This is not an exhaustive nor complete listing of the laws applicable to the questions. The actual wording of the laws should be consulted for evaluation, interpretation, and application. It is the responsibility of the licensee or permittee to comply with all federal, state and municipal laws, rules and requirements. All referenced laws, codes, responses are subject to change without notification. The user is encouraged to consult with their legal counsel and seek input from other sources, such as NFPA, fire & building code authorities, and other professionals.
Alarms
Is it the State Fire Marshal’s intent that an existing fire alarm system which does not meet current code be yellow tagged and brought up to current code?
No. The fire alarm rules do not require a yellow (noncompliant) label on a system just because it does not meet current codes. The key is “applicable” codes & adopted standards. The burden is on the fire alarm company to communicate with the local AHJs and know what their requirements are and whether current code requirements have to be met on an existing building. A yellow tag would not be appropriate for an existing system where the owner is not required (by the AHJ) to upgrade to current standards.
Reference: 28 TAC 34.623
The fire alarm company I work for is not registered for sprinkler work. When inspecting the fire alarm systems, are we allowed to test the sprinkler waterflows using the inspector's test valve? In reading 34.616b3, it appears to allow this.
If a fire alarm technician is testing devices on other systems (sprinkler or extinguisher) and testing the device will operate (activate) the other system in any manner, the technician and company must also meet the licensing requirements of the appropriate chapter(s); TIC 6001, 6003. (Amended March 2017)
Removing the cover of a flow switch and manipulating the contacts is not an acceptable way to test the waterflow switch. NFPA requires flowing water via an inspectors test valve. If the fire alarm inspector is not an authorized employee of a registered sprinkler firm, he cannot operate the inspector test valve to flow water and test the waterflow switches. The fire alarm inspector could have the owner operate the inspector test or coordinate with the sprinkler company to schedule testing at the same time. (Amended March 2017)
Reference: 28 TAC 34.616.(b)(3), NFPA 72 (2013) - 14.4.3.2
There is a new device on the market that senses the alarm sound from existing smoke alarms in a house and then transmits the signal to the central monitoring station. They are part of a wireless system. Does a company have to be licensed for fire alarm to install this device in Texas?
Yes. Installation of these devices require the company to be registered for fire alarm through the State Fire Marshal's Office and the installing employee to hold at least a residential fire alarm technician license. The monitoring station must also be registered for fire alarm.
These devices are intended to notify an owner and monitoring facility that a fire alarm device has been activated within the residence. The monitoring facility then takes appropriate action, including notifying the local fire department to dispatch emergency services. That being the case, these devices fall within the scope of the Fire Detection and Alarm Device statute (Texas Insurance Code 6002) and related rules.
Reference: Texas Insurance Code, Chapter 6002 ~ 28 Texas Administrative Code 34.600
Is a yellow label required on a fire alarm system where they do not have as-built plans or the test certificate (FML-009)?
This would typically not be an appropriate use for a yellow label. Depending on age of the system and ownership changes, these items could easily become lost or damaged and the property owner would be faced with significant cost to have another company recreate them. An exception would be where the local AHJ enforces the need for the plans and test certificates to be replaced by the property owner. If that is the case, a yellow label would be appropriate and required in that jurisdiction.
The yellow labels are intended to identify noncompliant issues that might impact the fire alarm system's ability to respond quickly and function properly when needed. Examples of these issues include: missing devices or areas of coverage, improper installation or application of devices, changes in occupancy type of the protected premise, lack of required testing or maintenance of the system.
Reference: 28 TAC Fire Alarm Rules 34.623. Yellow Labels
The company which services and monitors my home security system just informed me that the State Fire Marshal requires that my home alarm monitoring company inspect my smoke or heat detectors every 3 years and that your office requires them to replace any detectors with a manufacturing date over 10 years old. Is this in fact a State Fire Marshal's requirement?
No. The state fire marshal does not require you to have your system inspected every three years or replace your smoke detectors over 10 years old. The State Fire Marshal’s Office does not have jurisdiction over you as a homeowner in Texas. We certainly encourage homeowners to follow national standards and manufacturer's recommendations, but there is not a state code that “requires” you to do so.
The company is referencing sections from NFPA 72 (a National Fire Protection Association standard). NFPA 72 is adopted under the SFMO rules and companies are required to follow it as a minimum standard and best practice when engaging in the fire alarm business. That being said, it is up to the homeowner whether they want to inspect and maintain their home smoke alarms or detectors per these national standards.
Reference: NFPA 72 (2007) 11.10
On jobs where the electrical contractor is installing the fire alarm, does the required direct supervision from the fire alarm contractor have to be provided on-site at all times?
The licensing exception for electrical contractors requires direct supervision from the registered fire alarm firm, but it does not include the term “on-site.” The Fire Alarm Rules define “direct supervision” as the control of work as it is being performed. The registered firm assumes full responsibility for the installation and must perform and document the installation inspections as required by the fire alarm rules. The fire alarm firm is responsible to ensure that the level of supervision is appropriate.
Reference: TIC Sec. 6002.155.(1), 28 TAC 34.618
Can I remove a fire alarm system for non-payment?
Removing a fire alarm system for non-payment is not addressed in the statute or rules related to fire alarm (TIC 6002 or 28 TAC Chapter 34.600). A recommendation would be to consult with an attorney. Removing the system without understanding applicable business and service trade laws, may put you or your company in violation of statute and liable for damages.
We have seen cases over the last few years where out of state companies (not registered in Texas) contract for nationwide service policies and then subcontract with a Texas registered firm to perform the work in Texas. Is this legal?
No. The out of state fire alarm contractor needs to hold a valid Alarm Certificate of Registration (ACR).
Exception would be if the project or out of state contractor meets any of the criteria in TIC 6002.155.
Reference: 6002.151.(a)
I have a number of businesses in our city that have 50+ fire alarm tags on their panels. Can I as the AHJ remove any old tags?
Service labels are required to remain in place for at least two years, after which they may be removed by a licensed employee or agent of a registered firm. The Fire Alarm Rules allow the State Fire Marshal's Office or local AHJ to remove excess labels at any time.
Reference: 28TAC 34.621.(d)
We were told that 100% of devices must be tested when conducting an annual inspection of fire alarm in schools. NFPA shows 10% of devices must be tested.
An annual inspection would include 100% of the devices as required by Table 10.4.4 in NFPA 72.
There is a 10% of devices reference in Section 10.4.1.2 of NFPA 72. This applies to Reacceptance testing after additions or modifications to the system.
Reference: NFPA 72 (2007) 10.4
If a registered firm installs supplemental smoke alarms or smoke detection, do we have to verify that the existing coverage meets NFPA 72?
Yes. Before adding smoke alarms or smoke detectors to a home, the existing coverage must meet the minimum requirements of NFPA 72. The minimum required coverage and type of smoke alarms (battery/120v) may vary depending on age of the home (amended June 2016).
As a general rule of thumb, houses built in 2000 or later should be expected to have the minimum coverage of interconnected smoke alarms with primary power from the building electrical system. As with most design questions, however, determining whether a house has sufficient existing coverage is best handled case by case and based on a review by the firm's licensed Residential Fire Alarm Superintendent. For a home built after 2000, NFPA 72 will typically require complete coverage from either smoke alarms or system smoke detectors independently. Compliance cannot rely on the combination of the following: single-station alarms, multiple-station alarms, household fire alarm system (with smoke alarms or smoke detectors) (amended June 2016).
Reference: NFPA 72 (2007), 11.3, 11.5.1.1
We have several office locations in Texas. Can our labels be printed with each location's address and phone number, or do they all have to bear the address and phone of the main office location?
Each registered branch office may have its own labels with its own physical address location and phone number. The address should be the physical address that someone with a complaint or question can come and visit the firm. Adding a mailing address (PO Box) is optional. The labels can no longer be used if the branch office closes, or the phone number is no longer in service.
The industry is using “MC” type cable. This is a metal sheathed, flexible cable that is rated for use in fire alarm systems. Would this type cable fall under the exclusions listed for the definition of “direct supervision” and therefore able to be installed without direct supervision of a licensed individual?
No. Fire rated cables are not covered by the exemption in the definition of Direct supervision and are required to be installed by a licensed individual or under direct supervision.
Exception would be if the work falls under non-regulated activities. TIC 6002.155
Reference: 28 TAC, 34.606.(8), 34.616.(b)(1)
Does an employee of a registered firm have to be licensed to sell fire alarm systems?
A person selling a fire alarm system, that does not design or install fire alarm systems, is not required to hold an individual license under the Fire Alarm Statutes and Rules, however, they must be the employee of a registered firm. If their sales duties include planning, installation, or service in any way, however, they need to hold the appropriate license.
Reference: 28 TAC, Fire Alarm Rules, 34.611
Extinguishers
Who can test fire hose and what tag should be used?
Fire hoses can be tested by registered extinguisher OR fire sprinkler firms. A service tag would be used and must clearly indicate that the service was testing of the hose ONLY. The blue sprinkler ITM tags must not be used for testing hoses. This work can be performed by a licensed fire extinguisher technician (FEL) or by any authorized employee of a registered sprinkler firm (does not have to be an RME).
NFPA 25 defines when hoses should be tested and is adopted under both the Extinguisher and Sprinkler Rules. Hoses should be tested according to NFPA 1962 which is not adopted under either set of rules.
During semi-annual maintenance of a wet fire extinguisher system protecting commercial cooking equipment, is there a requirement to verify that the portable fire extinguisher provided as secondary backup is properly installed and of the proper type?
Yes. When performing the semi-annual maintenance of a wet chemical fire extinguisher system protecting commercial cooking equipment, the technician must verify that the required secondary backup portable extinguisher is installed properly and is listed and labeled for class K fires. If the secondary backup is not there - or is of the wrong type, the owner and authority having jurisdiction must be notified.
Reference: NFPA 96 (2014), Sec. 10.2.1 & 10.10
Can I install, service and perform maintenance on kitchen hood fire protection systems without being a distributor for the manufacturer or certified by the manufacturer?
The SFMO statute and rules do not specifically require that you be a distributor or certified by the manufacturer of the hardware you service. The Fire Extinguisher Statute and Rules require that fixed systems be planned, installed, and serviced in compliance with the manufacturers installation manuals and specifications or the applicable adopted standards. You are also required to have the applicable manufacturers listed installation and maintenance manual and service bulletins for the type system involved and any special tools or parts as required by the manufacturers manual. Where the authority having jurisdiction requests certification or documentation of training by the manufacturer, the company and licensee must be able to demonstrate their competency to install or service that particular type system.
As part of the application for a Type A or K license, the firms authorized representative lists systems that the firm is currently qualified to install or service and certifies that the applicant is competent to install or service those fixed systems.
Reference: 28 TAC 34.510.(e)(11), 34.514.(b)(2), 34.517.(b), NFPA 96 (2008) 10.2.6, 11.2.1; NFPA 17A (2009) 6.2, 6.4, 7.3
The SFMO has adopted the 2010 edition of NFPA 10. In Chapter 7, it says the testing process shall permit persons to use the standard during the test. Why are we not allowed to have a copy of NFPA 10 when taking the SFMO Type B exam?
SFMO licensing exams are closed book. In terms of difficulty, they are written and updated with that in mind. With the exams being outsourced to local testing centers and applicants taking multiple exams at same visit, it would be problematic to monitor and enforce that only NFPA 10 was being brought into the testing center.
The reference in NFPA 10 to an open book exam was new in the 2010 edition.
Reference: NFPA 10, 2010 edition 7.1.2.1.4
I currently hold a Fire Extinguisher System Planning License. With this license can I do the electrical part of the fire suppression system or just the mechanical part of the installation.
If the installation or servicing of a fixed fire extinguishing system includes the installation or servicing of any part of a fire alarm or detection system or a fire sprinkler system other than the installation and servicing of mechanical or pneumatic detection or actuation devices in connection with the fire extinguishing system, the licensing requirements of the appropriate Insurance Code Chapters 6002 or 6003 must be satisfied.
Reference: 28 TAC 34.517.(g)
Is it legal for an out of state contractor (not registered in Texas) to sell a system or services in Texas and then subcontract with a Texas registered firm to perform the work?
No. The out of state company must hold an Extinguisher Certificate of Registration (ECR) to engage in the business in Texas.
Exception would be if the project or out of state contractor meets any of the criteria in TIC 6001.156.
Reference: TAC, Fire Extinguisher Rules, 34.506.(2) & 34.510.(a)
Can we have tags printed for each office, or do all tags have to printed with the main office address and phone number?
Each registered branch office may have its own tags with its own physical address location and phone number on the tag. The address should be the physical address that someone with a complaint or question can come and visit the firm. Adding a mailing address (PO Box) is optional. These tags can no longer be used if the branch office closes, or the phone number is no longer in service.
Can you clarify what is required for our company to do low pressure hydrostatic testing of portable fire extinguishers?
There is no special registration for performing hydrostatic testing on non-DOT spec. cylinders. The work must be performed by an appropriately licensed employee of a registered fire extinguisher firm.
Hydrostatic testing for DOT spec. cylinders requires a “Type C” registration from the SFMO and a identification number (RIN) from the US Department of Transportation (DOT).
Reference: TIC 6001.153, 28 TAC 34.514.(a)(4)
Does power to an oven have to shut down when the fire suppression system activates?
Ovens are generally not required to be protected by the fire suppression system. Therefore, according to NFPA standards, the power to an unprotected oven would not have to shut off on system actuation. A shut down may be “recommended” (not red tagged) but is not required by code. Note that all fuel sources and electric power to gas appliances under the hood must shut off on actuation of the fire suppression system.
Reference: NFPA 96-10.4 (2008), NFPA 17A-4.4.3 (2009)
Does a hood suppression system have to be connected to a sprinkler monitoring system for notification?
No. Generally it is not required to be connected to the sprinkler monitoring panel. An exception applies, where the local authority having jurisdiction has local codes requiring a connection
NFPA 17A requires the extinguishing system to be “connected to the fire alarm system ... so that actuation ... will sound the fire alarm.” The intent would be notification throughout building / evacuation (which the sprinkler monitoring system may not provide). A sprinkler monitoring system installed where there is not a building fire alarm system is considered a “dedicated function fire alarm system.” As such, it is not required to include other functions or features of a building fire alarm system (i.e., monitoring other systems).
Reference: NFPA 17A (2009) Par. 5.2.1.9, NFPA 96 (2008) Par. 10.6.2, 72 (2007) Par. 6.3.3.2.1, Par. 6.8.5.5.1
Fireworks
Can I build a retail fireworks stand from a steel shipping container?
Yes. As long as all applicable requirements of the statute and rules are met, steel shipping containers can be used as retail fireworks stands. Each stand must have walk door(s) that open outward; 1 door if stand is less than 16 feet in length, 2 doors if stand is 16 feet or longer (one on each end). Additional requirements must be met when the stand is open for business:
- Doors must be free swinging (if not secured in open position).
- Doors must not require more force to open than required by NFPA 101 (2015), Par. 7.2.1.4.5.1.
- Doors must be secured in unlocked position.
Reference: 28 TAC 34.800 (Fireworks Rules), 34.817(a), 34.818
I am getting out of the fireworks business and want to sell my stand and inventory. Can I sell them on Craigslist or other internet sales site?
The stand could be sold that way, but not the inventory. Consumer fireworks (1.4G) can only be sold legally to the general public in Texas by a permitted retailer, from a permitted retail site, and only during the selling seasons established by state statute. Additionally, the fireworks cannot be sold to a retailer unless the seller is a licensed distributor or jobber. Depending on the facts and circumstances, selling the consumer fireworks in any other manner may meet elements of a Class A or B misdemeanor offense and subject the fireworks to being seized (TOC 2154.303, 304).
It is possible that a licensed distributor might be willing to take back the 1.4G fireworks as part of a refund or consignment type sale, but it would be at their discretion.
Reference: Texas Occupations Code Chapter 2154, 28 TAC 34.800 (Fireworks Rules).
Does the State Fire Marshal's Office establish burn bans or determine whether to restrict the use or sales of fireworks during drought conditions?
No. This action is generally taken by the commissioners court or other local authority of a county. Statute provides for the commissioners courts to regulate sale or use of specific type restricted fireworks (defined as rockets with sticks, missiles with fins) under drought conditions. Further restriction is authorized under burn bans and disaster declarations.
Reference: Local Government Code, Title 11, Subtitle B, Chapter 352.051, Regulation of Restricted Fireworks; Local Government Code, Title 11, Subtitle B, Chapter 352.081, Regulation of Outdoor Burning; Government Code, Title 4, Subtitle B, Chapter 418, Emergency Management
I have an indoor retail fireworks store and I would like to also sell fireworks through my internet site. Is this permissible?
A retailer holding a valid firework retail sales permit could allow consumers to pre-order fireworks through a website if the following conditions are met.
- The retailer must have a physical location meeting the requirements of Chapter 2154, Texas Occupations Code and 28 TAC 34.800.
- The order, payment and pick up must occur during the selling season.
- The consumer must pick up the fireworks from the retail sales location.
The statute precludes shipment of fireworks to consumers through the mail. The law clearly states that fireworks may only be sold to the public at a retail location with a permit. The statute prohibits taking an order for fireworks, accepting payment, and then shipping them by any means to the customer. The customer must come to the retail location to purchase fireworks and do so during the selling season allowed by statute.
Reference: Texas Occupations Code 2154.252, 2154.053
Can I sell sky lanterns from my fireworks stand or indoor site?
No. It would be a violation of the Fireworks rules to sell these items at a fireworks retail site and may result in the State Fire Marshal seeking sanctions.
Chapter 2154 of the Occupations Code states that all fireworks sold in Texas must be listed by the U.S. Department of Transportation. Sky lanterns, also known as kongming lanterns or wish lanterns, are not classified as fireworks by the U.S. DOT. The Fireworks Rules state that a retail site may only sell fireworks, fireworks promotional items and accessories and those items listed in the Occupations Code 2154.002(4).
Reference: Occupations Code 2154, 28 TAC 34.817(i)
Can I use sky lanterns at my wedding?
While the sale of sky lanterns or similar products may be legal in Texas at this time, the State Fire Marshal's Office strongly recommends against the use of the devices. Individuals choosing to use sky lanterns or similar products are advised to consider the following:
- Lighting and releasing these devices may be illegal in counties that have a burn ban in place. Doing so could constitute a Class C misdemeanor offense.
- Where the city or county has a fire code in place, lighting and releasing these devices may put you in violation of that code and subject to penalties for unattended burning. Prior to using these devices, contact your local fire marshal or other authority to find out if local statutes or codes prohibit the use of these devices.
- In the event that the device causes a fire, you could be held liable for any resulting damages, and could be subject to indictment for a criminal offense. Depending on circumstances, lighting and releasing this device which then causes a fire may meet elements of arson or related offenses.
I have an indoor retail fireworks store and would like to build a room in the building for sleeping during the fireworks selling season. Is this permissible?
Although sleeping accommodations are not specifically prohibited in the statute or rules, the intent of the rule is that the purpose of the building is for sale and storage of fireworks and not for any other use such as sleeping. The State Fire Marshal's Office advises against the practice.
The Fireworks Rules prohibit a retail sales site from being part of a multi-use facility. They also state that indoor retail fireworks sites must comply with the occupancy requirements for a mercantile under NFPA 101, the Life Safety Code. Based on the definitions in NFPA 101, mercantile and residential occupancies would be separate or at least two different uses of a building.
Reference: 28 TAC 34.832(1), 34.832(19), NFPA 101, the Life Safety Code
Sprinklers
When conducting a quarterly sprinkler inspection on a system that is still non-compliant from its annual inspection (issues have not been corrected), does the yellow tag condition from the annual inspection carry over to the quarterly inspection? Even though the quarterly inspection would be blue tagged if based solely on the criteria for a quarterly inspection.
If a sprinkler system has a yellow tag and the noted issues have not been corrected, any future inspections should carry over those issues. The discrepancies should be noted on the tag and quarterly report and the authority having jurisdiction should be notified.
Who can test fire hose and what tag should be used?
Fire hoses can be tested by registered extinguisher OR fire sprinkler firms. A service tag would be used and must clearly indicate that the service was testing of the hose ONLY. The blue sprinkler ITM tags must not be used for testing hoses. This work can be performed by a licensed fire extinguisher technician (FEL) or by any authorized employee of a registered sprinkler firm (does not have to be an RME).
NFPA 25 defines when hoses should be tested and is adopted under both the Extinguisher and Sprinkler Rules. Hoses should be tested according to NFPA 1962 which is not adopted under either set of rules.
The SFMO recently adopted newer NFPA standards than many local cities use. Do the contractors have to meet those requirements regardless of what the local AHJ has adopted through their building or fire codes?
The editions of NFPA standards that are adopted by the state (SFMO) do not automatically override local building or fire codes and their adopted NFPA editions. Contractors are expected to communicate with the local jurisdiction and know what codes and standards apply in that jurisdiction and design or install to those local requirements. Where a contractor perceives that conflicts exist between the editions adopted through the SFMO rules and the editions adopted locally, the contractor needs to bring it to the attention of the local AHJ for discussion and resolution per the AHJs direction and authority.
Same response applies to ALM and EXT. The alarm rules include language addressing use of alternative model code sets, see 34.607.(a)(15) and (b).
Can a SCR-D firm install a 13R type fire sprinkler system?
No. The SCR-D/RME-D are only authorized to design and install NFPA 13D type systems in one- and two- family dwellings.
NFPA 13R systems are for Residential Occupancies Up to and Including Four Stories which are defined in 13R as (1) apartment buildings, (2) lodging and rooming houses, (3) board and care facilities, and (4) hotels. Additionally, the RME-D licensee only tests over NFPA 13D.
Reference: NFPA 13R (2010) 3.3.7,
Can a RME-U sign the plan stamp for sprinkler underground plans?
No. The RME plan stamp described in 34.717 must be signed by an RME-G or D (as appropriate) or a licensed engineer.
By definition, the RME-U is authorized to install, maintain, and service the underground fire main, but not plan it.
Reference: 28 TAC 34.710.(i)(3), 34.711.(f)(3), 34.717.(d)
Is the RME required to be present for acceptance testing with the local FM?
The statute and rules do not require an RME to be present for acceptance testing with the AHJ. There may be local policies in place, however, requiring the RME to be present. When working in a new jurisdiction, you should always check with the ahj in advance to become familiar with any requirements they may have.
An RME must perform the inspection, test and maintenance (ITM) operation as defined in the rules and NFPA 25. Other testing or maintenance is not ITM as defined and therefore does not require an RME to be present. The RME must affix a material and test certificate to the system upon completion, but this is not required to be done at time of the AHJ acceptance testing.
Reference: 28 TAC 34.706.(11), 34.716.(b) & (c) , SFMO Forms SF041 & SF042
Is it legal for an out of state fire sprinkler contractor (not registered in Texas) to sell a job in Texas and then contract with a Texas registered sprinkler contractor to perform the work?
No. The out of state fire sprinkler contractor needs to hold a valid Sprinkler Certificate of Registration (SCR).
Exception would be if the project or out of state contractor meets any of the criteria in TIC 6003.002
Reference: TIC 6003.151.(a)
It is extremely difficult, if not impossible, to be allowed access to all occupied guest rooms in hotels. This leaves us with a incomplete inspection, due to requirement for visual inspection of 100% of the building. Should this be a yellow tag?
This would not be the proper use for a yellow tag (unless of course a deficiency was found), however it would not be permissible to attach a blue ITM tag to the system as a full ITM service was not performed (all heads not inspected from floor level). The most appropriate action in these cases would be to attach a white service tag to the system and note the work performed on the tag (i.e., annual maintenance service – unable to inspect heads in each room).
Reference: 28 TAC 34.719, 34.720; NFPA 25 (2008) 5.2.1
Does the RME-I only have to perform the inspection, test, and maintenance items specified in NFPA 25?
The licensed RME-I is responsible to conduct inspection, testing and maintenance services in accordance with NFPA 25. The RME-I is not responsible to determine if systems are designed and installed properly.
During the course of any inspection, testing and maintenance service, however, it is very possible that the RME will come across situations where parts of a system are non-compliant that are not addressed in NFPA 25. If obvious non-compliant issues are found and noted as part of the inspection (that do not constitute an emergency condition), the fire sprinkler rules require a yellow tag to be attached and timely notification made to the owner and AHJ. Examples of these non-compliant items could include obstructions and over-spaced or missing heads (amended August 2016).
Reference: 28 TAC 34.707.(2), 34.711.(f)(4), 34.721
We have several office locations. Can each office print its own physical address and phone number on the tags, or do the tags have to be printed with the only the main company address on the registration?
Each office may have it's own tags with its own physical address location and phone number on the tag. The address should be the physical address that someone with a complaint or question can come and visit the firm. Adding a mailing address (PO Box) is optional.
Does the State Fire Marshal's Office require a license or registration for the installation or maintenance of public and/or private fire hydrants?
The Texas State Fire Marshal's Office does not have any specific licensing requirements for maintaining fire hydrants in general. If the fire hydrants are part of an underground supply line that is part of a fire sprinkler system, the company performing the work must be a registered sprinkler firm.
Reference: 28 TAC 34.706(20)
Can a registered fire protection sprinkler contractor hire individuals acting as independent contractors and consider them employees under TIC 6003? i.e. hire individuals to install or service sprinkler systems, or as a responsible managing employee (RME) and report their payment on a 1099 wage form as independent contractors.
No. The 1099 based worker is not considered an employee for purposes of the fire sprinkler statute and rules.
Reference: 28 TAC 34.710(a), Texas Attorney General Opinion JM-689
Is it acceptable for a registered fire protection sprinkler company to pay their workers through a staff leasing company? Are the workers considered to be employees for purposes of the requirements in the fire protection sprinkler statute and rules?
Yes. A licensed responsible managing employee (RME) hired through a staff leasing service is considered to be an employee of the fire sprinkler firm as required by TIC 6003.153.(a). In addition, unlicensed workers hired though a staff leasing service are considered to be regular employees of the registered firm for the purposes of TIC 6003.002.(a)(7).
Labor Code Section 91.004(b) provides: “An employee who is licensed, registered, or certified under law and who is assigned to a client company is considered to be an employee of the client company for the purpose of that license, registration, or certification.”
Reference: Labor Code Section 91.004(b)