1. (a) Residential alarms (single station).

   1. (1) Registered firms may employ persons exempt from the licensing provisions of the Insurance Code, Article 5.43-2, §3(b)(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. (2) Each registered firm that employs persons exempt from licensing provisions of the Insurance Code, Article 5.43-2, §3(b)(10), is required to maintain documentation to include lesson plans and annual test results demonstrating competency of said employees regarding the provisions of Article 5.43-2, adopted standards, and this chapter applicable to single station devices.

2. (b) Fire detection and fire alarm devices or systems other than residential single station.

   1. (1) The installation of all fire detection and fire alarm devices or systems, including monitoring equipment, subject to the Insurance Code, Article 5.43-2 must be performed by or under the direct supervision of a licensed fire alarm technician, residential fire alarm superintendent, or a fire alarm planning superintendent. The certifying licensee must be licensed under the ACR number of the primary registered firm and must be present for the final acceptance test prior to certification.
   2. (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 superintendent or a fire alarm planning superintendent.
   3. (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 and/or a fire extinguisher system other than inspection and testing of detection or supervisory devices, the licensing requirements of the appropriate Insurance Code, Article 5.43-1 or 5.43-3, must be satisfied.
   4. (4) Installation of fire detection or fire alarm devices or systems, including monitoring equipment, must be in accordance with standards adopted in §34.607 of this title (relating to Adopted Standards) except when the installation complies with a more recent edition of an adopted standard or a Tentative Interim Amendment published as effective by the NFPA.
   5. (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 repair. The equipment replaced shall comply with the current adopted standards but the entire system is not automatically required to be modified to meet the applicable adopted code. The local authority having jurisdiction shall 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. (6) Upon 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.

3. (c) Monitoring requirements.

   1. (1) A registered firm may not monitor a fire alarm system located in the State of Texas for an unregistered firm.
   2. (2) A registered firm may not connect a fire alarm system to a monitoring service unless the monitoring service is registered under or is exempt from the licensing requirements of Insurance Code Article 5.43-2, so long as the monitoring equipment being used is in compliance with Article 5.43-2, §9.
   3. (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. (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 such 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. (5) A registered monitoring firm, reporting an alarm or supervisory signal to a municipal or county emergency services center, shall 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 shall 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. (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, and/or service provider shall notify the owner or owner's representative of the monitored property and the local authority having jurisdiction, 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 authority having jurisdiction is not required.

Source Note: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.