Tex. Government Code § 419.909 — TX Code / Code gv / Chapter 419 / Section 419.909
§ 419.909. FIRE SAFETY INSPECTIONS.
Status: in_force

(a) Except as provided by Subsection (a-1), only an individual certified by the commission as a fire inspector may conduct a fire safety inspection required by a state or local law, rule, regulation, or ordinance. The following entities may provide training related to fire safety inspections:

(1) the commission or a training facility certified by the commission;

(2) the State Firefighters' and Fire Marshals' Association of Texas or a training facility approved by that association;

(3) any state agency with authority over fire safety inspections; or

(4) any local agency authorized to provide the training by a state agency described by Subdivision (3).

(a-1) Subject to Subsection (a-2), for purposes of conducting a fire safety inspection under Subsection (a), an individual is not required to be certified by the commission if:

(1) the individual:

(A) has completed a course of training on fire safety inspections offered by an entity described by Subsection (a) that complies with NFPA Standard 1031: Fire Inspector I, 2014 Edition, "Standard for Professional Qualifications for Fire Inspector and Plan Examiner," as published by the National Fire Protection Association;

(B) is:

(i) a member of a volunteer fire department; or

(ii) authorized to conduct fire safety inspections by a municipality in which an emergency services district is located if the municipality has adopted a fire safety code; and

(C) has not been convicted of an offense that involves family violence, as defined by Section 71.004, Family Code, or a felony; and

(2) the inspection is conducted in:

(A) a county with a population of less than 100,000; or

(B) a political subdivision of this state that employs fewer than five firefighters regulated by the commission.

(a-2) A volunteer fire department or a municipality described by Subsection (a-1)(1)(B)(ii) may obtain an individual's criminal history record information for use in conducting a criminal history background check before authorizing the individual to conduct fire safety inspections.

(b) A fire safety inspection required by a state or local law, rule, regulation, or ordinance must be conducted in accordance with:

(1) the most recent local fire code; or

(2) the most recent fire code adopted by the state fire marshal.

(b-1) A fire safety inspection of a public or private school, including an open-enrollment charter school, required by a state or local law, rule, regulation, or ordinance must include an examination of each automated external defibrillator, as defined by Section 779.001, Health and Safety Code, on the school campus to determine whether the defibrillator is fully functional, which must include verifying that that defibrillator's pads and battery have not expired and that the defibrillator's status indicator light indicates that the device is ready for use. A representative of the school campus shall present each automated external defibrillator for inspection.

(b-2) A person who conducts a fire safety inspection described by Subsection (b-1) must:

(1) provide a written report of the inspection and any relevant paperwork pertaining to the findings of the inspection to:

(A) if the inspection is of a public school, the principal of the school and the superintendent of the applicable school district; or

(B) if the inspection is of a private school, the director of the school; and

(2) at the time the person provides the report as required by Subdivision (1), indicate on the report the method by which, and the time and date on which, the person provided the report to the appropriate person under that subdivision.

(b-3) The report required under Subsection (b-2) must be filed:

(1) at the school campus to which the report relates; and

(2) according to the year in which the inspection occurred.

(c) This section does not apply to state agency personnel who conduct a life safety code survey of a building or facility in connection with determining whether to issue or renew a license under Chapter 142, 241, 242, 243, 244, 245, 247, 248, 251, 252, 464, 466, or 577, Health and Safety Code, or Chapter 103, Human Resources Code.