State
Fire Marshal's
Office
[
office
].
examination to be conducted
] by the State Fire Marshal's
Office
[
office
] or provide evidence of current registration
in Texas as a registered engineer.
examination to be conducted
] by the State
Fire Marshal's
Office
[
office
].
examination
] requirements
in work elements pertaining to fire alarm systems, as determined by the state
fire marshal; or
examination to be conducted
] by the State
Fire Marshal's
Office
[
office
].
examination
] requirements
[
for certification at Level II until January 1, 1998, at which time all
applicants and renewal applicants must demonstrate successful completion of
the examination requirements
] for NICET certification at Level III for
fire alarm systems. [
All current licenses expiring after January 1, 1998,
shall be held as valid until their normal expiration date.
]
the sections of
] this
subchapter
[
chapter
]. 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 which
is before the expiration of the certificate or license being renewed.
the sections of
] this
subchapter
[
chapter
]
must be paid by cash, money order, or check. Money orders and checks must
be made payable to the Texas Department of Insurance.
Except for overpayments
resulting from mistakes of law or fact, all fees are non-refundable.
Figure: 28 TAC §34.614(c)
]
(d)
] Late fees are required of all
certificate or license holders who fail to submit complete renewal applications
before the expiration of the certificate or license except as provided in
the Insurance Code, Article 5.43-2, §5C(c).
(e)
] Fees for certificates and licenses
which have been expired for less than two years include both renewal and late
fees [
and must be determined in accordance with the following schedule
].
Figure: 28 TAC §34.614(e)
]
Examination ].
examinations
].
Tests
[
Examinations
] may be supplemented by practical tests or demonstrations necessary
to determine the applicant's knowledge and ability.
examination
] will
include a section on this
subchapter
[
chapter
] and the
Insurance Code, Article 5.43-2, and a technical qualifying
test to be
conducted by
[
examination
]:
to be conducted by
] the
State Fire Marshal's
Office
[
state fire marshal's office
]; [
or
]
to be conducted by
] NICET
; or
[
.
]
examinations
] will be those adopted in §34.607 of this title (relating to Adopted
Standards).
reexamination
] application accompanied by the required fee in order
to be
retested
[
reexamined
] on the next scheduled
test
[
examination
] date.
examination
]. No
test
[
examination
] is required for a licensee whose license is renewed within two years
of expiration.
examination
] three times within a twelve-month period.
Subchapter G. FIRE SPRINKLER RULES