reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-101 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Department" means the department of commerce and insurance;
(2)
"Fire protection sprinkler system" means an assembly of underground or overhead piping or conduit, including fire pumps, valves and fire hydrants, that conveys water or other agents to dispersal openings or devices to extinguish, control or contain fire and to provide protection from exposure to fire or other products of combustion; provided, that "fire protection sprinkler system" does not include public water service mains;
(3)
"Fire protection sprinkler system contractor" means a person that contracts, offers to contract or represents that the person is able to contract with a general contractor, subcontractor or the general public for the undertaking of the sale, installation or service of a fire protection sprinkler system or any part of a fire protection sprinkler system or that actually installs or services a fire protection sprinkler system; provided, that an owner of real property on which a fire protection sprinkler system is located or a full-time employee of the owner of real property on which a fire protection sprinkler system is located may perform simple maintenance of the fire protection sprinkler system, such as replacing a sprinkler head;
(4)
"Installation" means the initial placement of fire protection equipment or the extension, modification or alteration of equipment after initial placement. "Installation" includes work throughout the entire fire protection sprinkler system;
(5)
"Person" means a natural person, sole proprietorship, partnership, corporation, governmental entity or any other legal entity;
(6)
"Responsible managing employee" means an individual who is or is designated to be in active and responsible charge of the work of a fire protection sprinkler system contractor; and
(7)
"Work in progress" means any work for which bids are complete and a contractual agreement has been reached among the parties but the necessary labor to fulfill the contract is not yet complete.
Acts 1984, ch. 949, § 1; 1985, ch. 209, § 1; 1986, ch. 721, § 17; 1987, ch. 268, § 1; 2002, ch. 624, §§ 1 - 3; 2005, ch. 183, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-102 - Exemptions

This part shall not apply to:
(1)
A registered professional architect or engineer acting solely in that professional capacity;
(2)
A regular employee of a fire protection sprinkler system contractor acting under its control and supervision; or
(3)
A person selling or supplying products or materials to a registered fire protection sprinkler system contractor.
Acts 1984, ch. 949, § 2; 1985, ch. 209, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-103 - Administration of part - Rules - Testing materials

(a)
This part shall be administered by the department.
(b)
The state fire marshal may promulgate rules that are reasonably necessary to ensure the effective administration of this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
The National Institute for Certification in Engineering Technology (NICET) testing material shall be used to determine qualification to act as a responsible managing employee. The testing materials shall be reviewed for any changes by the department on an annual basis to determine their consistency with the purposes, goals and application of this part.
Acts 1984, ch. 949, § 3; 1985, ch. 209, § 3; 2005, ch. 183, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-104 - Prohibited activities

No person shall:
(1)
Act as a fire protection sprinkler system contractor without a valid certificate of registration issued by the department; provided, that a partnership or joint venture may act as a fire protection sprinkler system contractor without a certificate of registration if and only if each partner or joint venturer is duly registered;
(2)
Act as a fire protection sprinkler system contractor under a certificate of registration without having on staff a responsible managing employee who holds a valid license issued by the department. A person holding a valid certificate of registration may continue work in progress for ninety (90) days after the death or disassociation of its licensed responsible managing employee or for a longer period that may be approved pursuant to rules adopted under this part;
(3)
Act as a responsible managing employee for a fire protection sprinkler system contractor without a valid license issued by the department; or
(4)
Sell, install or service a fire protection sprinkler system in violation of this part or the rules adopted under this part.
Acts 1984, ch. 949, § 4; 1985, ch. 209, § 4; 1987, ch. 268, §§ 2, 3; 2005, ch. 183, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-105 - Application for certification of registration as contractor

(a)
An application for a certificate of registration as a fire protection sprinkler system contractor shall be submitted on a form prescribed by the department.
(b)
The application shall be accompanied by:
(1)
A nonrefundable application fee in an amount not to exceed one hundred dollars ($100); and
(2)
A surety bond executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee in the amount of ten thousand dollars ($10,000). The bond shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of an employee, servant, officer or agent in the conduct of business of the fire protection sprinkler system contractor. Any person so injured or aggrieved may sue directly on the bond without assignment of the bond.
(c)
The bonding requirement of this section shall not apply to any person who is licensed to engage in fire protection sprinkler system work by the board for licensing contractors under chapter 6 of this title.
Acts 1984, ch. 949, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-106 - Application for license as responsible managing employee

(a)
An application for a license as a responsible managing employee shall be submitted on a form prescribed by the department and shall be accompanied by a nonrefundable application fee in an amount not to exceed twenty-five dollars ($25.00).
(b)
One (1) of the following documents must accompany the application to evidence technical qualifications for a license:
(1)
Proof of registration in this state as a professional engineer or architect; or
(2)
A copy of a NICET notification letter regarding the applicant's successful completion of the examination requirements for certification at Level III for fire protection automatic sprinkler systems layout.
Acts 1984, ch. 949, § 6; 1985, ch. 209, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-107 - Issuance of certificates and licenses - Copies - Transferability

(a)
(1)
The department shall issue to qualified applicants a certificate of registration as a fire protection sprinkler system contractor upon receipt of a fee in an amount not to exceed five hundred dollars ($500).
(2)
The department shall issue to qualified applicants a license as a responsible managing employee upon receipt of a fee in an amount not to exceed two hundred dollars ($200).
(3)
Upon written request, the department shall issue a revised certificate.
(b)
Upon written request accompanied by a fee in an amount not to exceed seventy-five dollars ($75.00), the department shall issue a duplicate certificate of registration or license.
(c)
No certificate of registration or license shall be transferable.
(d)
No certificate of registration or license will be issued to any individual under eighteen (18) years of age.
Acts 1984, ch. 949, § 7; 1985, ch. 209, § 6; 2005, ch. 183, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-108 - Posting of certificates and licenses - Number and expiration date to be conspicuous

(a)
Each certificate of registration and license issued under this part shall be conspicuously posted in the fire protection sprinkler system contractor's place of business.
(b)
All bids, advertising, promotions or solicitations for the sale, installation or service of fire protection sprinkler systems shall prominently indicate the certificate of registration number and expiration date of the fire protection sprinkler system contractor.
Acts 1984, ch. 949, § 8; 1987, ch. 268, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-109 - Bond requirements - Effect of invalid bond - Liability of surety

(a)
The bond required by §
62-32-105
shall be in effect at all times and places in which the fire protection sprinkler system contractor engages in business in this state. If the bond ceases to be in effect, the certificate of registration of the contractor shall become invalid.
(b)
In no event shall the aggregate liability of the surety exceed the amount of the bond.
Acts 1984, ch. 949, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-110 - Expiration of certificates and licenses - Notice - Renewal - Fees

(a)
At least thirty (30) days before the expiration of a certificate of registration or license, the department shall send written notice of the impending expiration to the registrant or licensee at the registrant's or licensee's last known address.
(b)
All certificates of registration and licenses issued under this part shall expire on June 30 of each year and shall be invalid on that date unless renewed. The certificates and licenses may be renewed on or before the expiration date by remitting to the department a renewal fee not to exceed two hundred dollars ($200).
(c)
Certificates of registration and licenses shall be subject to late renewal for a period of ninety (90) days following their expiration date by payment of the renewal fee plus a penalty of one half (1/2) of the renewal fee. Any person desiring reinstatement thereafter must reapply for registration or licensure.
Acts 1984, ch. 949, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-111 - Refusal to issue or renew certificate or license - Suspension or revocation

The state fire marshal may refuse to issue, renew, suspend, or revoke a certificate of registration or license under this part, if the state fire marshal finds that the applicant, registrant, or licensee has violated this part or any rule lawfully promulgated under this part, including, but not limited to:
(1)
Obtaining or attempting to obtain a certificate of registration or license by fraudulent misrepresentation; or
(2)
Willfully or consistently failing to comply with any applicable code or standard relating to the sale, installation, or service of fire protection sprinkler systems.
Amended by 2015 Tenn. Acts, ch. 381,s 1, eff. 5/8/2015.
Acts 1984, ch. 949, § 11; 1985, ch. 209, § 7; 1987, ch. 268, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-112 - Submission of installation plans for review

A registered fire protection sprinkler system contractor, through its responsible managing employee, may submit shop drawings of proposed fire protection sprinkler system installations in projects whose construction plans and specifications are subject to review by the department. Upon receipt of the prescribed review fee, the department shall review and approve or disapprove the shop drawings.
Acts 1984, ch. 949, § 12; 1985, ch. 209, § 8; 2005, ch. 183, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-113 - Disposition of fees

All fees collected under this part shall constitute expendable receipts of the department for use in administering this part.
Acts 1984, ch. 949, § 16; 2005, ch. 183, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-114 - Uniformity of application and effect - Powers of political subdivisions

This part and the rules promulgated under this part shall have uniform force and effect throughout the state. No political subdivision of this state may adopt or enforce any order, ordinance, rule or regulation requiring any person to obtain any form of permission from the political subdivision to act as a fire protection sprinkler system contractor. A political subdivision may require a fire protection sprinkler system contractor to pay for and obtain a permit for the installation of a fire protection sprinkler system and require the installation to conform with applicable building codes and requirements; however, the political subdivision may not impose on fire protection sprinkler system contractors qualification or financial responsibility requirements other than proof of a valid certificate of registration issued under this part.
Acts 1984, ch. 949, § 15.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-115 - Act supplemental

This part is supplemental to chapter 6 of this title.
Acts 1984, ch. 949, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-116 - Procedure governing contested cases

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.
Acts 1984, ch. 949, § 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 1 - FIRE PROTECTION SPRINKLER SYSTEMS (§§ 62-32-101 — 62-32-117) › Section 62-32-117 - Penalties

(a)
A violation of this part or any rule lawfully promulgated under this part is a Class B misdemeanor.
(b)
In addition to the penalty set forth in subsection (a):
(1)
The state fire marshal shall, upon receipt of the first violation, send a written notice of violation which shall include the possible actions that may be taken in response to any second or subsequent violation;
(2)
The state fire marshal may issue the following civil penalties for second or subsequent violations of this part or the rules lawfully promulgated under this part:
(A)
For a second violation, a civil penalty not to exceed one hundred dollars ($100);
(B)
For a third violation, a civil penalty not to exceed five hundred dollars ($500); and
(C)
For a fourth or subsequent violation, a civil penalty not to exceed one thousand dollars ($1,000).
Amended by 2015 Tenn. Acts, ch. 381,s 2, eff. 5/8/2015.
Acts 1984, ch. 949, § 14; 1989, ch. 591, § 112.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-201 - Purpose of part

The purpose of this part is to regulate the leasing, selling and servicing of portable fire extinguishers and the installing and servicing of fixed fire extinguisher systems (nonwater) in the interest of safeguarding lives and property.
Acts 1986, ch. 721, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-202 - Administration of part - Promulgation of rules and regulations

The commissioner of commerce and insurance shall administer this part and may promulgate rules and regulations that the commissioner considers necessary. The commissioner, in adopting necessary rules and regulations, may use recognized standards such as, but not limited to, those of the National Fire Protection Association, those recognized by federal law or regulation, those published by any nationally recognized standards-making organization or those in the manufacturer's installation manuals. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1986, ch. 721, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-203 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of commerce and insurance;
(2)
"Department" means the department of commerce and insurance;
(3)
"Division" means the division of fire prevention;
(4)
"Extinguisher specialist" means an individual who is or is designated to be in active and responsible charge of the work of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems;
(5)
"Extinguisher technician" means an individual who may perform the work of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems and who services portable extinguishers or fixed systems only under direct supervision of a licensed extinguisher specialist;
(6)
"Firm" means any person, partnership, corporation or association offering service and servicing of portable fire extinguishers or fixed fire extinguisher systems, including installation;
(7)
"Fixed fire extinguisher system" means a device mounted to a permanent structure and containing powder, liquid or gases that can be expelled under pressure for the purpose of suppressing or extinguishing a fire;
(8)
"Hydrostatic testing" means pressure testing by hydrostatic methods;
(9)
"Portable fire extinguisher" means a portable device containing powder, liquid or gases that can be expelled under pressure for the purpose of suppressing or extinguishing a fire; and
(10)
"Service and servicing" means servicing portable fire extinguishers or fixed fire extinguisher systems by charging, filling, maintaining, recharging, refilling, repairing or testing.
Acts 1986, ch. 721, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-205 - Label of approval - Certificates and licenses must be current - Employees - Transferability of certificates, licenses and permits

(a)
No portable fire extinguisher or fixed fire extinguisher system may be leased, sold or installed in this state unless it carries a label of approval of a testing laboratory approved by the department.
(b)
Except as provided in §
62-32-206
, only the holder of a current and valid certificate of registration or an extinguisher specialist license issued pursuant to this part may service portable fire extinguishers or install or maintain fixed fire extinguisher systems.
(c)
A person who has been issued a license pursuant to this part to service portable fire extinguishers or install and service fixed fire extinguisher systems must be an employee, agent or servant of a firm that holds a certificate of registration issued pursuant to this part.
(d)
A certificate of registration, license or permit issued under this part is not transferable.
Acts 1986, ch. 721, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-206 - Exemptions

This part does not apply to:
(1)
The filling or charging of a portable fire extinguisher by the manufacturer prior to its initial sale;
(2)
The servicing by a firm of its own portable fire extinguishers or fixed systems, or both, by its own personnel specially trained for such servicing;
(3)
The sale, installation, maintenance or service of a fire protection sprinkler system by a fire protection sprinkler contractor registered pursuant to part 1 of this chapter;
(4)
Firms engaged in the retailing or wholesaling of portable fire extinguishers as defined in §
62-32-203
, but not engaged in the installation or recharging of them; or
(5)
Fire departments recharging portable fire extinguishers as a public service where no charge is made; provided, that members of the fire department performing such a public service shall be trained in the proper filling and recharging of the fire extinguishers.
Acts 1986, ch. 721, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-207 - Prohibited practices

No person may:
(1)
Engage in the business of servicing portable fire extinguishers without a current certificate of registration;
(2)
Engage in the business of installing or servicing fixed fire extinguisher systems without a current certificate of registration;
(3)
Service portable fire extinguishers or service or install fixed fire extinguisher systems without a current license;
(4)
Perform hydrostatic testing of portable fire extinguishers without a valid authorization to do such work;
(5)
Obtain or attempt to obtain a certificate of registration or license by fraudulent representation;
(6)
Service portable fire extinguishers or service or install fixed fire extinguisher systems contrary to this part or the rules and regulations formulated and administered under the authority of this part;
(7)
Service or perform hydrostatic testing of a fire extinguisher that does not have a label of approval of a testing laboratory approved by the department;
(8)
Sell, service or recharge a carbon tetrachloride fire extinguisher; or
(9)
Sell, rent or lease a portable fire extinguisher that has not been approved as provided by §
62-32-205(a)
.
Acts 1986, ch. 721, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-208 - Violations - Nonissuance, nonrenewal, suspension or revocation of certificates, licenses or permits

The commissioner may refuse to issue, renew, suspend, or revoke a certificate of registration, license, or permit, if the commissioner finds that the applicant, registrant, licensee, or permit holder has violated this part or any rule lawfully promulgated under this part.
Amended by 2015 Tenn. Acts, ch. 381,s 3, eff. 5/8/2015.
Acts 1986, ch. 721, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-209 - Applicability of administrative procedures

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters concerning the hearing and judicial review of any contested case arising under this part.
Acts 1986, ch. 721, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-210 - Certificates, licenses and permits - Application and reapplication - Renewal - Reexamination where license revoked - Continuing education

(a)
Applications and qualifications for licenses, permits and certificates issued under this part shall be made pursuant to regulations adopted by the commissioner.
(b)
An applicant, registrant, licensee or permit holder whose certificate of registration, license or permit has been refused or revoked under this part may not file another application for a certificate of registration, license or permit within one (1) year from the effective date of the refusal or revocation. After one (1) year from that date, the applicant may reapply and show good cause why the issuance of the applicant's certificate of registration, license or permit is not against the public safety and welfare.
(c)
A person whose license to service portable fire extinguishers or to install or service fixed fire extinguisher systems has been revoked must retake and pass the required written examination by the manufacturer before a new license may be issued.
(d)
An unexpired license or registration may be renewed by paying the required renewal fee to the department before the expiration date of the license or registration. If a license or registration has been expired for no longer than ninety (90) days, the license or registration may be renewed by paying to the division the required renewal fee and a fee that is one half (1/2) of the original fee for the license or registration. If a license or registration has been expired for longer than ninety (90) days but less than two (2) years, the license or registration may be renewed by paying the division all unpaid renewal fees and a fee that is equal to the original fee for the license or registration. If a license or registration has been expired for two (2) years or longer, the license or registration may not be renewed. A new license or certificate of registration may be obtained by complying with the requirements and procedures for obtaining an original license or registration. At least thirty (30) days before the expiration of a license or registration, the division shall send written notice of the impending license or registration expiration to the licensee or registrant at the licensee's or registrant's last known address. This subsection (d) may not be construed to prevent the board from denying or refusing to renew a license under applicable law or rules of the department.
(e)
The commissioner may promulgate rules under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the certifying of continuing education programs for persons licensed under this part.
Acts 1986, ch. 721, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-211 - Powers and duties of commissioner

The commissioner shall:
(1)
Formulate and administer rules and regulations as may be determined essentially necessary for the protection and preservation of life and property, in controlling the:
(A)
Registration of firms engaging in the business of servicing portable fire extinguishers or installing and maintaining fixed fire extinguisher systems;
(B)
Registration of firms engaging in the business of hydrostatic testing of portable fire extinguishers;
(C)
Examining of applications of persons applying for a license to service portable fire extinguishers for proper qualification;
(D)
Licensing of persons to service portable fire extinguishers and install fixed fire extinguisher systems; and
(E)
Requirements for the servicing of portable fire extinguishers and the maintenance of fixed fire extinguisher systems;
(2)
Evaluate the qualifications of firms or individuals for a certificate of registration to engage in the business of servicing portable fire extinguishers or installing fixed fire extinguisher systems;
(3)
Issue certificates of registration for those firms that qualify under the rules and regulations to engage in the business of servicing portable fire extinguishers or installing and servicing fixed fire extinguisher systems and issue licenses, extinguisher technician permits and authorizations to perform hydrostatic testing to the firms or individuals who qualify; and
(4)
Evaluate the qualifications of firms seeking approval as testing laboratories for portable fire extinguishers and fixed fire extinguisher systems.
Acts 1986, ch. 721, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-212 - Fees constitute expendable receipts

All fees collected under this part constitute expendable receipts of the department for use in administering this part.
Acts 1986, ch. 721, § 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-213 - Applicability of provisions - State preemption of regulatory field

This part and the rules promulgated under this part shall have uniform force and effect throughout the state. No political subdivision of this state may adopt and enforce any order, ordinance, rule or regulation requiring any person to obtain any form of permission from the political subdivision to act as a fire extinguisher firm. A political subdivision may require a fire extinguisher system contractor to pay for and obtain a permit for the installation of fire extinguisher systems and require the installation to conform with applicable building codes and requirements; however, the political subdivision may not impose on fire extinguisher system firms qualification or financial responsibility requirements other than proof of a valid certificate of registration issued under this part.
Acts 1986, ch. 721, § 14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-214 - Surety bond - Alternatives to bond

(a)
A surety bond shall be executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee in the amount of ten thousand dollars ($10,000). The bond shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of any employee, servant, officer or agent in the conduct of business of the fire extinguisher system firm. Any person so injured or aggrieved may sue directly on the bond without assignment of the bond.
(b)
The bond shall be in effect at all times and places in which the fire extinguisher system firm engages in business in this state. If the bond ceases to be in effect, the certificate of registration of the firm shall become invalid.
(c)
The aggregate liability of the surety shall not exceed the amount of the bond.
(d)
The bonding requirement of this section does not apply to any person who is licensed to engage in fire protection sprinkler system work by the board for licensing contractors under chapter 6 of this title.
(e)
In lieu of the surety bond required by this section, the applicant may deposit with the division:
(1)
A federally insured certificate of deposit issued by any financial institution in this state in an amount no less than ten thousand dollars ($10,000);
(2)
An irrevocable letter of credit issued by any federally insured bank or savings and loan association in an amount no less than ten thousand dollars ($10,000); or
(3)
A written proof of liability insurance coverage provided by a single-limit policy with a limit of no less than one hundred thousand dollars ($100,000) for bodily injury and for damage to property in any one (1) accident. The policy shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of any employee, servant, officer or agent in the conduct of business of the fire extinguisher system firm.
Acts 1986, ch. 721, § 15; Acts 1987, ch. 371, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 2 - FIRE EXTINGUISHERS AND RELATED EQUIPMENT (§§ 62-32-201 — 62-32-215) › Section 62-32-215 - Penalty

(a)
Any person violating this part or any rule lawfully promulgated under this part commits a Class A misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000).
(b)
In addition to the penalty set forth in subsection (a):
(1)
The commissioner shall, upon receipt of the first violation, send a written notice of violation which shall include the possible actions that may be taken in response to any second or subsequent violation;
(2)
The commissioner may issue the following civil penalties for second or subsequent violations of this part or the rules lawfully promulgated under this part:
(A)
For a second violation, a civil penalty not to exceed one hundred dollars ($100);
(B)
For a third violation, a civil penalty not to exceed five hundred dollars ($500); and
(C)
For a fourth or subsequent violation, a civil penalty not to exceed one thousand dollars ($1,000).
Amended by 2015 Tenn. Acts, ch. 381,s 4, eff. 5/8/2015.
Acts 1986, ch. 721, § 16.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-301 - Short title

This part shall be known and may be cited as the "Alarm Contractors Licensing Act of 1991."
Amended by 2021 Tenn. Acts, ch. 294, s 32, eff. 7/1/2021.
Acts 1991, ch. 400, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-302 - Purpose

The purpose of this part is to provide uniform procedures and qualifications throughout this state for the certifying, licensing and regulation of alarm systems contractors and to protect the safety and security of persons and property by assuring the competence of individuals or companies offering alarm systems and services to the general public.
Acts 1991, ch. 400, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-305 - Exclusions from requirements of part

The following persons, firms, associations or corporations are specifically excluded from the requirements of this part:
(1)
Equipment manufacturers not providing direct sales, monitoring or installation of service to system end users;
(2)
Telephone installers/dealers not providing direct sales, monitoring, installation or maintenance service of alarm systems;
(3)
Equipment distributors or suppliers not offering sales, monitoring or installation services directly to the system user;
(4)
Retail stores or catalog sales not offering installation or consulting services to the system user;
(5)
Utility companies not installing, selling, servicing or monitoring alarm systems;
(6)
Sprinkler contractors not providing direct sales, monitoring, installation or maintenance service of alarm systems;
(7)
Electrical, mechanical or HVAC contractors licensed under chapter 6 of this title who do provide direct sales, monitoring, installation or maintenance service of alarm systems, but who derive less than fifty percent (50%) of their gross annual revenues from that business;
(8)
Architects and engineers not providing direct sales, monitoring, installation or maintenance service of alarm systems;
(9)
Individual property owners personally installing an alarm system within the owner's residence or other building not open to the general public;
(10)
Direct sellers and installers dealing exclusively with alarm systems for motor vehicles;
(11)
Locksmiths not providing direct sales, monitoring, installation or maintenance service of alarm systems. Locksmiths who install only mechanical locks or mechanical locks that have an integral alarm as part of their design without electrical components and electromechanical locks such as self-contained, low voltage exit alarm devices that secure a single entry point, that are not part of an integrated system, are also exempt from the requirements of this part;
(12)
A company that does not provide monitoring services and that has fifty million dollars ($50,000,000) or more in annual sales and whose product requires no internal building wiring to install;
(13)
Medical alert or medical monitoring services to individuals made available by a hospital or an affiliate of a hospital;
(14)
The monitoring and minor maintenance of alarm systems by a hospital or an affiliate of a hospital solely for its own use; and
(15)
The sale or installation of delayed egress locks by a company when the locks are used to detect and monitor the wandering of residents of a nursing home.
Acts 1991, ch. 400, § 5; 1993, ch. 429, §§ 7, 10-12; 1996, ch. 848, § 24; 1998, ch. 681, § 1; 2000, ch. 641, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-306 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 294, s 22, eff. 7/1/2021.
Acts 1991, ch. 400, § 6; 1993, ch. 429, § 9; 1996, ch. 848, § 4; 2012 , ch. 619, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-308 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 294, s 24, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 614, s 3, eff. 3/22/2016.
Acts 1991, ch. 400, § 8; 1996, ch. 848, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-309 - Executive director

The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as executive director and shall provide all administrative functions for the commissioner.
Acts 1991, ch. 400, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-310 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 294, s 25, eff. 7/1/2021.
Acts 1991, ch. 400, § 10; 1993, ch. 429, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-311 - Register of applications

(a)
The commissioner shall keep a register of all applications for certification, license or registration, showing on each the date of application, name, qualifications, place of business, place of residence and whether a license or registration was granted or refused.
(b)
The books and register of the commissioner shall be prima facie evidence of all matters recorded in the books and register.
Acts 1991, ch. 400, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-312 - Employee registration - Procedure

(a)
All alarm systems contractor employees with access to records, diagrams, plans or other sensitive information pertaining to monitored, installed or proposed alarm systems shall be registered with the commissioner.
(b)
In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate rules to establish an appropriate system of employee classifications and registration.
(c)
An alarm systems contractor may not employ any employee required to be registered with the commissioner unless the employee is properly registered with the commissioner in compliance with subsection (d) and meets the training requirements of subsection (g).
(d)
All alarm systems contractors, within thirty (30) working days of the beginning of employment of any employee, shall furnish the commissioner with the following:
(1)
A set or sets of classifiable fingerprints on standard FBI/TBI applicant cards;
(2)
A recent color photograph or photographs of acceptable quality for identification; and
(3)
Statements of any criminal records in each area where the employee has resided within the immediately preceding forty-eight (48) months.
(e)
Upon receipt of an application, the commissioner shall cause an FBI/TBI background investigation to be made, during which the applicant shall be required to show that the applicant meets all the following requirements and qualifications, prerequisite to registration or licensure:
(1)
The applicant is at least eighteen (18) years of age;
(2)
The applicant is of good moral character; and
(3)
Registration of an employee shall be for two (2) years and shall be subject to renewal.
(f)
Employee registration pursuant to this section shall be renewed every two (2) years.
(g)
(1)
All alarm system contractor employees who sell, install, or repair alarm systems must successfully complete relevant training, as determined by the commissioner.
(2)
New employees after January 1, 2005, must successfully complete such training within one (1) year of employment.
(3)
Employees not in compliance with this subsection (g) shall not sell, install or repair alarm systems.
(h)
All alarm system contractors shall provide proof of employee training upon request by the commissioner.
(i)
Any costs associated with the alarm system training required by this section shall be the responsibility of and paid by the alarm system contractor who employs the person being trained.
Amended by 2021 Tenn. Acts, ch. 294, s 27, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 294, s 26, eff. 7/1/2021.
Acts 1991, ch. 400, § 12; 1996, ch. 848, §§ 9-12, 22; 2004, ch. 895, §§ 1, 2; 2008 , ch. 1038, §§ 6, 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-314 - Certification as alarm systems contractor - Application - Requirements

(a)
Anyone desiring to be certified as an alarm systems contractor shall make written application to the commissioner on forms prescribed by the commissioner. The application shall be accompanied by an application fee as set by the commissioner. The alarm systems contractor shall:
(1)
Have a regular place of business at a permanent fixed location;
(2)
Have a business license or licenses for the city and county in which the business is located;
(3)
Provide proof of insurance as required by §
62-32-315(a)
;
(4)
Submit an application for certification with the notarized signature of a qualified agent licensed by the commissioner for the classifications of alarm systems being applied for; and
(5)
Submit applications for registration of all employees on forms provided by the commissioner as required by §
62-32-312(d)
and accompanied by registration fees as required by §
62-32-318(a)(5)
.
(b)
Applications for certification shall be on forms prescribed by the commissioner. The application shall disclose any and all persons, firms, associations, corporations or other entities that own or control a ten percent (10%) or greater interest in the applicant. The commissioner may require FBI/TBI background checks and other information deemed necessary by the commissioner from any individual, firm or business owning or controlling ten percent (10%) or greater interest in the applicant and may at the commissioner's discretion withhold certification until the information is satisfactorily produced and verified.
(c)
In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate rules that establish uniform criteria to govern issuance by the commissioner of the classifications required by §§
62-32-313(e)
and
62-32-316(b)
.
(d)
An alarm systems contractor may bid on a contract requiring work in some classification or classifications other than the one or ones in which the alarm systems contractor is licensed, if and only if the work is incidental or supplemental to the performance of work in which the alarm systems contractor is licensed to engage.
Amended by 2021 Tenn. Acts, ch. 294, s 30, eff. 7/1/2021.
Acts 1991, ch. 400, § 16; 1993, ch. 429, § 5; 1996, ch. 848, § 17.