(a) The licensing provisions of this chapter do not apply to:
- (1) the filling or charging of a portable fire extinguisher by the manufacturer before initial sale of the fire extinguisher;
- (2) the servicing by a firm of the firm's portable fire extinguishers or fixed systems by the firm's personnel who are specially trained for that servicing;
- (3) the installation of portable fire extinguishers in a building by the building owner, the owner's managing agent, or an employee of the building owner or the owner's managing agent;
- (4) the installation or servicing of water sprinkler systems installed in compliance with the National Fire Protection Association's Standards for the Installation of Sprinkler Systems;
- (5) a firm that is engaged in the retail or wholesale sale of portable fire extinguishers that carry an approval label or listing of a testing laboratory approved by the department, but that is not engaged in the installation or servicing of those extinguishers;
- (6) a fire department that services portable fire extinguishers as a public service without charge, if the members of the fire department are trained in the proper servicing of the fire extinguishers;
(7) a firm that is a party to a contract under which:
- (A) the installation of portable fire extinguishers or a fixed fire extinguisher system is performed under the direct supervision of and certified by a firm appropriately registered to install and certify portable extinguishers or fixed systems; and
- (B) the registered firm assumes full responsibility for the installation; or
- (8) an engineer licensed under Chapter 1001, Occupations Code, while acting solely in the engineer's professional capacity.
(b) Except as provided by Subsection (a), only the holder of a license or an apprentice permit issued under this chapter may:
- (1) install or service portable fire extinguishers; or
- (2) install and maintain fixed fire extinguisher systems.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.