37 TAC §427.15
The Texas Commission on Fire Protection proposes amendments
to §427.15, concerning certified training facilities. The amendment to §427.15
changes language to allow training facilities to administer one retest for
each comprehensive examination given.
Ms. Marlene Jerred, Interim Director of the Fire Service Standards and
Certification Division, has determined that for the first five year period
the amended sections are in effect there will be no fiscal implication for
state and local governments.
Ms. Jerred has also determined that for each of the first five years the
proposed amendments are in effect the public benefit anticipated as a result
of enforcing the amended section will be that academies will have more flexibility
to allow retests to evaluate effectiveness of instruction and comprehension
of trainees. The new language clarifies that retests may be allowed for each
comprehensive examination. There are no additional costs of compliance for
small or large businesses or individuals required to comply with the amendments.
The commission has determined that the proposed amendments relating to certified
training facilities will have no impact on private real property interests
and no takings impact assessment is required pursuant to the Government Code, §2007.043(b)
and §2.18 of the Attorney General's Private Real Property Rights Preservation
Act Guidelines. The commission has also determined that the proposed rule
change will have no local employment impact which requires an impact statement
pursuant to the Government Code, §2001.022.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The amendments are proposed under Texas Government Code, §419.008,
which provides the commission with authority to propose rules for the administration
of its powers and duties; and Texas Government Code, §419.028, which
provides the commission with authority to certify facilities operated for
training fire protection personnel or recruits.
Texas Government Code, §419.028 is affected by the proposed amendments.
§427.15.Testing Procedures.
(a)
A system for evaluating the effectiveness of the instruction,
and the comprehension of the trainee is required.
(b)
If performance skills are part of the applicable curriculum,
performance testing shall be done and records kept indicating that each trainee
has demonstrated an ability to consistently perform, individually and as a
member of a team, all tasks and operations associated with the training in
a safe manner and level of competency which contributes to the successful
achievement of the purpose for which the task or operation is being performed.
(c)
Performance testing should be utilized to the maximum extent
practical. The performance skills contained in the applicable basic curriculum
shall be utilized to satisfy performance skills requirements. Each trainee
shall be prepared to demonstrate any performance skill before a commission
representative as may be required in Chapter 439 (relating to Examinations
for Certification).
(d)
Written tests shall be designed to encompass the contents
of the subjects being taught and phrased in a manner which can be readily
understood by a trainee whose comprehension is at a level consistent with
the academic level of the material being presented.
(1)
Periodic written tests serve the dual purpose of permitting
the instructor to evaluate the effectiveness of the instruction and the comprehension
of the trainees. The instructor must determine that each trainee understands
and comprehends the subject matter being presented. Trainees must maintain
a grade average of not less than 70% for all periodic tests administered during
the course.
(A)
A minimum of eight periodic written tests shall be administered
during the course for certification of structural fire protection personnel,
covering the subjects listed in the basic fire suppression curriculum.
(B)
A minimum of four periodic written tests shall be administered
during the course for certification of aircraft rescue fire fighting personnel,
marine fire protection personnel, fire inspectors, arson investigator, and
fire investigator covering the subjects listed in the applicable curriculum.
(C)
A minimum of two periodic written tests shall be administered
during the course for certification of hazardous materials technicians covering
the subjects listed in the applicable curriculum.
(D)
A minimum of one periodic written test shall be administered
during the course for certification of driver/operator - pumper covering the
subjects listed in the applicable curriculum.
(2)
Comprehensive written tests shall be administered
utilizing one of the following options.
(A)
Option A. A midterm and a final comprehensive written test
shall be administered, if this option is utilized. The first or midterm comprehensive
test shall be given no later than midway through the curriculum and shall
relate to subjects presented from the beginning of the training until the
date of test. The final comprehensive test shall be given at the conclusion
of the training curriculum and shall relate to subject matter presented from
the beginning of the training until the date of the test. Each trainee must
maintain a grade average of not less than 70% for the two comprehensive tests.
The training facility may allow one retest for each comprehensive examination
given.
[
A trainee may be allowed one retest at the discretion of
the training facility.
]
(B)
Option B. A final comprehensive
written
test
shall be administered at the conclusion of the course and shall cover all
subjects listed in the training curriculum. Each trainee must score a grade
of not less than 70% on the final examination.
The training facility
may allow one retest for each comprehensive examination given.
[
A trainee may be allowed one retest, at the discretion of the training facility.
]
(C)
Option C. If the training facility is conducting an approved
basic fire suppression phase level program, a
comprehensive written
test will be administered by the certified training facility at the completion
of each phase of the curriculum. Trainees must obtain a grade of not less
than 70% for all tests administered for each phase.
The training facility
may allow one retest for each comprehensive examination given.
(3)
The tests in paragraphs (1) and (2) of this subsection
shall be in addition to the commission examination required in Chapter 439
of this title (relating to Examinations for Certification).
(e)
A master copy of written tests will be maintained for review
by commission representatives. The certified training facility shall maintain
master
copies of all tests for a minimum of three years.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 24, 2000.
TRD-200001418
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 239-4921