2.4

The rest of the list

The other exemptions, grouped by what they actually turn on

The remaining nine exemptions in Insurance Code § 6002.155 read as an unsorted list, which is why people miss the one that fits them. Sorted by what each actually turns on, they fall into four families: work on property you own or give away, businesses that only sell, individuals working under someone else’s license, and professionals whose authority comes from a different chapter of Texas law. The families are an aid to finding your situation, not a legal grouping — when you have found it, the conditions of that single paragraph are what govern.

Two of them carry conditions sharp enough to be worth naming here. The exemption for a building owner, managing agent, or their employee who installs battery-operated single station smoke detectors or monitors systems in the owner’s own building holds only where the monitoring is performed at the owner’s property AT NO CHARGE to the occupants, complies with the applicable National Fire Protection Association standards as adopted by rule, and uses equipment approved by a testing laboratory approved by the department for fire alarm monitoring. And the exemption for a burglar alarm licensee reaches one specific product: a combination keypad including a panic button that initiates a fire alarm signal in a single-family or two-family residence, where that signal is monitored by a fire alarm firm registered under this chapter and is NOT initiated by a fire or smoke detection device. Add a detector to it and the exemption is gone.

The selling exemption deserves a closing word, because it is the one most often read as a general license to be in the trade without being in the trade. Insurance Code § 6002.155 exempts an individual or organization that sells fire detection or fire alarm devices exclusively over-the-counter or by mail order and does not plan, certify, install, service, or maintain the devices. Both halves are load-bearing: the moment a seller installs or services anything, the exemption is over. And even a seller squarely inside it is not outside the chapter, because Insurance Code § 6002.252 applies to the sale itself — a fire detection or fire alarm device may not be sold or installed in Texas unless it comes with printed information covering installation, operation, testing and maintenance, help in building an emergency evacuation plan, the telephone number and location of the nearest fire department together with notification procedures, and information to help reduce false alarms. That obligation belongs to the supplier or the installing contractor, and no exemption in Insurance Code § 6002.155 touches it.

One more provision is easily mistaken for an exemption, and it belongs with the equipment-labeling requirement rather than with the licensing exemptions. Insurance Code § 6002.251 requires equipment to carry the label of approval or listing of a department-approved testing laboratory, and then exempts from that requirement fire alarm devices that are NOT required by the chapter or its rules and that do not impair the operation of devices which are — but only where those extra devices are approved by the local authority with jurisdiction. It is an exemption from labeling, granted by the local authority, for equipment nobody required in the first place. It is an exemption from labeling, not from licensing, and it does nothing for anyone looking for a way out of the credential.

Property you own, or work you give away

Installing on your own property; installing at no charge to protect your own personal property on someone else’s, where that is not a normal business practice; a building owner or managing agent installing battery single station detectors or monitoring their own building at no charge to occupants; and providing and installing a battery-powered smoke detector at no charge in a one- or two-family residence.

Selling, and nothing else

Selling devices exclusively over-the-counter or by mail order, and not planning, certifying, installing, servicing, or maintaining them. The second half is the whole exemption — one installation ends it.

Working under a licensee

An employee of a registered firm under the direct on-site supervision of a license holder; and an individual employed by a registered firm who sells and installs a labeled single station smoke or heat detector, not connected to any other device or system, in a one- or two-family residence. For the second, Insurance Code § 6002.253 puts a training and supervision duty on the firm.

Authority from another chapter

A law enforcement agency or fire department, or an officer or firefighter acting officially, responding to a device; an engineer licensed under Occupations Code Chapter 1001 acting solely in a professional capacity; and a burglar alarm licensee under Occupations Code Chapter 1702, for a panic-button keypad only, on the conditions above.

Key terms

Own-property exemptionOver-the-counter salePanic buttonPrinted informationLocal authority with jurisdiction