TFM08 TEST
Fire 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.
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.
Registration certificate - ANSWERS-the document issued to a fire protection
sprinkler system contractor authorizing the contractor to engage in business in
this state
Responsible managing employee - ANSWERS-an individual designated by a
company that plans, sells, installs, maintains, or services fire protection sprinkler
systems to ensure that each fire protection sprinkler system, as installed,
maintained, or serviced, meets the standards for the system as provided by law.
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