80(R) HB 2118 - Enrolled version



	H.B. No. 2118

AN ACT

relating to licensing and regulation of residential fire alarm

technicians and regulation and installation of fire detection and

alarm devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2, Article 5.43-2, Insurance Code, is

amended by amending Subdivision (8) and adding Subdivision (17) to

read as follows:

(8) "Monitoring" means the receipt of fire alarm and

supervisory signals [~~and retransmission~~] or communication of those

signals to a fire service communications center that is located in

this state or serves property in this state.

(17) "Residential fire alarm technician" means a

licensed individual who is designated by a registered firm to

install, service, inspect, and certify residential single-family

or two-family fire alarm or detection systems.

SECTION 2. Section 3, Article 5.43-2, Insurance Code, is

amended by amending Subsection (b) and adding Subsections (d) and

(e) to read as follows:

(b) The licensing provisions of this article shall not apply

to:

(1) a person or organization in the business of

building construction that installs electrical wiring and devices

that may include in part the installation of a fire alarm or

detection system if:

(A) the person or organization is a party to a

contract that provides that the installation will be performed

under the direct supervision of and certified by a licensed

employee or agent of a firm registered to install and certify such

an alarm or detection device and that the registered firm assumes

full responsibility for the installation of the alarm or detection

device; and

(B) the person or organization does not plan,

certify, lease, sell, service, or maintain fire alarms or detection

devices or systems;

(2) a person or organization that owns and installs

fire detection or fire alarm devices on the person's or

organization's own property or, if the person or organization does

not charge for the device or its installation, installs it for the

protection of the person's or organization's personal property

located on another's property and does not install the devices as a

normal business practice on the property of another;

(3) a person who holds a license or other form of

permission issued by an incorporated city or town to practice as an

electrician and who installs fire or smoke detection and alarm

devices in no building other than a single family or multifamily

residence if:

(A) the devices installed are:

(i) single station detectors; or

(ii) multiple station detectors capable of

being connected in such a manner that actuation of one detector

causes all integral or separate alarms to operate, if the detectors

are not connected to a control panel or to an outside alarm, do not

transmit a signal off the premises, and do not use more than 120

volts; and

(B) all installations comply with provisions of

the adopted edition of [~~Household Fire Warning Equipment,~~] National

Fire Protection Association Standard No. 72 [74];

(4) a person or organization that sells fire detection

or fire alarm devices if the sales are exclusively over-the-counter

or by mail order and if the person or organization does not plan,

certify, install, service, or maintain this equipment;

(5) response to a fire alarm or detection device by a

law enforcement agency or fire department or by a law enforcement

officer or fireman acting in an official capacity;

(6) a Texas registered professional engineer acting

solely in his professional capacity;

(7) a person or an organization that provides and

installs at no charge to the property owners or residents a

battery-powered smoke detector in a single-family or two-family

residence if:

(A) the smoke detector bears a label of listing

or approval by a testing laboratory approved by the State Board of

Insurance;

(B) the installation complies with provisions of

the adopted edition of National Fire Protection Association

Standard No. 72 [74];

protection and the proper use of smoke detectors; and

(D) the detector is a single station installation

and not a part of or connected to any other detection device or

system;

(8) an [~~a regular~~] employee of a registered firm who is

under the direct on-site supervision of a licensee;

(9) a building owner, the owner's managing agent, or

their employees who install battery-operated single-station smoke

detectors or who monitor fire alarm or fire detection devices or

systems in the owner's building, and in which the monitoring is

performed at the owner's property and monitored at no charge to the

occupants of the building, and complies with applicable standards

of the National Fire Protection Association as may be adopted by

rule promulgated under this Act, and utilizes equipment approved by

a testing laboratory approved by the State Board of Insurance for

fire alarm monitoring;

(10) a person employed by a registered firm that sells

and installs a smoke or heat detector in a single-family or

two-family residence if:

(A) the detector bears a label of listing or

approval by a testing laboratory approved by the State Board of

Insurance;

(B) the installation complies with provisions of

the adopted edition of National Fire Protection Association

Standard No. 72 [74];

protection and the proper use and placement of detectors; and

(D) the detector is a single station installation

and not a part of or connected to any other detection device or

system; or

(11) a person or organization licensed to install or

service burglar alarms under Chapter 1702, Occupations Code, [~~the~~

~~Private Investigators and Private Security Agencies Act (Article~~

~~4413(29bb), Vernon's Texas Civil Statutes)~~] that provides and

installs in a single-family or two-family residence a combination

keypad that includes a panic button to initiate a fire alarm signal

if the fire alarm signal:

(A) is monitored by a fire alarm firm registered

under this article; and

(B) is not initiated by any fire or smoke

detection device.

(d) A political subdivision may not require a registered

firm, a licensee, or an employee of a registered firm to maintain a

business location or residency within that political subdivision to

engage in a business or perform any activity authorized under this

article.

(e) A municipality or county may by ordinance require a

registered firm to make a telephone call to a monitored property

before the firm notifies the municipality or county of an alarm

signal received by the firm from a fire detection device.

SECTION 3. Section 5, Article 5.43-2, Insurance Code, is

amended by adding Subsection (c-1) to read as follows:

(c-1) A residential fire alarm technician must obtain a

license issued by the board. The amount of the initial fee for the

license may not exceed $50, and the amount of the annual license

renewal fee may not exceed $50.

SECTION 4. Sections 5B(e) and (f), Article 5.43-2,

Insurance Code, are amended to read as follows:

(e) For a person who is licensed to install or service

burglar alarms under Chapter 1702, Occupations Code [~~the Private~~

~~Investigators and Private Security Agencies Act, as amended~~

~~(Article 4413(29bb), Vernon's Texas Civil Statutes)~~], compliance

with the insurance requirements of that chapter [~~Act~~] constitutes

compliance with the insurance requirements of this section if the

insurance held by the person complies with the requirements of this

section in amounts and types of coverage.

(f) For a person who is licensed to install or service

burglar alarms under Chapter 1702, Occupations Code [~~the Private~~

~~Investigators and Private Security Agencies Act, as amended~~

~~(Article 4413(29bb), Vernon's Texas Civil Statutes)~~], compliance

with the bond and insurance requirements of that chapter [~~Act~~]

constitutes compliance with the bond and insurance requirements of

this section.

SECTION 5. Section 5D, Article 5.43-2, Insurance Code, is

amended by adding Subsection (a-2) and amending Subsection (d) to

read as follows:

(a-2) An applicant for a residential fire alarm technician

license must provide with the required license application evidence

of the applicant's successful completion of the required

instruction from a training school approved by the State Fire

Marshal in accordance with this section.

(d) The training curriculum for a residential fire alarm

technician course shall consist of at least eight hours of

instruction on installing, servicing, and maintaining

single-family and two-family residential fire alarm systems as

defined by National Fire Protection Association Standard No. 72

[~~The training curriculum for a fire alarm technician and a~~

~~residential fire alarm superintendent course shall consist of 16~~

~~hours of classroom instruction on all categories of licensure~~].

SECTION 6. Article 5.43-2, Insurance Code, is amended by

adding Section 5G to read as follows:

Sec. 5G. CONFIDENTIALITY OF RECORDS. Records maintained by

the department under this article on the home address, home

telephone number, driver's license number, or social security

number of an applicant or a license or registration holder are

confidential and are not subject to mandatory disclosure under

Chapter 552, Government Code.

SECTION 7. Section 6A, Article 5.43-2, Insurance Code, is

amended by adding Subsection (c) to read as follows:

article that requires a person who holds a license under this

article to obtain additional certification that imposes a financial

responsibility on the licensee.

SECTION 8. Section 7, Article 5.43-2, Insurance Code, is

amended by amending Subsection (b) and adding Subsection (f) to

read as follows:

(b) Except as provided by Subsection (c), a political

subdivision may not offer [~~residential~~] alarm system sales,

service, installation, or monitoring unless it has been providing

monitoring services [~~to residences~~] within the boundaries of the

political subdivision as of September 1, 1999. Any fee charged by

the political subdivision may not exceed the cost of the

monitoring.

(f) A residential fire alarm technician may only provide

direct on-site supervision to an employee of a registered firm for

work performed under this article in a single-family or two-family

dwelling.

SECTION 9. Sections 9(d) and (e), Article 5.43-2, Insurance

Code, are amended to read as follows:

(d) No fire detection or fire alarm device may be sold or

installed in this state unless accompanied by printed information

supplied to the owner by the supplier or installing contractor

concerning:

(1) instructions describing the installation,

operation, testing, and proper maintenance of the device;

(2) information which will aid in establishing an

emergency evacuation plan for the protected premises; [~~and~~]

(3) the telephone number and location, including

notification procedures, of the nearest fire department; and

(4) information that will aid in reducing the number

of false fire alarms.

(e) Each registered firm that employs persons that are

exempt from the licensing provisions of this article pursuant to

Section 3(b)(10) of this article is required to appropriately train

and supervise such exempt persons so as to ensure that each

installation complies with the adopted provisions of National Fire

Protection Association Standard No. 72 [74] or other adopted

standards, that each smoke or heat detector installed or sold

carries a label or listing of approval by a testing laboratory

approved by the State Board of Insurance, and that such exempt

persons are knowledgeable in fire protection and the proper use and

placement of detectors.

SECTION 10. Subtitle A, Title 9, Health and Safety Code, is

amended by adding Chapter 766 to read as follows:

CHAPTER 766. FIRE SAFETY IN RESIDENTIAL DWELLINGS

Sec. 766.001. DEFINITIONS. In this chapter:

(1) "Carbon monoxide alarm" means a device that

detects and sounds an alarm to indicate the presence of a harmful

level of carbon monoxide gas.

(2) "Department" means the Texas Department of

Insurance.

(3) "Fossil fuel" includes coal, kerosene, oil, wood,

fuel gases, and other petroleum or hydrocarbon products.

(4) "One-family or two-family dwelling" means a

structure that has one or two residential units that are occupied

as, or designed or intended for occupancy as, a residence by

individuals.

(5) "Smoke detector" means a device or a listed

component of a system that detects and sounds an alarm to indicate

the presence of visible or invisible products of combustion in the

air.

(6) "Smoke detector for hearing-impaired persons" has

the meaning assigned by Section 792.001.

Sec. 766.002. SMOKE DETECTOR REQUIREMENT. (a) Each

one-family or two-family dwelling constructed in this state must

have working smoke detectors installed in the dwelling in

accordance with the smoke detector requirements of the building

code in effect in the political subdivision in which the dwelling is

located, including performance, location, and power source

requirements.

(b) If a one-family or two-family dwelling does not comply

with the smoke detector requirements of the building code in effect

in the political subdivision in which the dwelling is located, any

home improvement to the dwelling that requires the issuance of a

building permit must include the installation of smoke detectors in

accordance with the building code in effect in the political

subdivision in which the dwelling is located, including

performance, location, and power source requirements.

Sec. 766.0021. SMOKE DETECTOR FOR HEARING-IMPAIRED

PERSONS. (a) A purchaser under a written contract for the sale of a

one-family or two-family dwelling may require the seller to install

smoke detectors for hearing-impaired persons if:

(1) the purchaser or a member of the purchaser's family

who will reside in the dwelling is a hearing-impaired person;

(2) the purchaser provides written evidence of the

hearing impairment signed by a licensed physician; and

(3) not later than the 10th day after the effective

date of the contract, the purchaser requests in writing that the

seller install smoke detectors for hearing-impaired persons and

specifies the locations in the dwelling where the smoke detectors

are to be installed.

(b) If the seller is required to install smoke detectors for

hearing-impaired persons under Subsection (a), the seller and

purchaser may agree:

(1) which party will bear the cost of installing the

smoke detectors; and

(2) which brand of smoke detectors to install.

than the closing date of the sale of the dwelling.

(d) A purchaser may terminate the contract to purchase the

dwelling if the seller fails to install smoke detectors for

hearing-impaired persons as required by this section.

Sec. 766.0025. FRATERNITY AND SORORITY HOUSES. (a) In

this section, "fraternity or sorority house" means a dwelling that:

(1) is a separate structure and that is not a multiunit

residential property composed of multiple independent residential

units; and

(2) serves as living quarters for members of a

fraternity or sorority.

(b) The owner of a fraternity or sorority house must have

working smoke detectors installed in the fraternity house or

sorority house in accordance with the smoke detector requirements

of the building code in effect in the political subdivision in which

the fraternity or sorority house is located, including performance,

location, and power source requirements.

Sec. 766.003. INFORMATION RELATING TO FIRE SAFETY AND

CARBON MONOXIDE DANGERS. (a) The department shall prepare

information of public interest relating to:

(1) fire safety in the home; and

(2) the dangers of carbon monoxide.

(b) The information must inform the public about:

(1) ways to prevent fires in the home, and actions to

take if a fire occurs in the home;

(2) the need to test smoke detectors every month to

ensure the smoke detector is working;

(3) replacing the battery in a battery-operated smoke

detector every six months;

(4) the need to have fire safety equipment in the home,

including fire extinguishers and emergency escape ladders;

(5) the need to develop and practice a fire escape

plan;

(6) the availability of carbon monoxide detectors;

(7) using carbon monoxide alarms as a backup to

prevent carbon monoxide poisoning; and

(8) the need to properly use and maintain fossil

fuel-burning appliances.

described by this section to the public in any manner the department

determines is cost-effective, including providing the information

on the department's Internet website and publishing informational

pamphlets.

SECTION 11. Section 5.008(b), Property Code, is amended to

read as follows:

(b) The notice must be executed and must, at a minimum, read

substantially similar to the following:

SELLER'S DISCLOSURE NOTICE

CONCERNING THE PROPERTY AT___________________________________

(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF

THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY

SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR

WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT

A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.

Seller __ is __ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property?

________________________________________________________________

1. The Property has the items checked below:

Write Yes (Y), No (N), or Unknown (U).

__ Range

__ Oven

__ Microwave

__ Dishwasher

__ Trash Compactor

__ Disposal

__ Washer/Dryer

__ Window

__ Rain Gutters

Hookups

Screens

__ Security

__ Fire Detection

__ Intercom

System

Equipment

System

__ Smoke Detector

__ Smoke Detector -

Hearing Impaired

__ Carbon Monoxide

Alarm

__ Emergency Escape

Ladder(s)

__ TV Antenna

__ Cable TV

__ Satellite

Wiring

Dish

__ Ceiling Fan(s)

__ Attic Fan(s)

__ Exhaust

Fan(s)

__ Central A/C

__ Central Heating

__ Wall/Window Air

Conditioning

__ Plumbing System

__ Septic System

__ Public Sewer

System

__ Patio/Decking

__ Outdoor Grill

__ Fences

__ Pool

__ Sauna

__ Spa

__ Hot Tub

__ Pool Equipment

__ Pool Heater

__ Automatic Lawn

Sprinkler

System

__ Fireplace(s) &

Chimney

(Woodburning)

(Mock)

__ Gas Lines

__ Gas Fixtures

(Nat./LP)

Garage: __ Attached

__ Not Attached

__ Carport

Garage Door Opener(s):

__ Electronic

__ Control(s)

Water Heater:

__ Gas

__ Electric

Water Supply: __ City

__ Well __ MUD

__ Co-op

Roof Type: ________________________________Age: _____(approx)

Are you (Seller) aware of any of the above items that are not in

working condition, that have known defects, or that are in need of

repair? __ Yes __ No __ Unknown.

If yes, then describe. (Attach additional sheets if necessary):

________________________________________________________________

2. Does the property have working smoke detectors installed in

accordance with the smoke detector requirements of Chapter 766,

Health and Safety Code? __Yes __No __Unknown.

If the answer to the question above is no or unknown, explain.

(Attach additional sheets if necessary): _________________________

________________________________________________________________

3. Are you (Seller) aware of any known defects/malfunctions in any

of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls

__ Ceilings

__ Floors

__ Exterior Walls

__ Doors

__ Windows

__ Roof

__ Foundation/

__ Basement

Slab(s)

__ Walls/Fences

__ Driveways

__ Sidewalks

__ Plumbing/Sewers/

__ Electrical

__ Lighting

Septics

Systems

Fixtures

__ Other Structural Components (Describe):____________________

________________________________________________________________

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

4 [3]. Are you (Seller) aware of any of the following conditions?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites

__ Previous Structural

(includes

or Roof Repair

wood-destroying insects)

__ Termite or Wood Rot Damage

__ Hazardous or Toxic Waste

Needing Repair

__ Previous Termite Damage

__ Asbestos Components

__ Previous Termite

__ Urea formaldehyde

Treatment

Insulation

__ Previous Flooding

__ Radon Gas

__ Improper Drainage

__ Lead Based Paint

__ Water Penetration

__ Aluminum Wiring

__ Located in 100-Year

__ Previous Fires

Floodplain

__ Present Flood Insurance

__ Unplatted Easements

Coverage

__ Landfill, Settling, Soil

__ Subsurface

Movement, Fault Lines

Structure or Pits

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

5 [4]. Are you (Seller) aware of any item, equipment, or system in

or on the property that is in need of repair? __ Yes (if you are

aware) __ No (if you are not aware). If yes, explain (attach

additional sheets as necessary). ________________________________

6 [5]. Are you (Seller) aware of any of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__	Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__	Homeowners' Association or maintenance fees or assessments.

__	Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__	Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.

__	Any lawsuits directly or indirectly affecting the Property.

__	Any condition on the Property which materially affects the physical health or safety of an individual.

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

_______________________________________________________

Date Signature of Seller

The undersigned purchaser hereby acknowledges receipt of the

foregoing notice and acknowledges the property complies with the

smoke detector requirements of Chapter 766, Health and Safety Code,

or, if the property does not comply with the smoke detector

requirements of Chapter 766, the buyer waives the buyer's rights to

have smoke detectors installed in compliance with Chapter 766.

_______________________________________________________

Date Signature of Purchaser

SECTION 12. Subchapter F, Chapter 92, Property Code, is

amended by adding Section 92.2571 to read as follows:

Sec. 92.2571. ALTERNATIVE COMPLIANCE. A landlord complies

with the requirements of this subchapter relating to the provision

of smoke detectors in the dwelling unit if the landlord:

(1) has a fire detection device, as defined by Article

5.43-2, Insurance Code, that includes a smoke detection device

installed in a dwelling unit; or

(2) for a dwelling unit that is a one-family or

two-family dwelling unit, installs smoke detectors in compliance

with Chapter 766, Health and Safety Code.

SECTION 13. The change in law made by this Act to Section

5.008, Property Code, applies only to a notice executed on or after

the effective date of this Act. A notice executed before the

effective date of this Act is governed by the law in effect

immediately before that date, and that law is continued in effect

for that purpose.

SECTION 14. (a) Not later than March 1, 2008, the

commissioner of insurance shall adopt the rules and forms necessary

to implement the changes in law made by this Act to Article 5.43-2,

Insurance Code.

(b) Notwithstanding Article 5.43-2, Insurance Code, a

residential fire alarm technician is not required to obtain a

license under that article before June 1, 2008.

SECTION 15. This Act takes effect September 1, 2007.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 2118 was passed by the House on May 4,

2007, by the following vote: Yeas 135, Nays 6, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 2118 on May 24, 2007, by the following vote: Yeas 141, Nays 4,

2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2118 was passed by the Senate, with

amendments, on May 22, 2007, by the following vote: Yeas 30, Nays

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor