Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter G - FIRE SPRINKLER RULES › Section 34.706 - 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) Business--Planning,
				  selling, installing, maintaining, or servicing fire protection sprinkler
				  systems.
(2) Certificate--The
				  certificate of registration issued by the state fire marshal.
(3) Certify--To attest to the proper
				  planning, installing, maintaining, or servicing of fire protection sprinkler
				  systems by executing a contractor's material and test certificate or other form
				  required by a governmental authority or by attaching a completed service
				  tag.
(4) Department--The Texas
				  Department of Insurance.
(5)
				  Emergency impairment--A condition where a water-based fire protection system or
				  portion thereof is out of order due to an unexpected occurrence, such as
				  ruptured pipe, an operated sprinkler, or an interruption of the water supply to
				  the system.
(6) Employee--An
				  individual that who performs tasks assigned by the employer. The employee's pay
				  is subject to the deduction of social security and federal income tax. The
				  employee may be full time, part time, or seasonal. For the purposes of this
				  section, employees of a registered firm who are paid through a staff leasing
				  company are considered to be employees of the registered firm.
(7) Firm--A person or organization as defined
				  in this section.
(8) Full-time--The
				  number of hours that represents the regular, normal, or standard amount of time
				  per week each employee of the firm devotes to work-related
				  activities.
(9) Full-time
				  employment basis--An employee is considered to work on a full-time basis if the
				  employee works per week at least the average number of hours worked per week by
				  all other employees of the firm.
(10) Inspection--A visual examination of a
				  system or portion thereof to verify that it appears to be in operating
				  condition and is free of physical damage.
(11) Inspection, testing, and maintenance
				  service--A service program provided by a qualified contractor in which all
				  components unique to the property's systems are inspected and tested at the
				  required times and necessary maintenance is provided and/or recommended. This
				  program includes logging and retention of relevant records.
(12) NFPA--National Fire Protection
				  Association, a nationally recognized standards-making organization.
(13) NICET--National Institute for the
				  Certification in Engineering Technologies.
(14) Organization--A corporation, partnership
				  or other business association, or governmental entity.
(15) Outsource testing service--The testing
				  service selected by the state fire marshal to administer certain designated
				  qualifying tests for licenses under this subchapter.
(16) Person--A natural person.
(17) Plan--To lay out, detail, draw,
				  calculate, devise, or arrange an assembly of underground and overhead piping
				  and appurtenances in accordance with either adopted fire protection standards
				  or specifications especially designed by an engineer.
(18) Registered firm--A person or
				  organization holding a current certificate of registration.
(19) Repair--Any work performed after initial
				  installation on fire protection sprinkler systems, not including inspecting or
				  testing.
(20) Responsible managing
				  employee--A responsible managing employee, as defined in Insurance Code §
										6003.001(10),
				  and also referenced within this subchapter as an RME.
(21) Sprinkler system--A sprinkler system,
				  for fire protection purposes which:
(A) is an
				  integrated system of underground and overhead piping designed in accordance
				  with fire protection engineering standards;
(B) is an installation including a water
				  supply such as a gravity tank, fire pump, reservoir, or pressure tank, or
				  connection by underground piping to a city main from the point of connection or
				  valve where the primary purpose of the water is for a fire protection sprinkler
				  system;
(C) includes, as the
				  portion of the sprinkler system aboveground, a network of specially sized or
				  hydraulically designed piping installed in a building, structure, or area,
				  generally overhead, and to which sprinklers are connected in a systematic
				  pattern;
(D) includes a controlling
				  valve and a device for actuating an alarm when the system is in operation;
				  and
(E) is usually activated by
				  heat from a fire and discharges water over the fire area.