reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.813 - Applications for Licenses and Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applications for a license or permit to engage in the business, other than
				  retail permits, shall be on forms provided by the state fire marshal, and shall
				  be accompanied by the appropriate fee and documentation as may be
				  required.
(b) Applications must be
				  signed by the sole proprietor, by each partner of a partnership, or by an
				  officer of a corporation or association. Applications from foreign and out of
				  state corporations shall be accompanied by evidence of authority to conduct
				  business in this state granted by the Texas secretary of state and where
				  applicable, the applicant shall evidence compliance with the Assumed Business
				  or Professional Name Act, Texas Business and Commerce Code, Chapter
				  36.
(c) Applications for a public
				  display permit shall include the following information:
(1) the name, address, and telephone number
				  of the applicant;
(2) a copy of the
				  site inspection report from the fire prevention officer;
(3) the location or alternate location for
				  the display;
(4) the name and
				  license number of the pyrotechnic operator who is to supervise the
				  display;
(5) the size and estimated
				  number of fireworks to be discharged, the number of set pieces, and other
				  items;
(6) the manner and place of
				  storage of such fireworks prior to and during the display;
(7) a diagram of the grounds on which the
				  display is to be held indicating the:
(A)
				  area meeting appropriate distance regulations which outlines the parameters
				  within which the particular site may be adjusted on the day of the proposed
				  display to address safety concerns or wind changes from which fireworks will be
				  discharged;
(B) distance from
				  exposure to discharge point;
(C)
				  distance from spectators to discharge point; and
(D) method of spectator restraint;
(8) evidence of public liability
				  insurance, as required by the Occupations Code §
											2154.205;
(9) the name and license number of the
				  manufacturer or distributor licensed in Texas who is to supply the fireworks;
				  and
(10) applications for a display
				  permit shall include the date, time, and the alternate date and time of the
				  display.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.814 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees payable to the department and
				  required by the Occupations Code Chapter 2154 and this subchapter, must be paid
				  by cash, money order, check, or by online payment. Money orders and checks must
				  be made payable to the Texas Department of Insurance. Except for overpayments
				  resulting from mistakes of law or fact, or credits for unused retail fireworks
				  permits, all fees are nonrefundable.
(b) Fees payable to the department must be
				  paid at the Office of the State Fire Marshal in Austin, or mailed to an address
				  specified by the state fire marshal. Retail permits may also be obtained
				  through participating licensed firms. See §
										34.815
				  of this title (relating to Retail Permits).
(c) Fees for tests administered by an
				  outsource testing service are payable to the testing service in the amount and
				  manner required by the testing service.
(d) Fees are as follows:
(1) manufacturer license:
(A) initial fee--$1,000;
(B) renewal fee (before
				  expiration)--$1,000;
(C) renewal
				  late fee (expired 1 day to 90 days)--$500;
(D) renewal late fee (expired 91 days to two
				  years)--$1,000;
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.815 - Retail Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) A retail permit is required for each retail stand or other retail sales location.
(b) Prior to the issuance of a retail permit, an applicant must present evidence of a valid current sales tax permit issued by the state comptroller.
(c) Retail permits may be obtained at the department's website at
www.tdi.texas.gov
.
(d) The retail permit, once issued, must be printed, signed, and posted in a place visible to the public within the retail space to be effective.
(e) Retail permits will only be issued to individuals or groups engaged in the retail sale of fireworks.
(f) Bulk storage of Fireworks 1.4G by a retail permittee must be in compliance with §
										34.823 of  this title (relating to Bulk Storage of Fireworks 1.4G).
(g) Fireworks 1.4G must be sold to the general public only at legally permitted retail fireworks sites and during the legal selling periods defined in the Occupations Code §
										2154.202.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.816 - Agricultural, Industrial, and Wildlife Control Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants shall:
(1) describe the type of fireworks to be
				  used;
(2) indicate the specific
				  purpose for which fireworks are to be used; and
(3) state the exact location where fireworks
				  are to be used.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.818 - Specific Requirements for Retail Fireworks Stands

Current through Reg. 49, No. 28; July 12, 2024
A retail fireworks stand must comply with the following
					 requirements:
(1) The fireworks stand
				  in which Fireworks 1.4G are held for retail sale must be constructed of wood,
				  metal, masonry, or concrete, or combinations thereof.
(2) Each stand of less than 16 feet in length
				  must have at least one walk door that opens outward. Stands measuring 16 feet
				  or longer must have at least two walk doors, one in each end, that open
				  outward.
(3) A minimum of
				  combustible material such as posters, signs, and decorations may be used on
				  interior walls.
(4) A minimum
				  distance of six feet must be maintained from the front of the customer counter
				  to the back side of the stand. Fireworks must not be displayed on the customer
				  counter or in any manner that allows the customer to handle fireworks without
				  an attendant directly assisting the customer.
(5) Electrical service to the stand must be
				  installed at least eight feet above ground or buried underground according to
				  standards acceptable to the local AHJ.
(6) Each stand that uses electricity must
				  have a point of power interruption, either inside or outside the stand, (switch
				  or switches) located near a walk door, that interrupts all electric supply to
				  devices and equipment located inside and on the stand.
(7) All electrical wiring, equipment, and
				  devices, both inside and outside the stand, must be UL approved, be securely
				  mounted to the structure, and be installed and maintained to prevent electrical
				  hazards. Splices in electrical wiring servicing equipment and devices inside
				  the stand must be enclosed in junction boxes. Light fixtures and wiring used
				  for illumination inside and outside of the stand must be installed and
				  maintained to prevent accidental contact by the general public and
				  employees.
(8) Drop cords with
				  lights, extension cords, or bare wiring must not be used in any manner inside a
				  retail stand.
(9) In stands where
				  generator-created power is used, the generator must be located in an area free
				  from grass, trash, and other flammable materials and at least 10 feet from the
				  stand. Reserve fuel for the generator must be stored in an approved safety
				  container and a portable fire extinguisher rated to at least 6 BC must be
				  provided.
(10) Fireworks stands
				  must not be illuminated or heated by any device that requires open flame or
				  exposed heating elements. Electric heaters must be equipped with a switching
				  device to stop the flow of current should the heater be tipped over.
(11) If the fireworks stand is used for the
				  overnight storage of Fireworks 1.4G, it must be equipped with suitable locking
				  devices to prevent unauthorized entry.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.819 - Records and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  shall keep a record of all transactions or operations involving fireworks
				  manufacturing, explosive materials, and devices for one year. Such records
				  shall be made available to the authorities having jurisdiction upon
				  request.
(b) Invoices, sales slips,
				  delivery tickets or receipts, bills of lading, or similar papers representing
				  individual transactions will satisfy the recordkeeping requirement, provided
				  they include the signature and license number of both the seller and
				  buyer.
(c) The loss, theft, or
				  unlawful removal of black powder and Fireworks 1.3G shall be reported
				  immediately to the state fire marshal.
(d) Licensees and permittees shall report in
				  writing any unauthorized incident of explosion or fire involving fireworks to
				  the state fire marshal within 10 days after the occurrence. Incidents resulting
				  in injury or death shall be reported immediately. Reports shall include:
(1) a brief account of the cause of injury to
				  any person and such person's name and address; and
(2) a brief account of the fire or
				  explosion.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.820 - Requirements for Manufacturing, Bulk Storage, and Magazine Facilities

Current through Reg. 49, No. 28; July 12, 2024
All manufacturing and bulk storage facilities shall comply
					 with the applicable provisions of the Occupations Code Chapter 2154 and this
					 subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.821 - Manufacturing Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Building site
				  security.
(1) All fireworks manufacturing
				  plants shall be completely surrounded by a substantial fence having a minimum
				  height of six feet. All openings in the fence shall be equipped with suitable
				  gates which shall be kept securely locked at all times when not in actual use.
				  The main gate may be left open during the regular hours of operation while in
				  plain view of authorized responsible employees or guards. Conspicuous signs
				  indicating "Warning," "No Smoking," and "No Trespassing" shall be
				  posted.
(2) No person other than
				  authorized employees or representatives of departments of federal, state, or
				  political subdivisions of the state governments having jurisdiction shall be
				  allowed in any fireworks manufacturing plants, except by special permission
				  from the plant office.
(3) All
				  manufacturing process buildings shall be separated from inhabited buildings,
				  public highways, and passenger railways in accordance with Table 1 in §
											34.824
				  of this title (relating to Distance Tables).
(4) The distance between process buildings
				  shall be in accordance with provisions of Table 2 in §
											34.824
				  of this title (relating to Distance Tables).
(5) Distance between nonprocess buildings,
				  process buildings, and magazines shall be in accordance with Table 2 in §
											34.824
				  of this title (relating to Distance Tables).
(6) Magazines storing Fireworks 1.3G, black
				  powder, and salutes shall be separated from inhabited buildings, highways, or
				  other magazines containing black powder or salutes in accordance with Table 3
				  in §
											34.824
				  of this title (relating to Distance Tables).
(7) Permissible bulk storage of Class I
				  flammable liquids (such as gasoline) and flammable compressed gases at
				  fireworks manufacturing and/or storage facilities shall:
(A) be located at least 100 feet from
				  processing, storage buildings, or magazines; or flammable liquid tanks may be
				  located below ground; and
(B)
				  provide that dispensing units and ventilation pipes be located at least 100
				  feet from processing or storage buildings or magazines.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.822 - Storage of Black Powder and Fireworks 1.3G at Other Than Display Sites

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions.
(1) Fireworks 1.3G and black powder shall be
				  stored in magazines unless they are in process of manufacture, being physically
				  handled in the operating process, being packaged, or being
				  transported.
(2) Black powder and
				  Fireworks 1.3G shall be stored in a magazine meeting or exceeding the
				  requirements for a Type 4 magazine.
(3) Magazines containing Fireworks 1.3G or
				  black powder shall be separated from inhabited buildings, other magazines,
				  fireworks manufacturing plant buildings, passenger railways, and public
				  highways in accordance with Table 3 in §
											34.824
				  of this title (relating to Distance Tables).
(4) Bulk storage of Class I flammable liquids
				  and flammable compressed gases shall comply with provisions of §
											34.821(a)(7)
				  of this title (relating to Manufacturing Operations).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.824 - Distance Tables

Current through Reg. 49, No. 28; July 12, 2024
The following distance tables shall be applicable to this
					 subchapter except to the extent that the distances are different from less
					 restrictive federal regulations.
Attached
					 Graphic
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.825 - Distribution and Transportation

Current through Reg. 49, No. 28; July 12, 2024
(a) With
				  regard to Fireworks, Title 49 C.F.R., governing the transportation of hazardous
				  materials, is adopted by reference as rules governing the safe distribution and
				  transportation of fireworks as hazardous materials in Texas. These rules are
				  subject to the following explanations and exceptions.
(1) When the term "interstate" or "foreign
				  commerce" is used in the federal regulations, it will, for the purpose of such
				  adoption, include all modes of transportation in Texas.
(2) When the term "department" is used in the
				  text of the federal regulations as being the Department of Transportation, it
				  shall, for the purpose of such adoption, mean the Texas Department of
				  Insurance.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.827 - Qualifications for Persons Assisting at Public Displays

Current through Reg. 49, No. 28; July 12, 2024
Persons assisting at public displays must be:
(1) at least 18 years old; and
(2) under the direct supervision of a
				  licensed pyrotechnic operator.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.828 - Existing Facilities and Conditions

Current through Reg. 49, No. 28; July 12, 2024
Existing facilities and conditions outlined in this section
					 which do not comply with the Occupations Code Chapter 2154 and this subchapter
					 shall come into compliance within the following time periods after the
					 effective date of this subchapter:
(1)
				  manufacturing facilities--five years;
(2) bulk storage facilities--three years;
				  and
(3) individuals applying for a
				  pyrotechnic operator license before September 1, 1986, may be issued a license
				  if they otherwise qualify and have passed the required examination, but do not
				  comply with the supervisory requirement of §
										34.811(e)(1)
				  of this title (relating to Requirements, Pyrotechnic Operator
				  License).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.829 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If a provision of these sections or the application thereof
					 to any person or circumstance is held invalid for any reason, the invalidity
					 shall not affect the other provisions or any other application of these
					 sections which can be given effect without the invalid provisions or
					 application. To this end, all provisions of these sections are declared to be
					 severable.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.830 - Savings Clause

Current through Reg. 49, No. 28; July 12, 2024
Each disciplinary action by the Texas Department of
					 Insurance taken against a person or organization licensed or permitted under
					 Occupations Code Chapter 2154 shall be taken in accordance with the statutory
					 law, regulations and orders of the commissioner of insurance or state fire
					 marshal in effect at the time of the regulated action for which the
					 disciplinary action is taken.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.832 - Specific Requirements for Retail Fireworks Sites Other Than Stands

Current through Reg. 49, No. 28; July 12, 2024
Indoor retail fireworks sites must comply with the
					 following requirements:
(1) The retail
				  fireworks sales building must be a free-standing durable structure with only
				  one story of space accessible to the public. It must not be a tent, boat, or
				  mobile vehicle. The fireworks sales area must not be part of a multi-use or
				  multi-tenant building.
(2) The
				  following distance requirements apply to an indoor retail fireworks site owned
				  or leased by a fireworks licensee, which had a fireworks retail permit or a
				  building permit in effect or was under construction on or before November 18,
				  2002, and stores or displays over 500 cases of Fireworks 1.4G in the building.
(A) The fireworks sales building must be a
				  minimum distance of 60 feet from any inhabited building;
(B) The fireworks sales building must be a
				  minimum distance of 30 feet from the property line.
(C) The fireworks sales building must meet
				  the distance requirements of §34.824 Table 1 of this title (relating to
				  Distance Tables), or have a minimum one-hour fire rated exterior wall with
				  minimum three-fourths-hour fire rated protected openings.
(D) An office area used for the operation of
				  the site, separated by a one-hour fire-rated wall from the fireworks sales or
				  storage area, may be exempt from the distance requirements after it is reported
				  to and reviewed by the state fire marshal.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter I - SECURITY BARS › Section 34.901 - Purpose and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to administer the law set forth in the Health and Safety
				  Code, Chapter 756, regarding security bars on residential dwellings.
(b) The sections of this subchapter shall be
				  known as and may be cited as the rules for the labeling, notice, and release
				  requirements of security bars on residential dwellings.
(c) This subchapter applies only to security
				  bars installed, sold, or offered for sale on or after January 1,
				  2000.
(d) If any provision of this
				  subchapter or the application thereof to any person or circumstance is held
				  invalid for any reason, the invalidity shall not affect the other provisions or
				  any other application of these rules which can be given effect without the
				  invalid provisions or application. To this end, all provisions of this
				  subchapter are declared to be severable.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter I - SECURITY BARS › Section 34.902 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Bedroom--An
				  area of a dwelling intended as sleeping quarters.
(2) Residential dwelling--Includes a
				  single-family home, a duplex, a triplex, an apartment, a motel or hotel, and a
				  mobile home.
(3) Security
				  bars--Burglar bars or other bars located on the inside or outside of a door or
				  window of a residential dwelling.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter I - SECURITY BARS › Section 34.903 - Labeling and Notice Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following label in 14-point, all capital letters, bold-faced type must be
				  attached to security bars or the packaging of security bars sold or offered for
				  sale in this state. The label must be printed in both English and Spanish.
Attached
					 Graphic
(b) A
				  person who is not regularly and actively engaged in business as a wholesale or
				  retail dealer may sell or offer to sell security bars in this state provided
				  that a written notice containing the requirements of subsection (a) of this
				  section is provided wholesale or retail dealer may sell or offer to sell
				  security bars in this state provided that to the buyer of the security
				  bars.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter I - SECURITY BARS › Section 34.904 - Recommended Release Mechanism

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  state fire marshal recommends an interior release mechanism for security bars
				  that consists of a lever, knob, handle, panic bar, or other simple type of
				  releasing device having an obvious method of operation under all lighting
				  conditions. The release mechanism for any security bar shall be located not
				  more than 36 inches (91 centimeters) above the finished floor and shall require
				  no more than two movements in order to accomplish the release. The interior
				  release mechanism shall not require the use of a key, a tool, or special
				  knowledge or effort for operation from the inside of the room.
(b) The state fire marshal recommends that
				  the interior release mechanism be inspected or maintained on a periodic basis
				  to make sure that it operates when needed.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter K - GIFTS, GRANTS AND DONATIONS › Section 34.1101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish procedures
					 for the acceptance of gifts, grants, and donations made to the State Fire
					 Marshal's Office and to create standards of conduct to govern the relationships
					 between employees of the department and donors or grantors.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter K - GIFTS, GRANTS AND DONATIONS › Section 34.1102 - General Authority to Accept Gifts, Grants, and Donations

Current through Reg. 49, No. 28; July 12, 2024
The commissioner, through the state fire marshal, is
					 statutorily authorized to accept gifts grants, and donations from any source to
					 develop educational programs and disseminate materials necessary to educate the
					 public effectively regarding methods of fire prevention and safety. It is the
					 policy of the department to accept only those donations and grants that advance
					 the purposes of Government Code §
										417.0051,
					 Fire Prevention and Safety Education.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter K - GIFTS, GRANTS AND DONATIONS › Section 34.1103 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commissioner--The Commissioner of Insurance.
(2) Department--The Texas Department of
				  Insurance.
(3) Donation--Money or
				  other assistance from any source other than a grant.
(4) Donation agreement--A written document
				  executed by the commissioner or his designee and the donor that identifies the
				  name of the donor, a description of the donation, the purpose of the donation,
				  and outlines any special conditions of the donation.
(5) Donor--Individuals or organizations that
				  offer to give or give a donation to the department.
(6) Employee--An individual employed by the
				  department in a full or part time capacity.
(7) Gift--Money or other assistance from any
				  source other than a grant.
(8)
				  Grantor--Public or private entity or agency that awards grants to the
				  department.
(9) Grant--Money or
				  other assistance from a grantor, given for a specific purpose.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter K - GIFTS, GRANTS AND DONATIONS › Section 34.1104 - Acceptance of Gifts, Grants, and Donations

Current through Reg. 49, No. 28; July 12, 2024
(a) All gifts, grants and donations made to
				  the state fire marshal must be accepted by the commissioner on behalf of the
				  state fire marshal. No employee of the department can accept gifts, grants, or
				  donations in their individual capacity.
(b) Donated goods received by the state fire
				  marshal become state property and will be treated as such.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter K - GIFTS, GRANTS AND DONATIONS › Section 34.1105 - Prohibition against Solicitation

Current through Reg. 49, No. 28; July 12, 2024
No gifts, grants, or donations shall be solicited by the
					 commissioner or any officer or employee of the department. This provision shall
					 not be interpreted to prevent submission by the fire marshal of an application
					 for a grant which would enhance the public welfare. Such submission shall be
					 approved by the fire marshal and the commissioner.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter K - GIFTS, GRANTS AND DONATIONS › Section 34.1106 - Standards of Conduct between Commissioner and Donors or Grantors

Current through Reg. 49, No. 28; July 12, 2024
Any person or entity seeking to contract with the
					 department on a competitive basis or otherwise shall disclose all previous
					 donations and grants made to the state fire marshal or other state agency
					 within the preceding two years. The disclosure shall include the nature and
					 value of the donation or the grant and the date the donation or grant was made.
					 If the donation or grant is ongoing, the last date that the donation or grant
					 was available to the department shall be used to determine the date of the
					 donation or grant.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter K - GIFTS, GRANTS AND DONATIONS › Section 34.1107 - Procedures for Acceptance of Gifts, Grants, and Donations

Current through Reg. 49, No. 28; July 12, 2024
(a) Donation agreement. The donor and the
				  commissioner shall execute a donation agreement that includes the following
				  information:
(1) a description of the
				  donation, including a determination of the value;
(2) a statement by the donor attesting to its
				  ownership rights in the property, including intellectual property ownership
				  rights;
(3) the signature of the
				  donor if the donor is an individual or its official representative if the donor
				  is a business organization;
(4) the
				  signature of the commissioner;
(5)
				  any conditions restricting the use of the donation;
(6) the mailing address of the donor and
				  principal place of business if the donor is a business entity;
(7) a statement identifying any official
				  relationship between the donor and the department; and
(8) a statement advising the donor to seek
				  legal and/or tax advice from its own legal counsel.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1201 - Purpose, Applicability, and Title

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this subchapter is to implement the Health and Safety Code
				  Chapter 796, regulating the testing, certification, marking, and sale of fire
				  standard compliant cigarettes in the State of Texas.
(b) This subchapter applies to all persons
				  subject to the Health and Safety Code Chapter 796. Pursuant to the Health and
				  Safety Code §
										796.001, entities
				  located outside of Texas, including those located in other countries, are
				  subject to Chapter 796 if they sell or offer to sell a cigarette in
				  Texas.
(c) This subchapter does not
				  prohibit the sale of a cigarette solely for the purpose of the cigarette's
				  assessment conducted by a manufacturer, or under the control and direction of a
				  manufacturer, to evaluate consumer acceptance of the cigarette. Only the
				  quantity of cigarettes that is reasonably necessary for the assessment may be
				  used.
(d) This subchapter shall be
				  known and may be cited as "The Texas Fire Standard Compliant Cigarette
				  Rules."
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1202 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
(1) Agent--A
				  person licensed by the Texas Comptroller of Public Accounts' Office to purchase
				  and affix adhesive or meter stamps on packages of cigarettes.
(2) Certification--Completion and submission
				  by a cigarette manufacturer of Certification by Manufacturer for Fire Standard
				  Compliant Cigarette (FSCC), Form Number SF250, adopted by reference in §
										34.1212(a)
				  of this subchapter (relating to Promulgated and Alternate Certification Forms
				  and Marking Applications), or completion of an alternate certification form as
				  specified in §
										34.1212(c)
				  of this subchapter.
(3)
				  Cigarette--A roll for smoking:
(A) that is
				  made of tobacco or tobacco mixed with another ingredient and wrapped or covered
				  with a material other than tobacco; or
(B) that is wrapped in any substance
				  containing tobacco that, because of the roll's appearance, the type of tobacco
				  used in the filler or the roll's packaging and labeling, is likely to be
				  offered to or purchased by a consumer as a cigarette.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1203 - General Provisions Regarding Required and Voluntary Submissions

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. Except as otherwise
				  provided in this subchapter, this section applies to each:
(1) certification form and marking
				  application, including those submitted in an alternate form in accordance with
				  §
											34.1212(c)
				  of this subchapter (relating to Promulgated and Alternate Certification Forms
				  and Marking Applications);
(2)
				  request for an alternate certification or marking application form;
(3) request for an alternative test method
				  and performance standard; and
(4)
				  applicable fee required to be submitted to the SFMO under the Health and Safety
				  Code §
											796.005(e)
				  and § 34.1211 of this subchapter (relating to Certification Filing
				  Fees).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1204 - Existing Inventory

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Section 2(a) of HB 2935 enacted by the 80th Legislature and subject to
				  subsection (b) of this section, this subchapter does not prohibit a wholesale
				  dealer or retailer from selling existing inventory of cigarettes on or after
				  January 1, 2009, provided that the state tax stamps were affixed to the
				  cigarettes before January 1, 2009, and the quantity is comparable to the
				  quantity of cigarettes purchased during the previous year.
(b) Pursuant to Section 2(b) of HB 2935, a
				  person may not sell or offer for sale a cigarette in this state that does not
				  comply with this subchapter after January 1, 2010.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1205 - Testing

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in §
										34.1206
				  of this subchapter (relating to Alternative Testing Methods), each cigarette
				  variety must be tested in compliance with the Health and Safety Code §
										796.003.
(b) The manufacturer is solely responsible
				  for ensuring that all cigarette varieties not otherwise approved for
				  alternative testing under §
										34.1206
				  of this subchapter are tested in compliance with the Health and Safety Code
				  §
										796.003.
(c) This section does not apply to cigarette
				  varieties that have been previously tested and certified in compliance with the
				  Health and Safety Code Chapter 796 and this subchapter and have been
				  subsequently altered only by changes which are not likely to alter the
				  cigarette's compliance with the reduced cigarette ignition propensity standards
				  required by the Health and Safety Code Chapter 796.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1206 - Alternative Testing Methods

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Requirements.
(1) Pursuant to §
											796.004
				  of the Health and Safety Code, a cigarette manufacturer may not certify a
				  cigarette variety under the Health and Safety Code Chapter 796 and this
				  subchapter using a cigarette testing method and performance standard other than
				  the method specified in the Health and Safety Code §
											796.003 without the prior
				  written authorization of the SFMO.
(2) The manufacturer is solely responsible
				  for ensuring that all cigarettes accepted for alternative testing under this
				  section are tested in compliance with the alternative testing method and
				  performance standard accepted by the SFMO for that cigarette variety.
(3) SFMO authorization to use an alternative
				  testing method and performance standard must be granted for each specific
				  cigarette variety that will be subject to the alternative testing method and
				  performance standard.
(4) Accepted
				  requests for an alternative testing method and performance standard are not
				  transferable to other cigarette varieties and may not be used to test other
				  cigarette varieties without the prior written authorization of the
				  SFMO.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1207 - Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Submission of Form and Payment of Fees.
				  Before a cigarette variety may be sold or offered for sale in this state, the
				  manufacturer of the cigarette variety must:
(1) complete and submit to the SFMO:
(A) the Certification by Manufacturer for
				  Fire Standard Compliant Cigarette (FSCC), Form Number SF250, that is adopted by
				  reference in §
												34.1212
				  of this subchapter (relating to Promulgated and Alternate Certification Forms
				  and Marking Applications); or
(B)
				  an approved-for-use alternate certification form as specified in §
												34.1212(c)
				  of this subchapter; and
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1208 - Changes to Cigarette Variety

Current through Reg. 49, No. 28; July 12, 2024
If a certified cigarette variety is changed with respect to
					 any one or more of the items listed in the Health and Safety Code §
										796.005(b)(1) -
					 (8), it is considered a different cigarette
					 variety and must be certified as a new variety in conformance with §
										34.1207
					 of this subchapter (relating to Certification) before the cigarette variety may
					 be sold in this state. Certification must meet all requirements specified in
					 §
										34.1207
					 of this subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1209 - Records Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
				  cigarette variety offered for sale, the manufacturer shall document and
				  maintain for a period of not less than three years after the cigarette variety
				  was offered for sale the following information:
(1) a copy of the submitted Certification by
				  Manufacturer for Fire Standard Compliant Cigarette (FSCC), Form Number SF250,
				  for the cigarette variety, or the submitted alternate certification form as
				  specified in §
											34.1212(c)
				  of this subchapter (relating to Promulgated and Alternate Certification Forms
				  and Marking Applications); and
(2)
				  copies of the reports of all tests conducted on that cigarette
				  variety.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1210 - Marking of Package

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Requirements.
(1) The packaging of all
				  cigarettes varieties certified by the manufacturer to comply with the Health
				  and Safety Code Chapter 796 shall be marked in accordance with the provisions
				  of the Health and Safety Code §
											796.006.
(2) A manufacturer shall use only one marking
				  method applied uniformly to all cigarette packaging of all varieties marketed
				  by the manufacturer for compliance with the Health and Safety Code Chapter
				  796.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1211 - Certification Filing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Payment of the
				  certification filing fee must accompany completed submissions of the
				  Certification by Manufacturer for Fire Standard Compliant Cigarette (FSCC),
				  Form Number SF250, or the approved-for-use alternate certification form. Fees
				  must be paid by money order, check or other method accepted by the SFMO. Money
				  orders and checks must be made payable to the Texas Department of
				  Insurance.
(b) Fees must be paid on
				  a cumulative total basis for each certification filing.
(c) Fees are non-refundable and
				  non-transferable.
(d) Fees for the
				  Fire Standard Compliant Cigarette Certification filing are as follows:
(1) initial fee--$250 per cigarette variety;
				  and
(2) renewal fee (every three
				  years)--$250 per cigarette variety.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1212 - Promulgated and Alternate Certification Forms and Marking Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Promulgated Certification by Manufacturer
				  for Fire Standard Compliant Cigarette. The commissioner adopts by reference the
				  Certification by Manufacturer for Fire Standard Compliant Cigarette (FSCC),
				  which contains instructions for completion of the form; information regarding
				  certification fees; requires information to be provided regarding the
				  certification type, cigarette manufacturer, testing entity, test method,
				  testing and quality assurance program, and cigarette variety information
				  required by Health and Safety Code §
										796.005. The form
				  is available at the department's website at
				  www.tdi.texas.gov/forms/forms18.html.
(b) Promulgated Application for Fire Standard
				  Compliant Cigarette Marking Approval. The commissioner adopts by reference the
				  Application for Fire Standard Compliant Cigarette Marking Approval, which
				  contains instructions for completion of the form and requires information to be
				  provided regarding the cigarette manufacturer, marking approval, and a
				  certification that the manufacturer will or has provided required information
				  to cigarette wholesale dealers and agents. The form is available at the
				  department's website at www.tdi.texas.gov/forms/forms18.html.
(c) Alternate Certification Form or Marking
				  Application. The information required by the promulgated certification form or
				  marking application may be submitted in an alternate form in lieu of the
				  promulgated certification form or marking application.
(1) Manufacturers may submit either an
				  alternate form in lieu of the promulgated certification form or an alternate
				  form in lieu of the promulgated marking application or both an alternate
				  certification form and alternate marking application. Manufacturers may submit
				  an alternate certification form in conjunction with the promulgated Application
				  for Fire Standard Compliant Cigarette Marking Approval. Manufacturers may
				  submit an alternate marking application in conjunction with the promulgated
				  Certification by Manufacturer for Fire Standard Compliant Cigarette
				  (FSCC).
(2) The alternate form must
				  be approved by the SFMO before the form may be used to file the information
				  required in the promulgated certification form or marking
				  application.
(3) A manufacturer may
				  submit a request to the SFMO to use an alternate form in accordance with §
											34.1203
				  of this title (relating to General Provisions Regarding Required and Voluntary
				  Submissions).
(4) Submission of an
				  alternate form in lieu of the promulgated certification or marking application
				  is not required and is at the option of the manufacturer.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1213 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
Violation of the Health and Safety Code Chapter 796 or this
					 subchapter may subject a person to civil penalties as set forth in the Health
					 and Safety Code §
										796.010.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter L - FIRE STANDARD COMPLIANT CIGARETTES › Section 34.1214 - Forfeiture Authority

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Health and Safety Code §
										796.010(c),
					 a cigarette sold or offered for sale in violation of the Health and Safety Code
					 Chapter 796 is subject to forfeiture under Chapter 154, Tax Code, except that
					 before a forfeited cigarette may be destroyed, the true holder of the trademark
					 rights in the cigarette brand must be permitted to inspect the
					 cigarette.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter M - SCHEDULED ADMINISTRATIVE PENALTIES › Section 34.1301 - Imposition of Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commissioner delegates to the state fire marshal the authority to take
				  disciplinary and enforcement action described in this subchapter.
(b) The state fire marshal may impose an
				  administrative penalty as described in §
										34.1302
				  of this title (relating to Schedule of Administrative Penalties) against a
				  person who violates:
(1) a provision of Title
				  20, Insurance Code, including Chapter 6001, 6002, or 6003;
(2) Occupations Code Chapter 2154;
				  or
(3) a rule appearing in
				  Subchapter E, F, G, or H of this chapter (relating to Fire Extinguisher and
				  Installation, Fire Alarm Rules, Fire Sprinkler Rules, and Storage and Sale of
				  Fireworks, respectively).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter M - SCHEDULED ADMINISTRATIVE PENALTIES › Section 34.1302 - Schedule of Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Fire Extinguisher Penalty Schedule specified as follows.
Attached Graphic
(b) The Fire Alarm Penalty
				  Schedule specified as follows.
Attached Graphic
(c) The Fire Protection Sprinkler
				  Penalty Schedule specified as follows.
Attached Graphic
(d) The Fireworks Indoor Retail
				  Stand Penalty Schedule specified as follows.
Attached Graphic
(e) The Fireworks Retail Site
				  Penalty Schedule specified as follows.
Attached Graphic
(f) The Fireworks Distributor
				  Licensing Retailer Permit Penalty specified as follows.
Attached Graphic
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter M - SCHEDULED ADMINISTRATIVE PENALTIES › Section 34.1303 - Combined Sanctions

Current through Reg. 49, No. 28; July 12, 2024
An administrative penalty imposed under this subchapter may
					 be combined with a proceeding to impose other administrative sanctions. The
					 requirements of this subchapter apply to administrative penalties imposed under
					 this subchapter.