1. (a) Applicants for licenses are required to take a test and obtain at least a grade of 70% on the test. Tests may be supplemented by practical tests or demonstrations deemed necessary to determine the applicant's knowledge and ability. The test content, frequency, location and outsource testing service shall be designated by the state fire marshal.

   1. (1) The Type B license test will include questions on the following:

      1. (A) this subchapter and the Insurance Code Article 5.43-1; and
      2. (B) installing and servicing of portables.

   2. (2) The Type A license test will include questions on the following:

      1. (A) this subchapter and the Insurance Code Article 5.43-1;
      2. (B) installing and servicing of portables;
      3. (C) fixed systems; and
      4. (D) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking areas.

   3. (3) The Type K license test will include questions on the following:

      1. (A) this subchapter and the Insurance Code Article 5.43-1;
      2. (B) installing and servicing of portables; and
      3. (C) installing and servicing pre-engineered fixed fire extinguisher systems for the protection of cooking areas.

   4. (4) The Type PL license test will include questions on the following:

      1. (A) this subchapter and the Insurance Code Article 5.43-1; and
      2. (B) a technically qualifying test to be conducted through NICET.
   5. (5) The Type R license test will include questions on this subchapter and Insurance Code Article 5.43-1.
2. (b) The standards used in the tests will be adopted by the State Fire Marshal's Office.
3. (c) Examinees who fail any topic on the test must file a retest application accompanied by the required fee.
4. (d) A person whose license has been expired for two years or longer who makes application for a new license must take and pass another test. No test is required for a licensee whose license is renewed within two years of expiration.
5. (e) An examinee who is scheduled for a test to be conducted on a religious holy day by the State Fire Marshal's Office and who wishes to observe the religious holy day may request the rescheduling of the test to an alternate date.
6. (f) An applicant may only schedule each type of test three times within a twelve-month period.

Source Note:The provisions of this §34.516 adopted to be effective December 5, 1984, 9 TexReg 6006; amended to be effective April 14, 1989, 14 TexReg 1632; 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 7077; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective June 3, 2004, 29 TexReg 5402; amended to be effective September 20, 2004, 29 TexReg 9006; amended to be effective April 1, 2006, 31 TexReg 1706.