The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
(1) Apprentice--A person to whom a permit has been
issued by the state fire marshal to perform various acts of service
or installation while under the direct supervision of a person working
for the same firm and holding a valid fire extinguisher service license
to perform such acts.
(2) Business--The planning, certifying, installing,
leasing, renting, selling, or servicing of portable fire extinguishers
or fixed fire extinguisher systems.
(3) Certificate--The certificate of registration issued
by the state fire marshal.
(4) Certify--To attest to the proper planning, installing,
or servicing of portables and systems by attaching a completed service
tag or other form required by a governmental authority.
(5) Commissioner--The commissioner of insurance.
(6) Department--The Texas Department of Insurance.
(7) DOT Specification Fire Extinguisher Cylinder--All
fire extinguisher cylinders manufactured, tested and stamped with
the specification number as required by the United States Department
(8) DOT Nonspecification Fire Extinguisher Cylinder--All
fire extinguisher cylinders manufactured and tested but not stamped
with a specification number as required by the United States Department
of Transportation. These cylinders may be marked by a label with the
words "Meets DOT Requirements."
(9) Installation--The initial placement of a portable
or fixed fire extinguisher system or an extension or alteration after
(10) License--The license issued by the state fire
marshal to an employee of a registered firm.
(11) NFPA--The National Fire Protection Association,
Inc., a nationally recognized standards-making organization.
(12) NICET--National Institute for the Certification
in Engineering Technologies.
(13) Outsource testing service--The testing service
selected by the state fire marshal to administer certain designated
qualifying tests for licenses under this subchapter.
(14) Person--A natural person.
(15) Plan--To lay out, detail, draw, calculate, devise,
or arrange an assembly of detection or suppression devices and appurtenances
in accordance with either fire protection standards adopted in this
subchapter or specifications specially designed by a Texas registered
professional engineer acting solely in his professional capacity.
(16) Registered firm--A person, partnership, corporation,
or association holding a current certificate of registration.
(17) Shop--A facility, whether at a specific location
or in a mobile unit, of a registered firm where servicing, repairing,
or hydrostatic testing is performed and where parts and equipment,
which are required by this subchapter or in the adopted standards,
(18) Test--The act of subjecting a portable or fixed
system to any procedure necessary to determine whether it is properly
installed or operates correctly.
(19) Direct supervision--The oversight by a licensee
of the services performed by another licensee or permittee. The licensee,
performing the direct supervision at the shop, must be present at
all times on the premises where the supervised licensee or permittee
is performing the service. When not at the shop, the individual being
supervised must be within sight of the licensee performing the direct
supervision when installing or servicing portable fire extinguishers
or pre-engineered fixed fire extinguisher systems. The licensee performing
the direct supervision of an engineered fixed fire extinguisher system
is not required to be on-site at all times when the installation is
|Source Note: The provisions of this §34.506 adopted to be effective December 5, 1984, 9 TexReg 6006; amended to be effective April 14, 1989, 14 TexReg 1632; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective March 23, 1994, 19 TexReg 1682; amended to be effective December 14, 1994, 19 TexReg 9526; amended to be effective September 20, 1995, 20 TexReg 7077; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective August 26, 2001, 26 TexReg 6105; amended to be effective June 3, 2004, 29 TexReg 5402; amended to be effectiveSeptember 20, 2004, 29 TexReg 9006; amended to be effective April 1, 2006, 31 TexReg 1706; amended to be effective February 14, 2013, 38 TexReg 662