28 Tex. Admin. Code § 34.514 - Applications
(a) Certificates of
registration.
(1) Applications for
certificates and branch office certificates must be submitted on forms provided
by the state fire marshal and accompanied by all other information required by
Insurance Code Chapter 6001, concerning Fire Extinguisher Service and
Installation, and this subchapter. An application will not be deemed complete
until all required forms and documents have been received in the State Fire
Marshal's Office.
(2) Applications
must be signed by the sole proprietor, or by each partner of a partnership, or
by an officer of a corporation. For corporations, the application must be
accompanied by the corporate charter of a Texas corporation, or, in the case of
a foreign corporation, a copy of the Texas certificate of authority to do
business. For applicants using an assumed name, the application must be
accompanied by evidence of compliance with the Assumed Business or Professional
Name Act, Texas Business and Commerce Code Chapter 71. The application must
also include written authorization by the applicant permitting the state fire
marshal or the state fire marshal's representative to enter, examine, and
inspect any premises, building, room, or establishment used by the applicant
while engaged in the business to determine compliance with the provisions of
Insurance Code Chapter 6001 and this subchapter.
(3) For corporations, the application must
also include the corporate taxpayer identification number, the charter number,
and a copy of the corporation's current franchise tax certificate from the
State Comptroller's Office showing it is in active status.
(4) Applications for Type C certificates must
be accompanied by a copy of the U.S. DOT letter registering the applicant's
facility and that issues a registration number to the facility.
(5) The applicant must comply with the
following requirements concerning liability insurance.
(A) The state fire marshal will not issue a
certificate of registration under this subchapter unless the applicant files a
proof of liability insurance with the State Fire Marshal's Office. The
insurance must include products and completed operations coverage.
(B) Each registered firm must maintain in
force and on file in the State Fire Marshal's Office the certificate of
insurance as required.
(C) Evidence
of public liability insurance, as required by Insurance Code §
6001.154, concerning
Required Insurance Coverage for Registration Certificate, must be in the form
of a certificate of insurance executed by an insurer authorized to do business
in this state.
(D) If a certificate
of registration is to be issued in the name of a corporation, the corporate
name must be used on the applicable insurance forms. If the corporation is
obtaining a certificate of registration in an assumed name, the insurance must
be issued to the corporation doing business as (dba) the assumed name. Example:
XYZ Corporation, dba XXX Extinguisher Service.
(E) Insurance issued for a partnership must
be issued to the name of the partnership or to the names of all the individual
partners.
(F) Insurance for a
proprietorship must be issued to the individual owner. If an assumed name is
used, the insurance must be issued to the individual doing business as "dba"
followed by the assumed name. Example: William Jones, dba XXX Extinguisher
Service.
(b)
Fire extinguisher licenses.
(1) Original
applications for a license from an employee of a firm engaged in the business
must be submitted on forms provided by the state fire marshal and accompanied
by a criminal history report from the Texas Department of Public Safety and all
other information required by Insurance Code Chapter 6001 and this
subchapter.
(2) For a natural
person to be eligible for a Type A, K, or PL license, the natural person must
start the application or registration process by submitting a formal request
for a fingerprint service code by completing the fingerprinting process
information required on the department's website at
www.tdi.texas.gov/fire/fingerprinting-process.html.
The requesting natural person must submit information necessary to complete the
fingerprint service code request, including: the natural person's name, natural
person's state of residence, natural person's email address, and license type
the natural person is applying for.
(3) Applications for Type A and Type K
licenses must be accompanied by a written statement from the certificate holder
(employer) certifying that the applicant meets the minimum requirements of §
34.511(e)(4) of
this title (relating to Fire Extinguisher Licenses) and is competent to install
or service fixed systems.
(4)
Applications for Type PL licenses must be accompanied by one of the following
documents to evidence technical qualifications for a license:
(A) proof of registration in Texas as a
professional engineer; or
(B) a
copy of the National Institute for Certification in Engineering Technologies
(NICET) notification letter regarding the applicant's successful completion of
examination requirements for certification at Level III for Special Hazard
Systems Layout or Special Hazard Suppression Systems.
(5) All applications must indicate if the
individual is an employee or agent of the registered firm.
(A) If the individual is an employee of the
registered firm, the State Fire Marshal's Office may request from the
registered firm verification of employment of the individual.
(B) If the individual is an agent of the fire
extinguisher firm, the State Fire Marshal's Office may request that the firm
provide a letter or other document acceptable to the State Fire Marshal's
Office, issued by the firm's insurance company, verifying the policy number and
that the acts of the individual are covered by the same insurance policy
required by this subchapter to obtain the firm's registration. If required, the
verifying document must be submitted to the State Fire Marshal's Office before
a license will be issued or when there is a change in the licensee's registered
firm. Unless otherwise required by the State Fire Marshal's Office, renewal of
a license does not require insurance verification unless there has been a
change in the insurance carrier.
(c) Complete application required for
renewal. Renewal applications for certificates of registration and licenses
must be submitted on forms provided by the state fire marshal and accompanied
by a criminal history report obtained through the Texas Department of Public
Safety and by all other information required by Insurance Code Chapter 6001 and
this subchapter. An application will not be deemed complete until all required
forms and documents have been received in the State Fire Marshal's
Office.
(d) Timely filed. A license
or registration expires at 12:00 midnight on the date printed on the license or
registration. A renewal application and fee for license or registration must be
postmarked on or before the date of expiration to be accepted as timely. If a
renewal application is not complete but there has been no lapse in the required
insurance, the applicant will have 30 days from the time the applicant is
notified by the State Fire Marshal's Office of the deficiencies in the renewal
application to submit any additional requirement. If an applicant fails to
respond and correct all deficiencies in a renewal application within the 30-day
period, a late fee may be charged.
(e) Requirements for applicants holding
licenses from other states. An applicant holding a valid license in another
state who desires to obtain a Texas license through reciprocity must submit the
following documentation with the application in addition to all other
information required by Insurance Code Chapter 6001 and this subchapter:
(1) a letter of certification from the
licensing entity of another state certifying the applicant holds a valid
license in that state; and
(2)
additional information from the state detailing material content of any
required examination used to qualify for license, including NFPA or other
standards, if applicable.
(f) Apprentice permits. Each person employed
as an apprentice by a firm engaged in the business must make application for a
permit on a form provided by the state fire marshal, accompanied by a criminal
history report from the Texas Department of Public Safety, and accompanied by
the required application fee.
(1) For a
natural person to be eligible for an apprentice permit, the natural person must
start the application or registration process by submitting a formal request
for a fingerprint service code by completing the fingerprinting process
information required on the department's website at
www.tdi.texas.gov/fire/fingerprinting-process.html,
as specified in paragraph (2) of this subsection.
(2) The requesting natural person must submit
information necessary to complete the fingerprint service code request,
including: the natural person's name, natural person's state of residence,
natural person's email address, and license type the natural person is applying
for.
(g) Complete
applications. The application form for a license or registration must be
accompanied by the required application fee and must, within 180 days of
receipt by the State Fire Marshal's Office of the initial application, be
complete and accompanied by all other information required by Insurance Code
Chapter 6001 and this subchapter, or a new application must be submitted,
including all applicable fees.
Notes
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