Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter E - FIRE EXTINGUISHER RULES › Section 34.506 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(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 of
				  Transportation.
(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
				  initial placement.
(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, are maintained.
(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
				  performed.