| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the sale and advertisement of portable fire |
|
|
extinguishers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle C, Title 9, Health and Safety Code, is |
|
|
amended by adding Chapter 797 to read as follows: |
|
|
CHAPTER 797. PORTABLE FIRE EXTINGUISHERS |
|
|
Sec. 797.001. DEFINITIONS. In this chapter: |
|
|
(1) "NFPA" means the National Fire Protection |
|
|
Association. |
|
|
(2) "Portable fire extinguisher" means a device that |
|
|
contains liquid, powder, or gases for suppressing or extinguishing |
|
|
fires. |
|
|
Sec. 797.002. PORTABLE FIRE EXTINGUISHERS. A person may |
|
|
not use the term "portable fire extinguisher" or "fire |
|
|
extinguisher" in the sale or advertisement of an aerosol fire |
|
|
suppression device or similar fire suppression device unless the |
|
|
device conforms to NFPA Standard 10 (2010), "Standard for Portable |
|
|
Fire Extinguishers," or a successor standard adopted by the |
|
|
commissioner of insurance that is at least as stringent as the NFPA |
|
|
Standard 10, and is specifically listed for that use by a testing |
|
|
laboratory approved by the Texas Department of Insurance. |
|
|
SECTION 2. Section 6001.156(a), Insurance Code, is amended |
|
|
to read as follows: |
|
|
(a) The licensing provisions of this chapter do not apply |
|
|
to: |
|
|
(1) the filling or charging of a portable fire |
|
|
extinguisher by the manufacturer before initial sale of the fire |
|
|
extinguisher; |
|
|
(2) the servicing by a firm of the firm's portable fire |
|
|
extinguishers or fixed systems by the firm's personnel who are |
|
|
specially trained for that servicing; |
|
|
(2-a) the inspection of a firm's portable fire |
|
|
extinguisher by a person who is: |
|
|
(A) specially trained to perform portable fire |
|
|
extinguisher inspections; and |
|
|
(B) under contract with the firm for that |
|
|
purpose; |
|
|
(3) the installation of portable fire extinguishers in |
|
|
a building by the building owner, the owner's managing agent, or an |
|
|
employee of the building owner or the owner's managing agent; |
|
|
(4) the installation or servicing of water sprinkler |
|
|
systems installed in compliance with the National Fire Protection |
|
|
Association's Standards for the Installation of Sprinkler Systems; |
|
|
(5) a firm that is engaged in the retail or wholesale |
|
|
sale of portable fire extinguishers that carry the [an approval
|
|
|
label or] listing of a testing laboratory approved by the |
|
|
department, but that is not engaged in the installation or |
|
|
servicing of those extinguishers; |
|
|
(6) a fire department that services portable fire |
|
|
extinguishers as a public service without charge, if the members of |
|
|
the fire department are trained in the proper servicing of the fire |
|
|
extinguishers; |
|
|
(7) a firm that is a party to a contract under which: |
|
|
(A) the installation of portable fire |
|
|
extinguishers or a fixed fire extinguisher system is performed |
|
|
under the direct supervision of and certified by a firm |
|
|
appropriately registered to install and certify portable |
|
|
extinguishers or fixed systems; and |
|
|
(B) the registered firm assumes full |
|
|
responsibility for the installation; or |
|
|
(8) an engineer licensed under Chapter 1001, |
|
|
Occupations Code, while acting solely in the engineer's |
|
|
professional capacity. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |