| 1 | 1 | | By: Carona S.B. No. 1598 |
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| 2 | 2 | | (Smithee) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the inspection of portable fire extinguishers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 6001.002, Insurance Code, is amended by |
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| 10 | 10 | | adding Subdivision (5-a) and amending Subdivision (7) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (5-a) "Portable fire extinguisher inspection" means a |
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| 13 | 13 | | monthly inspection to ensure that a portable fire extinguisher: |
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| 14 | 14 | | (A) is in the extinguisher's designated |
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| 15 | 15 | | location; |
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| 16 | 16 | | (B) has not been actuated or subject to |
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| 17 | 17 | | tampering; and |
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| 18 | 18 | | (C) does not have any obvious physical damage or |
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| 19 | 19 | | another condition that may prevent proper operation of the |
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| 20 | 20 | | extinguisher. |
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| 21 | 21 | | (7) "Service" and "servicing" mean servicing a |
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| 22 | 22 | | portable fire extinguisher or a fixed fire extinguisher system by |
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| 23 | 23 | | [inspecting,] charging, filling, maintaining, recharging, |
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| 24 | 24 | | refilling, repairing, or testing. |
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| 25 | 25 | | SECTION 2. Subsection (a), Section 6001.156, Insurance |
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| 26 | 26 | | Code, is amended to read as follows: |
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| 27 | 27 | | (a) The licensing provisions of this chapter do not apply |
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| 28 | 28 | | to: |
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| 29 | 29 | | (1) the filling or charging of a portable fire |
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| 30 | 30 | | extinguisher by the manufacturer before initial sale of the fire |
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| 31 | 31 | | extinguisher; |
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| 32 | 32 | | (2) the servicing by a firm of the firm's portable fire |
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| 33 | 33 | | extinguishers or fixed systems by the firm's personnel who are |
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| 34 | 34 | | specially trained for that servicing; |
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| 35 | 35 | | (2-a) the inspection of a firm's portable fire |
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| 36 | 36 | | extinguisher by a person who is: |
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| 37 | 37 | | (A) specially trained to perform portable fire |
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| 38 | 38 | | extinguisher inspections; and |
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| 39 | 39 | | (B) under contract with the firm for that |
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| 40 | 40 | | purpose; |
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| 41 | 41 | | (3) the installation of portable fire extinguishers in |
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| 42 | 42 | | a building by the building owner, the owner's managing agent, or an |
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| 43 | 43 | | employee of the building owner or the owner's managing agent; |
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| 44 | 44 | | (4) the installation or servicing of water sprinkler |
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| 45 | 45 | | systems installed in compliance with the National Fire Protection |
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| 46 | 46 | | Association's Standards for the Installation of Sprinkler Systems; |
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| 47 | 47 | | (5) a firm that is engaged in the retail or wholesale |
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| 48 | 48 | | sale of portable fire extinguishers that carry an approval label or |
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| 49 | 49 | | listing of a testing laboratory approved by the department, but |
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| 50 | 50 | | that is not engaged in the installation or servicing of those |
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| 51 | 51 | | extinguishers; |
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| 52 | 52 | | (6) a fire department that services portable fire |
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| 53 | 53 | | extinguishers as a public service without charge, if the members of |
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| 54 | 54 | | the fire department are trained in the proper servicing of the fire |
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| 55 | 55 | | extinguishers; |
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| 56 | 56 | | (7) a firm that is a party to a contract under which: |
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| 57 | 57 | | (A) the installation of portable fire |
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| 58 | 58 | | extinguishers or a fixed fire extinguisher system is performed |
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| 59 | 59 | | under the direct supervision of and certified by a firm |
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| 60 | 60 | | appropriately registered to install and certify portable |
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| 61 | 61 | | extinguishers or fixed systems; and |
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| 62 | 62 | | (B) the registered firm assumes full |
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| 63 | 63 | | responsibility for the installation; or |
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| 64 | 64 | | (8) an engineer licensed under Chapter 1001, |
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| 65 | 65 | | Occupations Code, while acting solely in the engineer's |
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| 66 | 66 | | professional capacity. |
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| 67 | 67 | | SECTION 3. This Act takes effect September 1, 2011. |
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