TFM-08 Exam Questions and Answers |
Comprehensive Study with Detailed
Explanations | Grade A+
• Individual -✓✓a natural person, including an owner, manager, officer, employee,
or occupant.
• Insurance agent -✓✓(A) an individual, firm, or corporation licensed under: (i)
Subchapter E, Chapter 981; or (ii) Subchapter A, B, C, D, E, or G, Chapter 4051;
or (B) an individual authorized to represent an insurance fund or pool created by a
municipality, county, or other political subdivision of this state under Chapter 791,
Government Code.
• Installation -✓✓the initial placement of equipment; or (B) the extension,
modification, or alteration of equipment after initial placement.
• License -✓✓document issued to a responsible managing employee authorizing
the employee to engage in the fire protection sprinkler system business in this
state.
• Maintenance -✓✓the maintenance of a fire protection sprinkler system or any
part of a fire protection sprinkler system in the condition of repair that provides
performance as originally planned.
• Organization -✓✓a corporation, a partnership or other business association, a
governmental entity, or any other legal or commercial entity.
• Registration certificate -✓✓the document issued to a fire protection sprinkler
system contractor authorizing the contractor to engage in business in this state
• Responsible managing employee -✓✓an individual designated by a company that
plans, sells, installs, maintains, or services fire protection sprinkler systems to
ensure that each fire protection sprinkler system, as installed, maintained, or
serviced, meets the standards for the system as provided by law.
• Service -✓✓maintenance, repair, or testing
,• Section 6003.002 Applicability of Chapter -✓✓(a) This chapter does not apply to:
(1) an employee of the United States, this state, or any political subdivision of this
state who acts as a fire protection sprinkler system contractor for the employing
governmental entity; (2) the plan, sale, installation, maintenance, or servicing of a
fire protection sprinkler system in any property owned by the United States or this
state; (3) an individual or organization acting under court order as authorization;
(4) an individual or organization that sells or supplies products or materials to a
registered fire protection sprinkler system contractor; (5) an installation,
maintenance, or service project for which the total contract price for labor,
materials, and all other services is less than $100, if: (A) the project is not a part of
a complete or more costly project, whether the complete project is to be undertaken
by one or more fire protection sprinkler system contractors; or (B) the project is
not divided into contracts of less than $100 for the purpose of evading this chapter;
(6) an engineer licensed under Chapter 1001, Occupations Code, acting solely in
the engineer's professional capacity; (7) a regular employee of a registered fire
protection sprinkler system contractor; or (8) an owner or lessee of property that:
(A) installs a fire protection sprinkler system on the owned or leased property for
the owner's or lessee's own use or for family members' use; and (B) does not offer
the property for sale or lease before the first anniversary of the date of installation
of the fire protection sprinkler system. (b) This chapter does not authorize an
individual or organization to practice professional engineering other than in
compliance with Chapter 1001, Occupations Code
• Section 6003.003 Effect on Local Regulation -✓✓(a) This chapter and the rules
adopted under this chapter have uniform force and effect throughout this state. A
municipality or county may not enact an order, ordinance, or rule requiring a fire
protection sprinkler system contractor to obtain a registration certificate from the
municipality or county. A municipality or county may not impose on a fire
protection sprinkler system contractor qualification or financial responsibility
requirements other than proof of a registration certificate. (b) Notwithstanding any
other provision of this chapter, a municipality or county may require a fire
protection sprinkler system contractor to obtain a permit and pay a permit fee for
the installation of a fire protection sprinkler system and require the installation of a
fire protection sprinkler system to conform to the building code or other
construction requirements of the municipality or county. (c) A municipal or county
order, ordinance, or rule in effect on September 1, 1983, is not invalidated because
of any provision of this chapter.
, • Section 6003.051 Administration of Chapter -✓✓(a) The department shall
administer this chapter. (b) The commissioner may issue rules necessary to
administer this chapter through the state fire marshal.
• Section 6003.052 Adoption of Rules -✓✓(a) In adopting necessary rules, the
commissioner may use recognized standards, including standards: (1) adopted by
federal law or regulation; (2) published by a nationally recognized standards-
making organization; or (3) developed by individual manufacturers. (b) Under
rules adopted under Section 6003.051(b), the department may create a specialized
licensing or registration program for fire protection sprinkler system contractors.
• Section 6003.053 Rules Restricting Advertising or Competitive Bidding -✓✓(a)
The commissioner may not adopt rules restricting advertising or competitive
bidding by the holder of a license or registration certificate issued under this
chapter except to prohibit false, misleading, or deceptive practices. (b) In the
commissioner's rules to prohibit false, misleading, or deceptive practices, the
commissioner may not include a rule that: (1) restricts the use of any medium for
advertising; (2) restricts the use of a license or registration certificate holder's
personal appearance or voice in an advertisement; (3) relates to the size or duration
of an advertisement by the license or registration certificate holder; or (4) restricts
the license or registration certificate holder's advertisement under a trade name.
• Section 6003.054 General Powers and Duties of Commissioner, State Fire
Marshal, and Department -✓✓(a) The commissioner may delegate authority to
exercise all or part of the commissioner's functions, powers, and duties under this
chapter, including the issuance of licenses and registration certificates, to the state
fire marshal. The state fire marshal shall implement the rules adopted by the
commissioner for the protection and preservation of life and property in
controlling: (1) the registration of an individual or an organization engaged in the
business of planning, selling, installing, maintaining, or servicing fire protection
sprinkler systems; and (2) the requirements for the plan, sale, installation,
maintenance, or servicing of fire protection sprinkler systems by: (A) determining
the criteria and qualifications for registration certificate and license holders; (B)
evaluating the qualifications of an applicant for a registration certificate to engage
in the business of planning, selling, installing, maintaining, or servicing fire
protection sprinkler systems; (C) conducting examinations and evaluating the
qualifications of a license applicant; and (D) issuing registration certificates and
licenses to qualified applicants. (b) The commissioner shall establish a procedure
for reporting and processing complaints relating to the business of planning,
Comprehensive Study with Detailed
Explanations | Grade A+
• Individual -✓✓a natural person, including an owner, manager, officer, employee,
or occupant.
• Insurance agent -✓✓(A) an individual, firm, or corporation licensed under: (i)
Subchapter E, Chapter 981; or (ii) Subchapter A, B, C, D, E, or G, Chapter 4051;
or (B) an individual authorized to represent an insurance fund or pool created by a
municipality, county, or other political subdivision of this state under Chapter 791,
Government Code.
• Installation -✓✓the initial placement of equipment; or (B) the extension,
modification, or alteration of equipment after initial placement.
• License -✓✓document issued to a responsible managing employee authorizing
the employee to engage in the fire protection sprinkler system business in this
state.
• Maintenance -✓✓the maintenance of a fire protection sprinkler system or any
part of a fire protection sprinkler system in the condition of repair that provides
performance as originally planned.
• Organization -✓✓a corporation, a partnership or other business association, a
governmental entity, or any other legal or commercial entity.
• Registration certificate -✓✓the document issued to a fire protection sprinkler
system contractor authorizing the contractor to engage in business in this state
• Responsible managing employee -✓✓an individual designated by a company that
plans, sells, installs, maintains, or services fire protection sprinkler systems to
ensure that each fire protection sprinkler system, as installed, maintained, or
serviced, meets the standards for the system as provided by law.
• Service -✓✓maintenance, repair, or testing
,• Section 6003.002 Applicability of Chapter -✓✓(a) This chapter does not apply to:
(1) an employee of the United States, this state, or any political subdivision of this
state who acts as a fire protection sprinkler system contractor for the employing
governmental entity; (2) the plan, sale, installation, maintenance, or servicing of a
fire protection sprinkler system in any property owned by the United States or this
state; (3) an individual or organization acting under court order as authorization;
(4) an individual or organization that sells or supplies products or materials to a
registered fire protection sprinkler system contractor; (5) an installation,
maintenance, or service project for which the total contract price for labor,
materials, and all other services is less than $100, if: (A) the project is not a part of
a complete or more costly project, whether the complete project is to be undertaken
by one or more fire protection sprinkler system contractors; or (B) the project is
not divided into contracts of less than $100 for the purpose of evading this chapter;
(6) an engineer licensed under Chapter 1001, Occupations Code, acting solely in
the engineer's professional capacity; (7) a regular employee of a registered fire
protection sprinkler system contractor; or (8) an owner or lessee of property that:
(A) installs a fire protection sprinkler system on the owned or leased property for
the owner's or lessee's own use or for family members' use; and (B) does not offer
the property for sale or lease before the first anniversary of the date of installation
of the fire protection sprinkler system. (b) This chapter does not authorize an
individual or organization to practice professional engineering other than in
compliance with Chapter 1001, Occupations Code
• Section 6003.003 Effect on Local Regulation -✓✓(a) This chapter and the rules
adopted under this chapter have uniform force and effect throughout this state. A
municipality or county may not enact an order, ordinance, or rule requiring a fire
protection sprinkler system contractor to obtain a registration certificate from the
municipality or county. A municipality or county may not impose on a fire
protection sprinkler system contractor qualification or financial responsibility
requirements other than proof of a registration certificate. (b) Notwithstanding any
other provision of this chapter, a municipality or county may require a fire
protection sprinkler system contractor to obtain a permit and pay a permit fee for
the installation of a fire protection sprinkler system and require the installation of a
fire protection sprinkler system to conform to the building code or other
construction requirements of the municipality or county. (c) A municipal or county
order, ordinance, or rule in effect on September 1, 1983, is not invalidated because
of any provision of this chapter.
, • Section 6003.051 Administration of Chapter -✓✓(a) The department shall
administer this chapter. (b) The commissioner may issue rules necessary to
administer this chapter through the state fire marshal.
• Section 6003.052 Adoption of Rules -✓✓(a) In adopting necessary rules, the
commissioner may use recognized standards, including standards: (1) adopted by
federal law or regulation; (2) published by a nationally recognized standards-
making organization; or (3) developed by individual manufacturers. (b) Under
rules adopted under Section 6003.051(b), the department may create a specialized
licensing or registration program for fire protection sprinkler system contractors.
• Section 6003.053 Rules Restricting Advertising or Competitive Bidding -✓✓(a)
The commissioner may not adopt rules restricting advertising or competitive
bidding by the holder of a license or registration certificate issued under this
chapter except to prohibit false, misleading, or deceptive practices. (b) In the
commissioner's rules to prohibit false, misleading, or deceptive practices, the
commissioner may not include a rule that: (1) restricts the use of any medium for
advertising; (2) restricts the use of a license or registration certificate holder's
personal appearance or voice in an advertisement; (3) relates to the size or duration
of an advertisement by the license or registration certificate holder; or (4) restricts
the license or registration certificate holder's advertisement under a trade name.
• Section 6003.054 General Powers and Duties of Commissioner, State Fire
Marshal, and Department -✓✓(a) The commissioner may delegate authority to
exercise all or part of the commissioner's functions, powers, and duties under this
chapter, including the issuance of licenses and registration certificates, to the state
fire marshal. The state fire marshal shall implement the rules adopted by the
commissioner for the protection and preservation of life and property in
controlling: (1) the registration of an individual or an organization engaged in the
business of planning, selling, installing, maintaining, or servicing fire protection
sprinkler systems; and (2) the requirements for the plan, sale, installation,
maintenance, or servicing of fire protection sprinkler systems by: (A) determining
the criteria and qualifications for registration certificate and license holders; (B)
evaluating the qualifications of an applicant for a registration certificate to engage
in the business of planning, selling, installing, maintaining, or servicing fire
protection sprinkler systems; (C) conducting examinations and evaluating the
qualifications of a license applicant; and (D) issuing registration certificates and
licenses to qualified applicants. (b) The commissioner shall establish a procedure
for reporting and processing complaints relating to the business of planning,
