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TFM08 EXAM STUDY GUIDE
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TFM08 EXAM STUDY GUIDE
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TFM08 EXAM STUDY GUIDEFire Protection Sprinkler System - Answers- an assembly of underground or overhead
piping or conduits that conveys water with or without other agents to dispersal openings
or devices to: (A) extinguish, control, or contain fire; and (B) provide protection from
exposure to fire or the products of
Fire protection sprinkler system contractor - Answers- an individual or organization that
offers to undertake, represents itself as being able to undertake, or undertakes the plan,
sale, installation, maintenance, or servicing of: (A) a fire protection sprinkler system; or
(B) any part of a fire protection sprinkler system
Individual - Answers- a natural person, including an owner, manager, officer, employee,
or occupant.
Insurance agent - Answers- (A) an individual, firm, or corporation licensed under: (i)
Subchapter E, Chapter 981; or (ii) Subchapter A, B, C, D, E, or G, Chapter 4051; or (B)
an individual authorized to represent an insurance fund or pool created by a
municipality, county, or other political subdivision of this state under Chapter 791,
Government Code.
Installation - Answers- the initial placement of equipment; or (B) the extension,
modification, or alteration of equipment after initial placement.
License - Answers- document issued to a responsible managing employee authorizing
the employee to engage in the fire protection sprinkler system business in this state.
Service - Answers- maintenance, repair, or testing
Section 6003.002 Applicability of Chapter - Answers- (a) This chapter does not apply to:
(1) an employee of the United States, this state, or any political subdivision of this state
who acts as a fire protection sprinkler system contractor for the employing governmental
entity; (2) the plan, sale, installation, maintenance, or servicing of a fire protection
sprinkler system in any property owned by the United States or this state; (3) an
individual or organization acting under court order as authorization; (4) an individual or
organization that sells or supplies products or materials to a registered fire protection
sprinkler system contractor; (5) an installation, maintenance, or service project for which
the total contract price for labor, materials, and all other services is less than $100, if:
(A) the project is not a part of a complete or more costly project, whether the complete
project is to be undertaken by one or more fire protection sprinkler system contractors;
or (B) the project is not divided into contracts of less than $100 for the purpose of
evading this chapter; (6) an engineer licensed under Chapter 1001, Occupations Code,
acting solely in the engineer's professional capacity; (7) a regular employee of a
registered fire protection sprinkler system contractor; or (8) an owner or lessee of
property that: (A) installs a fire protection sprinkler system on the owned or leased
,property for the owner's or lessee's own use or for family members' use; and (B) does
not offer the property for sale or lease before the first anniversary of the date of
installation of the fire protection sprinkler system. (b) This chapter does not authorize an
individual or organization to practice professional engineering other than in compliance
with Chapter 1001, Occupations Code
Section 6003.003 Effect on Local Regulation - Answers- (a) This chapter and the rules
adopted under this chapter have uniform force and effect throughout this state. A
municipality or county may not enact an order, ordinance, or rule requiring a fire
protection sprinkler system contractor to obtain a registration certificate from the
municipality or county. A municipality or county may not impose on a fire protection
sprinkler system contractor qualification or financial responsibility requirements other
than proof of a registration certificate. (b) Notwithstanding any other provision of this
chapter, a municipality or county may require a fire protection sprinkler system
contractor to obtain a permit and pay a permit fee for the installation of a fire protection
sprinkler system and require the installation of a fire protection sprinkler system to
conform to the building code or other construction requirements of the municipality or
county. (c) A municipal or county order, ordinance, or rule in effect on September 1,
1983, is not invalidated because of any provision of this chapter.
Section 6003.051 Administration of Chapter - Answers- (a) The department shall
administer this chapter. (b) The commissioner may issue rules necessary to administer
this chapter through the state fire marshal.
Section 6003.052 Adoption of Rules - Answers- (a) In adopting necessary rules, the
commissioner may use recognized standards, including standards: (1) adopted by
federal law or regulation; (2) published by a nationally recognized standards-making
organization; or (3) developed by individual manufacturers. (b) Under rules adopted
under Section 6003.051(b), the department may create a specialized licensing or
registration program for fire protection sprinkler system contractors.
Section 6003.053 Rules Restricting Advertising or Competitive Bidding - Answers- (a)
The commissioner may not adopt rules restricting advertising or competitive bidding by
the holder of a license or registration certificate issued under this chapter except to
prohibit false, misleading, or deceptive practices. (b) In the commissioner's rules to
prohibit false, misleading, or deceptive practices, the commissioner may not include a
rule that: (1) restricts the use of any medium for advertising; (2) restricts the use of a
license or registration certificate holder's personal appearance or voice in an
advertisement; (3) relates to the size or duration of an advertisement by the license or
registration certificate holder; or (4) restricts the license or registration certificate
holder's advertisement under a trade name.
Section 6003.054 General Powers and Duties of Commissioner, State Fire Marshal, and
Department - Answers- (a) The commissioner may delegate authority to exercise all or
part of the commissioner's functions, powers, and duties under this chapter, including
the issuance of licenses and registration certificates, to the state fire marshal. The state
, fire marshal shall implement the rules adopted by the commissioner for the protection
and preservation of life and property in controlling: (1) the registration of an individual or
an organization engaged in the business of planning, selling, installing, maintaining, or
servicing fire protection sprinkler systems; and (2) the requirements for the plan, sale,
installation, maintenance, or servicing of fire protection sprinkler systems by: (A)
determining the criteria and qualifications for registration certificate and license holders;
(B) evaluating the qualifications of an applicant for a registration certificate to engage in
the business of planning, selling, installing, maintaining, or servicing fire protection
sprinkler systems; (C) conducting examinations and evaluating the qualifications of a
license applicant; and (D) issuing registration certificates and licenses to qualified
applicants. (b) The commissioner shall establish a procedure for reporting and
processing complaints relating to the business of planning, selling, installing,
maintaining, or servicing fire protection sprinkler systems in this state
Section 6003.055 Fees - Answers- (a) The commissioner shall set the fee for: (1) a
registration certificate application in an amount not to exceed $100; (2) an initial or
renewal registration certificate in an amount not to exceed $1,200 annually; and (3) an
initial or renewal responsible managing employee license fee in an amount not to
exceed $200 annually. (b) Unless the examination for a responsible managing
employee license is administered by a testing service, the commissioner shall set a
nonrefundable fee for each examination in an amount not to exceed $100. (c) The
commissioner shall set a fee in an amount not to exceed $70 for: (1) a duplicate
registration certificate or license issued under this chapter; or (2) any request requiring
changes to a registration certificate or license.
Section 6003.056 Deposit in Operating Account - Answers- All fees collected under this
chapter shall be deposited in the state treasury to the credit of the Texas Department of
Insurance operating account for use in administering this chapter.
Section 6003.151 Fire Protection Sprinkler System Contractor; Registration Certificate
Required - Answers- (a) Unless the individual or organization holds a registration
certificate issued by the department, an individual or organization may not plan, sell,
install, maintain, or service a fire protection sprinkler system. (b) An applicant for a
registration certificate must apply to the department on a form prescribed by the
commissioner. (c) An organization that is a partnership or joint venture is not required to
register under the name of the organization if each partner or joint venturer holds a
registration certificate.
Maintenance - Answers- the maintenance of a fire protection sprinkler system or any
part of a fire protection sprinkler system in the condition of repair that provides
performance as originally planned.
Organization - Answers- a corporation, a partnership or other business association, a
governmental entity, or any other legal or commercial entity.
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