Exceptions

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The provisions of this subchapter do not apply to the following:

  1. (1) The filling or charging of a portable fire extinguisher by the manufacturer before its initial sale;

  2. (2) The visual inspections by a firm of its own portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems by its own personnel who are specifically trained to conduct visual inspections;

  3. (3) The hydrostatic testing by a firm of its own United States Department of Transportation-specification compressed gas cylinders used for or with fire extinguishers or its own pressure vessels, other than United States Department of Transportation-specification cylinders used as fire extinguishers, when the testing is performed by personnel of the firm who have been specially trained to perform the testing;

  4. (4) Firms engaged in the retailing or wholesaling of portable fire extinguishers as defined in § 20-22-602 but not engaged in the installing, servicing, or recharging of portable fire extinguishers are exempt from the registration and licensing provisions outlined in § 20-22-610, but all other provisions of this subchapter shall apply;

  5. (5) Fire departments recharging portable fire extinguishers for fire department use only if:

    1. (A) The fire department personnel performing the services are trained in the proper filling and recharging of the portable fire extinguishers;

    2. (B) All work is performed according to the standards adopted and the rules of the Arkansas Fire Protection Licensing Board and the National Fire Protection Association pamphlet number ten (No. 10): Standard for Portable Fire Extinguishers;

    3. (C)

      1. (i) Each of the fire department personnel performing the filling and recharging of the portable fire extinguishers holds a current applicable individual license issued by the board.

      2. (ii) Only portable fire extinguishers owned by the particular fire department are subject to this exception; and

    4. (D) All registration and licensure fees for licenses issued for these individual licenses are waived; and

  6. (6) The hydrostatic testing (Class A Hydro list) by a firm of United States Department of Transportation-specification compressed gas cylinder used for or with a portable fire extinguisher or a fixed fire protection system owned by other firms or individuals:

    1. (A) When the testing is performed by personnel who have been specifically trained to perform the testing;

    2. (B) When the firm is currently licensed or permitted by the United States Department of Transportation to perform Class A Hydro tests; and

    3. (C) Where the hydrostatic testing of the cylinders is the only service performed on behalf of the individual or firm or its agent which owns the cylinder.


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