Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter G - FIRE SPRINKLER RULES › Section 34.713 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Certificates of
				  registration.
(1) Applications for
				  certificates must be submitted on forms provided by the state fire marshal and
				  must be accompanied by all other information required by Insurance Code Chapter
				  6003, concerning Fire Protection Sprinkler System 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, 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 also be accompanied by
				  evidence of compliance with Business and Commerce Code Chapter 71, concerning
				  Assumed Business or Professional Name. The application must also include
				  written authorization by the applicant that permits 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 so the state fire marshal can determine whether the applicant
				  is in compliance with the provisions of Insurance Code Chapter 6003 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 that shows the corporation is
				  in active status.
(4) An applicant
				  must not designate as its full-time responsible managing employee (RME) a
				  person who is the designated full-time RME of another registered
				  firm.
(5) A registered firm must
				  not conduct any business as a fire protection sprinkler contractor until a
				  full-time RME, as applicable to the business conducted, is employed. An
				  individual with an RME-General Inspector's license does not constitute
				  compliance with the requirements of this subsection.
(6) A certificate of registration may not be
				  renewed unless the firm has at least one licensed RME as a full-time employee
				  before the expiration of the certificate of registration to be renewed. If an
				  applicant for renewal does not have an RME as a full-time employee as a result
				  of death or disassociation of an RME within 30 days preceding the expiration of
				  the certificate of registration, the renewal applicant must inform the license
				  section of the State Fire Marshal's Office of the employment of a full-time RME
				  before the certificate of registration will be renewed.
(7) Insurance required.
(A) The state fire marshal must not issue a
				  certificate of registration under this subchapter unless the applicant files
				  with the State Fire Marshal's Office a proof of liability insurance. 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 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, as applicable. Failure to do so will be cause for
				  administrative action.
(C) Evidence
				  of public liability insurance, as required by Insurance Code §
												6003.152, 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, or a certificate of insurance for surplus lines coverage,
				  secured in compliance with Insurance Code Chapter 981, concerning Surplus Lines
				  Insurance, as contemplated by Insurance Code §
												6003.152(c).