Pass Guaranteed
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