Texas Administrative Code

(a) Required. Each firm and each branch office engaged in the business must obtain a certificate of registration from the state fire marshal. (b) Properly equipped licensed person. Before engaging in the business, each registered firm must have at least one licensed person who mu…

A registrant who is eligible to file an annual lobby activity report under Government Code, § 305.0063 , may elect to do so at any time during the registration year. Notes 1 Tex. Admin. Code § 34.81 The provisions of this §34.81 adopted to be effective December 18, 1996, 21 TexRe…

(a) Importation. Veterinary biologics produced under a regular license issued by the USDA, APHIS, VS may be imported into the State of Texas, however, prior to initial importation of any licensed veterinary biologic for sale, use, or distribution within the state, written approva…

The following words and terms, when used in this subchapter, must have the following meanings, unless the context clearly indicates otherwise. (1) Acceptor building--A building that is exposed to embers and debris emitted from a donor building. (2) Agricultural, industrial, or wi…

(a) Residential alarm (single station). (1) Registered firms may employ persons exempt from the licensing provisions of Insurance Code § 6002.155(10) to sell, install, and service residential, single station alarms. Exempted persons must be under the supervision of a residential …

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--Texas Animal Health Commission (TAHC). (2) Executive director--The executive director of the commission. (3) Recognized l…

The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the department who have authority to bind each respectiv…

The parties shall negotiate in accordance with the timetable set forth in § 34.24 of this chapter (relating to Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation. Notes 37 Tex. Admin. …

(a) Following receipt of a contractor's notice of claim, the director's designated representative shall review the contractor's claim(s) and the department's counterclaim(s), if any, and initiate negotiations with the contractor to attempt to resolve the claim(s) and counterclaim…

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties. If the par…

(a) For each cigarette variety offered for sale, the manufacturer shall document and maintain for a period of not less than three years after the cigarette variety was offered for sale the following information: (1) a copy of the submitted Certification by Manufacturer for Fire S…

The purpose of this subchapter is to administer through the state fire marshal the law set forth in the Insurance Code, Chapters 6001, 6002, and 6003, and Health and Safety Code Chapter 753 regarding approval of testing laboratories that perform standardized tests on fire protect…

The sections set forth in this subchapter shall be known and may be cited as the Testing Laboratory Rules. Notes 28 Tex. Admin. Code § 34.402 The provisions of this §34.402 adopted to be effective June 20, 1989, 14 TexReg 2681; transferred effective September 1, 1991, as publishe…

This subchapter applies to persons and laboratories engaged in testing fire protection equipment or flammable liquids equipment and not to the general public. Notes 28 Tex. Admin. Code § 34.403 The provisions of this §34.403 adopted to be effective June 20, 1989, 14 TexReg 2681; …

The Commissioner adopts by reference in their entirety, except as noted, the following copyrighted standards and recommendations in this subchapter. If a standard refers to a provision in a specific edition of another standard, the provision is applicable only if it does not conf…

The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in § 34.507 of this title (relating to Adopted Standards) if the organization meets the requirements of an approved tes…

The commissioner approves the National Institute for Certification in Engineering Technologies (NICET) as a testing standards organization for testing license applicants. Notes 28 Tex. Admin. Code § 34.509 The provisions of this §34.509 adopted to be effective April 14, 1989, 14 …

(a) Types of licenses. Each license must be identified by type, which indicates the business activity authorized under the license. (1) Type PL--For planning, supervising, certifying, installing, or servicing of all fixed systems other than pre-engineered systems. A system planni…

Each cause of action, pending litigation, matter in process before the commissioner or the state fire marshal, or matter hereafter arising from an event occurring prior to the time this subchapter becomes effective shall be determined in accordance with and governed by the provis…

This subchapter applies to underground and aboveground storage tanks in service after the effective date of the subchapter except for underground tanks used by retail service stations in service prior to September 1, 1969, to the extent that such stations in service prior to Sept…

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 detecti…

(a) After notice and an opportunity for hearing, the commission may require by written order that a licensee or permittee require all of its employees to acquire and maintain seller server certification under Chapter 50 of this title, pursuant to Code §106.14. Such requirement ma…

(a) These terms, when used in this rule, have the following meanings: (1) Delivery driver--any person engaged by a consumer delivery permit holder as an alcohol delivery driver including, but not limited to those hired directly, hired indirectly, paid, unpaid, or contracted, whet…

(a) This rule relates to §§ 11.46(a)(8), 11.61(b)(7), 61.42(a)(3) and 61.71(a)(16) of the Alcoholic Beverage Code. (b) A licensee or permittee violates the provisions of the Code cited in subsection (a) of this section if any of the offenses listed in subsection (c) of this secti…

(a) The state fire marshal recommends an interior release mechanism for security bars that consists of a lever, knob, handle, panic bar, or other simple type of releasing device having an obvious method of operation under all lighting conditions. The release mechanism for any sec…

(a) General Requirements. (1) Pursuant to § 796.004 of the Health and Safety Code, a cigarette manufacturer may not certify a cigarette variety under the Health and Safety Code Chapter 796 and this subchapter using a cigarette testing method and performance standard other than th…

If a certified cigarette variety is changed with respect to any one or more of the items listed in the Health and Safety Code § 796.005(b)(1) - (8) , it is considered a different cigarette variety and must be certified as a new variety in conformance with § 34.1207 of this subcha…

(a) Submission of Form and Payment of Fees. Before a cigarette variety may be sold or offered for sale in this state, the manufacturer of the cigarette variety must: (1) complete and submit to the SFMO: (A) the Certification by Manufacturer for Fire Standard Compliant Cigarette (…

(a) Except as provided in § 34.1206 of this subchapter (relating to Alternative Testing Methods), each cigarette variety must be tested in compliance with the Health and Safety Code § 796.003 . (b) The manufacturer is solely responsible for ensuring that all cigarette varieties n…

The following words, and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: NFPA--The National Fire Protection Association, a nationally recognized standards-making organization. Notes 28 Tex. Admin. Code § 34.4…

If the licensee requests a hearing, the state fire marshal will refer the matter to the Texas Department of Insurance, Enforcement Section. The state fire marshal may assert other matters and claims against the licensee at the hearing and seek any disciplinary action available un…

If a licensee fails to pay the administrative penalty, the state fire marshal may refer the alleged violation to the Texas Department of Insurance, Enforcement Section as described in § 34.1301 (d) of this title (relating to Imposition of Penalty) and seek additional sanctions. N…

A licensee may dispute the imposition of the penalty or the amount of the penalty imposed in the manner prescribed by Insurance Code Chapter 84, Subchapter C. Notes 28 Tex. Admin. Code § 34.1308 The provisions of this §34.1308 adopted to be effective April 24, 2013, 38 TexReg 250…

The sections of this subchapter shall be known as and may be cited as the rules for the safe storage, handling, and use of flammable liquids at retail service stations. Notes 28 Tex. Admin. Code § 34.2 The provisions of this §34.2 adopted to be effective September 19, 1990, 15 Te…

This subchapter applies to an advisory organization or other filer that determines a fire rating for a community, fire district, or other jurisdiction based on a fire suppression and mitigation grading schedule. Notes 28 Tex. Admin. Code § 34.201 Adopted by Texas Register, Volume…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Advisory organization--An advisory organization licensed under Insurance Code Chapter 1805. (2) Fire rating--A rating, or evaluation of fi…

(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…

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) 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…