The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
  (1) Apprentice--A person to whom a permit has been issued by the state fire marshal to perform various acts of service or installation while under the direct supervision of a person working for the same firm and holding a valid fire extinguisher service license to perform such acts.
  (2) Business--The planning, certifying, installing, leasing, renting, selling, or servicing of portable fire extinguishers or fixed fire extinguisher systems.
  (3) Certificate--The certificate of registration issued by the state fire marshal.
  (4) Certify--To attest to the proper planning, installing, or servicing of portables and systems by attaching a completed service tag or other form required by a governmental authority.
  (5) Commissioner--The commissioner of insurance.
  (6) Department--The Texas Department of Insurance.
  (7) DOT Specification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured, tested and stamped with the specification number as required by the United States Department of Transportation.
  (8) DOT Nonspecification Fire Extinguisher Cylinder--All fire extinguisher cylinders manufactured and tested but not stamped with a specification number as required by the United States Department of Transportation. These cylinders may be marked by a label with the words "Meets DOT Requirements."
  (9) Installation--The initial placement of a portable or fixed fire extinguisher system or an extension or alteration after initial placement.
  (10) License--The license issued by the state fire marshal to an employee of a registered firm.
  (11) NFPA--The National Fire Protection Association, Inc., a nationally recognized standards-making organization.
  (12) NICET--National Institute for the Certification in Engineering Technologies.
  (13) Outsource testing service--The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter.
  (14) Person--A natural person.
  (15) Plan--To lay out, detail, draw, calculate, devise, or arrange an assembly of detection or suppression devices and appurtenances in accordance with either fire protection standards adopted in this subchapter or specifications specially designed by a Texas registered professional engineer acting solely in his professional capacity.
  (16) Registered firm--A person, partnership, corporation, or association holding a current certificate of registration.
  (17) Shop--A facility, whether at a specific location or in a mobile unit, of a registered firm where servicing, repairing, or hydrostatic testing is performed and where parts and equipment, which are required by this subchapter or in the adopted standards, are maintained.
  (18) Test--The act of subjecting a portable or fixed system to any procedure necessary to determine whether it is properly installed or operates correctly.
  (19) Direct supervision--The oversight by a licensee of the services performed by another licensee or permittee. The licensee, performing the direct supervision at the shop, must be present at all times on the premises where the supervised licensee or permittee is performing the service. When not at the shop, the individual being supervised must be within sight of the licensee performing the direct supervision when installing or servicing portable fire extinguishers or pre-engineered fixed fire extinguisher systems. The licensee performing the direct supervision of an engineered fixed fire extinguisher system is not required to be on-site at all times when the installation is performed.

Source Note: The provisions of this §34.506 adopted to be effective December 5, 1984, 9 TexReg 6006; amended to be effective April 14, 1989, 14 TexReg 1632; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective March 23, 1994, 19 TexReg 1682; amended to be effective December 14, 1994, 19 TexReg 9526; amended to be effective September 20, 1995, 20 TexReg 7077; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective August 26, 2001, 26 TexReg 6105; amended to be effective June 3, 2004, 29 TexReg 5402; amended to be effectiveSeptember 20, 2004, 29 TexReg 9006; amended to be effective April 1, 2006, 31 TexReg 1706; amended to be effective February 14, 2013, 38 TexReg 662