By: Carona S.B. No. 1598
(Smithee)
A BILL TO BE ENTITLED
AN ACT
relating to the inspection of portable fire extinguishers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6001.002, Insurance Code, is amended by
adding Subdivision (5-a) and amending Subdivision (7) to read as
follows:
(5-a) "Portable fire extinguisher inspection" means a
monthly inspection to ensure that a portable fire extinguisher:
(A) is in the extinguisher's designated
location;
(B) has not been actuated or subject to
tampering; and
(C) does not have any obvious physical damage or
another condition that may prevent proper operation of the
extinguisher.
(7) "Service" and "servicing" mean servicing a
portable fire extinguisher or a fixed fire extinguisher system by
[inspecting,] charging, filling, maintaining, recharging,
refilling, repairing, or testing.
SECTION 2. Subsection (a), Section 6001.156, Insurance
Code, is amended to read as follows:
(a) The licensing provisions of this chapter do not apply
to:
(1) the filling or charging of a portable fire
extinguisher by the manufacturer before initial sale of the fire
extinguisher;
(2) the servicing by a firm of the firm's portable fire
extinguishers or fixed systems by the firm's personnel who are
specially trained for that servicing;
(2-a) the inspection of a firm's portable fire
extinguisher by a person who is:
(A) specially trained to perform portable fire
extinguisher inspections; and
(B) under contract with the firm for that
purpose;
(3) the installation of portable fire extinguishers in
a building by the building owner, the owner's managing agent, or an
employee of the building owner or the owner's managing agent;
(4) the installation or servicing of water sprinkler
systems installed in compliance with the National Fire Protection
Association's Standards for the Installation of Sprinkler Systems;
(5) a firm that is engaged in the retail or wholesale
sale of portable fire extinguishers that carry an approval label or
listing of a testing laboratory approved by the department, but
that is not engaged in the installation or servicing of those
extinguishers;
(6) a fire department that services portable fire
extinguishers as a public service without charge, if the members of
the fire department are trained in the proper servicing of the fire
extinguishers;
(7) a firm that is a party to a contract under which:
(A) the installation of portable fire
extinguishers or a fixed fire extinguisher system is performed
under the direct supervision of and certified by a firm
appropriately registered to install and certify portable
extinguishers or fixed systems; and
(B) the registered firm assumes full
responsibility for the installation; or
(8) an engineer licensed under Chapter 1001,
Occupations Code, while acting solely in the engineer's
professional capacity.
SECTION 3. This Act takes effect September 1, 2011.