9.6

Clearing a tag

Clearing a yellow or red label, and who is allowed to take one off

A warning label comes off in one way, and 28 TAC §§ 34.623 and 34.624 describe it identically. Yellow and red labels MUST REMAIN IN PLACE UNTIL THE CONDITIONS ARE CORRECTED AND A SERVICE LABEL IS ATTACHED CERTIFYING THAT THE CORRECTIONS WERE MADE. So the sequence is fixed: correct the conditions, attach the service label, then remove the tag. The service label is not an afterthought in that order — it is the instrument that discharges the warning, which is why 28 TAC § 34.621 requires that where the service performed corrects all conditions noted on a yellow or red label, THE COLOR AND DATE OF THAT LABEL SHALL BE MARKED ON THE SERVICE LABEL and the respective yellow or red label removed. The panel keeps a record of the tag even after the tag is gone.

Removal is restricted to three sets of hands, and the same three appear in both rules: a LICENSED EMPLOYEE OR AGENT OF A REGISTERED FIRM, an EMPLOYEE OF THE STATE FIRE MARSHAL’S OFFICE, or an AUTHORIZED REPRESENTATIVE OF A GOVERNMENTAL AGENCY WITH APPROPRIATE REGULATORY AUTHORITY. A building owner is not on that list, and neither is a maintenance contractor without a license. The DO NOT REMOVE line at the top of every one of these labels is not rhetoric — for the yellow and red ones it names a rule about who may act.

One duty survives the removal. THE LOCAL AUTHORITY HAVING JURISDICTION MUST BE NOTIFIED WHEN CORRECTIONS ARE MADE AND A YELLOW OR RED LABEL IS REMOVED OR REVISED, and that notification must be postmarked, emailed, faxed, or hand delivered WITHIN FIVE BUSINESS DAYS OF THE REMOVAL. Both rules set the same clock for this, whichever color came off. So a tagged system generates two notices to the local authority at different times — one when the tag goes on, on the clock § 9.4 or § 9.5 sets, and one when it comes off, five business days either way. A firm that corrects a fault, attaches the service label, pulls the tag and moves on has completed the work and left the second notice undone.

Key terms

Clearing a labelService labelAuthorized representativeFive business daysRevised label