7.1

Adoption by reference

What adoption by reference is, and what this book cannot tell you

Adoption by reference is a rule that gives legal force to a document somebody else wrote. The commissioner does not copy the text into the Texas Administrative Code; the rule names the document and its edition, and from that point the named document carries the weight of the rule. Insurance Code § 6002.052 is the authority for it: in adopting necessary rules the commissioner may use recognized standards, and the statute names the kinds — standards of the National Fire Protection Association, standards recognized by federal law or regulation, standards published by a nationally recognized standards-making organization, the National Electrical Code, and information provided by individual manufacturers. The same section then requires the commissioner to adopt standards applicable to the fire alarm devices, equipment, and systems the chapter regulates. 28 TAC § 34.607 is where that instruction was carried out.

The rule’s own words describe what it is adopting with unusual care, and every phrase does work. The commissioner adopts by reference “those sections of the following COPYRIGHTED minimum standards, recommendations, and appendices concerning fire alarm, fire detection, or supervisory services or systems” — so what is adopted is sections of documents, not whole documents; the documents include recommendations and appendices as well as standards; the subject matter is bounded; and the rule states on its face that the material is copyrighted. It then tells the reader where to get it: the standards are published by and available from the National Fire Protection Association on the NFPA website.

That last point sets a boundary this chapter holds to, and stating it plainly beats leaving you to discover it. THE STANDARDS THEMSELVES ARE NOT AMONG THIS BOOK’S SOURCES. They are copyrighted documents you obtain from their publisher, and this book will not reproduce, quote, or summarize what any of them requires — not a spacing, not an interval, not a device rule. What this chapter can do, and what the rest of it does, is teach the MECHANICS: which editions Texas has adopted, when Texas law overrides them, when you may work to a different edition, what a local jurisdiction may add, and how a repair is told apart from a modification. Those are questions about the Texas rules, and the Texas rules are pinned. If you need to know what a standard says, buy the standard.

Key terms

Adoption by referenceRecognized standardsCopyrightedAppendicesAdopted edition