By Jackson H.B. No. 2052
74R6243 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the use and installation of certain
1-3 fire detection devices and fire alarms.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 419, Government Code, is amended by
1-6 adding Subchapter F to read as follows:
1-7 SUBCHAPTER F. FIRE DETECTION DEVICES AND ALARM SYSTEMS
1-8 Sec. 419.101. PURPOSE. In the interest of safeguarding
1-9 lives and property, this subchapter is adopted to:
1-10 (1) regulate the planning, certifying, leasing,
1-11 selling, servicing, inspecting, installing, and monitoring of fire
1-12 detection devices, fire alarm systems, and single station alarm
1-13 devices; and
1-14 (2) prohibit the use of devices that are not labeled
1-15 or listed by a testing laboratory approved by the commission.
1-16 Sec. 419.102. DEFINITIONS. (a) In this subchapter:
1-17 (1) "Adopted standards" means the standards adopted by
1-18 the commission by rule to administer this subchapter.
1-19 (2) "Advisory council" means the fire detection device
1-20 and fire alarm advisory council.
1-21 (3) "Fire detection device" means a device designed to
1-22 detect the presence of fire or smoke and initiate action through
1-23 notification appliances or equipment as part of a fire alarm
1-24 system.
2-1 (4) "Inspection" means the inspection and testing of
2-2 fire detection devices, fire alarm systems, or single station alarm
2-3 devices to verify proper operation of the device or system.
2-4 (5) "Installation" means the initial placement of
2-5 equipment or the extension, modification, or alteration of
2-6 equipment already in place.
2-7 (6) "Monitoring" means the receipt of fire alarm and
2-8 supervisory signals and retransmission or communication of those
2-9 signals to a fire service communications center.
2-10 (7) "Planning" means the preparation and approval of
2-11 fire alarm plans that depict all applicable requirements for the
2-12 installation of fire detection devices, fire alarm systems, or
2-13 single station alarm devices.
2-14 (8) "Sale" means the sale or offering for sale, lease,
2-15 or rent to any person of merchandise, equipment, or a service at
2-16 wholesale or retail, for an agreed sum of money or other
2-17 consideration.
2-18 (9) "Service" means to repair or maintain in a
2-19 condition that will allow performance as originally designed or
2-20 intended.
2-21 (10) "Single station alarm device" means an assembly
2-22 incorporating a detector for the presence of fire or smoke, control
2-23 equipment, and an alarm sounding device in one unit operated from a
2-24 power supply either in the unit or obtained at the point of
2-25 installation, which may be interconnected with two or more of those
2-26 devices in a manner that makes the actuation of one device cause
2-27 all alarms to operate.
3-1 (b) For the purposes of this subchapter:
3-2 (1) an installation is "certified" if the
3-3 installation:
3-4 (A) is performed in accordance with fire alarm
3-5 plans approved by an authorized license holder or a registered
3-6 professional engineer and the local governmental entity with
3-7 jurisdiction, if applicable; and
3-8 (B) meets the standards adopted by rule under
3-9 this subchapter;
3-10 (2) a service is "certified" if the installed device
3-11 or system performs as originally designed or intended;
3-12 (3) an inspection is "certified" if the proper
3-13 operation of a device or system is verified; and
3-14 (4) a fire alarm plan is "certified" if the plan meets
3-15 the requirements of the applicable adopted standards as modified by
3-16 the governmental entity with jurisdiction.
3-17 Sec. 419.103. LICENSE OR CERTIFICATE OF REGISTRATION
3-18 REQUIRED; PROHIBITED ACTS. (a) A person may not:
3-19 (1) plan, certify, lease, sell, install, service,
3-20 inspect, or monitor fire detection devices, fire alarm systems, or
3-21 single station alarm devices unless the person holds a license or
3-22 certificate of registration issued under this subchapter;
3-23 (2) obtain, or attempt to obtain, a license or
3-24 certificate of registration by a fraudulent representation; or
3-25 (3) plan, certify, lease, sell, install, service,
3-26 inspect, or monitor fire detection devices, fire alarm systems, or
3-27 single station alarm devices in a manner that is contrary to the
4-1 provisions of this subchapter or the rules adopted by the
4-2 commission under the authority of this subchapter.
4-3 (b) A person may not install a fire detection device, fire
4-4 alarm system, or single station alarm device, including a conduit,
4-5 raceway, backbox, junction box, or similar electrical enclosure
4-6 that may be required by the adopted standards, in any location
4-7 other than a single-family or two-family residence, until the
4-8 person has:
4-9 (1) established a certified fire alarm plan; and
4-10 (2) received the approval of the local governmental
4-11 entity with jurisdiction, if that approval is required.
4-12 Sec. 419.104. EXEMPTIONS. The registration and licensing
4-13 requirements of this subchapter do not apply to:
4-14 (1) a person in the business of building construction
4-15 who installs electrical wiring and devices that may include in part
4-16 the installation of fire detection devices or a fire alarm system
4-17 if the person:
4-18 (A) does not plan, certify, lease, sell,
4-19 install, service, or inspect fire detection devices or fire alarm
4-20 systems;
4-21 (B) does not install a conduit, raceway,
4-22 backbox, junction box, or similar electrical enclosure that may be
4-23 required by the adopted standards for the installation of a fire
4-24 detection device or fire alarm system in any location other than a
4-25 single-family or two-family residence; and
4-26 (C) does not install a fire detection device or
4-27 fire alarm system except under the direct supervision of a licensed
5-1 employee of a registered firm;
5-2 (2) a registered professional engineer acting solely
5-3 in the engineer's professional capacity;
5-4 (3) a law enforcement officer or firefighter acting in
5-5 an official capacity in response to an alarm from a fire detection
5-6 device, fire alarm system, or single station alarm device;
5-7 (4) a regular employee of a registered firm who is
5-8 engaged in installing fire detection devices or fire alarm systems
5-9 under the direct supervision of a license holder;
5-10 (5) a person who sells or installs single station
5-11 alarm devices if:
5-12 (A) the device is approved or listed by a
5-13 testing laboratory approved by the commission;
5-14 (B) the installation complies with the adopted
5-15 standards;
5-16 (C) the installer is knowledgeable in the proper
5-17 use of those devices; and
5-18 (D) the device is installed in a single-family
5-19 or two-family residence; or
5-20 (6) a person who sells fire detection devices or fire
5-21 alarm systems if:
5-22 (A) the sales are exclusively over-the-counter
5-23 or by mail order; and
5-24 (B) the person does not plan, certify, install,
5-25 service, or maintain the device or system.
5-26 Sec. 419.105. ADMINISTRATION; ADVISORY COUNCIL. (a) The
5-27 commission shall administer this subchapter through the state fire
6-1 marshal.
6-2 (b) The commission may adopt rules as necessary to
6-3 administer this subchapter. In adopting rules, the commission may
6-4 use or consider:
6-5 (1) recognized standards, including standards:
6-6 (A) adopted by the National Fire Protection
6-7 Association;
6-8 (B) enacted by federal law or regulation; or
6-9 (C) published by any nationally recognized
6-10 standards-making organization; or
6-11 (2) information furnished to the commission by
6-12 individual manufacturers.
6-13 (c) The fire detection device and fire alarm advisory
6-14 council is appointed by the commission to advise the commission on
6-15 the adoption of rules necessary to administer this subchapter. The
6-16 advisory council is composed of seven members as follows:
6-17 (1) three members must be employed by a registered
6-18 firm in the fire detection industry with experience in planning,
6-19 certifying, leasing, selling, installing, servicing, or inspecting
6-20 fire detection devices, fire alarm systems, or single station alarm
6-21 devices;
6-22 (2) one member must be experienced in the engineering
6-23 of fire prevention services or a member of a fire protection
6-24 association;
6-25 (3) two members must be employed by a municipality or
6-26 county as fire prevention officers and must have demonstrable
6-27 experience; and
7-1 (4) one member must be employed by a registered firm
7-2 and must be experienced in the operation of a fire alarm monitoring
7-3 station.
7-4 (d) Each member of the advisory council must have at least
7-5 three years of experience in the person's designated
7-6 classification.
7-7 (e) The advisory council is not subject to Article 6252-33,
7-8 Revised Statutes.
7-9 Sec. 419.106. POWERS AND DUTIES OF COMMISSION AND STATE FIRE
7-10 MARSHAL. (a) The commission shall delegate authority to exercise
7-11 all or part of its functions, powers, and duties under this
7-12 subchapter, including the issuance of certificates of registration
7-13 and licenses, to the state fire marshal.
7-14 (b) The commission, with the assistance of the advisory
7-15 council, shall adopt rules as determined by the commission to be
7-16 necessary for the protection and preservation of life and property
7-17 in controlling:
7-18 (1) the registration of persons engaging in the
7-19 business of planning, certifying, leasing, selling, installing,
7-20 servicing, inspecting, or monitoring fire detection devices, fire
7-21 alarm systems, and single system alarm devices; and
7-22 (2) the requirements for the planning, certifying,
7-23 leasing, selling, installing, servicing, inspecting, or monitoring
7-24 of fire detection devices, fire alarm systems, and single station
7-25 alarm devices by:
7-26 (A) conducting examinations and evaluating the
7-27 qualifications of an applicant for a certificate of registration to
8-1 engage in the business of planning, certifying, leasing, selling,
8-2 installing, servicing, inspecting, or monitoring fire detection
8-3 devices, fire alarm systems, or single station alarm devices;
8-4 (B) conducting examinations and evaluating the
8-5 qualifications of an applicant for a license established under the
8-6 rules adopted under this subchapter;
8-7 (C) evaluating and approving testing
8-8 laboratories for the purpose of this subchapter; and
8-9 (D) evaluating and approving required training
8-10 programs for all persons who engage in the business of planning,
8-11 certifying, leasing, selling, installing, servicing, inspecting, or
8-12 monitoring fire detection devices, fire alarm systems, or single
8-13 station alarm devices.
8-14 (c) The commission shall submit changes in a rule proposed
8-15 by the advisory council to the advisory council. If the commission
8-16 does not adopt a rule proposed by the advisory council, the
8-17 commission shall indicate to the council the reasons that the rule
8-18 was not adopted, and return the proposed rule to the council for
8-19 further development.
8-20 (d) With the assistance of the advisory council, the
8-21 commission shall issue formal interpretations of the rules adopted
8-22 under this chapter on receipt of a written request from any person
8-23 to promote clarification and understanding of those rules. The
8-24 commission shall adopt rules relating to required procedures for a
8-25 rules interpretation under this subchapter.
8-26 Sec. 419.107. TESTING LABORATORIES; APPROVAL OF EQUIPMENT.
8-27 (a) Except as provided by Subsection (b), a fire detection device,
9-1 fire alarm system, single station alarm device, or monitoring
9-2 equipment a purpose of which is to detect or give alarm of fire may
9-3 not be sold, offered for sale, leased, installed, or used to
9-4 monitor systems, devices, and property in this state unless it
9-5 carries a label of approval of, or is listed by, a testing
9-6 laboratory approved by the commission. This subsection does not
9-7 prohibit the continued use or monitoring of equipment in place that
9-8 complied with applicable law at the time of its original placement,
9-9 if the equipment has not been extended, modified, or altered.
9-10 (b) Auxiliary components that are not required by the
9-11 adopted standards and that do not impair the operation of fire
9-12 detection devices or fire alarm systems required by the adopted
9-13 standards are exempt from the requirement imposed under Subsection
9-14 (a) if those components are approved by the local governmental
9-15 entity with jurisdiction.
9-16 (c) A fire detection device, fire alarm system, or single
9-17 station alarm device may not be sold or installed in this state
9-18 unless it is accompanied by printed information supplied to the
9-19 owner by the supplier or installing contractor that provides:
9-20 (1) instructions describing the installation,
9-21 operation, testing, and proper maintenance of the device or system;
9-22 (2) information to aid in establishing an emergency
9-23 evacuation plan for the protected premises; and
9-24 (3) the telephone number and location, including
9-25 notification procedures, of the nearest fire department.
9-26 Sec. 419.108. REGISTRATION. (a) Each person that engages
9-27 in the business of planning, certifying, leasing, selling,
10-1 installing, servicing, inspecting, or monitoring fire detection
10-2 devices, fire alarm systems, or single station alarm devices as a
10-3 corporation, partnership, association, or other organization must
10-4 hold a certificate of registration as a registered firm issued by
10-5 the state fire marshal.
10-6 (b) Each separate office location of a registered firm,
10-7 other than the main location identified on the certificate of
10-8 registration, must have a branch office registration certificate
10-9 issued by the state fire marshal. Each branch office location must
10-10 be identified as a part of a registered firm before a branch office
10-11 registration certificate may be issued.
10-12 (c) The commission may not issue a certificate of
10-13 registration under this section until the applicant files with the
10-14 state fire marshal evidence of insurance coverage as prescribed by
10-15 the rules adopted under this subchapter. The insurance coverage
10-16 must include at least:
10-17 (1) $100,000 combined single limits for bodily injury
10-18 and property damage for each occurrence; and
10-19 (2) $300,000 in the aggregate for all occurrences per
10-20 policy year.
10-21 (d) The commission, after notice and an opportunity for a
10-22 hearing, may increase or decrease the limits of insurance coverage
10-23 required for registered firms.
10-24 (e) A certificate of registration issued under this section
10-25 is not transferable.
10-26 (f) The commission shall prescribe the annual fees to be
10-27 charged for a certificate of registration under this section, not
11-1 to exceed $500 for the main office of a registered firm and $150
11-2 for a branch office. The commission shall set the fees with the
11-3 advice of the advisory council.
11-4 (g) The commission shall charge a fee in an amount not to
11-5 exceed $20 for a duplicate certificate of registration or any
11-6 requested change made to a certificate of registration.
11-7 Sec. 419.109. LICENSES. (a) Each person that engages in
11-8 the business of planning, certifying, installing, servicing, or
11-9 inspecting fire detection devices, fire alarm systems, or single
11-10 station alarm devices as an individual must hold a license issued
11-11 by the state fire marshal.
11-12 (b) The commission, with the assistance of the advisory
11-13 council, shall establish license classifications and examination
11-14 requirements as necessary to administer this subchapter. The state
11-15 fire marshal shall administer an examination required under this
11-16 section to ensure competency in the classification in which a
11-17 license applicant seeks to engage in business.
11-18 (c) The commission shall set the fees for licenses
11-19 established under this section. An annual license fee may not
11-20 exceed $100.
11-21 (d) The commission shall set nonrefundable fees for
11-22 examinations conducted under this section. The fee for an initial
11-23 examination may not exceed $30. The fee for a reexamination may
11-24 not exceed $20.
11-25 (e) The commission shall set the fee for a duplicate license
11-26 or change in a license. The fee under this subsection may not
11-27 exceed $20.
12-1 (f) A license issued under this section is not transferable.
12-2 (g) Each registered firm that employs persons who are exempt
12-3 from the licensing requirements of this subchapter under Section
12-4 419.104 shall appropriately train and supervise those persons to
12-5 ensure that:
12-6 (1) each installation complies with the adopted
12-7 standards;
12-8 (2) each device installed carries a label or listing
12-9 of approval by a testing laboratory approved by the commission; and
12-10 (3) the persons are knowledgeable in fire protection
12-11 and the proper use and placement of the devices.
12-12 Sec. 419.110. APPLICATION FOR LICENSE OR CERTIFICATE;
12-13 HEARINGS. (a) The commission by rule shall determine the
12-14 requirements for an application for a certificate of registration
12-15 or license issued under this subchapter and the qualifications
12-16 required for applicants.
12-17 (b) The state fire marshal may refuse to issue or renew or
12-18 may suspend or revoke a certificate of registration or license if,
12-19 after notice and hearing, the state fire marshal finds that the
12-20 applicant, registrant, or license holder has engaged in acts that:
12-21 (1) violate this subchapter;
12-22 (2) violate rules or standards adopted under this
12-23 subchapter; or
12-24 (3) constitute misrepresentation made in connection
12-25 with an inspection performed, or the sale of products or services
12-26 rendered, under this subchapter.
12-27 (c) A certificate of registration, license, or testing
13-1 laboratory approval may be denied, suspended, or revoked, or
13-2 renewal refused, if, after notice and public hearing, the
13-3 commission, through the state fire marshal, finds from the evidence
13-4 presented at the hearing that this subchapter or a rule adopted
13-5 under this subchapter has been violated.
13-6 (d) A person who has had a certificate of registration,
13-7 license, or testing laboratory approval revoked may not reapply for
13-8 the certificate, license, or approval until the first anniversary
13-9 of the date of the revocation. A person who reapplies under this
13-10 subsection must request a public hearing to show cause why a
13-11 certificate of registration, license, or testing laboratory
13-12 approval should not be denied.
13-13 (e) A person who reapplies under Subsection (d) must
13-14 disclose in the reapplication the name of any person with a
13-15 financial interest in the certificate of registration, license, or
13-16 approval that was revoked who was charged with a violation of this
13-17 subchapter or a rule adopted under this subchapter.
13-18 Sec. 419.111. UNIFORM FORCE AND EFFECT. (a) This
13-19 subchapter and the rules adopted under this subchapter shall have
13-20 uniform force and effect throughout this state.
13-21 (b) A municipality or county may not enact an ordinance,
13-22 rule, or other regulation that is inconsistent with the provisions
13-23 of this subchapter or rules adopted under this subchapter.
13-24 However, a municipality or county may:
13-25 (1) mandate that a fire detection device or fire alarm
13-26 system be installed in certain facilities if the installation
13-27 conforms to applicable adopted standards; and
14-1 (2) require a better type of fire detection device or
14-2 fire alarm system or otherwise safer conditions than the minimum
14-3 required by the adopted standards.
14-4 (c) A municipality, county, or other political subdivision
14-5 of this state may not require a registered firm, a license holder,
14-6 or an employee of a license holder to:
14-7 (1) obtain a registration, franchise, or license from
14-8 the political subdivision;
14-9 (2) pay a fee or franchise tax to the political
14-10 subdivision; or
14-11 (3) post a bond payable to the political subdivision
14-12 to engage in business or perform any activities authorized under
14-13 this subchapter in that political subdivision.
14-14 (d) Notwithstanding Subsection (c), a municipality or county
14-15 may require a registered firm to obtain a permit and pay a permit
14-16 fee for the installation of a fire detection device, fire alarm
14-17 system, or single station alarm device and require that the
14-18 installation of the device or system conform to the building and
14-19 fire code or other construction requirements of the municipality or
14-20 county and of state law, but may not impose a qualification or
14-21 financial responsibility requirement other than proof of a valid
14-22 certificate of registration.
14-23 Sec. 419.112. DISPOSITION OF FEES. Fees and penalties
14-24 collected under this subchapter shall be deposited in the state
14-25 treasury to the credit of the special account in the general
14-26 revenue fund established under Section 419.026(d).
14-27 Sec. 419.113. CITATION; CRIMINAL PENALTY. (a) The state
15-1 fire marshal or the state fire marshal's designee shall issue a
15-2 citation to a person regulated under this subchapter who violates
15-3 the rules adopted under this subchapter and shall collect any fine
15-4 imposed for a violation under this chapter. An appeal of a
15-5 citation imposed under this subsection must be brought not later
15-6 than the 30th day after the date on which the citation was issued.
15-7 (b) A person commits an offense if the person performs a
15-8 function that requires a certificate of registration or license
15-9 under this subchapter without holding the certificate of
15-10 registration or license. An offense under this subsection is a
15-11 Class B misdemeanor.
15-12 SECTION 2. Section 417.0041(a), Government Code, is amended
15-13 to read as follows:
15-14 (a) This section applies to rules adopted under Articles
15-15 5.43-1, 5.43-3, and <through> 5.43-4, Insurance Code, and to the
15-16 advisory councils established under these articles.
15-17 SECTION 3. Article 5.43-2, Insurance Code, is repealed
15-18 effective January 1, 1996.
15-19 SECTION 4. The advisory council established under Article
15-20 5.43-2, Insurance Code, as that article existed before its repeal
15-21 by this Act, is abolished on December 31, 1995. A person serving
15-22 on that advisory council is eligible for appointment to the fire
15-23 detection device and fire alarm advisory council established under
15-24 Section 419.105, Government Code, as added by this Act.
15-25 SECTION 5. (a) The change in law made by Section
15-26 419.113(b), Government Code, as added by this Act, applies only to
15-27 an offense committed on or after the effective date of this Act.
16-1 For purposes of this section, an offense is committed before the
16-2 effective date of this Act if any element of the offense occurs
16-3 before that date.
16-4 (b) An offense committed under Article 5.43-2, Insurance
16-5 Code, before the effective date of this Act is governed by the law
16-6 in effect when the offense was committed, and the former law is
16-7 continued in effect for that purpose.
16-8 SECTION 6. A person is not required to hold a license or
16-9 certificate of registration under Subchapter F, Chapter 419,
16-10 Government Code, as added by this Act, until January 1, 1996.
16-11 SECTION 7. (a) Except as provided by Subsection (b) of this
16-12 section, this Act takes effect September 1, 1995.
16-13 (b) Sections 419.103 and 419.113, Government Code, as added
16-14 by this Act, take effect January 1, 1996.
16-15 SECTION 8. The importance of this legislation and the
16-16 crowded condition of the calendars in both houses create an
16-17 emergency and an imperative public necessity that the
16-18 constitutional rule requiring bills to be read on three several
16-19 days in each house be suspended, and this rule is hereby suspended.