ANSWERS GRADED A+
✔✔Prohibited Practices - ✔✔An individual or organization may not: (1) obtain or attempt
to obtain a registration certificate or license by fraudulent representation; or (2) plan,
sell, install, maintain, or service a fire protection sprinkler system in violation of this
chapter or the rules adopted under this chapter.
✔✔Disciplinary Actions - ✔✔The state fire marshal may suspend, revoke, or refuse to
issue or renew a registration certificate or license if, after notice and hearing, the state
fire marshal finds that the applicant, registrant, or license holder has engaged in acts
that: (1) violate this chapter; (2) violate rules or standards adopted under this chapter; or
(3) constitute misrepresentation made in connection with: (A) the sale of products; or (B)
services rendered.
✔✔Disciplinary Hearing - ✔✔(a) If the state fire marshal proposes to suspend, revoke,
or refuse to renew a license or registration certificate issued under this chapter, the
holder of the license or certificate is entitled to a hearing conducted by the State Office
of Administrative Hearings. (b) Rules of practice adopted by the commissioner
applicable to the proceedings for a disciplinary action may not conflict with rules
adopted by the State Office of Administrative Hearings.
✔✔Applicability of Administrative Procedure Act - ✔✔Proceedings for the denial,
suspension, or revocation of a registration certificate or license, appeals from those
proceedings, and any other proceedings for a disciplinary action are governed by
Chapter 2001, Government Code.
✔✔Reapplication Requirements - ✔✔(a) An applicant or holder of a registration
certificate or license whose certificate or license has been denied, refused, or revoked
under this chapter, other than for failure to pass a required written examination, may not
file another application for a registration certificate or license before: (1) the first
anniversary of the effective date of the denial, refusal, or revocation; or (2) if judicial
review of the denial, refusal, or revocation is sought, before the first anniversary of the
date of the final court order or decree affirming the action. (b) The commissioner may
deny an application described by Subsection (a) unless the applicant shows good cause
why the denial, refusal, or revocation of the registration certificate or license should not
be considered a bar to the issuance of a new registration certificate or license.
✔✔Criminal Penalty - ✔✔(a) A person commits an offense if the person knowingly
violates Section 6003.151(a), 6003.153, or 6003.251. (b) An offense under this section
is a Class B misdemeanor. (c) Venue for an offense under this section is in Travis
County or the county in which the offense is committed.
✔✔Purpose - ✔✔The purpose of this subchapter is to regulate persons engaged in the
business of planning, selling, installing, maintaining, or servicing fire protection sprinkler
,systems in the interest of safeguarding lives and property pursuant to Insurance Code
Chapter 6003
✔✔Title - ✔✔The sections of this subchapter shall be known and may be cited as the
sprinkler rules and shall be administered by and through the state fire marshal.
✔✔Applicability of Subchapter - ✔✔This subchapter shall apply to all firms and persons
engaged in the business of planning, selling, installing, maintaining, or servicing fire
protection sprinkler systems, and not to the general public.
✔✔Exceptions - ✔✔The exceptions of Insurance Code §6003.002 are applicable to the
sections of this subchapter.
✔✔Notices - ✔✔Notice by the state fire marshal as required by any provision of statute
or of this subchapter may be given by personal service or mail, postage prepaid,
addressed to the person to be notified at his last known address of residence or
business as it appears on the records in the Office of the State Fire Marshal.
✔✔Definitions - ✔✔The following words and terms, when used in this subchapter, have
the following meanings, unless the context clearly indicates otherwise.
✔✔Business - ✔✔Planning, selling, installing, maintaining, or servicing fire protection
sprinkler systems.
✔✔Certificate - ✔✔The certificate of registration issued by the state fire marshal.
✔✔Certify - ✔✔To attest to the proper planning, installing, maintaining, or servicing of
fire protection sprinkler systems by executing a contractor's material and test certificate
or other form required by a governmental authority or by attaching a completed service
tag.
✔✔Department - ✔✔The Texas Department of Insurance.
✔✔Emergency impairment - ✔✔A condition where a water-based fire protection system
or portion thereof is out of order due to an unexpected occurrence, such as ruptured
pipe, an operated sprinkler, or an interruption of the water supply to the system.
✔✔Employee - ✔✔An individual that who performs tasks assigned by the employer.
The employee's pay is subject to the deduction of social security and federal income
tax. The employee may be full time, part time, or seasonal. For the purposes of this
section, employees of a registered firm who are paid through a staff leasing company
are considered to be employees of the registered firm.
✔✔Firm - ✔✔A person or organization as defined in this section
, ✔✔Full-time - ✔✔The number of hours that represents the regular, normal, or standard
amount of time per week each employee of the firm devotes to work-related activities.
✔✔Full-time employment basis - ✔✔An employee is considered to work on a fulltime
basis if the employee works per week at least the average number of hours worked per
week by all other employees of the firm.
✔✔Inspection - ✔✔A visual examination of a system or portion thereof to verify that it
appears to be in operating condition and is free of physical damage.
✔✔Inspection, testing, and maintenance service - ✔✔A service program provided by a
qualified contractor in which all components unique to the property's systems are
inspected and tested at the required times and necessary maintenance is provided
and/or recommended. This program includes logging and retention of relevant records
✔✔NFPA - ✔✔National Fire Protection Association, a nationally recognized standards-
making organization.
✔✔NICET - ✔✔National Institute for the Certification in Engineering Technologies.
✔✔Outsource testing service - ✔✔The testing service selected by the state fire marshal
to administer certain designated qualifying tests for licenses under this subchapter.
✔✔Person - ✔✔A natural person
✔✔Plan - ✔✔To lay out, detail, draw, calculate, devise, or arrange an assembly of
underground and overhead piping and appurtenances in accordance with either
adopted fire protection standards or specifications especially designed by an engineer.
✔✔Registered firm - ✔✔A person or organization holding a current certificate of
registration.
✔✔Repair - ✔✔Any work performed after initial installation on fire protection sprinkler
systems, not including inspecting or testing.
✔✔Responsible managing employee - ✔✔A responsible managing employee, as
defined in Insurance Code §6003.001(10), and also referenced within this subchapter
as an RME.
✔✔Adopted Standards - ✔✔(a) The commissioner adopts by reference in their entirety
the following copyrighted standards and recommended practices published by and
available from the National Fire Protection Association, Inc. (NFPA), Batterymarch Park,
Quincy, Massachusetts 02269. A copy of the standards will be available for public
inspection in the State Fire Marshal's Office