2.2

Scope of exemption

Exempt from the license is not exempt from the standard

An exemption feels like a door out of the whole regulation. It is not, and 28 TAC § 34.604 says so in one sentence. It confirms that the exceptions in Insurance Code § 6002.155 apply to the subchapter as well as to the statute, and then states the limit: professionally exempt individuals or organizations are exempt from license requirements only, and remain responsible for ensuring that planning and installation of fire detection or fire alarm devices are performed according to the standards adopted in 28 TAC § 34.607. Professionally exempt is the rule’s own shorthand for anyone the exemption list covers — nothing is applied for and nothing is issued. What an exemption buys is relief from holding a credential. It buys nothing at all about how the work is done.

The same sentence carries an allowance that is easy to miss and easy to over-read. The exempt party’s obligation runs to the adopted standards “except when the planning and installation complies with a more recent edition of an adopted standard” — so working to a NEWER edition than the one 28 TAC § 34.607 names does not put an exempt party in breach of 28 TAC § 34.604. Note the direction of travel. This is not the same allowance § 1.5 described for licensed work, which runs the other way and turns on what a political subdivision has adopted. Two provisions in one subchapter, pointing in opposite directions, each attached to a different situation — a good reminder that in this book an allowance belongs to the provision it appears in and does not travel.

Several of the exemptions do not even wait for 28 TAC § 34.604 to make the point; they build the standard into their own conditions. The municipal-electrician exemption, the free-battery-detector exemption, and the registered-firm-employee exemption each require that the installation comply with the adopted edition of National Fire Protection Association Standard No. 72, as a condition of the exemption itself. And where the exempt person works for a registered firm, Insurance Code § 6002.253 moves the duty rather than removing it: a registered firm employing an individual exempt under Insurance Code § 6002.155(10) must appropriately train and supervise that individual to ensure each installation complies with the adopted provisions of NFPA 72 or other adopted standards, that each detector sold or installed carries a label or listing of approval by a testing laboratory approved by the department, and that the individual is knowledgeable in fire protection and the proper use and placement of detectors. The exemption is the employee’s; the responsibility is the firm’s.

Key terms

Professionally exemptLicense requirementsAdopted standardsMore recent editionTrain and supervise