28 TAC §§34.606 - 34.609, 34.613 - 34.615, 34.623
The Texas Department of Insurance proposes amendments to
Subchapter F, concerning fire alarm rules, by amending §§34.606
- 34.609, 34.613 - 34.615, and 34.623. These proposed amendments are necessary,
in part, to implement legislation enacted by the 75th Legislature in Senate
Bill 371. Senate Bill 371, in part, transferred the operations of the state
fire marshal and all of the powers, duties, rights, obligations, contracts,
records, personnel, property, funds, and unspent appropriations of the Texas
Commission on Fire Protection with respect to the administration of Article
5.43-2 of the Insurance Code from the Texas Commission on Fire Protection
to the Texas Department of Insurance, effective September 1, 1997. The Texas
Department of Insurance now regulates fire detection and alarm devices; accordingly,
§§34.606, 34.607, 34.608, 34.609, 34.613, 34.614, 34.615 and 34.623,
which refer to the Texas Commission on Fire Protection, are amended to reflect
the transfer of authority from that agency to the Commissioner of Insurance.
Section 34.606 has also been reformatted to number the definitions contained
in that section and to delete definitions that are already defined by statute.
Section 34.607, which adopts by reference minimum standards and recommendations
of the National Fire Protection Association and Underwriters Laboratories,
is amended by replacing some of the currently adopted standards and recommendations
by the most recent versions of those standards and recommendations. The adoption
of the most recent standards and recommendations is necessary because as the
technology for fire detection and alarm devices develops, the minimum standards
of design and performance also change. This results in better protection of
the public from fire by the application of the most recent standards and recommendations
to fire detection and alarm devices. Additionally, other units of government
in Texas are adopting these standards, and uniformity of standards enable
both the fire alarm industry and the public to know what standards are applicable
in all jurisdictions. The changes to the standards were made to clarify existing
requirements, eliminate redundant language, restructure the document for ease
in use, mandate existing current installation practices, encourage competent
system design, adapt existing requirements to current state-of-the-art equipment,
and add installation requirements to provide a greater level of safety to
the public that rely on the performance of fire alarm and detection systems.
Changes were made concerning the resounding of trouble signals, separate annunciation
of areas of refuge, control and listing of alarm software and firmware, providing
an additional firefighter warning circuit in elevators, providing separate
control units for suppression systems, restricting control of subscriber phone
lines used for monitoring, providing emergency lighting for proprietary supervising
stations, placement of smoke detectors in beam and solid joist construction,
spacing of detectors used for smoke control, providing remote indicators for
duct detectors in concealed spaces, resolving conflicts with the requirements
of the Americans with Disabilities Act pertaining to the use and placement
of notification devices, limiting sound levels for audible devices, requirements
for reacceptance testing, guidance when performing sensitivity tests on unmarked
detectors, limiting the use of certain types of wires for fire alarm systems
and requiring a new circuit integrity rating to be marked on certain fire
alarm wire. The department has filed a copy of these revised standards and
recommendations with the Secretary of State's Texas Register Section. In addition,
the proposed amendment to §34.613 provides for a new certificate of registration
for single station fire alarm companies. The proposed amendments to §34.614
establish the registration and renewal fees for those companies. In addition,
§34.615 is amended to limit the number of times a license applicant may
schedule the required examination to three within a twelve-month period.
G. Mike Davis, state fire marshal, has determined that for each year of
the first five years the proposed amendments are in effect, there will be
no fiscal impact to state government. Mr. Davis anticipates that the administration
of the fire alarm licensing program by the Texas Department of Insurance will
be more efficient because fewer resources will be required to administer the
tests given to licensing applicants. There will be no fiscal implications
for local government as a result of enforcing or administering the new standards,
and no effect on the local economy or local employment.
Mr. Davis also has determined that for each year the proposed amendments
are in effect, the anticipated public benefit from enforcing and administering
these sections is improved continuity of effective and efficient regulation
of fire alarm and detection devices. Additionally, the public will be better
protected from fire as a result of the adoption and enforcement of the most
current nationally recognized standards applicable to fire alarm and detection
devices. The most recent standards will improve the quality, type and quantity
of equipment provided to the consumer. Limiting the number of times a license
applicant may schedule a required examination within a year will provide for
more efficient administration of examination of applicants. Currently, license
applicants are scheduling examinations but not taking the examinations. The
limitation on the number of times an examination may be scheduled should also
encourage applicants to prepare better for the examination, resulting in a
higher percentage of applicants passing the examination on the first or second
attempt. Thus, the consumer should benefit from the earlier licensing of fire
alarm business employees who possess the knowledge necessary to competently
plan, sell, install, service and repair fire alarm products. More efficiency
in the examination process should also provide a savings to registered fire
alarm firms who pay the costs of sending their employees to take examinations.
Mr. Davis does not anticipate any measurable additional costs resulting from
these amendments because the fire alarm industry has been required to comply
with all the standards previously adopted by the Commission on Fire Protection.
It is also anticipated that any increases in costs resulting from the proposed
amendments would be passed on to consumers by the fire alarm industry. The
estimated cost to purchase all of the proposed updated standards is approximately
$500, and since fire alarm firms and persons in the fire alarm industry will
only need to purchase the applicable standards in their area of expertise,
the cost may actually be less. For example, approximately 90% of fire alarm
firms are not central stations and therefore would not have to purchase UL
827, which costs $103. The estimated cost to purchase all of the updated standards
will not be more than $500 and will be the same cost for all persons and companies,
including small and large businesses, who purchase the updated standards.
The cost to a fire alarm firm or person in the fire alarm 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 same price for all purchasers
of the updated standards. The proposed amendments may not be waived for a
fire alarm firm or person in the fire alarm industry qualifying as a small
business under the Government Code, §2006.001 because the use of these
standards is prescribed by statute. The cost to small businesses working in
the fire alarm industry would be the cost to purchase the newly adopted standards
and, as noted for the fire alarm industry as a whole, the cost may actually
be less since most fire alarm firms do not work in all areas of the industry
and would not need to purchase all of the standards.
Comments on the proposal must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
, to Lynda H. Nesenholtz, 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 to G. Mike Davis, State
Fire Marshal, Texas Department of Insurance, P.O. Box 149221, Mail Code 108-FM,
Austin, Texas 78714-9221. Requests for a public hearing should be submitted
separately to the Office of the Chief Clerk.
The amendments are proposed pursuant to the Insurance Code Articles
5.43-2 and 1.03A. Section 6 of Article 5.43-2 provides that the Commissioner
of Insurance may adopt rules necessary to the administration of this article.
The rules may establish specialized licenses and certificates of registration
for organizations or persons engaged in the business of planning, certifying,
leasing, selling, servicing, installing, monitoring or maintaining fire alarm
or fire detection devices or systems. Section 6 also provides that the commissioner
shall adopt standards applicable to any fire alarm device, equipment, or system
regulated by the article. Article 1.03A authorizes the Commissioner of Insurance
to adopt rules and regulations, which must be for general and uniform application,
for the conduct and execution of the duties and functions of the Texas Department
of Insurance only as authorized by a statute.
The following statutes are affected by the proposed sections: §§34.606
- 34.609, 34.613 - 34.615 and 34.623 Insurance Code, Article 5.43-2
§34.606.Definitions.
The following words and terms, when used in this
subchapter
[
chapter
], shall have the following meanings, unless the context
clearly indicates otherwise.
(1)
Business - Inspecting, planning, certifying,
leasing, selling, servicing, testing, installing, monitoring, or maintaining
of fire alarm or fire detection devices and systems.
(2)
Certificate - The certificate of registration
issued by the state fire marshal.
(3)
Certify - To attest to the proper planning
or servicing, installing, or maintaining of fire detection and fire alarm
devices and systems, including monitoring equipment, by attaching a completed
installation/service record label and completing an installation certificate
form or other additional form required by a governmental authority.
(4)
Commissioner - The commissioner of
insurance.
(5)
Department - The Texas Department
of Insurance.
[
Commission - The Texas Commission on Fire Protection.
]
(6)
Direct supervision - The control of work,
excluding the installation of conduit, raceways, junction boxes, back boxes,
or similar electrical enclosures, as it is being performed on fire detection
or fire alarm devices and systems by a licensed fire alarm technician or a
licensed fire alarm planning superintendent.
(7)
Firm - A person or an organization, as
defined in the Insurance Code, Article 5.43-2.
[
Full-coverage system - A combination of fire detection and
fire alarm devices and equipment installed in all areas of a building according
to required standards.
]
[
License - The document issued to a fire alarm technician
or a fire alarm planning superintendent.
]
(8)
Local authority having jurisdiction -
As used in the Texas Insurance Code, Article 5.43-2, §9(c), means a fire
chief, fire marshal, or other designated official having statutory authority.
(9)
Monitoring equipment - Equipment used
to transmit and receive fire alarm, trouble, and supervisory signals from
protected premises to a firm registered to monitor or one exempt from licensing
by the Insurance Code, Article 5.43-2.
(10)
NFPA - National Fire Protection Association,
a nationally recognized standards-making organization.
(11)
NICET - National Institute for Certification
in Engineering Technologies.
[
Person - A natural person.
]
(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 chapter.
(13)
Primary registered firm - The registered
fire alarm company with the responsibility for the fire alarm system certification.
[
Registered firm - A person, partnership, corporation, organization,
or association holding a current certificate of registration.
]
(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.
§34.607.Adopted Standards.
(a)
The
commissioner
[
commission
] adopts
by reference those sections of the following copyrighted minimum standards,
recommendations, and appendices concerning fire alarm, fire detection, or
supervisory services or systems, except to the extent they are at variance
to sections of this chapter, the Texas Insurance Code, Article 5.43-2, or
other state statutes. The standards are published by and are available from
the National Fire Protection Association, Quincy, Massachusetts.
(1)
NFPA
11-1998
[
11-1994
], Standard
for Low-Expansion Foam.
(2)
NFPA 11A-1994, Standard for Medium- and High-Expansion
Foam Systems.
(3)
NFPA
12-1998
[
12-1993
], Standard
on Carbon Dioxide Extinguishing Systems.
(4)
NFPA
12A-1997
[
12A-1992
], Standard
on Halon 1301 Fire Extinguishing Systems.
(5)
NFPA
13-1996
[
13-1994
], Standard
for the Installation of Sprinkler Systems.
(6)
NFPA
13D-1996
[
13D-1994
], Standard
for the Installation of Sprinkler Systems in One- and Two-Family Dwellings
and Manufactured Homes.
(7)
NFPA
13R-1996
[
13R-1994
], Standard
for the Installation of Sprinkler Systems in Residential Occupancies up to
and Including Four Stories in Height.
(8)
NFPA
15-1996
[
15-1990
], Standard
for Water Spray Fixed Systems for Fire Protection.
(9)
NFPA 16-1995, Standard for the Installation of Deluge
Foam-Water Sprinkler and Foam Water Spray Systems.
(10)
NFPA
17-1998
[
17-1994
], Standard
for Dry Chemical Extinguishing Systems.
(11)
NFPA
17A-1998
[
17A-1994
], Standard
for Wet Chemical Extinguishing Systems.
(12)
NFPA
25-1998
[
25-1995
], Standard
for the Inspection, Testing and Maintenance of Water-Based Fire Protection
Systems.
(13)
NFPA
70-1999
[
70-1996
], National
Electrical Code.
(14)
NFPA
72-1996
[
72-1993
], National
Fire Alarm Code.
(15)
NFPA
90A-1996
[
90A-1993
], Standard
for the Installation of Air Conditioning and Ventilating Systems.
(16)
NFPA
101-1997
[
101-1994
], and
later editions, Code for Safety to Life from Fire in Buildings and Structures
(Life Safety Code), or a local jurisdiction may adopt one set of the model
codes listed in subsection (b) of this section in lieu of NFPA 101.
(17)
UL 827
October 1, 1996
[
1989, as
amended through October 14, 1993,
] Standard for Central
Station
Alarm Services.
[
Stations for watchmen, fire alarm, and supervisory
services.
]
(b)
(No change.)
§34.608.Approved Testing Laboratories.
The
commissioner
[
commission
] approves an organization
as an approved testing laboratory which lists equipment and appurtenances
for use in compliance with standards adopted in §34.607 of this title
(relating to Adopted Standards) if the organization meets the requirements
of an approved testing laboratory in accordance with Subchapter D of this
chapter (relating to Testing Laboratory Rules).
§34.609.Approved Testing Organization.
The
commissioner
[
commission
] approves the National
Institute for Certification in Engineering Technologies (NICET) as a testing
standards organization for testing license applicants.
§34.613.Applications.
(a)
Certificates of registration.
(1) - (4)
(No change.)
(5)
Applicants for a certificate of registration who engage
in monitoring must provide the specific business location(s) where monitoring
will take place and the name and license number of the fire alarm licensee(s)
at each business location. In addition, the applicants must provide evidence
of listing or certification as a central station by a testing laboratory approved
by the
commissioner
[
Texas Commission on Fire Protection
]
and a statement that the monitoring service is in compliance with adopted
NFPA 72.
(6)
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) - (c)
(No change.)
§34.614.Fees.
(a)
Every fee required in accordance with the provisions of
the Insurance Code, Article 5.43-2, and the sections of this chapter must
be paid by cash, money order, or check. Money orders and checks must be made
payable to the
Texas Department of Insurance
[
Texas Commission
on Fire Protection
].
(b)
(No change.)
(c)
Fees are as follows:
Figure: 28 TAC §34.614(a)
(d)
(No change.)
(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)
§34.615.Examination.
(a) - (c)
(No change.)
(d)
An applicant may only schedule each type
of examination three times within a twelve-month period.
§34.623.Enforcement.
(a)
The state fire marshal, or his representative, may conduct
investigations of registered firms to determine compliance with the Insurance
Code, Article 5.43-2 and this chapter. An investigation may be initiated on
the written complaint of any party or by the
Texas Department of Insurance
[
Texas Commission on Fire Protection
] on its own motion.
(b)
(No change.)
(c)
The
Texas Department of Insurance
[
Texas
Commission on Fire Protection
], in its discretion, may require correction
of the violations found, or it may initiate agency proceedings seeking appropriate
sanctions pursuant to the Insurance Code, Article 1.10, §7(a) and Article
5.43-2, §10(b).
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
May 3, 1999.
TRD-9902589
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 463-6327