The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
  (1) Business--Planning, selling, installing, maintaining, or servicing fire protection sprinkler systems.
  (2) Certificate--The certificate of registration issued by the state fire marshal.
  (3) Certify--To attest to the proper planning, installing, maintaining, or servicing of fire protection sprinkler systems by executing a contractor's material and test certificate or other form required by a governmental authority or by attaching a completed service tag.
  (4) Department--The Texas Department of Insurance.
  (5) Emergency impairment--A condition where a water-based fire protection system or portion thereof is out of order due to an unexpected occurrence, such as ruptured pipe, an operated sprinkler, or an interruption of the water supply to the system.
  (6) Employee--An individual that who performs tasks assigned by the employer. The employee's pay is subject to the deduction of social security and federal income tax. The employee may be full time, part time, or seasonal. For the purposes of this section, employees of a registered firm who are paid through a staff leasing company are considered to be employees of the registered firm.
  (7) Firm--A person or organization as defined in this section.
  (8) Full-time--The number of hours that represents the regular, normal, or standard amount of time per week each employee of the firm devotes to work-related activities.
  (9) Full-time employment basis--An employee is considered to work on a full-time basis if the employee works per week at least the average number of hours worked per week by all other employees of the firm.
  (10) Inspection--A visual examination of a system or portion thereof to verify that it appears to be in operating condition and is free of physical damage.
  (11) Inspection, testing, and maintenance service--A service program provided by a qualified contractor in which all components unique to the property's systems are inspected and tested at the required times and necessary maintenance is provided and/or recommended. This program includes logging and retention of relevant records.
  (12) NFPA--National Fire Protection Association, a nationally recognized standards-making organization.
  (13) NICET--National Institute for the Certification in Engineering Technologies.
  (14) Organization--A corporation, partnership or other business association, or governmental entity.
  (15) Outsource testing service--The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter.
  (16) Person--A natural person.
  (17) Plan--To lay out, detail, draw, calculate, devise, or arrange an assembly of underground and overhead piping and appurtenances in accordance with either adopted fire protection standards or specifications especially designed by an engineer.
  (18) Registered firm--A person or organization holding a current certificate of registration.
  (19) Repair--Any work performed after initial installation on fire protection sprinkler systems, not including inspecting or testing.
  (20) Responsible managing employee--A responsible managing employee, as defined in Insurance Code §6003.001(10), and also referenced within this subchapter as an RME.
  (21) Sprinkler system--A sprinkler system, for fire protection purposes which:
    (A) is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards;
    (B) is an installation including a water supply such as a gravity tank, fire pump, reservoir, or pressure tank, or connection by underground piping to a city main from the point of connection or valve where the primary purpose of the water is for a fire protection sprinkler system;
    (C) includes, as the portion of the sprinkler system aboveground, a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are connected in a systematic pattern;
    (D) includes a controlling valve and a device for actuating an alarm when the system is in operation; and
    (E) is usually activated by heat from a fire and discharges water over the fire area.
  (22) Testing--A procedure used to determine the status of a system as intended by conducting periodic physical checks on water-based fire protection systems such as water-flow tests, fire pump tests, alarm tests, and trip tests of dry pipe, deluge, or preaction valves. These tests follow up on the original acceptance test at intervals specified in the applicable adopted standard.

Source Note: The provisions of this §34.706 adopted to be effective May 10, 1984, 9 TexReg 2380; amended to be effective October 17, 1986, 11 TexReg 4161; amended to be effective April 14, 1989, 14 TexReg 1644; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective September 20, 1995, 20 TexReg 7077; amended to be effective August 26, 1996, 21 TexReg 7663; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective June 3, 2004, 29 TexReg 5402; amended to be effective April 1, 2006, 31 TexReg 1716; amended to be effective February 14, 2013, 38TexReg 662