The provision prohibits several fire-extinguisher business activities unless the required registration, license, labels, or other stated conditions are met, and it requires the commissioner to allow servicing of a portable fire extinguisher by rule.
Sec. 6001.251. PROHIBITED PRACTICES. (a) An individual or firm may not: (1) engage in the business of installing or servicing portable fire extinguishers without holding a registration certificate; (2) engage in the business of planning, certifying, installing, or servicing fixed fire extinguisher systems without holding a registration certificate; (3) install, service, or certify the servicing of portable fire extinguishers or plan, certify, service, or install fixed fire extinguisher systems without holding a license; (4) perform hydrostatic testing of fire extinguisher cylinders manufactured in accordance with the specifications and requirements of the United States Department of Transportation without holding a hydrostatic testing registration certificate; (5) obtain or attempt to obtain a registration certificate or license by fraudulent representation; (6) install or service portable fire extinguishers or plan, certify, service, or install fixed fire extinguisher systems in violation of this chapter or the rules adopted and administered under this chapter; (7) except as provided by Subsection (b), install, service, or hydrostatically test a fire extinguisher that does not have the proper identifying labels; (8) sell, install, service, or recharge a carbon tetrachloride fire extinguisher; or (9) except as provided by Subsection (b), lease, sell, service, or install a portable fire extinguisher, a fixed fire extinguisher system, or extinguisher equipment unless it carries an approval label or listing label issued by a testing laboratory approved by the department. (b) The commissioner by rule shall permit an individual or firm to service a portable fire extinguisher regardless of whether the extinguisher carries a label described by Subsection (a). Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.