28 Tex. Admin. Code § 34.713 - Applications
(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).
(b) Responsible managing
employee licenses.
(1) Original and renewal
applications for a license from an employee of a firm engaged in the business
must be submitted on forms provided by the state fire marshal, along with a
criminal history report from the Texas Department of Public Safety and
accompanied by all other information required by Insurance Code Chapter 6003
and this subchapter. For a natural person to be eligible for a responsible
managing employee license, the natural person must start the application or
registration process by submitting a formal request for a fingerprint service
code by completing the fingerprinting process information required on the
department's website at
www.tdi.texas.gov/fire/fingerprinting-process.html.
The requesting natural person must submit information necessary to complete the
fingerprint service code request, including the natural person's name, natural
person's state of residence, natural person's email address, and license type
the natural person is applying for.
(2) The following documents must accompany
the application as evidence of technical qualifications for a license:
(A) RME-General:
(i) proof of current registration in Texas as
a professional engineer; or
(ii) a
copy of the NICET notification letter confirming the applicant's successful
completion of the test requirements for certification at Level III for
water-based fire protection systems layout.
(B) RME-Dwelling:
(i) proof of current registration in Texas as
a professional engineer; or
(ii) a
copy of the NICET notification letter confirming the applicant's successful
completion of the test requirements for certification at Level II for fire
protection automatic sprinkler system layout and evidence of current employment
by a registered fire sprinkler contractor.
(C) RME-Underground Fire Main:
(i) proof of current registration in Texas as
a professional engineer; or
(ii) a
copy of the notification letter confirming at least a 70% grade on the test
covering underground fire mains for fire protection sprinkler systems,
administered by the State Fire Marshal's Office or an outsource testing
service.
(D) RME-General
Inspector:
(i) a copy of the NICET
notification letter confirming the applicant's successful completion of the
examination requirements for certification at Level II for Inspection and
Testing of Water-Based Systems; and
(ii) evidence of current employment by a
registered fire protection sprinkler system contractor.
(c) Complete
applications. The application form for a license or registration must be
accompanied by the required fee and must, within 180 days of receipt by the
department of the initial application, be complete and accompanied by all other
information required by Insurance Code Chapter 6003 and this subchapter, or a
new application must be submitted including all applicable fees.
Notes
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