1.4 Activities Not Regulated: The § 6002.155 Exemptions
Key Takeaways
- Section 6002.155 exempts licensing only; exempt persons must still ensure planning and installation follow the standards adopted in 28 TAC § 34.607 (§ 34.604).
- A building-construction contractor is exempt only if a contract puts the installation under the direct supervision and certification of a registered firm's licensee, that firm assumes full responsibility, and the contractor does not plan, certify, lease, sell, service, or maintain systems.
- A municipally licensed electrician may install single-station or interconnected multiple-station detectors in residences only if they are not connected to a control panel or outside alarm, do not transmit off premises, do not exceed 120 volts, and comply with the adopted NFPA 72.
- Over-the-counter and mail-order sellers are exempt only if they do not plan, certify, install, service, or maintain the devices.
- A registered firm employing an employee exempt under § 6002.155(10) must train and supervise that employee under § 6002.253 and keep lesson plans and annual competency test results under 28 TAC § 34.616(a)(2).
Why This Section Matters
Almost every enforcement case begins with someone who believed they were exempt. Section 6002.155 is written as a list of conditional exemptions: each one has qualifiers, and blowing one qualifier collapses the whole exemption. Expect TFM11 to present a fact pattern where one qualifier is violated.
28 TAC § 34.604 ties the rules to the statute: "The exceptions of Insurance Code § 6002.155 are applicable to the sections of this subchapter. Professionally exempt individuals or organizations are exempt from license requirements only and will be responsible for ensuring that planning and installation of fire detection or fire alarm devices are performed according to standards adopted in § 34.607 ... except when the planning and installation complies with a more recent edition of an adopted standard."
Exempt from the license. Never exempt from the code.
1. The Exemption List (§ 6002.155)
| # | Who is exempt | The qualifiers that can destroy the exemption |
|---|---|---|
| (1) | A building-construction individual or organization installing electrical wiring and devices that may include, in part, a fire alarm or detection system | Must be party to a contract providing that the installation is performed under the direct supervision of and certified by a licensed employee/agent of a registered firm, and that the registered firm assumes full responsibility; and the contractor must not plan, certify, lease, sell, service, or maintain systems |
| (2) | An owner installing a device on their own property; or installing a device, without charge, to protect their own personal property located on another's property | Must not install on another's property as a normal business practice |
| (3) | An individual licensed or authorized by a municipality as an electrician, installing fire/smoke detection in a single-family or multifamily residence | Only single station detectors, or multiple station detectors interconnected so one actuates all — not connected to a control panel or an outside alarm, no off-premises signal, not more than 120 volts, and all installations must comply with the adopted edition of NFPA 72 |
| (4) | A seller of devices exclusively over-the-counter or by mail order | Must not plan, certify, install, service, or maintain the devices |
| (5) | A law enforcement agency, fire department, officer, or firefighter responding to an alarm in an official capacity | Response only |
| (6) | An engineer licensed under Texas law, acting within the practice of engineering | Professional-engineer scope |
| (10) | Certain employees of a registered firm working on residential single-station devices | Firm must train and supervise under § 6002.253 and 28 TAC § 34.616(a) |
(The statute's list continues; the entries above are the ones that generate exam questions.)
2. The Electrician Exemption — Five Simultaneous Conditions
Subsection (3) is the most heavily tested exemption because every condition must hold at once:
- The person holds a municipal electrician license or authority.
- The occupancy is a single family or multifamily residence.
- The devices are single station, or multiple station detectors interconnected so that actuation of one causes all alarms to operate.
- The detectors are not connected to a control panel, not connected to an outside alarm, do not transmit a signal off the premises, and do not use more than 120 volts.
- All installations comply with the adopted edition of NFPA 72.
Worked example. A city-licensed electrician wires interconnected 120-volt smoke alarms in a new duplex. Exempt. The builder then asks him to run a low-voltage pair from one alarm to a cellular communicator so the alarms report to a monitoring company. The exemption is gone — the devices now transmit a signal off the premises. The work must be performed by or under the direct on-site supervision of a licensee of a registered firm.
3. Training and Supervising Exempt Employees (§ 6002.253)
When a registered firm employs an individual who is exempt under § 6002.155(10), the firm shall appropriately train and supervise that individual to ensure that:
- Each installation complies with the adopted provisions of NFPA 72 or other adopted standards;
- Each smoke or heat detector installed or sold carries a label or listing of approval by a testing laboratory approved by the department; and
- The individual is knowledgeable in fire protection and the proper use and placement of detectors.
28 TAC § 34.616(a) implements this. Exempt persons selling, installing, and servicing residential single-station alarms must work under the supervision of a residential fire alarm superintendent (single station), a residential fire alarm superintendent, or a fire alarm planning superintendent. The registered firm must maintain documentation including lesson plans and annual test results demonstrating each exempt employee's competency regarding Chapter 6002, the adopted standards, and the parts of Subchapter F applicable to single-station devices.
4. Fact Patterns That Break the Exemption
| Fact pattern | Exempt? | Why |
|---|---|---|
| General contractor pulls fire alarm cable under a contract naming a registered firm that supervises, certifies, and assumes full responsibility | Yes | All of § 6002.155(1) is satisfied |
| Same general contractor also signs the installation certificate | No | Certifying is outside the exemption; only the registered firm's licensee may certify |
| Big-box retailer sells listed smoke alarms at the counter | Yes | § 6002.155(4) |
| The same retailer offers $99 in-home installation | No | Installing defeats the mail-order/over-the-counter exemption |
| Warehouse owner installs a detector on his own building | Yes | § 6002.155(2)(A) |
| The same owner installs detectors in tenant suites he leases out, for a fee | No | Charging and installing on another's property as a business practice |
| City firefighter responds to a waterflow alarm and silences the panel to investigate | Yes | § 6002.155(5) response in an official capacity |
| Texas-licensed professional engineer seals a fire alarm design | Yes | § 6002.155(6); § 34.619(a) also allows a Texas registered PE to plan systems |
A municipally licensed electrician installs interconnected 120-volt smoke alarms in a new duplex, then connects them to a low-voltage communicator that reports to a central station. Is the electrician still exempt from Texas fire alarm licensing?
Under 28 TAC § 34.604, what obligation remains on a person who is professionally exempt from the Chapter 6002 licensing provisions?
A registered firm employs workers who are exempt under § 6002.155(10) to sell and install residential single-station alarms. What documentation must the firm maintain under 28 TAC § 34.616(a)(2)?