Texas Insurance Code Chapter 6002 Fire Detection and Alarm Device Installation and 28 TAC §§ 34.600 The Fire Alarm Rules Solved 100%

Sec. 6002.001. PURPOSE - ANSWERThe purpose of this chapter is to safeguard lives and property by: (1) regulating the planning, certifying, leasing, selling, servicing, installing, monitoring, and maintaining of fire detection and fire alarm devices and systems; and (2) except as provided by rules adopted under Section 6002.051 or 6002.052, prohibiting fire detection and fire alarm devices, equipment, and systems not labeled or listed by a nationally recognized testing laboratory. Fire alarm device means - ANSWERany device capable, through audible or visible means, of warning that fire or combustion has occurred or is occurring. Fire alarm planning superintendent - ANSWERmeans a licensed individual designated by a registered firm to: (A) plan a fire alarm or detection system that conforms to applicable adopted National Fire Protection Association standards or other adopted standards; and (B) certify that each fire alarm or detection system as planned meets the standards as provided by law. Fire alarm technician - ANSWERmeans a licensed individual designated by a registered firm to: (A) inspect and certify that each fire alarm or detection system as installed meets the standards provided by law; or (B) perform or directly supervise the servicing or maintaining of a previously installed fire alarm device or system and certify that service or maintenance. Fire detection device means - ANSWERany arrangement of materials, the sole function of which is to indicate the existence of fire, smoke, or combustion in its incipient stages. Individual means - ANSWERa natural person, including an owner, manager, officer, employee, occupant, or other individual. Installation means - ANSWER(A) the initial placement of equipment; or (B) the extension, modification, or alteration of equipment already in pl Insurance agent means: - ANSWER(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. Maintenance means - ANSWERthe maintenance of a fire alarm device or a fire detection device in a condition of repair that provides performance as originally designed or intended. Monitoring means - ANSWERthe receipt of fire alarm and supervisory signals or communication of those signals to a fire service communications center in this state or serving property in this state. Organization means - ANSWERa corporation, a government or a governmental subdivision or agency, a business trust, an estate, a trust, a partnership, a firm or association, two or more individuals with a joint or common interest, or any other legal or commercial entity. Registered firm means - ANSWERan individual or organization that holds a registration certificate. Residential fire alarm superintendent means a licensed individual designated by a registered firm to - ANSWER(A)plan a residential single-family or two-family fire alarm or detection system that conforms to applicable adopted National Fire Protection Association standards or other adopted standards; and (B)certify that each fire alarm or detection system as planned meets the standards as provided by law. (12-a) "Residential fire alarm technician" means a licensed individual who is designated by a registered firm to install, service, inspect, and certify residential single-family or two-family fire alarm or detection systems. Sale means - ANSWERthe sale or offer for sale, lease, or rent of any merchandise, equipment, or service at wholesale or retail, to the public or any individual, for an agreed sum of money or other consideration. Service or servicing means - ANSWERinspection, maintenance, repair, or testing of a fire alarm device or a fire detection device. This chapter and the rules adopted under this chapter have A municipality or county may not enact an ordinance or rule inconsistent with this chapter or rules adopted under this chapter. An inconsistent ordinance or rule is void and has no effect. - ANSWERrm force and effect throughout this state. Notwithstanding Subsection (a), a municipality or county may: - ANSWER(1)mandate that a fire alarm or detection system be installed in certain facilities, if the installation conforms to applicable state law; (2)require a better type of alarm or detection system or otherwise safer condition than the minimum required by state law; and (3)require regular inspections by local officials of smoke detectors in dwelling units, as that term is defined by Section 92.251, Property Code, and require the smoke detectors to be operational at the time of inspection. A municipality, county, or other political subdivision of this state may not require, as a condition of engaging in business or performing any activity authorized under this chapter, that a registered firm, a license holder, or an employee of a license holder: - ANSWER(1)obtain a registration, franchise, or license from the political subdivision; (2)pay any fee or franchise tax to the political subdivision; or (3)post a bond. Notwithstanding any other provision of this section or Section 6002.155, a municipality or county may - ANSWERa. require a registered firm to obtain a permit and pay a permit fee for the installation of a fire alarm or fire detection device or system and require that the installation of such a system be in conformance with the building code or other construction requirements of the municipality or county and state law. Notwithstanding Subsection (d), a municipality or county may - ANSWERnot impose qualification or financial responsibility requirements other than proof of a registration certificate. A political subdivision may - ANSWERnot require a registered firm, a license holder, or an employee of a registered firm to maintain a business location or residency within that political subdivision to engage in a business or perform any activity authorized under this chapter. A municipality or county may by ordinance require - ANSWERa registered firm to make a telephone call to a monitored property before the firm notifies the municipality or county of an alarm signal received by the firm from a fire detection device. In this section, "monitoring" means - ANSWERthe receipt of fire alarm or supervisory signals or retransmission or communication of those signals to a fire service communications center that is located in this state or serves property in this state. Except as provided by Subsection (c), a political subdivision may - ANSWERnot offer alarm system sales, service, installation, or monitoring unless the political subdivision has been providing monitoring services within the boundaries of the political subdivision as of September 1, 1999. Any fee charged by the political subdivision under this subsection may not exceed the cost of the monitoring. A political subdivision may: - ANSWER(1)offer service, installation, or monitoring for property owned by the political subdivision or another political subdivision; (2) allow for the response to an alarm or detection device by: (A)a law enforcement agency or fire department; or (B)a law enforcement officer or firefighter acting in an official capacity; or (3)offer monitoring to a financial institution, as defined by Section 59.301, Finance Code, that requests, in writing, that the political subdivision provide monitoring service to the financial institution. (d) Subsection (b) does not apply to a political subdivision: (1)in a county with a population of less than 80,000; or (2)in which monitoring is not otherwise provided or available. (e)This section is not intended to require a political subdivision to hold a license under this chapter The purpose of this subchapter is to administer through the state fire marshal the law set forth in the Insurance Code Chapter 6002 regarding _______________________________fire alarm or fire detection devices and systems in the interest of safeguarding lives and property. - ANSWERinspecting, planning, certifying, leasing, selling, servicing, testing, installing, monitoring, and maintaining The sections of this subchapter shall be known as and may be cited as the Fire Alarm Rules. - ANSWERTEXAS ADMINISTRATIVE CODE TITLE 28. TEXAS DEPARTMENT OF INSURANCE PART 1. TEXAS DEPARTMENT OF INSURANCE CHAPTER 34. STATE FIRE MARSHAL SUBCHAPTER F. FIRE ALARM RULES __________________________ are exempt from license requirements only and will be responsible for ensuring that planning and installation of fire detection or fire alarm devices are performed according to standards adopted in §34.607 of this chapter except when the planning and installation complies with a more recent edition of an adopted standard. - ANSWERProfessionally exempt individuals or organizations Notice by the state fire marshal, as required by the Insurance Code Chapter 6002 or of this subchapter, may be given by _________________________________ as it appears on the records in the State Fire Marshal's Office. - ANSWERpersonal service or mail, postage prepaid, addressed to the person to be notified at the last known address of the person's residence or business Approval - ANSWERThe document issued by the State Fire Marshal's Office to an individual or entity acknowledging that the individual or entity meets the requirements to perform the functions of an approved instructor or approved training school under this subchapter and the Insurance Code Chapter 6002. Business - ANSWERInspecting, planning, certifying, leasing, selling, servicing, testing, installing, monitoring, or maintaining of fire alarm or fire detection devices and systems. Certificate - ANSWERThe certificate of registration issued by the state fire marshal. Certify - ANSWERTo 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. Commissioner - ANSWERThe commissioner of insurance Department - ANSWERThe Texas Department of Insurance. Designated employee - ANSWERAn individual specified by a registered firm as a full-time employee and a licensee under this subchapter. Direct supervision - ANSWERThe 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. Firm - ANSWERAn individual or an organization, as defined in the Insurance Code §6002.002. Full-time - ANSWERThe 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 - ANSWERAn employee is considered to work on a full-time basis if the employee works per week at least the average number of hours worked per week by all other employees of the firm. Instructor - ANSWERAn individual approved under the Insurance Code Chapter 6002 and this subchapter to provide training in installing, servicing, inspecting, and certifying fire alarm or detection systems in single-family or two-family residences. Local authority having jurisdiction - ANSWERA fire chief, fire marshal, or other designated official having statutory authority. Monitoring equipment - ANSWEREquipment 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 Chapter 6002. Plan - ANSWERTo 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. Primary registered firm - ANSWERThe registered fire alarm company with the responsibility for the fire alarm system certification. Repair - ANSWERTo restore to proper operating condition Test - ANSWERThe 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. Training school - ANSWERAn entity that is approved under the Insurance Code Chapter 6002 and this subchapter to provide approved training in installing, certifying, inspecting, and servicing fire alarm or detection systems in single-family or two-family residences by approved instructors for the purpose of