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TFM-08 Test Exam QUESTIONS AND CORRECT
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Responsible managing employee license (General Inspector) answers (A) initial fee-
- $50; (B) renewal fee (for two years)--$100; (C) renewal late fee (expired 1 day to 90 days)--$25; (D) renewal late fee (expired 91 days to two years)--$ Duplicate or revised certificate or license or other requested changes to certificates or licenses answers $ Test fee (if administered by the State Fire Marshal's Office) answers $ More Test info answers (d) Late fees are required of all certificate or license holders who fail to submit renewal applications before their expiration dates. (e) A license or registration expires [shall expire] at 12:00 midnight on the date printed on the license or registration. A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely. If a renewal application is not complete but there has been no lapse in the required insurance, the applicant will [shall] have 30 days from the time the applicant is notified by the State Fire Marshal's Office of the deficiencies in the renewal application to submit any additional requirement. If an applicant fails to respond and correct all deficiencies in a renewal application within the 30-day period, a late fee may be charged. (f) Holders of certificates and licenses that [which] have been expired for less than two years cannot be issued new certificates or licenses. (g) Fees for certificates and licenses that [which] have been expired for less than two years include both renewal and late fees.
Section 34.715 Tests answers (a) Each applicant for a license must take and pass with at least a 70 percent grade, a test covering this subchapter and Insurance Code Chapter 6003 and if applicable, a technical qualifying test as specified in §34.713(b) of this title (relating to Applications). The content, frequency, and location of the test must be designated by the State Fire Marshal's Office. (b) Examinees who fail must file a retest application accompanied by the required fee. (c) 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. (d) 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. (e) An applicant may only schedule each type of test three times within a twelve- month period. (f) An applicant for a license must complete and submit all application requirements within one year of the successful completion of any test required for a license, except for testing conducted by NICET; otherwise, the test is voided and the individual will have to pass the test again. Section 34.716 Installation, Maintenance, and Service answers (a) All fire protection sprinkler systems installed under Insurance Code Chapter 6003 must be installed under the supervision of the appropriate licensed responsible managing employee. (1) An RME- General may supervise the installation of any fire protection sprinkler system including one- and two-family dwellings. (2) An RME-Dwelling may only supervise the installation of a fire protection sprinkler system in one- and two-family dwellings. (3) An RME-Underground Fire Main may only supervise the installation of an assembly of underground piping or conduits that conveys water with or without other agents and used as an integral part of any type of fire protection sprinkler system. (b) On completion of the installation, the licensed RME type G, D, or U (as applicable) must have affixed a contractor's material and test certificate for aboveground or underground piping on or near the system riser. If the adopted installation standard does not require testing, all other sections except the testing portion of the contractor's material and test certificate must still be completed. The contractor's material and test certificate must be obtained from the State Fire Marshal's Office. The certificate must be distributed as follows: (1) original copy kept at the site after completion of the installation; (2) second copy retained by the installing company at its place of business in a separate file used exclusively by that firm to retain all Contractor's Material and Test Certificates. The certificates must be available for examination by the state fire marshal or the state fire marshal's representative on request. The certificates must be retained for the life of the system; and (3) third copy to be sent to the local AHJ within 10 days after completion of the installation. (c) Service, maintenance, or testing, when conducted by som
system. (g) Installation tags must contain the following information in the format of the sample tag in subsection (h) of this section: (1) "DO NOT REMOVE BY ORDER OF TEXAS STATE FIRE MARSHAL" (all capital letters, at least 10-point boldface type); (2) firm's name, address, phone number, and certificate of registration number; (3) day, month, and year (to be punched); (4) "THIS TAG CONTAINS IMPORTANT INFORMATION ABOUT THIS SPRINKLER SYSTEM AND MUST REMAIN ATTACHED TO THE SYSTEM FOR THE LIFE OF THE SYSTEM." (All capital letters, at least 10 - point boldface type.); ( Section 34.719 Service Tags answers (a) After any service, all sections of a service tag must be completed in detail, indicating all the services that have been performed, and then the tag must be attached to the respective riser of each system. (b) After any service, if noncompliant conditions or impairments exist, the service person must attach, in addition to attaching a service tag, the appropriate yellow tag or red tag according to the procedures in this subchapter for completing and attaching yellow and red tags. (c) A new service tag must be attached each time service is performed. (d) Service tags must remain on the system for five years, after which they may only be removed by an authorized employee of a registered firm. An employee of the state fire marshal's office or an authorized representative of a governmental agency with appropriate regulatory authority may remove excess tags at any time. (e) Tags may be printed for multiple years. (f) Tags must be white, 5-1/4 inches in height, and 2-5/8 inches in width. (g) Service tags must contain the following information in the format of the sample tag as set forth in subsection (h) of this section: (1) "DO NOT REMOVE BY ORDER OF TEXAS STATE FIRE MARSHAL" (all capital letters, at least 10-point boldface type); (2) firm's name, address and phone number; (3) firm's certificate of registration number; (4) applicable RME's name and license number; (5) signature of service person; (6) day, month, and year (to be punched); (7) type of work (to be punched); (8) name and address of owner or occupant; (9) building, location or system number; (10) a list of services performed; (11) date any yellow tag conditions were corrected (punch if applicable); and (12) date any red tag conditions were corrected (punch if applicable). Section 34.720 Inspection, Test and Maintenance Service (ITM) Tag answers (a) After a new installation or a scheduled inspection, testing and maintenance (ITM) service, all portions of an ITM tag must be completed in detail, indicating the ITM service was performed according to the adopted standards, and the tag must be attached to the respective riser of each system. (b) After any ITM service, the inspector must complete and attach an ITM tag, and if impairments are found, the inspector must attach the appropriate yellow or red tag in accordance with the procedures in this subchapter. (c) A new ITM tag must be attached each
time an inspection, testing and maintenance service is performed. (d) ITM tags shall remain on the system for five years after which time they may only be removed by an authorized employee of a registered firm. An employee of the state fire marshal's office or an authorized representative of a governmental agency with appropriate regulatory authority may remove excess tags at any time. (e) ITM tags may be printed for a multiple period of years. (f) ITM tags must be light blue in color, 5 1/4 inches in height, and 2 5/8 inches in width. (g) ITM tags shall contain the following information in the format of the sample tag in subsection (h) of this section: (1) "DO NOT REMOVE BY ORDER OF TEXAS STATE FIRE MARSHAL" (all capital letters, at least 10-point boldface type); (2) type of ITM: initial installation, monthly, quarterly, annual, third year, or fifth year (to be punched); (3) system status after ITM: acceptable, yellow tag attached, or red tag attached (to be punched); (4) license number; (5) name of inspector; (6) signature of inspector; (7) day, month, and year (to be punched); (8) firm's name, address, phone number and registration number; (9) name and address of owner or occupant; (10) building, location or system number; and (11) the static and flowing pressure of t Section 34.721 Yellow Tags answers (a) If a fire protection sprinkler system is found to be noncompliant with applicable NFPA standards, is not being tested or maintained according to adopted standards, or found to contain equipment that has been recalled by the manufacturer, but the noncompliance or recalled equipment does not constitute an emergency impairment, a completed yellow tag must be attached to the respective riser of each system to permit convenient inspection, to not hamper the system's actuation or operation, and to indicate that corrective action is necessary. (b) The signature of the service person or inspector on a yellow tag certifies the conditions that caused the system to be out of compliance with NFPA standards. (c) After attaching a yellow tag, the service person or inspector must notify the building owner or the building owner's representative and the local AHJ in writing of all noncompliant conditions. The notification must be postmarked, emailed, faxed, or hand delivered within five business days of the attachment of the yellow tag. (d) A yellow tag may only be removed by an authorized employee of a registered firm or an authorized representative of a governmental agency with appropriate regulatory authority after the employee or representative completes and attaches a service tag that indicates the noncompliant conditions were corrected. The local AHJ must be notified when corrections are made and a yellow tag is removed or revised. The notification must be postmarked, emailed, faxed, or hand delivered within five business days of the date on which the yellow tag is removed. (e) Yellow tags may be printed for multiple years. (f) Yellow tags must be the same size as service tags, and must contain the following information in the format of the tag as set forth in subsection (g) of this section: (1) "DO NOT REMOVE BY ORDER OF TEX
Section 34.724 Administrative Actions answers The failure to comply with the provisions of this subchapter and the provisions of Insurance Code Chapter 6003 by certificate holders or licensees may subject them, as provided in Government Code §417.010, to administrative action including, but not limited to, suspension, revocation, or refusal to issue or renew a license or a certificate of registration or issuance of a cease and desist order, administrative penalty, order for restitution to persons harmed, or combination of them. Section 34.725 Severability answers If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of this subchapter which can be given effect without the invalid provisions or application. To this end, all provisions of this subchapter are declared to be severable. Section 34.726 Military Service Members, Military Veterans, or Military Spouses answers (a) Waiver of licensed application and examination fees. The department will waive the license application and examination fees for an applicant who is: September a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or (2) a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state. (b) Apprentice requirements. Verified military service, training, or education that is relevant to the occupation are credited toward the apprenticeship requirements for the license. (c) Extension of license renewal deadlines. A military service member who holds a license is entitled to two years additional time to complete any continuing education requirements; and any other requirement related to the renewal of the military service member's license. (d) Alternative licensing. The state fire marshal, after reviewing the applicant's credentials, may waive any prerequisite to obtaining a license for a military service member, military veteran, or military spouse that: (1) holds a current license issued by another jurisdiction that has licensing requirements substantially equivalent to the requirements for the license in this state; or (2) within the five years preceding the application date, held the license in this state Subchapter A. General Provisions answers Section 6003.001 Definitions - Section 6003.002 Applicability of Chapter - Section 6003.003 Effect on Local Regulation
Subchapter B. Powers and Duties of Commissioner, Department, and State Fire Marshal answers Section 6003.051 Administration of Chapter - Section 6003.052 Adoption of Rules - Section 6003.053 Rules Restricting Advertising or Competitive Bidding - Section 6003.054 General Powers and Duties of Commissioner, State Fire Marshal, and Department - Section 6003.055 Fees - Section 6003.056 Deposit in Operating Account Subchapter D. Registration and License Requirements answers Section 6003. Fire Protection Sprinkler System Contractor; Registration Certificate Required - Section 6003. Required Insurance Coverage for Registration Certificate - Section 6003.153 Responsible Managing Employee: License Required - Section 6003.154 Posting of License or Certificate Required - Section 6003.155 Display of Registration Certificate Number on Certain Documents Required - Section 6003.156 License Examination - Section 6003.157 Examination Results - Section 6003.158 Continuing Education Requirements - Section 6003.159 Reciprocal License - Section 6003.160 Not Transferable Subchapter E. Renewal of Registration Certificate or License answers Section 6003.201 Renewal Required; Fee - Section 6003.202 Notice of Expiration - Section 6003. Renewal Procedures Subchapter F. Prohibited Practices and Disciplinary Procedures answers Section 6003.251 Prohibited Practices - Section 6003.252 Disciplinary Actions - Section 6003. Disciplinary Hearing - Section 6003.254 Applicability of Administrative Procedure Act - Section 6003.255 Reapplication Requirements Subchapter G. Criminal Penalty answers Section 6003.301 Criminal Penalty Texas Administrative Code Title 28. Insurance Part 1. Texas Department of Insurance Chapter 34. State Fire Marshal Subchapter G. Fire Sprinkler Rules answers Section 34. Purpose 22 Section 34.702 Title - Section 34.703 Applicability of Subchapter - Section 34. Exceptions - Section 34.705 Notices - Section 34.706 Definitions - Section 34.707 Adopted Standards - Section 34.708 Approved Testing Laboratories - Section 34.709 Approved
individual authorized to represent an insurance fund or pool created by a municipality, county, or other political subdivision of this state under Chapter 791, Government Code. Installation answers the initial placement of equipment; or (B) the extension, modification, or alteration of equipment after initial placement. License answers document issued to a responsible managing employee authorizing the employee to engage in the fire protection sprinkler system business in this state. Maintenance answers the maintenance of a fire protection sprinkler system or any part of a fire protection sprinkler system in the condition of repair that provides performance as originally planned. Organization answers a corporation, a partnership or other business association, a governmental entity, or any other legal or commercial entity. Registration certificate answers the document issued to a fire protection sprinkler system contractor authorizing the contractor to engage in business in this state Responsible managing employee answers an individual designated by a company that plans, sells, installs, maintains, or services fire protection sprinkler systems to ensure that each fire protection sprinkler system, as installed, maintained, or serviced, meets the standards for the system as provided by law. Service answers maintenance, repair, or testing Section 6003.002 Applicability of Chapter answers (a) This chapter does not apply to: (1) an employee of the United States, this state, or any political subdivision of this state who acts as a fire protection sprinkler system contractor for the employing governmental entity; (2)
the plan, sale, installation, maintenance, or servicing of a fire protection sprinkler system in any property owned by the United States or this state; (3) an individual or organization acting under court order as authorization; (4) an individual or organization that sells or supplies products or materials to a registered fire protection sprinkler system contractor; (5) an installation, maintenance, or service project for which the total contract price for labor, materials, and all other services is less than $100, if: (A) the project is not a part of a complete or more costly project, whether the complete project is to be undertaken by one or more fire protection sprinkler system contractors; or (B) the project is not divided into contracts of less than $100 for the purpose of evading this chapter; (6) an engineer licensed under Chapter 1001, Occupations Code, acting solely in the engineer's professional capacity; (7) a regular employee of a registered fire protection sprinkler system contractor; or (8) an owner or lessee of property that: (A) installs a fire protection sprinkler system on the owned or leased property for the owner's or lessee's own use or for family members' use; and (B) does not offer the property for sale or lease before the first anniversary of the date of installation of the fire protection sprinkler system. (b) This chapter does not authorize an individual or organization to practice professional engineering other than in compliance with Chapter 1001, Occupations Code Section 6003.003 Effect on Local Regulation answers (a) This chapter and the rules adopted under this chapter have uniform force and effect throughout this state. A municipality or county may not enact an order, ordinance, or rule requiring a fire protection sprinkler system contractor to obtain a registration certificate from the municipality or county. A municipality or county may not impose on a fire protection sprinkler system contractor qualification or financial responsibility requirements other than proof of a registration certificate. (b) Notwithstanding any other provision of this chapter, a municipality or county may require a fire protection sprinkler system contractor to obtain a permit and pay a permit fee for the installation of a fire protection sprinkler system and require the installation of a fire protection sprinkler system to conform to the building code or other construction requirements of the municipality or county. (c) A municipal or county order, ordinance, or rule in effect on September 1, 1983, is not invalidated because of any provision of this chapter. Section 6003.051 Administration of Chapter answers (a) The department shall administer this chapter. (b) The commissioner may issue rules necessary to administer this chapter through the state fire marshal.
Section 6003.055 Fees answers (a) The commissioner shall set the fee for: (1) a registration certificate application in an amount not to exceed $100; (2) an initial or renewal registration certificate in an amount not to exceed $1,200 annually; and (3) an initial or renewal responsible managing employee license fee in an amount not to exceed $200 annually. (b) Unless the examination for a responsible managing employee license is administered by a testing service, the commissioner shall set a nonrefundable fee for each examination in an amount not to exceed $100. (c) The commissioner shall set a fee in an amount not to exceed $70 for: (1) a duplicate registration certificate or license issued under this chapter; or (2) any request requiring changes to a registration certificate or license. Section 6003.056 Deposit in Operating Account answers All fees collected under this chapter shall be deposited in the state treasury to the credit of the Texas Department of Insurance operating account for use in administering this chapter. Section 6003.151 Fire Protection Sprinkler System Contractor; Registration Certificate Required answers (a) Unless the individual or organization holds a registration certificate issued by the department, an individual or organization may not plan, sell, install, maintain, or service a fire protection sprinkler system. (b) An applicant for a registration certificate must apply to the department on a form prescribed by the commissioner. (c) An organization that is a partnership or joint venture is not required to register under the name of the organization if each partner or joint venturer holds a registration certificate. Section 6003.152 Required Insurance Coverage for Registration Certificate answers (a) The department may not issue a registration certificate under this chapter unless the applicant files with the department evidence of a general liability insurance policy that includes products and completed operations coverage. The policy must be conditioned to pay on behalf of the insured those amounts that the insured becomes legally obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insured's officer, agent, or employee in the conduct of any activity that requires a registration certificate or license under this chapter. (b) Unless the commissioner, after notice and an opportunity for a hearing, increases or decreases the limits, the limits of insurance coverage required by Subsection (a) must be at least: (1) $100, combined single limits for bodily injury and property damage for each occurrence; and (2) $300,000 aggregate for all occurrences for each policy year. (c) The evidence of insurance required by this section must be in the form of a certificate of insurance executed by an insurer
authorized to engage in the business of insurance in this state and countersigned by an insurance agent licensed in this state. A certificate of insurance for surplus lines coverage procured in compliance with Chapter 981 through a surplus lines agent that is licensed under Subchapter E, Chapter 981, and resident in this state may be filed with the department as evidence of the coverage required by this section. (d) An insurance certificate executed and filed with the department under this section remains in force until the insurer has terminated future liability by the notice required by the department. (e) Failure to maintain the liability insurance required by this section constitutes grounds for the denial, suspension, or revocation, after notic Section 6003.153 Responsible Managing Employee: License Required answers (a) Each fire protection sprinkler system contractor must employ at least one licensed responsible managing employee on a full-time basis. (b) A person may not act as a responsible managing employee unless the person holds a license issued by the department, conditioned on the successful completion of the license examination and compliance with the requirements of the rules adopted under this chapter. (c) Notwithstanding Subsection (a), an individual or organization with a current registration certificate may act as a fire protection sprinkler system contractor for 30 days after the death or dissociation of its licensed responsible managing employee or for a longer period approved by the commissioner under the rules adopted under this chapter. Section 6003.154 Posting of License or Certificate Required answers Each registration certificate and license issued under this chapter must be posted in a conspicuous place in the fire protection sprinkler system contractor's place of business. Section 6003.155 Display of Registration Certificate Number on Certain Documents Required answers Each bid, proposal, offer, and installation drawing for a fire protection sprinkler system must prominently display the registration certificate number of the fire protection sprinkler system contractor Section 6003.156 License Examination answers (a) The state fire marshal shall establish the scope and type of an examination required by this chapter. (b) The state fire marshal may administer the examination or may enter into an agreement with a testing service. (c) If a testing service is used, the state fire marshal may contract with the testing service regarding requirements for the examination, including: (1) examination development; (2)
from the date of issue and is renewable on payment of the renewal fee. An initial registration certificate or license issued on or after September 1, 1983, may be issued for a period of less than one year and the renewal fee shall be prorated proportionally. (b) A renewal of a registration certificate or license issued under this chapter is valid for a period of two years. The license or registration fee for each year of the two-year period is payable on renewal. (c) The commissioner by rule may adopt a system under which registration certificates and licenses expire on various dates during the year. For the year in which an expiration date of a registration certificate or license is less than one year from its issuance or anniversary date, the fee shall be prorated on a monthly basis so that each holder of a registration certificate or license pays only that portion of the renewal fee that is allocable to the number of months during which the registration certificate or license is valid. On renewal on the new expiration date, the total renewal fee is payable. Section 6003.202 Notice of Expiration answers At least 30 days before the expiration date of a registration certificate or license, the department shall send written notice of the impending expiration to the holder of the registration certificate or license at the holder's last known address. Section 6003.203 Renewal Procedures answers (a) The holder of an unexpired registration certificate or license may renew the certificate or license by paying the required renewal fee to the department before the expiration date of the certificate or license. (b) An individual or organization whose registration certificate or license has been expired for 90 days or less may renew the certificate or license by paying to the department: (1) the required renewal fee; and (2) a fee equal to one-half of the initial fee for the certificate or license. (c) An individual or organization whose registration certificate or license has been expired for more than 90 days but less than two years may renew the certificate or license by paying to the department: (1) all unpaid renewal fees; and (2) a fee that is equal to the initial fee for the certificate or license. (d) An individual or organization whose registration certificate or license has been expired for two years or longer may not renew the certificate or license. The individual or organization may obtain a new registration certificate or license by complying with the requirements and procedures for obtaining an initial registration certificate or license. (e) This section may not be construed to prevent the department from denying or refusing to renew a license under applicable law or commissioner rules.
Section 6003.251 Prohibited Practices answers An individual or organization may not: (1) obtain or attempt to obtain a registration certificate or license by fraudulent representation; or (2) plan, sell, install, maintain, or service a fire protection sprinkler system in violation of this chapter or the rules adopted under this chapter. Section 6003.252 Disciplinary Actions answers The state fire marshal may suspend, revoke, or refuse to issue or renew a registration certificate or license if, after notice and hearing, the state fire marshal finds that the applicant, registrant, or license holder has engaged in acts that: (1) violate this chapter; (2) violate rules or standards adopted under this chapter; or (3) constitute misrepresentation made in connection with: (A) the sale of products; or (B) services rendered. Section 6003.253 Disciplinary Hearing answers (a) If the state fire marshal proposes to suspend, revoke, or refuse to renew a license or registration certificate issued under this chapter, the holder of the license or certificate is entitled to a hearing conducted by the State Office of Administrative Hearings. (b) Rules of practice adopted by the commissioner applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings. Section 6003.254 Applicability of Administrative Procedure Act answers Proceedings for the denial, suspension, or revocation of a registration certificate or license, appeals from those proceedings, and any other proceedings for a disciplinary action are governed by Chapter 2001, Government Code. Section 6003.255 Reapplication Requirements answers (a) An applicant or holder of a registration certificate or license whose certificate or license has been denied, refused, or revoked under this chapter, other than for failure to pass a required written examination, may not file another application for a registration certificate or license before: (1) the first anniversary of the effective date of the denial, refusal, or revocation; or (2) if judicial review of the denial, refusal, or revocation is sought, before the first anniversary of the date of the final court order or decree affirming the action. (b) The commissioner may deny an application described by Subsection (a) unless the applicant shows good cause why the denial, refusal, or revocation of the registration certificate or license should not be considered a bar to the issuance of a new registration certificate or license.
Business answers Planning, selling, installing, maintaining, or servicing fire protection sprinkler systems. Certificate answers The certificate of registration issued by the state fire marshal. Certify answers To attest to the proper planning, installing, maintaining, or servicing of fire protection sprinkler systems by executing a contractor's material and test certificate or other form required by a governmental authority or by attaching a completed service tag. Department answers The Texas Department of Insurance. Emergency impairment answers A condition where a water-based fire protection system or portion thereof is out of order due to an unexpected occurrence, such as ruptured pipe, an operated sprinkler, or an interruption of the water supply to the system. Employee answers An individual that who performs tasks assigned by the employer. The employee's pay is subject to the deduction of social security and federal income tax. The employee may be full time, part time, or seasonal. For the purposes of this section, employees of a registered firm who are paid through a staff leasing company are considered to be employees of the registered firm. Firm answers A person or organization as defined in this section Full-time answers The number of hours that represents the regular, normal, or standard amount of time per week each employee of the firm devotes to work-related activities.
Full-time employment basis answers An employee is considered to work on a fulltime basis if the employee works per week at least the average number of hours worked per week by all other employees of the firm. Inspection answers A visual examination of a system or portion thereof to verify that it appears to be in operating condition and is free of physical damage. Inspection, testing, and maintenance service answers A service program provided by a qualified contractor in which all components unique to the property's systems are inspected and tested at the required times and necessary maintenance is provided and/or recommended. This program includes logging and retention of relevant records NFPA answers National Fire Protection Association, a nationally recognized standards-making organization. NICET answers National Institute for the Certification in Engineering Technologies. Outsource testing service answers The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter. Person answers A natural person Plan answers To lay out, detail, draw, calculate, devise, or arrange an assembly of underground and overhead piping and appurtenances in accordance with either adopted fire protection standards or specifications especially designed by an engineer. Registered firm answers A person or organization holding a current certificate of registration.
