Section 34.616 - Sales, Installation, and Service(a) Residential alarm (single station). (1) Registered firms may employ persons exempt from the licensing provisions of Insurance Code § 6002.155(10) to sell, install, and service residential, single station alarms. Exempted persons must be under the supervision of a residential fire alarm superintendent (single station), residential fire alarm superintendent, or fire alarm planning superintendent.(2) Each registered firm that employs persons exempt from licensing provisions of Insurance Code § 6002.155(10) is required to maintain documentation to include lesson plans and annual test results demonstrating competency of those employees regarding the provisions of Insurance Code Chapter 6002, adopted standards, and this subchapter applicable to single station devices.(b) Fire detection and fire alarm devices or systems other than residential single station. (1) The installation of all fire detection and fire alarm devices or systems, including monitoring equipment subject to Insurance Code Chapter 6002, must be performed by or under the direct on-site supervision of a licensed fire alarm technician, residential fire alarm technician, residential fire alarm superintendent, or a fire alarm planning superintendent for the work permitted by the license. The licensee responsible for the planning of all fire detection and fire alarm devices or systems, including monitoring equipment subject to Insurance Code Chapter 6002, must be licensed under the Alarm Certificate of Registration (ACR) number of the registered firm responsible for the planning. The certifying licensee, who is licensed under the ACR number of the registered firm responsible for the installation, must be present for the final acceptance test prior to certification. The registered firm responsible for the planning of the fire devices or system can be different from the firm responsible for the installation.(2) The maintenance or servicing of all fire detection and fire alarm devices or systems must be performed by or under the direct on-site supervision of a licensed fire alarm technician, residential fire alarm technician, residential fire alarm superintendent, or a fire alarm planning superintendent for the work permitted by the license. The licensee attaching a label must be licensed under the ACR number of the primary registered firm.(3) If the installation or servicing of a fire alarm system also includes installation or servicing of any part of a fire protection sprinkler system or a fire extinguisher system, the licensing requirements of Insurance Code Chapters 6001 and 6003 must be satisfied, as appropriate.(4) The planning, installation, and servicing of fire detection or fire alarm devices or systems, including monitoring equipment, must be performed according to standards adopted in § 34.607 of this title (relating to Adopted Standards) except when the planning and installation complies with an edition of the standard that has been previously adopted by the political subdivision in which the system is installed.(5) Fire alarm system equipment replaced in the same location with the same or similar electrical and functional characteristics and listed to be compatible with the existing equipment, as determined by a fire alarm planning superintendent, may be considered a repair. The equipment replaced must comply with the currently adopted standards, but the entire system is not automatically required to be modified to meet the applicable adopted code. The local authority having jurisdiction (AHJ) must be consulted to determine whether to update the entire system to comply with the current code and if plans or a permit is required prior to making the repair.(6) On request of the owner of the fire alarm system, a registered firm must provide all passwords, including those for the site-specific software, but the registered firm may refrain from providing that information until the system owner signs a liability waiver provided by the registered firm.(c) Monitoring requirements. (1) A registered firm may not monitor a fire alarm system located in the State of Texas for an unregistered firm.(2) A registered firm may not connect a fire alarm system to a monitoring service unless: (A) the monitoring service is registered under Insurance Code Chapter 6002 or is exempt from the licensing requirements of that chapter; and(B) the monitoring equipment being used is in compliance with Insurance Code § 6002.251.(3) A registered firm must employ at least one technician licensee at each central station location. Each dispatcher at the central station is not required to be a fire alarm technician licensee.(4) A registered firm subcontracting monitoring services to another registered firm must advise the monitoring services subscriber of the identity and location of the registered firm actually providing the services unless the registered firm's contract with the subscriber contains a clause giving the registered firm the right, at the registered firm's sole discretion, to subcontract any or all of the work or service.(5) A registered monitoring firm reporting an alarm or supervisory signal to a municipal or county emergency services center must provide, at a minimum, the type of alarm, address of alarm, name of subscriber, dispatcher's identification, and call-back phone number. If requested, the firm must also provide the name, registration number, and call-back phone number of the firm contracted with the subscriber to provide monitoring service if other than the monitoring station.(6) If the monitoring service provided under this subchapter is discontinued before the end of the contract with the subscriber, the monitoring firm, central station, or service provider must notify the owner or owner's representative of the monitored property and the local AHJ a minimum of seven days before terminating the monitoring service. If the monitored property is a one- or two-family dwelling, notification of the local AHJ is not required.(d) Record keeping. The firm must keep complete records of all service, maintenance, and testing on the system for a minimum of two years. The records must be available for examination by the state fire marshal or the state fire marshal's representative.28 Tex. Admin. Code § 34.616
The provisions of this §34.616 adopted to be effective February 27, 1995, 20 TexReg 1021; amended to be effective November 27, 1995, 20 TexReg 9449; amended to be effective August 26, 1996, 21 TexReg 7663; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective April 1, 2006, 31 TexReg 1711; amended to be effective July 5, 2011, 36 TexReg 4111; amended to be effective July 29, 2014, 39 TexReg 5761; Amended by Texas Register, Volume 41, Number 29, July 15, 2016, TexReg 5189, eff. 7/19/2016; Amended by Texas Register, Volume 44, Number 34, August 23, 2019, TexReg 4484, eff. 8/29/2019; Amended by Texas Register, Volume 46, Number 17, April 23, 2021, TexReg 2826, eff. 4/28/2021