Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter F - FIRE ALARM RULES › Section 34.613 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Approvals and
				  certificates of registration.
(1) Applications
				  for approvals, certificates, and branch office certificates must be submitted
				  on the forms adopted by reference in §
											34.630 of this title (relating to
				  Application and Renewal Forms) and be accompanied by all fees, documents, and
				  information required by Insurance Code Chapter 6002, concerning Fire Detection
				  and Alarm Device Installation, and this subchapter. An application will not be
				  deemed complete until all required forms, fees, 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 applicants using an assumed name, the application must also 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 6002 and this subchapter.
(3) For corporations, the application must
				  also include the name of each shareholder owning more than 25% of the shares
				  issued by the corporation; the corporate taxpayer identification number; the
				  charter number; a copy of 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; and a copy of the corporation's current franchise tax
				  certificate from the State Comptroller's Office showing it is in active
				  status.
(4) A registered firm must
				  employ at least one full-time licensed individual at each location of a main or
				  branch office.
(5) Insurance is
				  required as follows:
(A) The state fire
				  marshal will not issue a certificate of registration under this subchapter
				  unless the applicant files with the State Fire Marshal's Office evidence of an
				  acceptable general liability insurance policy.
(B) Each registered firm must maintain in
				  force and on file in the State Fire Marshal's Office a certificate of insurance
				  identifying the insured and the exact nature of the business insured. In
				  identifying the named insured, the certificate of insurance must include either
				  an assumed name or the name of the corporation; partners, if any; or sole
				  proprietor, if applicable.
(6) A firm billing a customer for monitoring
				  is engaged in the business of monitoring and must comply with the insurance
				  requirements of this subchapter for a monitoring firm.
(7) Applicants for a certificate of
				  registration who engage in monitoring must provide the specific business
				  locations where monitoring will take place and the name and license number of
				  the fire alarm licensees at each business location. A fire alarm licensee may
				  not serve in this capacity for a registered firm other than the firm applying
				  for a certificate of registration. In addition, the applicants must provide
				  evidence of listing or certification as a central station by a testing
				  laboratory approved by the commissioner and a statement that the monitoring
				  service complies with NFPA 72, as adopted in §
											34.607 of this title (relating to
				  Adopted Standards).
(8) Applicants
				  for a certificate of registration--single station must provide a statement,
				  signed by the sole proprietor, a partner of a partnership, or by an officer of
				  the corporation, indicating that the firm exclusively engages in the business
				  of planning, certifying, leasing, selling, servicing, installing, monitoring,
				  or maintaining single station devices.