Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter E - FIRE EXTINGUISHER RULES › Section 34.514 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(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.