(a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable, the owner or the owner's representative must be notified in writing of all impairments. The registered firm must notify the owner or the owner's representative immediately and must also notify the local authority having jurisdiction (AHJ) when available within 24 hours by phone, fax, or email describing the impairments or deficiencies. A copy of the written notice to the owner must be submitted to the AHJ within three business days. A completed red tag must be attached to indicate that corrective action or replacement is necessary. The signature of the licensee on the tag certifies that the impairments listed indicate that the equipment is unsafe or inoperable. A service tag must not be attached until the impairments have been corrected or the portable extinguisher or fixed system is replaced and the extinguisher or fire extinguisher system re-inspected and found to be in good operating condition. The local AHJ must be notified when corrections are made and a red tag is removed or revised. The notification must be postmarked, emailed, faxed, or hand delivered within five business days of the removal of the red tag.
(b) Red tags must be the same size as service tags.
(c) Red tags must bear the following information in the format of the tag shown in subsection (e) of this section:
  (1) "DO NOT REMOVE--EQUIPMENT IMPAIRED" (all capital letters, at least 10-point boldface type);
  (2) firm's name and address;
  (3) firm's certificate-of-registration number;
  (4) licensee's name and license number;
  (5) licensee's signature (a stamped signature is prohibited);
  (6) date;
  (7) list of impairments; and
  (8) name and address of owner or occupant.
(d) A red tag may be removed only by an authorized employee of a registered firm who has corrected the impairments and certified the service, an employee of the State Fire Marshal's Office, or an employee of another governmental agency with regulatory authority.
(e) Red tag:
Attached Graphic

Source Note: The provisions of this §34.521 adopted 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 May 10, 1996, 21 TexReg 3714; amended to be effective January 1, 1997, 21 TexReg 11521; 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 April 1, 2006, 31 TexReg 1706; amended to be effective February 14, 2013, 38 TexReg 662; amended to be effective July 19, 2016, 41 TexReg 5180