(a) Required. Each firm and each branch office engaged in the business must obtain a certificate of registration from the state fire marshal.
(b) Properly equipped licensed person. Before engaging in the business, each registered firm must have at least one licensed person who must be properly equipped to perform the act or acts authorized by its certificate.
(c) Types of certificates. The business activities authorized by the certificate are limited to the business activities authorized under the license of its employees. A separate Type C registration is required to engage in the business of hydrostatic testing of U.S. Department of Transportation (U.S. DOT) specification fire extinguisher cylinders.
(d) Business location. Each registered firm must maintain a specific business location, and the business location must be indicated on the certificate. The business location must be a physical address, not a mailing address or P.O. Box.
(e) Shop. A registered firm must establish and maintain a shop, whether at a specific business location or in a mobile unit designed so that servicing, repairing, or hydrostatic testing can be performed. The shop must be adequately equipped to service or test all fire extinguishers or systems the registered firm installs and services. At a minimum, a firm must maintain the following:
  (1) a copy of the most recently adopted edition of NFPA 10;
  (2) a copy of the most recently adopted Insurance Code Chapter 6001 and this chapter;
  (3) a list of manufacturers or types of portable extinguishers serviced with their respective manuals or part lists;
  (4) portable scale to accurately measure extinguisher gross weights;
  (5) seals or tamper indicators;
  (6) temporary fire extinguishers replacements;
  (7) if performing annual maintenance on carbon dioxide extinguishers, at a minimum, the following additional items are required:
    (A) conductivity tester; and
    (B) conductivity test label;
  (8) if performing internal maintenance for portable extinguishers, a written notice must be kept on file indicating the registered firm performing the maintenance or, at a minimum, the following additional items are required:
    (A) appropriate tools to remove and reinstall a valve head;
    (B) charging adapters;
    (C) Teflon tape, silicone grease, solvent, or other lubricant used;
    (D) supply of spare parts for respective manufacturers and type of fire extinguishers serviced;
    (E) appropriate recharge agents;
    (F) agent fill funnels;
    (G) light designed to be used for internal inspections;
    (H) dry chemical closed recovery system or sufficient new dry chemical;
    (I) leak test equipment;
    (J) dry nitrogen cylinders, regulator and calibrated gauges for pressurizing cylinders;
    (K) verification collar rings; and
    (L) six-year maintenance labels.
  (9) if performing hydrostatic testing for portable extinguishers, a written notice must be kept on file indicating the registered firm performing the test or, at a minimum, the following additional items are required:
    (A) working hydrostatic test pump with flexible connection, check valves, and fittings;
    (B) protective cage or barrier;
    (C) calibrated gauges;
    (D) drying equipment;
    (E) hydrostatic test log; and
    (F) hydrostatic test labels;
  (10) if performing maintenance for U.S. DOT specification portable fire extinguishers, a written notice must be kept on file indicating the registered firm that would perform the hydrostatic test when required or, at a minimum, the following additional items are required:
    (A) a current Type C registration issued by the State Fire Marshal's Office; and
    (B) verification of registration through the U.S. DOT;
  (11) if installing or servicing a fixed fire extinguisher system, at a minimum, the following additional items are required:
    (A) a copy of the latest adopted edition of applicable NFPA standards with respect to the type of system installed or serviced;
    (B) applicable manufacturer's service manuals for the type of system; and
    (C) any special tools or parts as required by the manufacturer's manual.
(f) Business vehicles. All vehicles used regularly in installation, service, maintenance, testing, or certification activities must prominently display the company name, telephone number, and certificate of registration number. The numbers and letters must be at least one inch in height and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color of the vehicle. The certificate-of-registration number must be designated in the following format: TX ECR-number. A business vehicle must be adequately equipped for the type of service that is being provided.
(g) Branch office initial certificate of registration fees and expiration dates. The initial fee for a branch office certificate of registration is $100 and is not prorated. Branch office certificates of registration expire and renew on the same date as the certificate of registration for the registered firm's main office.
(h) Change of ownership.
  (1) The total change of a firm's ownership invalidates the current certificate. To ensure continuance of the business, the new owners must submit an application for a new certificate to the state fire marshal 14 days before the change.
  (2) A partial change in a firm's ownership will require a revised certificate if it affects the firm's name, location, or mailing address.
(i) Change of corporate officers. Any change of corporate officers must be reported in writing to the state fire marshal within 14 days. This change does not require an application for a new or revised certificate.
(j) Duplicate certificates. A certificate holder must obtain a duplicate certificate from the state fire marshal to replace a lost or destroyed certificate. The certificate holder must submit written notification of the loss or destruction without delay, accompanied by the required fee.
(k) Revised certificates. The change of a firm's name, location, or mailing address requires a revised certificate. Within 14 days after the change requiring the revision, the registered firm must submit written notification of the necessary change accompanied by the required fee to the State Fire Marshal's Office.
(l) Nontransferable. A certificate is neither temporarily nor permanently transferable from one firm to another.
(m) Initial alignment of the expiration and renewal dates of existing branches. For branch offices in existence as of the effective date of this rule, branch office certificates of registration will expire and renew on the same date as the certificate of registration issued to the main office for that firm. All fees associated with the initial alignment of expiration and renewal dates for the branch office certificate of registration will prorate accordingly.

Source Note: The provisions of this §34.510 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; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective September 20, 2004, 29 TexReg 9006; amended to be effective July 5, 2011, 36 TexReg 4111; amended to be effective February 14, 2013, 38 TexReg 662; amended to beeffective July 29, 2014, 39 TexReg 5761; amended to be effective July 19, 2016, 41 TexReg 5180; amended to be effective August 29, 2019, 44 TexReg 4481