TFM 08 Test Questions & Answers | 158 Questions with 100% Correct Answers | Verified | Latest Update.

TFM 08 Test Questions & Answers | 158 Questions with 100% Correct Answers | Verified | Latest Update. Fire Protection Sprinkler System 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 Fire protection sprinkler system contractor 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 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 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 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. 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. 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. 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. 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, selling, installing, maintaining, or servicing fire protection sprinkler systems in this state Fees (a) The commissioner shall set the fee for: (1) a registration certificate application in an amount not to exceed $100; (2) an initial or renewal registration certificate in an amount not to exceed $1,200 annually; and (3) an initial or renewal responsible managing employee license fee in an amount not to exceed $200 annually. (b) Unless the examination for a responsible managing employee license is administered by a testing service, the commissioner shall set a nonrefundable fee for each examination in an amount not to exceed $100. (c) The commissioner shall set a fee in an amount not to exceed $70 for: (1) a duplicate registration certificate or license issued under this chapter; or (2) any request requiring changes to a registration certificate or license. Deposit in Operating Account All fees collected under this chapter shall be deposited in the state treasury to the credit of the Texas Department of Insurance operating account for use in administering this chapter. Fire Protection Sprinkler System Contractor; Registration Certificate Required (a) Unless the individual or organization holds a registration certificate issued by the department, an individual or organization may not plan, sell, install, maintain, or service a fire protection sprinkler system. (b) An applicant for a registration certificate must apply to the department on a form prescribed by the commissioner. (c) An organization that is a partnership or joint venture is not required to register under the name of the organization if each partner or joint venturer holds a registration certificate. Required Insurance Coverage for Registration Certificate (a) The department may not issue a registration certificate under this chapter unless the applicant files with the department evidence of a general liability insurance policy that includes products and completed operations coverage. The policy must be conditioned to pay on behalf of the insured those amounts that the insured becomes legally obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insured's officer, agent, or employee in the conduct of any activity that requires a registration certificate or license under this chapter. (b) Unless the commissioner, after notice and an opportunity for a hearing, increases or decreases the limits, the limits of insurance coverage required by Subsection (a) must be at least: (1) $100,000 combined single limits for bodily injury and property damage for each occurrence; and (2) $300,000 aggregate for all occurrences for each policy year. (c) The evidence of insurance required by this section must be in the form of a certificate of insurance executed by an insurer authorized to engage in the business of insurance in this state and countersigned by an insurance agent licensed in this state. A certificate of insurance for surplus lines coverage procured in compliance with Chapter 981 through a surplus lines agent that is licensed under Subchapter E, Chapter 981, and resident in this state may be filed with the department as evidence of the coverage required by this section. (d) An insurance certificate executed and filed with the department under this section remains in force until the insurer has terminated future liability by the notice required by the department. (e) Failure to maintain the liability insurance required by this section constitutes grounds for the denial, suspension, or revocation, after notice and opportunity for hearing, of a registration certificate issued under this chapter Responsible Managing Employee: License Required (a) Each fire protection sprinkler system contractor must employ at least one licensed responsible managing employee on a full-time basis. (b) A person may not act as a responsible managing employee unless the person holds a license issued by the department, conditioned on the successful completion of the license examination and compliance with the requirements of the rules adopted under this chapter. (c) Notwithstanding Subsection (a), an individual or organization with a current registration certificate may act as a fire protection sprinkler system contractor for 30 days after the death or dissociation of its licensed responsible managing employee or for a longer period approved by the commissioner under the rules adopted under this chapter. Posting of License or Certificate Required Each registration certificate and license issued under this chapter must be posted in a conspicuous place in the fire protection sprinkler system contractor's place of business. Display of Registration Certificate Number on Certain Documents Required Each bid, proposal, offer, and installation drawing for a fire protection sprinkler system must prominently display the registration certificate number of the fire protection sprinkler system contractor .