Texas Administrative Code

Violation of the Health and Safety Code Chapter 796 or this subchapter may subject a person to civil penalties as set forth in the Health and Safety Code § 796.010 . Notes 28 Tex. Admin. Code § 34.1213 The provisions of this §34.1213 adopted to be effective December 31, 2008, 33 …

Pursuant to the Health and Safety Code § 796.010(c) , a cigarette sold or offered for sale in violation of the Health and Safety Code Chapter 796 is subject to forfeiture under Chapter 154, Tax Code, except that before a forfeited cigarette may be destroyed, the true holder of th…

(a) Submission. A filer must submit a proposed fire rating for a community to the State Fire Marshal's Office. A submission must contain: (1) a recommended fire rating based on the filer's survey; (2) justification for the recommended fire rating, consistent with the applicable f…

(a) Appeal. A filer or person who does not agree with an approval or disapproval of a proposed fire rating may petition for appeal and a hearing to review the matter. (b) Timeliness. A person must appeal an approval or disapproval not later than the 60th day after the date of the…

The sections of this subchapter shall apply to any person engaged in the business of the storage, handling, dispensing, and use of flammable liquids at retail service stations, and bulk plants operated in conjunction with retail service stations. Notes 28 Tex. Admin. Code § 34.3 …

The purpose of this subchapter is to administer the law set forth in Government Code § 417.008 and § 417.0081 , regarding right of entry and the inspection of public and private buildings. Notes 28 Tex. Admin. Code § 34.301 The provisions of this §34.301 adopted to be effective F…

The following words and terms, when used in this subchapter, must have the following meanings, unless the context clearly indicates otherwise: (1) Authority having jurisdiction (AHJ)--An organization, office, or individual responsible for enforcing the requirements of a code or s…

An organization will be considered an approved testing laboratory if it is currently accredited as a Nationally Recognized Testing Laboratory (NRTL) by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) in accord with the requirements of 29 CFR 191…

If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of this subchapter which can be given effect without the invalid provisions o…

(a) The commissioner adopts by reference the following copyrighted standards and recommendations in this subsection, except to the extent they are in conflict with sections of this subchapter or any Texas statutes or federal law for use through August 31, 2014. Copies of the stan…

The purpose of this subchapter is to regulate the business of leasing, renting, selling, installing, and servicing of portable fire extinguishers and the planning, certifying, installing, or servicing of fixed fire extinguisher systems and to prohibit portable fire extinguishers,…

(a) After an installation has been completed, an installation label must be affixed to the control head or panel of the fixed fire extinguisher system. The signature of the licensee on the label certifies that the system has been installed according to law. Labels must be five in…

(a) After any service, the licensee must complete a service tag in detail, indicating all work that done, and then attach the tag to the portable or fixed system in such a position as to permit convenient inspection and not hamper its actuation or operation. The signature of the …

(a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable, the owner or the owner's representative must be notified in writing of all impairments. The registered firm must notify the owner or the owner's representative immediately and must al…

If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of this subchapter which can be given effect without the invalid provisions o…

(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, d…

(a) Except for fees specified in subsection (c) of this section, all fees payable must be submitted by cashier's check or money order made payable to the Texas Department of Insurance or by online payment. Except for overpayments resulting from mistakes of law or fact, all fees a…

(a) Each applicant for a license must pass the appropriate tests. Tests may be supplemented by practical tests or demonstrations necessary to determine the applicant's knowledge and ability. (1) The license test will include a section on this subchapter, Insurance Code Chapter 60…

After completion of the installation, modification, or addition of a system or single station detector unit, except for a one-or-two-family residence, the licensee shall complete an installation certificate in the format provided by the state fire marshal in lieu of the installat…

The following inspections shall be performed by the licensed firm in order to assure proper installation techniques are followed: (1) At the completion of the device back-box installation but prior to the start of cable installation; (2) At the completion of cable installation bu…

The training curriculum for a residential fire alarm technician training course must consist of at least seven hours of instruction on installing, servicing, and maintaining single-family and two-family residential fire alarm systems as defined by National Fire Protection Associa…

(a) The commissioner adopts by reference the License Application for Individuals For All Types of Fire Alarm Licenses, Form Number SF032, which contains instructions for completion of the form and requires information to be provided regarding the applicant and the applicant's emp…

If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of these rules which can be given effect without the invalid provisions or ap…

The purpose of this subchapter is to regulate persons engaged in the business of planning, selling, installing, maintaining, or servicing fire protection sprinkler systems in the interest of safeguarding lives and property pursuant to Insurance Code Chapter 6003. Notes 28 Tex. Ad…

The sections of this subchapter shall be known and may be cited as the sprinkler rules and shall be administered by and through the state fire marshal. Notes 28 Tex. Admin. Code § 34.702 The provisions of this §34.702 adopted to be effective May 10, 1984, 9 TexReg 2380; amended t…

This subchapter shall apply to all firms and persons engaged in the business of planning, selling, installing, maintaining, or servicing fire protection sprinkler systems, and not to the general public. Notes 28 Tex. Admin. Code § 34.703 The provisions of this §34.703 adopted to …

The exceptions of Insurance Code § 6003.002 are applicable to the sections of this subchapter. Notes 28 Tex. Admin. Code § 34.704 The provisions of this §34.704 adopted to be effective May 10, 1984, 9 TexReg 2380; amended to be effective April 14, 1989, 14 TexReg 1644; transferre…

Notice by the state fire marshal as required by any provision of statute or of this subchapter may be given by personal service or mail, postage prepaid, addressed to the person to be notified at his last known address of residence or business as it appears on the records in the …

The Commissioner adopts by reference in their entirety the following copyrighted standards and recommended practices published by and available from the National Fire Protection Association Inc. (NFPA) on the NFPA website at www.nfpa.org . (1) NFPA 13-2019, Standard for the Insta…

(a) On completion of the installation of a fire protection sprinkler system, all information for an installation tag must be completed in detail to indicate the water supply test data obtained during the time of installation. The tag must be securely attached by a durable method …

(a) After any service, all sections of a service tag must be completed in detail, indicating all the services that have been performed, and then the tag must be attached to the respective riser of each system. (b) After any service, if noncompliant conditions or impairments exist…

(a) After a new installation or a scheduled inspection, testing and maintenance (ITM) service, all portions of an ITM tag must be completed in detail, indicating the ITM service was performed according to the adopted standards, and the tag must be attached to the respective riser…

(a) If a fire protection sprinkler system is found to be noncompliant with applicable NFPA standards, is not being tested or maintained according to adopted standards, or found to contain equipment that has been recalled by the manufacturer, but the noncompliance or recalled equi…

(a) If a fire protection sprinkler system has an impairment which constitutes an emergency impairment, as defined in the adopted edition of NFPA 25, the service person or inspector must complete and attach a red tag to the respective riser of each system to indicate corrective ac…

(a) The state fire marshal is authorized and directed to enforce the provisions of Insurance Code Chapter 6003 and this subchapter. The state fire marshal must make, or cause to be made, inspections from time to time and as circumstances dictate to determine that licensed firms a…

The failure to comply with the provisions of this subchapter and the provisions of Insurance Code Chapter 6003 by certificate holders or licensees may subject them, as provided in Government Code § 417.010 , to administrative action including, but not limited to, suspension, revo…

If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of this subchapter which can be given effect without the invalid provisions o…

No license or permit holder is authorized to enforce or attempt to enforce any section of the Occupations Code Chapter 2154 or this subchapter. Notes 28 Tex. Admin. Code § 34.806 The provisions of this §34.806 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred eff…

(a) The State Fire Marshal is charged with the duty to administer this subchapter, the orders of the commissioner and the enforcement of the Occupations Code Chapter 2154. (b) Violations of these sections alone do not subject legally possessed fireworks to seizure or confiscation…

(a) A license shall be valid for a period of one year from the date of issuance. (b) Permits expire depending on permit type. (1) Retail permits expire on January 31 each year. (2) Public display permits expire at midnight on the date stated on the permit. (3) Agricultural, indus…

(a) Applications for a license or permit to engage in the business, other than retail permits, shall be on forms provided by the state fire marshal, and shall be accompanied by the appropriate fee and documentation as may be required. (b) Applications must be signed by the sole p…

The contractor and department may agree to mediate a claim through an impartial third party. For purposes of this subchapter, "mediation" is assigned the meaning set forth in the Civil Practice and Remedies Code, § 154.023 . The mediation is subject to the provisions of the Gover…

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this chapter on or before the 270th day after the department receives the notice of claim, or after the expiration of any …

Unless the parties expressly agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees. Notes 37 Tex. Admin. Code § 34.28 The provi…

A mediation conducted under this section is confidential in accordance with Texas Government Code, § 2009.054 . However, a final settlement agreement to which the department is a signatory that is reached as a result of the mediation is governed by the Public Information Act, Tex…

The mediator shall possess the qualifications required under Civil Practice and Remedies Code, § 154.052 , be subject to the standards and duties prescribed by Civil Practice and Remedies Code, § 154.053 and have the qualified immunity prescribed by Civil Practice and Remedies Co…

(a) The following label in 14-point, all capital letters, bold-faced type must be attached to security bars or the packaging of security bars sold or offered for sale in this state. The label must be printed in both English and Spanish. Attached Graphic (b) A person who is not re…