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TFM08 Exam | Questions and Answers |
Latest Update | 100% Verified Solutions
(GRADE A)
Question:
Fire Protection Sprinkler System
Answer:
an assembly of underground or overhead piping or conduits that conveys water with or without other agents to dispersal openings or devices to: (A) extinguish, control, or contain fire; and (B) provide protection from exposure to fire or the products of
Question:
Fire protection sprinkler system contractor
Answer:
an individual or organization that offers to undertake, represents itself as being able to undertake, or undertakes the plan, sale, installation, maintenance, or servicing of: (A) a fire protection sprinkler system; or (B) any part of a fire protection sprinkler system
Question:
Individual
Answer:
a natural person, including an owner, manager, officer, employee, or occupant.
Question:
Insurance agent
Answer:
(A) an individual, firm, or corporation licensed under: (i) Subchapter E, Chapter 981; or (ii) Subchapter A, B, C, D, E, or G, Chapter 4051; or (B) an 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.
Question:
Installation
Answer:
the initial placement of equipment; or (B) the extension, modification, or alteration of equipment after initial placement.
Question:
License
Answer:
document issued to a responsible managing employee authorizing the employee to engage in the fire protection sprinkler system business in this state.
Question:
Maintenance
Answer:
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.
Question:
Section 6003.002 Applicability of Chapter
Answer:
(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
Question:
Section 6003.003 Effect on Local Regulation
Answer:
(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.
Question:
Section 6003.051 Administration of Chapter
Answer:
(a) The department shall administer this chapter. (b) The commissioner may issue rules necessary to administer this chapter through the state fire marshal.
Question:
Section 6003.052 Adoption of Rules
( Answer:
a) In adopting necessary rules, the commissioner may use recognized standards, including standards: (1) adopted by federal law or regulation; (2) published by a nationally recognized standards-making organization; or (3) developed by individual manufacturers. (b) Under rules adopted under Section 6003.051(b), the department may create a specialized licensing or registration program for fire protection sprinkler system contractors.
Question:
Section 6003.053 Rules Restricting Advertising or Competitive Bidding
Answer:
(a) The commissioner may not adopt rules restricting advertising or competitive bidding by the holder of a license or registration certificate issued under this chapter except to prohibit false, misleading, or deceptive practices. (b) In the commissioner's rules to prohibit false, misleading, or deceptive practices, the commissioner may not include a rule that: (1) restricts the use of any medium for advertising; (2) restricts the use of a license or registration certificate holder's personal appearance or voice in an advertisement; (3) relates to the size or duration of an advertisement by the license or registration certificate holder; or (4) restricts the license or registration certificate holder's advertisement under a trade name.
Question:
Section 6003.056 Deposit in Operating Account
Answer:
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.
Question:
Section 6003.151 Fire Protection Sprinkler System Contractor; Registration Certificate Required
Answer:
(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.
Question:
Section 6003.152 Required Insurance Coverage for Registration Certificate
Answer:
(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) $100,000 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 notice and opportunity for hearing, of a registration certificate issued under this chapter
Question:
Section 6003.153 Responsible Managing Employee: License Required
Answer:
(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.
Question:
Section 6003.154 Posting of License or Certificate Required
Answer:
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.
Question:
individual who fails the examination administered under this chapter, the state fire marshal shall send to the individual an analysis of the individual's performance on the examination.
Question:
Section 6003.158 Continuing Education Requirements
( Answer:
a) The commissioner may adopt procedures for certifying and may certify continuing education programs. (b) Participation in the continuing education programs is voluntary.
Question:
Section 6003.159 Reciprocal License
Answer:
The department may waive any license requirement for an applicant who holds a license issued by another state that has license requirements substantially equivalent to the license requirements of this state.
Question:
Section 6003.160 Not Transferable
Answer:
A registration certificate or license issued under this chapter is not transferable.
Question:
Section 6003.201 Renewal Required; Fee
Answer:
(a) Except as otherwise provided by this subsection, an initial registration certificate or license is valid for a period of one year 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.
Question:
Section 6003.202 Notice of Expiration
Answer:
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.
Question:
Section 6003.203 Renewal Procedures
Answer:
(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
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.
Question:
Section 6003.254 Applicability of Administrative Procedure Act
Answer:
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.
Question:
Section 6003.255 Reapplication Requirements
Answer:
(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.
Question:
Section 6003.301 Criminal Penalty
Answer:
(a) A person commits an offense if the person knowingly violates Section 6003.151(a), 6003.153, or 6003.251. (b) An offense under this section is a Class B misdemeanor. (c) Venue for an offense under this section is in Travis County or the county in which the offense is committed.
Question:
Section 34.701 1 Purpose
Answer:
The purpose of this subchapter is to regulate persons engaged in the business of planning, selling, installing, maintaining, or servicing fire protection sprinkler systems in the interest of safeguarding lives and property pursuant to Insurance Code Chapter 6003
Question:
Section 34.702 2 Title
Answer:
The sections of this subchapter shall be known and may be cited as the sprinkler rules and shall be administered by and through the state fire marshal.
Question:
Section 34.703 Applicability of Subchapter
Answer:
This subchapter shall apply to all firms and persons engaged in the business of planning, selling, installing, maintaining, or servicing fire protection sprinkler systems, and not to the general public.
Question:
Certificate
Answer:
The certificate of registration issued by the state fire marshal.
Question:
Certify
Answer:
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.
Question:
Department
Answer:
The Texas Department of Insurance.
Question:
Emergency impairment
Answer:
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.
Question:
Employee
Answer:
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.
Question:
Firm
Answer:
A person or organization as defined in this section
Question:
Full-time
Answer:
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.
Question:
Full-time employment basis
Answer:
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.
Question:
Outsource testing service
Answer:
The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter.
Question:
Person
Answer:
A natural person
Question:
Plan
Answer:
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.
Question:
Registered firm
Answer:
A person or organization holding a current certificate of registration.
Question:
Repair
Answer:
Any work performed after initial installation on fire protection sprinkler systems, not including inspecting or testing.
Question:
Responsible managing employee
Answer:
A responsible managing employee, as defined in Insurance Code §6003.001(10), and also referenced within this subchapter as an RME.
Question:
Section 34.707 Adopted Standards
Answer:
(a) The commissioner adopts by reference in their entirety the following copyrighted standards and recommended practices published by and available from the National Fire Protection Association, Inc. (NFPA), Batterymarch Park, Quincy, Massachusetts 02269. A copy of the standards will be available for public inspection in the State Fire Marshal's Office
Question:
Sprinkler system
Answer:
A sprinkler system, for fire protection purposes which: (A) is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards; (B) is an installation including a water supply such as a gravity tank, fire pump, reservoir, or pressure tank, or connection by underground piping to a city main from the point of
