28 Tex. Admin. Code § 34.510 - Certificates of Registration
(a) Required. Each
firm and each branch office engaged in the business must obtain a certificate
of registration from the state fire marshal.
(b) Properly equipped licensed person. Before
engaging in the business, each registered firm must have at least one licensed
person who must be properly equipped to perform the act or acts authorized by
its certificate.
(c) Types of
certificates. The business activities authorized by the certificate are limited
to the business activities authorized under the license of its employees. A
separate Type C registration is required to engage in the business of
hydrostatic testing of U.S. Department of Transportation (U.S. DOT)
specification fire extinguisher cylinders.
(d) Business location. Each registered firm
must maintain a specific business location, and the business location must be
indicated on the certificate. The business location must be a physical address,
not a mailing address or P.O. Box.
(e) Shop. A registered firm must establish
and maintain a shop, whether at a specific business location or in a mobile
unit designed so that servicing, repairing, or hydrostatic testing can be
performed. The shop must be adequately equipped to service or test all fire
extinguishers or systems the registered firm installs and services. At a
minimum, a firm must maintain the following:
(1) a copy of the most recently adopted
edition of NFPA 10;
(2) a copy of
the most recently adopted Insurance Code Chapter 6001 and this
chapter;
(3) a list of
manufacturers or types of portable extinguishers serviced with their respective
manuals or part lists;
(4) portable
scale to accurately measure extinguisher gross weights;
(5) seals or tamper indicators;
(6) temporary fire extinguishers
replacements;
(7) if performing
annual maintenance on carbon dioxide extinguishers, at a minimum, the following
additional items are required:
(A)
conductivity tester; and
(B)
conductivity test label;
(8) if performing internal maintenance for
portable extinguishers, a written notice must be kept on file indicating the
registered firm performing the maintenance or, at a minimum, the following
additional items are required:
(A) appropriate
tools to remove and reinstall a valve head;
(B) charging adapters;
(C) Teflon tape, silicone grease, solvent, or
other lubricant used;
(D) supply of
spare parts for respective manufacturers and type of fire extinguishers
serviced;
(E) appropriate recharge
agents;
(F) agent fill
funnels;
(G) light designed to be
used for internal inspections;
(H)
dry chemical closed recovery system or sufficient new dry chemical;
(I) leak test equipment;
(J) dry nitrogen cylinders, regulator and
calibrated gauges for pressurizing cylinders;
(K) verification collar rings; and
(L) six-year maintenance labels.
(9) if performing hydrostatic
testing for portable extinguishers, a written notice must be kept on file
indicating the registered firm performing the test or, at a minimum, the
following additional items are required:
(A)
working hydrostatic test pump with flexible connection, check valves, and
fittings;
(B) protective cage or
barrier;
(C) calibrated
gauges;
(D) drying
equipment;
(E) hydrostatic test
log; and
(F) hydrostatic test
labels;
(10) if
performing maintenance for U.S. DOT specification portable fire extinguishers,
a written notice must be kept on file indicating the registered firm that would
perform the hydrostatic test when required or, at a minimum, the following
additional items are required:
(A) a current
Type C registration issued by the State Fire Marshal's Office; and
(B) verification of registration through the
U.S. DOT;
(11) if
installing or servicing a fixed fire extinguisher system, at a minimum, the
following additional items are required:
(A) a
copy of the latest adopted edition of applicable NFPA standards with respect to
the type of system installed or serviced;
(B) applicable manufacturer's service manuals
for the type of system; and
(C) any
special tools or parts as required by the manufacturer's manual.
(f) Business vehicles.
All vehicles used regularly in installation, service, maintenance, testing, or
certification activities must prominently display the company name, telephone
number, and certificate of registration number. The numbers and letters must be
at least one inch in height and permanently affixed or magnetically attached to
each side of the vehicle in a color contrasting with the background color of
the vehicle. The certificate-of-registration number must be designated in the
following format: TX ECR-number. A business vehicle must be adequately equipped
for the type of service that is being provided.
(g) Branch office initial certificate of
registration fees and expiration dates. The initial fee for a branch office
certificate of registration is $100 and is not prorated. Branch office
certificates of registration expire and renew on the same date as the
certificate of registration for the registered firm's main office.
(h) Change of ownership.
(1) The total change of a firm's ownership
invalidates the current certificate. To ensure continuance of the business, the
new owners must submit an application for a new certificate to the state fire
marshal 14 days before the change.
(2) A partial change in a firm's ownership
will require a revised certificate if it affects the firm's name, location, or
mailing address.
(i)
Change of corporate officers. Any change of corporate officers must be reported
in writing to the state fire marshal within 14 days. This change does not
require an application for a new or revised certificate.
(j) Duplicate certificates. A certificate
holder must obtain a duplicate certificate from the state fire marshal to
replace a lost or destroyed certificate. The certificate holder must submit
written notification of the loss or destruction without delay, accompanied by
the required fee.
(k) Revised
certificates. The change of a firm's name, location, or mailing address
requires a revised certificate. Within 14 days after the change requiring the
revision, the registered firm must submit written notification of the necessary
change accompanied by the required fee to the State Fire Marshal's
Office.
(l) Nontransferable. A
certificate is neither temporarily nor permanently transferable from one firm
to another.
(m) Initial alignment
of the expiration and renewal dates of existing branches. For branch offices in
existence as of the effective date of this rule, branch office certificates of
registration will expire and renew on the same date as the certificate of
registration issued to the main office for that firm. All fees associated with
the initial alignment of expiration and renewal dates for the branch office
certificate of registration will prorate accordingly.
Notes
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