1. (a) Application scope. A testing laboratory seeking approval of its certification program(s) for fire extinguishers, fixed fire extinguishing, fire detection, fire alarm, or fire protection sprinkler systems must submit an application on forms obtained from the state fire marshal's office. The application must include complete documentation of the information needed to demonstrate the capability of the organization to carry out the programs and must specify all programs for which approval is sought.
2. (b) Review. The application will be reviewed and the applicant advised of its disposition.
3. (c) Approval. Approval shall be for an indefinite period, contingent upon results of periodic inspections of the laboratory by the state fire marshal and may be limited to specific certification programs.
4. (d) Denials. If the application is denied, the applicant shall be notified in writing stating the conditions for nonapproval. The applicant may submit revisions which are needed to obtain approval, without prejudice.
5. (e) Application changes. If at any time during the approval period there are changes in products tested, new programs added, a change of ownership or corporate officers, or an address change, the laboratory must advise the state fire marshal of the changes by submitting revisions to the previous application or submitting a new application, so that the laboratory files in the state fire marshal's office will be up-to-date.

6. (f) Approved laboratories. Notwithstanding the requirements of these sections, the following organizations will be approved as testing laboratories from the effective date of these sections:

   1. (1) Factory Mutual Research Corporation, 1151 Boston-Providence Turnpike, Norwood, Massachusetts 02062;
   2. (2) Underwriters Laboratories, Incorporated, 333 Pfingston Road, Northbrook, Illinois 60032;
   3. (3) United States Testing Company, Incorporated, 1415 Park Avenue, Hoboken, New Jersey 07030.
7. (g) Within two years from the effective date of these sections, the laboratories approved by this section must submit to the state fire marshal a completed application form containing updated information and supporting documentation required by these sections on all certification programs being conducted.
8. (h) Other approved testing laboratories. Notwithstanding the requirements of these sections, an organization will be considered an approved testing laboratory, if it is currently accredited as a Nationally Recognized Testing Laboratory (NRTL) by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) in accordance with the requirements of 29 CFR 1910.7 for that specific product or category of products.

Source Note:The provisions of this §34.407 adopted to be effective June 20, 1989, 14 TexReg 2681; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective September 20, 1995, 20 TexReg 7076; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091.