Texas Administrative Code - Fire Alarm Rules
Chapter 34 The Texas Administrative Code - Fire Alarm Rules
§34.601- The purpose of this subchapter is to administer through the state fire marshal the law set forth in the Insurance Code Chapter 6002 regarding inspecting, planning, certifying, leasing, selling, servicing, testing, installing, monitoring, and maintaining fire alarm or fire detection devices and systems in the interest of safeguarding lives and property.
§34.602 - The sections of this subchapter shall be known as and may be cited as the Fire Alarm Rules.
§34.603 - The sections of this subchapter shall apply to persons and organizations engaged in the business of inspecting, planning, certifying, leasing, selling, servicing, testing, installing, monitoring, and maintaining fire alarm or fire detection devices and systems, and not to the general public.
§34.604 - The exceptions of Insurance Code §6002.155 are applicable to the sections of this subchapter. Professionally exempt individuals or organizations 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.
§34.605 - Notice by the state fire marshal, as required by the Insurance Code Chapter 6002 or of this subchapter, may be given by personal service or mail, postage prepaid, addressed to the person to be notified at the last known address of the person's residence or business as it appears on the records in the State Fire Marshal's Office.
§34.606 - The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Approval--The 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.
(2) Business--Inspecting, planning, certifying, leasing, selling, servicing, testing, installing, monitoring, or maintaining of fire alarm or fire detection devices and systems.
(3) Certificate--The certificate of registration issued by the state fire marshal.
(4) Certify--To 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.
(5) Commissioner--The commissioner of insurance.
(6) Department--The Texas Department of Insurance.
(7) Designated employee--An individual specified by a registered firm as a full-time employee and a licensee under this subchapter.
(8) Direct supervision--The 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..
(9) Firm--An individual or an organization, as defined in the Insurance Code §6002.002.
(10) 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.
(11) Full-time employment--An 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.
(12) Instructor--An 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.
(13) Local authority having jurisdiction--A fire chief, fire marshal, or other designated official having statutory authority.
(14) Monitoring equipment--Equipment 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.
(15) NFPA--National Fire Protection Association, a nationally recognized standards-making organization.
(16) NICET--National Institute for Certification in Engineering Technologies.
(17) Outsource testing service--The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter.
(18) Plan--To 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.
(19) Primary registered firm--The registered fire alarm company with the responsibility for the fire alarm system certification.
(20) Repair--To restore to proper operating condition.
(21) Test--The 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.
(22) Training school--An 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 meeting the training requirements of an applicant for a residential fire alarm technician license issued under the applicable statutes and this subchapter
§34.607 - (a) The Commissioner adopts by reference those sections of the following copyrighted minimum standards, recommendations, and appendices concerning fire alarm, fire detection, or supervisory services or systems, except to the extent they are at variance with sections of this subchapter, Insurance Code Chapter 6002, or other state statutes. The standards are published by and are available from the National Fire Protection Association Inc. (NFPA) on the NFPA website at www.nfpa.org.
(1) NFPA 11-2016, Standard for Low-, Medium-, and High-Expansion Foam.
(2) NFPA 12-2018, Standard on Carbon Dioxide Extinguishing Systems.
(3) NFPA 12A-2018, Standard on Halon 1301 Fire Extinguishing Systems.
(4) NFPA 13-2019, Standard for the Installation of Sprinkler Systems.
(5) NFPA 13D-2019, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes.
(6) NFPA 13R-2019, Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies.
(7) NFPA 15-2017, Standard for Water Spray Fixed Systems for Fire Protection.
(8) NFPA 16-2019, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems.
(9) NFPA 17-2021, Standard for Dry Chemical Extinguishing Systems.
(10) NFPA 17A-2021, Standard for Wet Chemical Extinguishing Systems.
(11) NFPA 25-2020, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.
(12) NFPA 70-2020, National Electrical Code.
(13) NFPA 72-2019, National Fire Alarm Code.
(14) NFPA 90A-2021, Standard for the Installation of Air Conditioning and Ventilating Systems.
(15) NFPA 101-2021, Life Safety Code, or a local jurisdiction may adopt one set of the model codes listed in subsection (b) of this section instead of NFPA 101.
(16) UL 827 December 3, 2021, Standard for Central Station Alarm Services.
(17) NFPA 2001-2018, Standard on Clean Agent Fire Extinguisher Systems.
(b) The acceptable alternative model code sets are:
(1) the International Building Code®-2003 or later editions, and the International Fire Code-2003 or later editions; or
(2) the International Residential Code® for One- and Two-Family Dwellings-2003 or later editions.
§34.608 - The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in §34.607 of this title (relating to Adopted Standards) if the organization meets the requirements of an approved testing laboratory in accordance with Subchapter D of this chapter (relating to Testing Laboratory Rules)
§34.609 - The commissioner approves the following testing organizations as a testing standards organization for testing license applicants:
(1) National Institute for Certification in Engineering Technologies (NICET); and
(2) Electronic Security Association (ESA).
§34.610 - (a) Business location. A specific business location must be maintained by each registered firm. The location must be indicated on the certificate. The business location must be a physical address, not a mailing address or P.O. Box.
(b) Designated Employee. Each registered firm must specify one full-time employee holding a license under this subchapter as the firm's designated employee on its Fire Alarm Certificate of Registration Application, Form No. SF031, and on its Renewal Application for Fire Alarm Certificate of Registration, Form No. SF084. Any change in the designated employee under this section must be submitted in writing to the State Fire Marshal's Office within 14 days of the change occurrence. An individual may not serve as a designated employee for more than one registered firm.
(c) Business vehicles. All vehicles regularly used in installation, service, maintenance, testing, or certification activities must prominently display the company name, telephone number, and certificate number. The numbers and letters must be at least one inch high and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle. The certificate of registration number must be designated in the following format: TX ACR-number.
(d) Change of ownership.
(1) The total change of a firm's ownership invalidates the current certificate. To ensure continuance of the business, a complete application for a new certificate must be submitted to the state fire marshal at least 14 days before the change.
(2) A partial change in a firm's ownership requires a revised certificate if it affects the firm's name, location, or mailing address.
(e) Change of corporate officers. Any change of corporate officers must be reported in writing to the state fire marshal within 14 days. This change does not require a revised certificate.
(f) Branch Office Initial Certificate of Registration Fees and Expiration Dates. The initial fee for a branch office certificate of registration is $150 and is not prorated. Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firm's main office.
(g) Duplicate certificates. A duplicate certificate must be obtained from the state fire marshal to replace a lost or destroyed certificate. The certificate holder must submit written notification of the loss or destruction without delay, accompanied by the required fee.
(h) Revised certificates. The change of a firm's name, location, or mailing address requires a revised certificate. Within 14 days after the change requiring the revision, the certificate holder must submit written notification of the necessary change accompanied by the required fee.
(i) Initial Alignment of the Expiration and Renewal Dates of Existing Branches. For branch offices in existence as of the effective date of this rule, branch office certificates of registration must expire and renew on the same date as the certificate of registration issued to the main office for that firm. All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration must prorate accordingly.
§34.611 - (a) Types of licenses and approvals. The following licenses and approvals are issued by the State Fire Marshal's Office according to Insurance Code Chapter 6002 and this subchapter. As required by Insurance Code Chapter 6002, an individual or entity must be licensed or approved to lawfully perform the functions for which the license or approval is issued.
(1) Fire alarm technician license--For installing, inspecting, servicing, testing, maintaining, monitoring, and certifying fire alarm or fire detection devices and systems.
(2) Fire alarm monitoring technician license--For the monitoring of fire alarm or fire detection devices and systems.
(3) Instructor approval--For providing training at an approved training school in installing, certifying, inspecting, and servicing fire alarm or detection systems in single-family or two-family residences.
(4) Residential fire alarm superintendent single station license--For planning, installing, certifying, inspecting, testing, servicing, and maintaining single station smoke or heat detectors which are not a part of or connected to any other detection device or system in single-family or two-family residences.
(5) Residential fire alarm superintendent license--For planning, installing, certifying, inspecting, testing, servicing, monitoring, and maintaining fire alarm or fire detection devices and systems in single-family or two-family residences. A residential fire alarm superintendent may act as a fire alarm technician.
(6) Fire alarm planning superintendent license--For planning, installing, certifying, inspecting, testing, servicing, monitoring, and maintaining fire alarm or fire detection devices.
(7) Residential fire alarm technician license--For installing, certifying, inspecting, and servicing, but not planning, fire alarm or fire detection devices and systems in single-family or two-family residences.
(8) Training school approval--For conducting required training necessary for obtaining a residential fire alarm technician license.
(b) Proof of license and approval.
(1) A licensee must be able to show proof of licensure while engaged in the activities of the business.
(2) An instructor must carry the instructor's approval while providing training in an approved training school on the installing, certifying, inspecting, and servicing of fire alarm or detection systems in single-family or two-family residences.
(c) Duplicate license. A duplicate license must be obtained from the state fire marshal to replace a lost or destroyed license. The license holder or registered firm must submit written notification of the loss or destruction without delay, accompanied by the required fee.
(d) Licensee responsibilities relating to revised licenses. A change in the licensee's name, the licensee's mailing address, or a new or additional registered firm employing the licensee requires a revised license. Within 14 days after the change requiring the revision, the license holder must submit written notification of the necessary change accompanied by the required fee.
(e) Registered firms' responsibilities relating to licensees. A registered firm must submit notification of any licensee employment, termination, or resignation within 14 days of its occurrence.
(f) Restrictions on licensees and registered firms.
(1) A licensee must not engage in any act of the business unless employed by or as an agent of a registered firm and holding an unexpired license.
(2) Each person who engages in the activities of the business must have the appropriate license issued by the state fire marshal unless excepted from the licensing provisions by Insurance Code §6002.155.
(g) Restrictions on approval holders. Approvals are not transferable.
(h) Responsibilities relating to revised approvals. A change in an instructor's name or mailing address requires a revised approval. The change in the mailing address of a fire alarm training school requires a revised approval. Within 14 days after the change requiring the revision, the approval holder must submit written notification of the necessary change, accompanied by the required fee.
§34.612 - The alteration of certificates, licenses, or approvals renders them invalid and is the basis for administrative action pursuant to the Insurance Code §6002.302
§34.613 - (a) Approvals and certificates of registration.
(1) Applications for approvals, certificates, and branch office certificates must be submitted on the forms adopted by reference in §34.630 of this title (relating to Application and Renewal Forms) and be accompanied by all fees, documents, and information required by Insurance Code Chapter 6002, concerning Fire Detection and Alarm Device Installation, and this subchapter. An application will not be deemed complete until all required forms, fees, and documents have been received in the State Fire Marshal's Office.
(2) Applications must be signed by the sole proprietor, or by each partner of a partnership, or by an officer of a corporation. For applicants using an assumed name, the application must also be accompanied by evidence of compliance with the Assumed Business or Professional Name Act, Texas Business and Commerce Code Chapter 71. The application must also include written authorization by the applicant permitting the state fire marshal or the state fire marshal's representative to enter, examine, and inspect any premises, building, room, or establishment used by the applicant while engaged in the business to determine compliance with the provisions of Insurance Code Chapter 6002 and this subchapter.
(3) For corporations, the application must also include the name of each shareholder owning more than 25% of the shares issued by the corporation; the corporate taxpayer identification number; the charter number; a copy of the corporate charter of a Texas corporation or, in the case of a foreign corporation, a copy of the Texas certificate of authority to do business; and a copy of the corporation's current franchise tax certificate from the State Comptroller's Office showing it is in active status.
(4) A registered firm must employ at least one full-time licensed individual at each location of a main or branch office.
(5) Insurance is required as follows:
(A) The state fire marshal will not issue a certificate of registration under this subchapter unless the applicant files with the State Fire Marshal's Office evidence of an acceptable general liability insurance policy.
(B) Each registered firm must maintain in force and on file in the State Fire Marshal's Office a certificate of insurance identifying the insured and the exact nature of the business insured. In identifying the named insured, the certificate of insurance must include either an assumed name or the name of the corporation; partners, if any; or sole proprietor, if applicable.
(6) A firm billing a customer for monitoring is engaged in the business of monitoring and must comply with the insurance requirements of this subchapter for a monitoring firm.
(7) Applicants for a certificate of registration who engage in monitoring must provide the specific business locations where monitoring will take place and the name and license number of the fire alarm licensees at each business location. A fire alarm licensee may not serve in this capacity for a registered firm other than the firm applying for a certificate of registration. In addition, the applicants must provide evidence of listing or certification as a central station by a testing laboratory approved by the commissioner and a statement that the monitoring service complies with NFPA 72, as adopted in §34.607 of this title (relating to Adopted Standards).
(8) Applicants for a certificate of registration--single station must provide a statement, signed by the sole proprietor, a partner of a partnership, or by an officer of the corporation, indicating that the firm exclusively engages in the business of planning, certifying, leasing, selling, servicing, installing, monitoring, or maintaining single station devices.
(b) Fire alarm licenses.
(1) To be complete, applications for a license from an employee or agent of a registered firm must be submitted on forms provided by the state fire marshal and be accompanied by all fees, documents, a criminal history report from the Texas Department of Public Safety, and information required by Insurance Code Chapter 6002 and this subchapter. Applications must be signed by the applicant and by a person authorized to sign on behalf of the registered firm. All applicants for any type of license must successfully complete a qualifying test as required in Insurance Code Chapter 6002 and this subchapter as designated by the State Fire Marshal's Office. The qualifying test, given as part of the training for residential fire alarm technician license, must include questions regarding Insurance Code Chapter 6002 and this subchapter. For a natural person to be eligible for any fire alarm license, the natural person must start the application or registration process by submitting a formal request for a fingerprint service code by completing the fingerprinting process information required on the department's website at www.tdi.texas.gov/fire/fingerprinting-process.html. The requesting natural person must submit information necessary to complete the fingerprint service code request, including the natural person's name, natural person's state of residence, natural person's email address, and license type the natural person is applying for.
(2) Applicants for fire alarm technician licenses must:
(A) furnish notification from the National Institute for Certification in Engineering Technologies (NICET) or the Electronic Security Association (ESA), confirming the applicant's successful completion of the test requirements in work elements pertaining to fire alarm systems, as determined by the state fire marshal; or
(B) successfully complete a technical qualifying test as designated by the State Fire Marshal's Office.
(3) Applicants for a fire alarm monitoring technician license must successfully complete a technical qualifying test as designated by the State Fire Marshal's Office, or provide evidence of current registration in Texas as a registered engineer.
(4) Applicants for a residential fire alarm superintendent (single station) license must successfully complete a technical qualifying test as designated by the State Fire Marshal's Office.
(5) Applicants for a residential fire alarm superintendent license must:
(A) furnish notification from NICET or ESA confirming the applicant's successful completion of the test requirements in work elements pertaining to fire alarm systems, as determined by the state fire marshal; or
(B) successfully complete a technical qualifying test as designated by the State Fire Marshal's Office.
(6) Applications for a fire alarm planning superintendent license must be accompanied by one of the following documents as evidence of technical qualifications for a license:
(A) proof of registration in Texas as a professional engineer; or
(B) a copy of NICET's or ESA's notification letter confirming the applicant's successful completion of the test requirements for NICET or ESA certification at Level III for fire alarm systems.
(7) An applicant for a residential fire alarm technician license must provide evidence of the applicant's successful completion of the required residential fire alarm technician training course from a training school approved by the State Fire Marshal's Office.
(c) Instructor and training school approvals.
(1) Instructor approvals. An applicant for approval as an instructor must:
(A) hold a current fire alarm planning superintendent license, residential fire alarm superintendent license, or fire alarm technician license issued by the State Fire Marshal's Office;
(B) submit a completed Instructor Approval Application, Form No. SF247, signed by the applicant, that is accompanied by all fees; and
(C) furnish written documentation of a minimum of three years of experience in fire alarm installation, service, or monitoring of fire alarm systems unless the applicant has held a fire alarm planning superintendent license, residential fire alarm superintendent license, or fire alarm technician license for three or more years.
(2) Training school approvals.
(A) An applicant for approval of a training school must submit a completed Training School Approval Application, Form No. SF 246, to the State Fire Marshal's Office. To be complete, the application must be:
(i) signed by the applicant, the sole proprietor, by each partner of a partnership, or by an officer of a corporation or organization as applicable;
(ii) accompanied by a detailed outline of the proposed subjects to be taught at the training school and the number and location of all training courses to be held within one year following approval of the application; and (iii) accompanied by all required fees.
(B) After review of the application for approval for a training school, the state fire marshal will approve or deny the application within 60 days following receipt of the materials. A letter of denial will state the specific reasons for the denial. An applicant that is denied approval may reapply at any time by submitting a completed application that includes the changes necessary to address the specific reasons for denial.
(d) Renewal applications.
(1) In order to be complete, renewal applications for certificates, licenses, instructor approvals, and training school approvals must be submitted on the forms adopted by reference in §34.630 of this title and be accompanied by all fees, documents, a criminal history report from the Texas Department of Public Safety, and information required by Insurance Code Chapter 6002 and this subchapter. A complete renewal application deposited with the United States Postal Service is deemed to be timely filed, regardless of actual date of delivery, when its envelope bears a postmark date that is before the expiration of the certificate or license being renewed.
(2) A licensee with an unexpired license who is not employed by a registered firm at the time of the licensee's renewal may renew that license, but the licensee may not engage in any activity for which the license was granted until the licensee is employed and qualified by a registered firm.
(e) Complete applications. The application form for a license, registration, instructor approval, and training school approval must be accompanied by the required fee and must, within 180 days of receipt by the State Fire Marshal's Office of the initial application, be complete and accompanied by all other information required by Insurance Code Chapter 6002 and this subchapter, or a new application must be submitted including all applicable fees.
§34.614 - (a) Except for fees specified in subsection (c) of this section, all fees payable must be submitted by check or money order made payable to the Texas Department of Insurance or the State Fire Marshal's Office, or by online payment. Should the department authorize other online or electronic original applications or other transactions, persons must submit fees with the transaction as directed by the department, the Texas OnLine Authority, or other online provider. Except for overpayments resulting from mistakes of law or fact, all fees are nonrefundable.
(b) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service.
(c) Fees are as follows:
(1) Certificates of registration:
(A) initial fee--$500;
(B) renewal fee (for two years, subject to the exceptions specified in §34.610(i) of this subchapter (relating to Certificate of Registration) for the initial alignment of the expiration and renewal dates of existing branches)--$1,000;
(C) renewal late fee (expired 1 day to 90 days)--$125 plus $37.50 for each branch office operated by the registered firm;
(D) renewal late fee (expired 91 days to two years)--$500 plus $150 for each branch office operated by the registered firm;
(E) branch office initial fee--$150;
(F) branch office renewal fee (for two years)--$300;
(2) Certificates of registration--Single Station:
(A) initial fee--$250;
(B) renewal fee (for two years)--$500;
(C) renewal late fee (expired 1 day to 90 days)--$62.50;
(D) renewal late fee (expired 91 days to two years)--$250;
(E) branch office initial fee--None;
(F) branch office renewal fee (for two years)--None;
(3) Fire alarm licenses (fire alarm technician license, fire alarm monitoring technician license, residential fire alarm superintendent (single station) license; residential fire alarm superintendent license, fire alarm planning superintendent license):
(A) initial fee--$120;
(B) renewal fee (for two years)--$200;
(C) renewal late fee (expired 1 day to 90 days)--$30;
(D) renewal late fee (expired 91 days to two years)--$120;
(4) Residential fire alarm technician licenses:
(A) initial fee (for one year)--$50;
(B) renewal fee (for two years)--$100;
(C) renewal late fee (expired 1 day to 90 days)--$12.50;
(D) renewal late fee (expired 91 days to two years)--$50;
(5) Training school approval:
(A) initial fee (for one year)--$500;
(B) renewal fee (for one year)--$500;
(6) Instructor approval:
(A) initial fee (for one year)--$50;
(B) renewal fee (for one year)--$50;
(7) Duplicate or revised certificate or license or other requested changes to certificates, approvals, or licenses--$20;
(8) Initial test fee (if administered by the State Fire Marshal's Office)--$20;
(9) Retest fee (if administered by the State Fire Marshal's Office)--$20.
(d) All fees are forfeited if the applicant does not appear for the scheduled test.
(e) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license except as provided in the Insurance Code §6002.203(g).
(f) Fees for certificates and licenses that have been expired for less than two years include both renewal and late fees.