37 TAC §§427.1, 427.3, 427.5, 427.7, 427.9, 427.11, 427.13, 427.15, 427.17, 427.19
The Texas Commission on Fire Protection (TCFP) proposes amendments
to Chapter 427, §§427.1, 427.3, 427.5, 427.7, 427.9, 427.11, 427.13,
427.15, 427.17, 427.19, concerning training facilities. The existing sections
will be grouped together as new Subchapter A, On-Site Certified Training Provider,
of the renamed Chapter 427, Training Facility Certification. Amendments to §427.1
define "on-site training facility." Amendments to §§427.3, 427.5,
427.9, and 427.13 narrow existing language to refer to "on-site" facilities
in particular. Amendments to §427.7 provide clarification for bunker
gear compliance. An amendment to §427.11 removes the "basic" specification
for reference material. Amendments to §427.15 clarify testing procedures.
Amendments to §427.17 add specifications for staff certifications and
correct a typographical error in §427.17(b) in the cross-reference to
Chapter 425. Amendments to §427.19 correct grammatical errors.
Jake Soteriou, Fire Service Standards and Certification Division Director,
has determined that for each year of the first five-year period that the proposed
amendment will be in effect, there will be no additional fiscal implications
for state and local governments as a result of enforcing or administering
the rule as amended.
Mr. Soteriou has determined that for the first five-year period that the
amendments are in effect, the public benefit will be clarification of the
types of delivery for certification programs. There are no additional fiscal
implications for individuals or small businesses required to comply with the
amendments.
Comments on the proposed amendments may be submitted to Jake Soteriou,
Fire Service Standards and Certification Division Director, Texas Commission
on Fire Protection, P.O. Box 2286, Austin, TX 78768-2286 or submitted by e-mail
to
info@tcfp.state.tx.us
.
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.028, which
provides the TCFP with authority to certify an institution or facility operated
specifically for training fire protection personnel recruits.
Texas Government Code, §419.028 is affected by the proposed amendments.
§427.1.Minimum Standards for On-Site Certified Training Facilities for Fire Protection Personnel.
(a)
An on-site
[
A
] training facility
must be certified by the commission in each discipline with a commission approved
curriculum for which the facility provides accredited training for [
basic
] fire protection personnel certification.
An on- site training
facility is where instructors and students are in immediate proximity and
where content is instructed primarily in classrooms, at demonstration projects,
in fire simulation structures, on fire apparatus, or at training sites in
the field under direct supervision of the training facility instructors.
(b)
A certified
on-site
training facility may be
approved to instruct in any one or all of the [
basic
] fire protection
personnel
curricula
[
curriculums
]. Minimum requirements
for each curriculum must be met to receive certification.
(c)
Minimum requirements for certification as a certified
on- site
training facility shall include facilities, apparatus, equipment,
reference materials, and records to support a quality education and training
program. The resources must provide for classroom instruction, demonstrations,
and practical exercises for the trainees to develop the knowledge and skills
required for [
basic
] fire protection personnel certification.
(d)
The
on-site
facilities and training shall be
performance oriented, when required. Practical performance training with maximum
participation by trainees shall be an integral part of the training program.
The evaluation process for each phase of training will emphasize, as required,
performance testing to determine if the trainee has acquired the knowledge
and skills to achieve the required level of competency as required by the
respective curriculum.
(e)
It must be clearly understood that the minimum standard
for training facilities is applicable only as the title implies and does not
address the additional training facility resources which are required for
the continuing in-service training essential to the development and maintenance
of a well-coordinated and effective fire service organization.
(f)
An organization, installation, or facility must submit
a written application for certification as a certified
on- site
training
facility to the commission. Such application will include descriptions and
addresses of physical facilities together with inventory of apparatus, equipment,
and reference material to be utilized in conducting the basic curriculum as
specified by the commission. It is not required that the equipment be owned
by, permanently assigned to, nor kept at a training facility, but must be
readily available for instructional purposes. A training facility must submit
a letter of commitment with the original training facility certification application
authorizing the use of resources not controlled by the training facility from
the provider of said resources. Photographs of resources annotated to reflect
their identity must be included with the application. When seeking basic course
approvals, the facility shall certify that the resources are provided in accordance
with this chapter.
(g)
All training must be submitted to the commission for approval
at least 20 days prior to the proposed starting date of the training.
(h)
An
[
A
]
on-site
[
certified
] training
provider certified for the first time by the commission
will receive
[
facility must submit a written request to the commission
to be issued
], at no charge, one Commission Certification Curriculum
and Standards
Manual
on CD that
[
which
]is to be
utilized by the certified
on- site
training
provider's
[
facility
] instructors. The
on-site
[
certified
]
provider is
[
training facility instructors are
] responsible
for ensuring that all subjects are taught as required by the respective curriculum.
Additional
CD
copies[
of the Commission Certification Curriculum
Manual
] may be purchased from the commission
or downloaded from
the agency web site
.
On- site
[
Certified
] training
providers
[
facilities
] that renew their certification will
receive appropriate updates[
,
] at no charge[
, to the Commission
Certification Curriculum Manual
].
§427.3.Facilities.
The following minimum resources, applicable to the curricula, are required
for certification as a certified
on-site
training facility. These
facilities may be combined or separated utilizing one or more structures.
In either event the facilities must be available and used by the instructor
and trainees.
(1)
A training tower equivalent to two or more stories in height.
The term "training tower" as used in these standards is a structure suitable
for training in the practical application of ladder evolutions, rescue drills,
hose advancement, and rope work.
(2)
A facility for classroom instruction shall have seating
capacity for anticipated trainees conducive for an effective learning environment.
(3)
Area for practical application of principles and procedures
of fire fighting, hose loading, pumper operation, to include friction loss,
nozzle reaction, fire stream patterns, and GPM discharge utilizing various
layouts for hand lines and master stream appliances.
(4)
An enclosed area or room for use in practical training
with self-contained breathing apparatus. This may be a smoke and fire room
or enclosed area which can be charged with smoke-producing devices to provide
a realistic training environment.
(5)
A structure suitable for interior live fire training and
meeting the requirements of the basic curriculum pertaining to the particular
discipline(s) which the training facility is approved to teach, shall be available
for use by the instructors to teach interior live fire training. NFPA 1403,
Standard on Live Fire Training Evolutions in Structures shall be used as a
guide when conducting interior live fire training.
(6)
Facilities to conduct exterior live fire training as required
by the basic curriculum pertaining to the particular discipline(s) which the
training facility is approved to teach, shall be available for use by the
instructors to teach exterior live fire training.
(7)
If performance or driving skills are part of the curriculum,
suitable area(s) for practicing required skills, demonstration of skills,
and performance testing must be available.
§427.5.Apparatus.
(a)
Certified
on-site
training facility--approved
for basic structural fire protection personnel.
(1)
A pumper apparatus fully equipped as required by the basic
fire suppression curriculum shall be readily available for use by the instructors
for instructional purposes.
(2)
Ladders or a ladder truck as required by the basic fire
suppression curriculum shall be readily available for use by the instructors
for instructional purposes.
(b)
Certified
on-site
training facility--approved
for basic aircraft rescue fire fighting personnel. Fire apparatus that is
equipped to perform aircraft operations as required by the basic aircraft
fire protection curriculum must be readily available for use by the instructors
for instructional purposes.
(c)
Certified
on-site
training facility--approved
for Driver/Operator - Pumper. A piece of fire apparatus with a permanently
mounted fire pump that has a rated discharge capacity of 750 gpm (2850 L/min)
or greater as defined in NFPA 1901, Standard for Automotive Fire Apparatus.
§427.7.Protective Clothing.
Each and every set of protective clothing, including proximity clothing,
that will be used during the course of instruction for a commission approved
[
basic
] fire protection personnel curriculum shall comply with §435.1
of this title (relating to Protective Clothing). This rule applies whether
the protective clothing is provided by the academy or the trainee.
Protective
clothing and elements that are no longer of use to the organization for emergency
operations service but are not contaminated, defective, or damaged may be
used for training that does not involve live fire training provided such clothing
and elements are appropriately marked to be easily recognized.
§427.9.Equipment.
The following minimum equipment, applicable to the
curricula
[
curriculum(s)
] the training facility is certified to teach, is required
for certification as a certified
on site
training facility. The
equipment must be available for use by the certified training facility:
(1)
If instruction in the use of self-contained breathing apparatus
is a part of the curriculum being taught, then self- contained breathing apparatus
in sufficient numbers shall be provided to enable each trainee to wear the
equipment for at least the life of one breathing air tank during the training.
If during the course of the training, a trainee will be subjected to a hazardous
atmosphere or where the atmosphere is unknown, the trainee shall be provided
with a self-contained breathing apparatus. (Note: All self-contained breathing
apparatus used by a certified training facility and the air used in them must
comply with §435.3 of this title (relating to Self-Contained Breathing
Apparatus)). This rule applies whether the self- contained breathing apparatus
is provided by the academy or the trainee;
(2)
standard classroom equipment to include chalkboard, speaker
rostrum, supportive instructional aids available to include audio- visual
projection equipment. The use of cutaways, models, flip charts, and other
visual aids are recommended to enhance effectiveness of the instruction. (Note:
The instructor needs to ensure all necessary equipment is available for trainees
to use regarding the basic performance skills as identified in appropriate
curriculum and to comply with §427.15 of this title (relating to Testing
Procedures)); and
(3)
other equipment, which may include training simulators
and mock training aids, and tools required by the applicable curriculum.
§427.11.Reference Material.
A reference library is required. The library must contain the publications
required to conduct research and develop lesson plans covering the material
required in the applicable [
basic
] curriculum.
§427.13.Records.
(a)
Training records shall be maintained by the
on site
training facility that reflect:
(1)
who was trained, subject, instructor, and date of instruction.
(Note: Individual records are required rather than class records); and
(2)
individual trainee test scores to include performance testing.
(b)
All training records must be maintained by the
on-
site
training facility for a minimum of three years or in accordance
with the requirement of the Texas State Library and Archives Commission, State
and Local Records Management Division, whichever is greater.
§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
in accordance with §
427.13 of this subchapter. This will ensure
[
indicating
]
that each trainee has demonstrated an ability to
competently and carefully
[
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
of this
title
(relating to Examinations for Certification).
(d)
Periodic written
[
Written
] tests shall
be
administered at the ratio of one test per 50 hours of required training,
or portion thereof. In addition to periodic tests, a comprehensive final test
must be administered. A passing score shall be 70%. If a course is taught
in phases, one comprehensive final test shall be administered at the completion
of all phases
[
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.]
[
(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.]
[
(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)
Periodic and final
[
A master copy of written
] tests
shall be in addition to the
[
will be maintained
for review by
] commission
examination required in Chapter 439 of
this title (relating to Examinations for Certification)
[
representatives.
The certified training facility shall maintain copies of all tests for a minimum
of three years
].
§427.17.Staff.
(a)
A training officer
of an on-site training facility
, as a minimum, must possess an intermediate fire service instructor
certification (refer to
§425.5
[
§425.3
] of
this title (relating to Intermediate Fire Service Instructor
Certification
)). A newly appointed training officer must, as a minimum, possess an
intermediate fire service instructor certification within one year from date
of appointment.
(b)
A coordinator
of an on-site training facility
,
as a minimum, must possess an intermediate fire education specialist certification
(refer to
§425.205
[
§425.303
] of this title
(relating to Intermediate Fire Education Specialist Certification)). A newly
appointed coordinator must
,
as a minimum
,
possess an
intermediate fire education specialist certification within one year from
date of appointment.
(c)
All
on-site
instructors, except guest instructors
,
must possess fire instructor certification. The
fire instructor(s)
[
instructor or instructors that will be
] providing instruction
must be
certified in the applicable discipline or be
approved by
the commission to instruct in the applicable
subject
[
curriculum
or subjects
].
(d)
The
on-site
lead instructor, as a minimum, shall
possess an intermediate fire instructor certification
and must be certified
by the commission in the applicable curriculum
. [
The lead instructor
must have completed the course he or she is seeking to instruct or have completed
comparable training in the same subject area.
]
(e)
Guest instructors, including fire protection personnel
utilized on a limited basis, are not required to be certified as instructors.
A guest instructor is defined as an individual with special knowledge, skill,
and expertise in a specific subject area who has the ability to enhance the
effectiveness of the training.
A fire instructor certified in the applicable
discipline or a certified fire instructor approved by the commission to teach
the subject must be in attendance when a guest instructor is teaching.
[
Guest instructors can teach under the endorsement of the instructor
responsible for the subject being taught.
]
(f)
The on-site coordinator or lead instructor
for the fire officer training courses only shall as a minimum, possess an
associate instructor certification and a minimum of a bachelors degree in
management or the equivalent.
§427.19.General Information.
(a)
All Texas certified training facilities shall meet these
minimum requirements. No training credit will be recognized from a Texas training
facility that has not been certified by the commission, unless the program
has been approved by the commission as being equivalent. The commission shall
take action on an application for certification of a training facility within
30
[
90
] days from receipt [
of same
].
(b)
Certified training facilities shall conduct all training
in a controlled and safe manner so that trainees are not subjected to unnecessary
risks. Texas Government Code, §419.032(c) provides that fire protection
personnel must complete a commission approved training course in fire suppression
before being assigned to fire suppression duties. In addition, certified training
facilities, whether operated by a fire department or other governmental or
private training facility, shall not put trainees at risk by requiring or
allowing a trainee to perform the duties of fire protection personnel at actual
uncontrolled emergency situations such as, but not limited to, structure fires,
aircraft fires, wildland fires, hazardous materials incidents or dangerous
rescue situations.
(c)
A certified training facility may transport trainees to
the site of an actual emergency for training purposes only if the following
requirements are strictly adhered to:
(1)
The
[
the
] trainees are kept in a
group under the direct supervision of an ample number of qualified instructors
to maintain accountability and ensure their safety;
(2)
The
[
the
] trainees are kept outside
of the emergency operations area; and
(3)
The
[
the
] trainees' activities are
restricted to observation only and trainees are not allowed to participate
in emergency operations.
(d)
Certified training facilities are subject to inspection
by the commission at any time during regular business hours.
(e)
In order to retain the certification as a certified training
facility, schools desiring to make substantial changes in the facility or
other conditions under which the school was approved shall coordinate such
plans with the commission.
(f)
The commission shall be notified, in writing, within 14
days of any change in the certified training.
(g)
The commission may revoke the certification of a training
facility when [
, in the judgment of
] the commission[
,
]
determines that
the training facility:
(1)
Fails
[
is inadequate and fails
] to
provide the quality of training for which the facility was approved;
(2)
Fails
[
fails
] to comply with commission
rules and/or these minimum standards; or
(3)
Fails
[
fails
] to submit required
reports in a timely manner or submits false reports to the commission.
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 August 15, 2001.
TRD-200104749
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 239-4921
Subchapter B. DISTANCE TRAINING PROVIDER
37 TAC §§427.201, 427.203, 427.205, 427.207, 427.209
The Texas Commission on Fire Protection (TCFP) proposes new
Subchapter B, Distance Training Provider, to be added to the renamed Chapter
427, §§427.201, 427.203, 427.205, 427.207, 427.209, concerning Training
Facility Certification. New §427.201 defines "approved distance training"
and establishes the minimum standards for distance training providers. New §427.203
establishes standards for record keeping. New §427.205 establishes testing
procedures. New §427.207 establishes certification requirements for instructors
and training coordinators. New §427.209 provides general information
regarding class credit, supervision of trainees, and grounds for revocation
of certification.
Jake Soteriou, Fire Service Standards and Certification Division Director,
has determined that for each year of the first five-year period that the rule
change is in effect the fiscal implications to state governments will be an
increase in revenue of approximately $100 per year. This is due to an increase
of 5 new distance training facilities being certified. Local governments that
choose to utilize the distance learning concept will incur an additional cost
of $20 in certification fees and approximately $1,500 in the cost of developing
a distance learning program.
Jake Soteriou, Fire Service Standards and Certification Division Director,
has determined that for the first five-year period that the new rules are
in effect, the public benefit anticipated is greater flexibility for personnel
to obtain certified programs using the internet.
The cost to individuals is anticipated to be approximately $250 per course,
which may be higher than a traditional on-site delivered course. There will
be no impact to small businesses.
Comments on the proposal may be submitted to Jake Soteriou, Fire Service
Standards and Certification Division Director, Texas Commission on Fire Protection,
P.O. Box 2286, Austin, TX 78768- 2286 or submitted by e-mail to
info@tcfp.state.tx.us
.
The new sections are proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.028, which
provides the TCFP with authority to certify an institution or facility operated
specifically for training fire protection personnel recruits.
Texas Government Code, §419.028 is affected by the new sections.
§427.201.Minimum Standards for Distance Training Provider.
(a)
The following definition is applicable to this subchapter
only. Approved distance training is defined as fire training where instructors
and students are in different locations or where content is instructed primarily
using correspondence, video technology, audio technology, or computer-mediated
delivery.
(b)
A distance training provider must seek certification as
a training facility in each discipline it intends to instruct.
(c)
In order to become a commission approved distance training
provider; the provider must submit a completed commission training facility
application with supporting documentation and fee. Such application will include
descriptions and addresses of where the distance training provider will have
their course delivery and materials. A distance training provider must provide
documentation of its ability to meet all minimum requirements for each discipline
for which it seeks certification. The documentation must also identify how
students and instructors will access resources as identified in the curriculum.
(d)
All training must be submitted to the commission for approval
at least 20 days prior to the starting date of the training.
(e)
A distance training provider certified for the first time
by the commission will receive, at no charge, one Commission Certification
Curriculum and Standards Manual on CD to be utilized by the certified distance
training provider's instructors. The distance training provider is responsible
for ensuring that all subjects are taught as required by the curricula. Additional
CD copies may be purchased from the commission or downloaded from the agency
web site. Distance training providers that renew their certification will
receive appropriate updates at no charge.
§427.203.Records.
(a)
Training records shall be maintained by the distance training
provider that reflect:
(1)
Who was trained, subject, instructor, and date of instruction.
(Note: Individual records are required rather than class records); and
(2)
Individual trainee test scores to include performance testing.
(3)
Evidence to substantiate the test scores received by each
trainee to include performance testing. Such records will include materials
(completed tests and/or answer sheets, other documents, video or audio recording,
etc.), and will provide identification of the examinee, identification of
the evaluating field examiner, and the observer as defined in Chapter 439.
(b)
All distance training provider records must be maintained
by the distance training provider for commission review for a minimum of three
years or in accordance with the requirement of the Texas State Library and
Archives Commission, State and Local Records Management Division, whichever
is greater.
(c)
A master copy of tests will be maintained for review by
commission representatives. The certified distance training provider shall
maintain copies of all tests for a minimum of three years.
§427.205.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 in accordance with §427.203
of this subchapter. This will ensure that each trainee has demonstrated an
ability to perform competently and safely, individually or as a member of
a team, all tasks and operations associated with the training.
(c)
Performance testing should be used to the maximum extent
practical. The performance skills contained in the applicable curriculum shall
be used to satisfy performance skill requirements. Each trainee shall be prepared
to demonstrate any performance skill before a commission representative as
may be required in Chapter 439 of this title (relating to Examinations for
Certification).
(d)
Periodic written tests shall be administered at the ratio
of one test per 50 hours of required training, or portion thereof. In addition
to periodic tests, a comprehensive final test must be administered. A passing
score shall be 70%. If a course is taught in phases, one comprehensive final
test shall be administered at the completion of all phases.
(e)
Periodic and final tests shall be in addition to the commission
examination required in Chapter 439 of this title (relating to Examinations
for Certification).
§427.207.Staff.
(a)
A training officer of a distance training program, as a
minimum, must possess an intermediate fire service instructor certification
(refer to §425.5 of this title (relating to Intermediate Fire Service
Instructor)). A newly appointed training officer must, as a minimum, possess
an intermediate instructor certification within one year from date of appointment.
(b)
A coordinator of a distance training program, as a minimum,
must possess an intermediate fire education specialist certification (refer
to §425.205 of this title (relating to Intermediate Fire Education Specialist)).
A newly appointed coordinator must, as a minimum, possess an intermediate
fire education specialist certification within one year from date of appointment.
(c)
All distance instructors, except guest instructors, must
possess fire instructor certification. Associate instructors may instruct
in any curriculum and in any subject area he or she has been approved to instruct.
(d)
The distance lead instructor, as a minimum, shall possess
an intermediate fire instructor certification and be certified by the commission
in the applicable curriculum.
(e)
Guest instructors, including fire protection personnel
used on a limited basis, are not required to be certified as instructors.
A guest instructor is defined as an individual with special knowledge, skill,
and expertise in a specific subject area who has the ability to enhance the
effectiveness of the training. Guest instructors shall teach under the endorsement
of the lead instructor.
(f)
The distance training coordinator or lead instructor for
fire officer training courses only, shall as a minimum, possess an associate
instructor certification and a minimum of a bachelors degree in management
or equivalent.
§427.209.General Information.
(a)
All distance training providers shall meet these minimum
requirements. No training credit will be recognized from a distance training
provider that has not been certified by the commission. The commission shall
take action on an application for certification of a distance training provider
training facility provider within 30 days from receipt.
(b)
Distance training providers conducting on-site programs
shall ensure that all training is conducted in a controlled and safe manner
so that trainees are not subjected to unnecessary risks. In addition, certified
training facilities shall not put trainees at risk by requiring or allowing
a trainee to perform the duties of fire protection personnel at actual uncontrolled
emergency situations such as, but not limited to, structure fires, aircraft
fires, wildland fires, hazardous materials incidents or dangerous rescue situations.
(c)
A distance training provider may transport trainees to
the site of an actual emergency for training purposes only if the following
requirements are strictly adhered to:
(1)
The trainees are kept in a group under the direct supervision
of an ample number of qualified instructors to maintain accountability and
ensure their safety;
(2)
The trainees are kept outside of the emergency operations
area; and
(3)
The trainees' activities are restricted to observation
only and trainees are not allowed to participate in emergency operations.
(d)
Distance training providers are subject to inspection by
the commission at any time during regular business hours. Distance training
providers shall provide the commission with access to monitor the course in
progress.
(e)
The commission shall be notified, in writing, within 14
days of any change from the original status under which certification was
issued.
(f)
The commission may revoke the certification of training
when the commission determines that the distance training provider:
(1)
Fails to provide the quality of training and education
for which the provider was approved;
(2)
Fails to comply with commission rules and/or these minimum
standards; or
(3)
Fails to submit required reports in a timely manner or
submits false reports to the commission.
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 August 15, 2001.
TRD-200104750
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 239-4921