1. (a) Certificates of registration.

   1. (1) Applications for certificates must be submitted on forms provided by the state fire marshal and must be accompanied by all other information required by the Insurance Code, Article 5.43-3, and this subchapter. An application will not be deemed complete until all required forms and documents have been received in the state fire marshal's office.
   2. (2) Applications shall be signed by the sole proprietor, or by each partner of a partnership, or by an officer of a corporation. For corporations, the application must be accompanied by the corporate charter of a Texas corporation, or, in the case of a foreign corporation, a copy of the Texas certificate of authority to do business. For applicants using an assumed name, the application must also be accompanied by evidence of compliance with the Assumed Business or Professional Name Act, Texas Business and Commerce Code Annotated, §36.01. The application shall also include written authorization by the applicant permitting the state fire marshal or his representative to enter, examine, and inspect any premises, building, room, or establishment used by the applicant while engaged in the business to determine compliance with the provisions of the Insurance Code, Article 5.43-3, and this subchapter.
   3. (3) For corporations, the application must also include the corporate taxpayer identification number, the charter number, and a copy of the corporation's current franchise tax certificate of good standing issued by the state comptroller's office.
   4. (4) An applicant shall not designate as its full-time RME a person who is the designated full-time RME of another registered firm.
   5. (5) A registered firm must not conduct any business as a fire protection sprinkler contractor until a full-time RME is employed.
   6. (6) A certificate of registration may not be renewed unless the firm has at least one licensed RME as a full-time employee before the expiration of the certificate of registration to be renewed. If an applicant for renewal does not have an RME as a full-time employee as a result of death or disassociation of an RME within 30 days preceding the expiration of the certificate of registration, the renewal applicant must inform the license section of the state fire marshal's office of the employment of a full-time RME before the certificate of registration will be renewed.

   7. (7) Insurance required.

      1. (A) The state fire marshal must not issue a certificate of registration under this subchapter unless the applicant files with the state fire marshal's office a proof of liability insurance. The insurance must include products and completed operations coverage.
      2. (B) Each registered firm must maintain in force and on file in the state fire marshal's office the certificate of insurance as required. Failure to do so will be cause for action to suspend the firm's certificate of registration.
      3. (C) Evidence of public liability insurance, as required by the Insurance Code, Article 5.43-3, §5, must be in the form of a certificate of insurance executed by an insurer authorized to do business in this state or, until September 1, 1989, a certificate of insurance for surplus lines coverage in compliance with the Insurance Code, Article 1.14-2, as contemplated under the Insurance Code, Article 5.43-3, §5(b).
      4. (D) If a certificate of registration is to be issued in the name of a corporation, the corporate name must be used on the applicable insurance forms. If the corporation is obtaining a certificate of registration in an assumed name, the insurance must be issued to the corporation doing business as (dba) the assumed name. Example: XYZ Corporation dba XXX Fire Sprinkler Service.
      5. (E) The insurance issued for a partnership must be issued to the name of the partnership or to the names of all the individual partners.
      6. (F) The insurance for a proprietorship must be issued to the individual owner. If an assumed name is used, the insurance must be issued to the individual doing business as (dba) the assumed name. Example: William Jones dba XXX Fire Sprinkler Service.

2. (b) Responsible managing employee licenses.

   1. (1) Original and renewal applications for a license from an employee of a firm engaged in the business must be submitted on forms provided by the state fire marshal and accompanied by all other information required by the Insurance Code, Article 5.43-3, and this chapter.

   2. (2) The following documents must accompany the application as evidence of technical qualifications for a license:

      1. (A) RME-General:

         1. (i) proof of current registration in Texas as a professional engineer; or
         2. (ii) a copy of NICET's notification letter confirming the applicant's successful completion of the test requirements for certification at Level III for fire protection automatic sprinkler systems layout.

      2. (B) RME-Dwelling:

         1. (i) proof of current registration in Texas as a professional engineer and evidence of the applicant's successful completion of a course, designated by the State Fire Marshal's Office, on the planning, inspection and installation of an NFPA 13D, dwelling fire protection sprinkler system; or

         2. (ii) a copy of the notification letter confirming at least a 70% grade on the test covering dwelling fire protection sprinkler systems, administered by the State Fire Marshal's Office or an outsource testing service, and either:

            1. (I) proof of license as a "RME-General" and evidence of the applicant's successful completion of a course, designated by the State Fire Marshal's Office, on the planning, inspection and installation of an NFPA 13D, dwelling fire protection sprinkler system; or
            2. (II) evidence of the applicant's successful completion of a course, designated by the State Fire Marshal's Office, on the planning, inspection and installation of an NFPA 13D, dwelling fire protection sprinkler system and a copy of NICET's notification letter confirming the applicant's successful completion of the test requirements for certification at Level II for fire protection automatic sprinkler system layout and evidence of a current Texas master plumber license; or
            3. (III) evidence of the applicant's successful completion of a course, designated by the State Fire Marshal's Office, on the planning, inspection and installation of an NFPA 13D, dwelling fire protection sprinkler system and a copy of NICET's notification letter confirming the applicant's successful completion of the test requirements for certification at Level II for fire protection automatic sprinkler system layout and evidence of current employment by a registered fire sprinkler contractor.

      3. (C) RME-Underground Fire Main:

         1. (i) proof of current registration in Texas as a professional engineer; or
         2. (ii) a copy of the notification letter confirming at least a 70% grade on the test covering underground fire mains for fire protection sprinkler systems, administered by the State Fire Marshal's Office or an outsource testing service.
3. (c) Complete applications. The application form for a license or registration must be accompanied by the required fee and must, within 180 days of receipt by the department of the initial application, be complete and accompanied by all other information required by the Insurance Code Article 5.43-3 and this subchapter, or a new application must be submitted including all applicable fees.

Source Note:The provisions of this §34.713 adopted to be effective May 10, 1984, 9 TexReg 2380; amended to be effective October 17, 1986, 11 TexReg 4161; amended to be effective April 14, 1989, 14 TexReg 1644; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective December 14, 1994, 19 TexReg 9526; amended to be effective September 20, 1995, 20 TexReg 7077; 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 June 3, 2004, 29 TexReg 5402.