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AN ACT
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relating to licensing and regulation of residential fire alarm |
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technicians and regulation and installation of fire detection and |
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alarm devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2, Article 5.43-2, Insurance Code, is |
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amended by amending Subdivision (8) and adding Subdivision (17) to |
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read as follows: |
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(8) "Monitoring" means the receipt of fire alarm and |
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supervisory signals [and retransmission] or communication of those |
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signals to a fire service communications center that is located in |
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this state or serves property in this state. |
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(17) "Residential fire alarm technician" means a |
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licensed individual who is designated by a registered firm to |
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install, service, inspect, and certify residential single-family |
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or two-family fire alarm or detection systems. |
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SECTION 2. Section 3, Article 5.43-2, Insurance Code, is |
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amended by amending Subsection (b) and adding Subsections (d) and |
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(e) to read as follows: |
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(b) The licensing provisions of this article shall not apply |
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to: |
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(1) a person or organization in the business of |
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building construction that installs electrical wiring and devices |
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that may include in part the installation of a fire alarm or |
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detection system if: |
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(A) the person or organization is a party to a |
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contract that provides that the installation will be performed |
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under the direct supervision of and certified by a licensed |
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employee or agent of a firm registered to install and certify such |
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an alarm or detection device and that the registered firm assumes |
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full responsibility for the installation of the alarm or detection |
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device; and |
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(B) the person or organization does not plan, |
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certify, lease, sell, service, or maintain fire alarms or detection |
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devices or systems; |
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(2) a person or organization that owns and installs |
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fire detection or fire alarm devices on the person's or |
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organization's own property or, if the person or organization does |
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not charge for the device or its installation, installs it for the |
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protection of the person's or organization's personal property |
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located on another's property and does not install the devices as a |
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normal business practice on the property of another; |
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(3) a person who holds a license or other form of |
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permission issued by an incorporated city or town to practice as an |
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electrician and who installs fire or smoke detection and alarm |
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devices in no building other than a single family or multifamily |
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residence if: |
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(A) the devices installed are: |
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(i) single station detectors; or |
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(ii) multiple station detectors capable of |
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being connected in such a manner that actuation of one detector |
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causes all integral or separate alarms to operate, if the detectors |
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are not connected to a control panel or to an outside alarm, do not |
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transmit a signal off the premises, and do not use more than 120 |
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volts; and |
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(B) all installations comply with provisions of |
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the adopted edition of [Household Fire Warning Equipment,] National |
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Fire Protection Association Standard No. 72 [74]; |
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(4) a person or organization that sells fire detection |
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or fire alarm devices if the sales are exclusively over-the-counter |
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or by mail order and if the person or organization does not plan, |
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certify, install, service, or maintain this equipment; |
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(5) response to a fire alarm or detection device by a |
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law enforcement agency or fire department or by a law enforcement |
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officer or fireman acting in an official capacity; |
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(6) a Texas registered professional engineer acting |
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solely in his professional capacity; |
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(7) a person or an organization that provides and |
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installs at no charge to the property owners or residents a |
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battery-powered smoke detector in a single-family or two-family |
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residence if: |
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(A) the smoke detector bears a label of listing |
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or approval by a testing laboratory approved by the State Board of |
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Insurance; |
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(B) the installation complies with provisions of |
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the adopted edition of National Fire Protection Association |
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Standard No. 72 [74]; |
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(C) the installers are knowledgeable in fire |
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protection and the proper use of smoke detectors; and |
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(D) the detector is a single station installation |
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and not a part of or connected to any other detection device or |
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system; |
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(8) an [a regular] employee of a registered firm who is |
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under the direct on-site supervision of a licensee; |
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(9) a building owner, the owner's managing agent, or |
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their employees who install battery-operated single-station smoke |
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detectors or who monitor fire alarm or fire detection devices or |
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systems in the owner's building, and in which the monitoring is |
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performed at the owner's property and monitored at no charge to the |
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occupants of the building, and complies with applicable standards |
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of the National Fire Protection Association as may be adopted by |
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rule promulgated under this Act, and utilizes equipment approved by |
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a testing laboratory approved by the State Board of Insurance for |
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fire alarm monitoring; |
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(10) a person employed by a registered firm that sells |
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and installs a smoke or heat detector in a single-family or |
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two-family residence if: |
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(A) the detector bears a label of listing or |
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approval by a testing laboratory approved by the State Board of |
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Insurance; |
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(B) the installation complies with provisions of |
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the adopted edition of National Fire Protection Association |
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Standard No. 72 [74]; |
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(C) the installers are knowledgeable in fire |
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protection and the proper use and placement of detectors; and |
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(D) the detector is a single station installation |
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and not a part of or connected to any other detection device or |
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system; or |
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(11) a person or organization licensed to install or |
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service burglar alarms under Chapter 1702, Occupations Code, [the
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Private Investigators and Private Security Agencies Act (Article
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4413(29bb), Vernon's Texas Civil Statutes)] that provides and |
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installs in a single-family or two-family residence a combination |
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keypad that includes a panic button to initiate a fire alarm signal |
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if the fire alarm signal: |
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(A) is monitored by a fire alarm firm registered |
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under this article; and |
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(B) is not initiated by any fire or smoke |
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detection device. |
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(d) A political subdivision may not require a registered |
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firm, a licensee, or an employee of a registered firm to maintain a |
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business location or residency within that political subdivision to |
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engage in a business or perform any activity authorized under this |
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article. |
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(e) A municipality or county may by ordinance require a |
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registered firm to make a telephone call to a monitored property |
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before the firm notifies the municipality or county of an alarm |
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signal received by the firm from a fire detection device. |
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SECTION 3. Section 5, Article 5.43-2, Insurance Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A residential fire alarm technician must obtain a |
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license issued by the board. The amount of the initial fee for the |
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license may not exceed $50, and the amount of the annual license |
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renewal fee may not exceed $50. |
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SECTION 4. Sections 5B(e) and (f), Article 5.43-2, |
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Insurance Code, are amended to read as follows: |
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(e) For a person who is licensed to install or service |
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burglar alarms under Chapter 1702, Occupations Code [the Private
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Investigators and Private Security Agencies Act, as amended
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(Article 4413(29bb), Vernon's Texas Civil Statutes)], compliance |
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with the insurance requirements of that chapter [Act] constitutes |
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compliance with the insurance requirements of this section if the |
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insurance held by the person complies with the requirements of this |
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section in amounts and types of coverage. |
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(f) For a person who is licensed to install or service |
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burglar alarms under Chapter 1702, Occupations Code [the Private
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Investigators and Private Security Agencies Act, as amended
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(Article 4413(29bb), Vernon's Texas Civil Statutes)], compliance |
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with the bond and insurance requirements of that chapter [Act] |
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constitutes compliance with the bond and insurance requirements of |
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this section. |
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SECTION 5. Section 5D, Article 5.43-2, Insurance Code, is |
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amended by adding Subsection (a-2) and amending Subsection (d) to |
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read as follows: |
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(a-2) An applicant for a residential fire alarm technician |
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license must provide with the required license application evidence |
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of the applicant's successful completion of the required |
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instruction from a training school approved by the State Fire |
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Marshal in accordance with this section. |
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(d) The training curriculum for a residential fire alarm |
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technician course shall consist of at least eight hours of |
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instruction on installing, servicing, and maintaining |
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single-family and two-family residential fire alarm systems as |
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defined by National Fire Protection Association Standard No. 72 |
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[The training curriculum for a fire alarm technician and a
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residential fire alarm superintendent course shall consist of 16
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hours of classroom instruction on all categories of licensure]. |
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SECTION 6. Article 5.43-2, Insurance Code, is amended by |
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adding Section 5G to read as follows: |
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Sec. 5G. CONFIDENTIALITY OF RECORDS. Records maintained by |
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the department under this article on the home address, home |
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telephone number, driver's license number, or social security |
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number of an applicant or a license or registration holder are |
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confidential and are not subject to mandatory disclosure under |
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Chapter 552, Government Code. |
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SECTION 7. Section 6A, Article 5.43-2, Insurance Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The commissioner may not adopt a rule to administer this |
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article that requires a person who holds a license under this |
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article to obtain additional certification that imposes a financial |
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responsibility on the licensee. |
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SECTION 8. Section 7, Article 5.43-2, Insurance Code, is |
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amended by amending Subsection (b) and adding Subsection (f) to |
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read as follows: |
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(b) Except as provided by Subsection (c), a political |
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subdivision may not offer [residential] alarm system sales, |
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service, installation, or monitoring unless it has been providing |
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monitoring services [to residences] within the boundaries of the |
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political subdivision as of September 1, 1999. Any fee charged by |
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the political subdivision may not exceed the cost of the |
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monitoring. |
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(f) A residential fire alarm technician may only provide |
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direct on-site supervision to an employee of a registered firm for |
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work performed under this article in a single-family or two-family |
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dwelling. |
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SECTION 9. Sections 9(d) and (e), Article 5.43-2, Insurance |
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Code, are amended to read as follows: |
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(d) No fire detection or fire alarm device may be sold or |
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installed in this state unless accompanied by printed information |
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supplied to the owner by the supplier or installing contractor |
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concerning: |
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(1) instructions describing the installation, |
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operation, testing, and proper maintenance of the device; |
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(2) information which will aid in establishing an |
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emergency evacuation plan for the protected premises; [and] |
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(3) the telephone number and location, including |
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notification procedures, of the nearest fire department; and |
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(4) information that will aid in reducing the number |
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of false fire alarms. |
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(e) Each registered firm that employs persons that are |
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exempt from the licensing provisions of this article pursuant to |
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Section 3(b)(10) of this article is required to appropriately train |
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and supervise such exempt persons so as to ensure that each |
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installation complies with the adopted provisions of National Fire |
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Protection Association Standard No. 72 [74] or other adopted |
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standards, that each smoke or heat detector installed or sold |
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carries a label or listing of approval by a testing laboratory |
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approved by the State Board of Insurance, and that such exempt |
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persons are knowledgeable in fire protection and the proper use and |
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placement of detectors. |
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SECTION 10. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 766 to read as follows: |
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CHAPTER 766. FIRE SAFETY IN RESIDENTIAL DWELLINGS |
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Sec. 766.001. DEFINITIONS. In this chapter: |
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(1) "Carbon monoxide alarm" means a device that |
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detects and sounds an alarm to indicate the presence of a harmful |
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level of carbon monoxide gas. |
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(2) "Department" means the Texas Department of |
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Insurance. |
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(3) "Fossil fuel" includes coal, kerosene, oil, wood, |
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fuel gases, and other petroleum or hydrocarbon products. |
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(4) "One-family or two-family dwelling" means a |
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structure that has one or two residential units that are occupied |
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as, or designed or intended for occupancy as, a residence by |
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individuals. |
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(5) "Smoke detector" means a device or a listed |
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component of a system that detects and sounds an alarm to indicate |
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the presence of visible or invisible products of combustion in the |
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air. |
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(6) "Smoke detector for hearing-impaired persons" has |
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the meaning assigned by Section 792.001. |
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Sec. 766.002. SMOKE DETECTOR REQUIREMENT. (a) Each |
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one-family or two-family dwelling constructed in this state must |
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have working smoke detectors installed in the dwelling in |
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accordance with the smoke detector requirements of the building |
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code in effect in the political subdivision in which the dwelling is |
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located, including performance, location, and power source |
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requirements. |
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(b) If a one-family or two-family dwelling does not comply |
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with the smoke detector requirements of the building code in effect |
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in the political subdivision in which the dwelling is located, any |
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home improvement to the dwelling that requires the issuance of a |
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building permit must include the installation of smoke detectors in |
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accordance with the building code in effect in the political |
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subdivision in which the dwelling is located, including |
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performance, location, and power source requirements. |
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Sec. 766.0021. SMOKE DETECTOR FOR HEARING-IMPAIRED |
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PERSONS. (a) A purchaser under a written contract for the sale of a |
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one-family or two-family dwelling may require the seller to install |
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smoke detectors for hearing-impaired persons if: |
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(1) the purchaser or a member of the purchaser's family |
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who will reside in the dwelling is a hearing-impaired person; |
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(2) the purchaser provides written evidence of the |
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hearing impairment signed by a licensed physician; and |
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(3) not later than the 10th day after the effective |
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date of the contract, the purchaser requests in writing that the |
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seller install smoke detectors for hearing-impaired persons and |
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specifies the locations in the dwelling where the smoke detectors |
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are to be installed. |
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(b) If the seller is required to install smoke detectors for |
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hearing-impaired persons under Subsection (a), the seller and |
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purchaser may agree: |
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(1) which party will bear the cost of installing the |
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smoke detectors; and |
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(2) which brand of smoke detectors to install. |
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(c) The seller must install the smoke detectors not later |
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than the closing date of the sale of the dwelling. |
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(d) A purchaser may terminate the contract to purchase the |
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dwelling if the seller fails to install smoke detectors for |
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hearing-impaired persons as required by this section. |
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Sec. 766.0025. FRATERNITY AND SORORITY HOUSES. (a) In |
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this section, "fraternity or sorority house" means a dwelling that: |
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(1) is a separate structure and that is not a multiunit |
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residential property composed of multiple independent residential |
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units; and |
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(2) serves as living quarters for members of a |
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fraternity or sorority. |
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(b) The owner of a fraternity or sorority house must have |
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working smoke detectors installed in the fraternity house or |
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sorority house in accordance with the smoke detector requirements |
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of the building code in effect in the political subdivision in which |
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the fraternity or sorority house is located, including performance, |
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location, and power source requirements. |
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Sec. 766.003. INFORMATION RELATING TO FIRE SAFETY AND |
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CARBON MONOXIDE DANGERS. (a) The department shall prepare |
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information of public interest relating to: |
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(1) fire safety in the home; and |
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(2) the dangers of carbon monoxide. |
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(b) The information must inform the public about: |
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(1) ways to prevent fires in the home, and actions to |
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take if a fire occurs in the home; |
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(2) the need to test smoke detectors every month to |
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ensure the smoke detector is working; |
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(3) replacing the battery in a battery-operated smoke |
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detector every six months; |
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(4) the need to have fire safety equipment in the home, |
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including fire extinguishers and emergency escape ladders; |
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(5) the need to develop and practice a fire escape |
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plan; |
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(6) the availability of carbon monoxide detectors; |
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(7) using carbon monoxide alarms as a backup to |
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prevent carbon monoxide poisoning; and |
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(8) the need to properly use and maintain fossil |
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fuel-burning appliances. |
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(c) The department shall distribute the information |
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described by this section to the public in any manner the department |
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determines is cost-effective, including providing the information |
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on the department's Internet website and publishing informational |
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pamphlets. |
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SECTION 11. Section 5.008(b), Property Code, is amended to |
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read as follows: |
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(b) The notice must be executed and must, at a minimum, read |
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substantially similar to the following: |
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SELLER'S DISCLOSURE NOTICE |
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CONCERNING THE PROPERTY AT___________________________________ |
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(Street Address and City) |
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THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF |
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THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY |
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SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR |
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WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT |
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A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS. |
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Seller __ is __ is not occupying the Property. |
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If unoccupied, how long since Seller has occupied the Property? |
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________________________________________________________________ |
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1. The Property has the items checked below: |
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Write Yes (Y), No (N), or Unknown (U). |
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__ Range |
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__ Oven |
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__ Microwave |
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__ Dishwasher |
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__ Trash Compactor |
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__ Disposal |
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__ Washer/Dryer |
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__ Window |
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__ Rain Gutters |
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__ Security |
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__ Fire Detection |
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__ Intercom |
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__ TV Antenna |
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__ Cable TV |
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__ Satellite |
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__ Ceiling Fan(s) |
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__ Attic Fan(s) |
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__ Exhaust |
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__ Central A/C |
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__ Central Heating |
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__ Wall/Window Air |
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__ Plumbing System |
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__ Septic System |
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__ Public Sewer |
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__ Patio/Decking |
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__ Outdoor Grill |
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__ Fences |
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__ Pool Equipment |
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__ Pool Heater |
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__ Automatic Lawn |
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__ Fireplace(s) & |
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__ Fireplace(s) & |
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__ Gas Lines |
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__ Gas Fixtures |
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Garage: __ Attached |
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__ Not Attached |
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__ Carport |
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Garage Door Opener(s): |
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__ Electronic |
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__ Control(s) |
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Water Heater: |
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__ Gas |
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__ Electric |
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Water Supply: __ City |
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__ Well __ MUD |
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__ Co-op |
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Roof Type: ________________________________Age: _____(approx) |
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Are you (Seller) aware of any of the above items that are not in |
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working condition, that have known defects, or that are in need of |
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repair? __ Yes __ No __ Unknown. |
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If yes, then describe. (Attach additional sheets if necessary): |
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________________________________________________________________ |
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________________________________________________________________ |
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2. Does the property have working smoke detectors installed in |
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accordance with the smoke detector requirements of Chapter 766, |
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Health and Safety Code? __Yes __No __Unknown. |
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If the answer to the question above is no or unknown, explain. |
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(Attach additional sheets if necessary): _________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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3. Are you (Seller) aware of any known defects/malfunctions in any |
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of the following? |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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__ Interior Walls |
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__ Ceilings |
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__ Floors |
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__ Exterior Walls |
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__ Doors |
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__ Windows |
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__ Roof |
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__ Foundation/ |
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__ Basement |
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__ Walls/Fences |
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__ Driveways |
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__ Sidewalks |
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__ Plumbing/Sewers/ |
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__ Electrical |
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__ Lighting |
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__ Other Structural Components (Describe):____________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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4 [3]. Are you (Seller) aware of any of the following conditions? |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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__ Active Termites |
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__ Previous Structural |
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__ Termite or Wood Rot Damage |
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__ Hazardous or Toxic Waste |
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__ Previous Termite Damage |
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__ Asbestos Components |
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__ Previous Termite |
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__ Urea formaldehyde |
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__ Previous Flooding |
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__ Radon Gas |
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__ Improper Drainage |
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__ Lead Based Paint |
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__ Water Penetration |
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__ Aluminum Wiring |
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__ Located in 100-Year |
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__ Previous Fires |
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__ Present Flood Insurance |
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__ Unplatted Easements |
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__ Landfill, Settling, Soil |
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__ Subsurface |
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Movement, Fault Lines |
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Structure or Pits |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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5 [4]. Are you (Seller) aware of any item, equipment, or system in |
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or on the property that is in need of repair? __ Yes (if you are |
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aware) __ No (if you are not aware). If yes, explain (attach |
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additional sheets as necessary). ________________________________ |
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6 [5]. Are you (Seller) aware of any of the following? |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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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. |
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__ |
Homeowners' Association or maintenance fees or assessments. |
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Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. |
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Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property. |
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__ |
Any lawsuits directly or indirectly affecting the Property. |
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Any condition on the Property which materially affects the physical health or safety of an individual. |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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_______________________________________________________ |
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Date Signature of Seller |
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The undersigned purchaser hereby acknowledges receipt of the |
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foregoing notice and acknowledges the property complies with the |
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smoke detector requirements of Chapter 766, Health and Safety Code, |
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or, if the property does not comply with the smoke detector |
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requirements of Chapter 766, the buyer waives the buyer's rights to |
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have smoke detectors installed in compliance with Chapter 766. |
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_______________________________________________________ |
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Date Signature of Purchaser |
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SECTION 12. Subchapter F, Chapter 92, Property Code, is |
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amended by adding Section 92.2571 to read as follows: |
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Sec. 92.2571. ALTERNATIVE COMPLIANCE. A landlord complies |
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with the requirements of this subchapter relating to the provision |
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of smoke detectors in the dwelling unit if the landlord: |
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(1) has a fire detection device, as defined by Article |
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5.43-2, Insurance Code, that includes a smoke detection device |
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installed in a dwelling unit; or |
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(2) for a dwelling unit that is a one-family or |
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two-family dwelling unit, installs smoke detectors in compliance |
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with Chapter 766, Health and Safety Code. |
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SECTION 13. The change in law made by this Act to Section |
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5.008, Property Code, applies only to a notice executed on or after |
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the effective date of this Act. A notice executed before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 14. (a) Not later than March 1, 2008, the |
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commissioner of insurance shall adopt the rules and forms necessary |
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to implement the changes in law made by this Act to Article 5.43-2, |
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Insurance Code. |
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(b) Notwithstanding Article 5.43-2, Insurance Code, a |
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residential fire alarm technician is not required to obtain a |
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license under that article before June 1, 2008. |
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SECTION 15. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2118 was passed by the House on May 4, |
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2007, by the following vote: Yeas 135, Nays 6, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2118 on May 24, 2007, by the following vote: Yeas 141, Nays 4, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2118 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |