Section 419.909 - Fire Safety Inspections(a) Except as provided by Subsection (a-1), only an individual certified by the commission as a fire inspector may conduct a fire safety inspection required by a state or local law, rule, regulation, or ordinance. The following entities may provide training related to fire safety inspections: (1) the commission or a training facility certified by the commission;(2) the State Firefighters' and Fire Marshals' Association of Texas or a training facility approved by that association;(3) any state agency with authority over fire safety inspections; or(4) any local agency authorized to provide the training by a state agency described by Subdivision (3).(a-1) Subject to Subsection (a-2), for purposes of conducting a fire safety inspection under Subsection (a), an individual is not required to be certified by the commission if:(1) the individual: (A) has completed a course of training on fire safety inspections offered by an entity described by Subsection (a) that complies with NFPA Standard 1031: Fire Inspector I, 2014 Edition, "Standard for Professional Qualifications for Fire Inspector and Plan Examiner," as published by the National Fire Protection Association;(B) is:(i) a member of a volunteer fire department; or(ii) authorized to conduct fire safety inspections by a municipality in which an emergency services district is located if the municipality has adopted a fire safety code; and(C) has not been convicted of an offense that involves family violence, as defined by Section 71.004, Family Code, or a felony; and(2) the inspection is conducted in: (A) a county with a population of less than 100,000; or(B) a political subdivision of this state that employs fewer than five firefighters regulated by the commission.(a-2) A volunteer fire department or a municipality described by Subsection (a-1)(1)(B)(ii) may obtain an individual's criminal history record information for use in conducting a criminal history background check before authorizing the individual to conduct fire safety inspections.(b) A fire safety inspection required by a state or local law, rule, regulation, or ordinance must be conducted in accordance with:(1) the most recent local fire code; or(2) the most recent fire code adopted by the state fire marshal.(c) This section does not apply to state agency personnel who conduct a life safety code survey of a building or facility in connection with determining whether to issue or renew a license under Chapter 142, 241, 242, 243, 244, 245, 247, 248, 251, 252, 464, 466, or 577, Health and Safety Code, or Chapter 103, Human Resources Code.Tex. Gov't. Code § 419.909
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1245,Sec. 3, eff. 6/14/2019.Redesignated from Government Code, Section 419.908 by Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 27.001(17), eff. 9/1/2011.Added by Acts 2009, 81st Leg., R.S., Ch. 994, Sec. 1, eff. 9/1/2009.