COMPLETE QUESTIONS WITH
DETAILED VERIFIED ANSWERS |
ALREADY GRADED A
1. Fire Protection Sprinkler System - ANSWER an assembly of underground
or overhead piping or conduits that conveys water with or without other
agents to dispersal openings or devices to: (A) extinguish, control, or contain
fire; and (B) provide protection from exposure to fire or the products of
2. Fire protection sprinkler system contractor - ANSWER an individual or
organization that offers to undertake, represents itself as being able to
undertake, or undertakes the plan, sale, installation, maintenance, or
servicing of: (A) a fire protection sprinkler system; or (B) any part of a fire
protection sprinkler system
3. Individual - ANSWER a natural person, including an owner, manager,
officer, employee, or occupant.
4. Insurance agent - 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.
5. Installation - ANSWER the initial placement of equipment; or (B) the
extension, modification, or alteration of equipment after initial placement.
,6. License - ANSWER document issued to a responsible managing employee
authorizing the employee to engage in the fire protection sprinkler system
business in this state.
7. Maintenance - ANSWER 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.
8. Organization - ANSWER a corporation, a partnership or other business
association, a governmental entity, or any other legal or commercial entity.
9. Registration certificate - ANSWER the document issued to a fire protection
sprinkler system contractor authorizing the contractor to engage in business
in this state
10.Responsible managing employee - ANSWER 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.
11.Service - ANSWER maintenance, repair, or testing
12.Section 6003.002 Applicability of Chapter -
ANSWER (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
13.Section 6003.003 Effect on Local Regulation -
ANSWER (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.
, 14.Section 6003.051 Administration of Chapter -
ANSWER (a) The department shall administer this chapter. (b) The
commissioner may issue rules necessary to administer this chapter through
the state fire marshal.
15.Section 6003.052 Adoption of Rules -
ANSWER (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.
16.Section 6003.053 Rules Restricting Advertising or Competitive Bidding -
ANSWER (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.
17.Section 6003.054 General Powers and Duties of Commissioner, State Fire
Marshal, and Department -
ANSWER (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