Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 431.
FIRE INVESTIGATION
Subchapter B. MINIMUM STANDARDS FOR FIRE INVESTIGATOR CERTIFICATION
37 TAC §431.201
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §431.201, concerning minimum standards for fire investigation personnel.
The amendments establish minimum certification requirements for persons who
are employed as full- time fire investigators. This is a change from TCFP
certifications for fire investigators being voluntary.
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 there will be minimal fiscal implications for state and
local governments. The Commission will incur additional costs for staff time
and travel expenses of approximately $40 per person who seeks examination
and certification under the amended section. The increased costs will be offset
by a corresponding increase in revenue generated from fees for examinations
and certifications. Local governments that choose to pay the examination and
certification costs for employees will incur additional costs of $40 per employee.
Mr. Soteriou has also determined that for the first five-year period that
the rule change is in effect, the public benefit anticipated is enhanced job
performance by having qualified fire investigators. There is no anticipated
cost to small businesses. The anticipated cost to individuals, as applicants
for fire investigator certification, are any fees for training courses, testing,
and certification that are not paid by their employer.
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, Texas 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; Texas Government Code, §419.022, which provides
the TCFP with the authority to establish minimum training standards for admission
to employment as fire protection personnel; and Texas Government Code, §419.032,
which provides the TCFP with authority to adopt rules to establish qualifications
for fire protection personnel.
Texas Government Code, §419.022 is affected by the proposed rule amendments.
§431.201.Minimum Standards for Fire Investigation Personnel.
(a)
All full-time personnel employed by any local government
entity in Texas who are assigned fire investigation duties must be as a minimum,
certified as a structure fire protection personnel or fire investigator by
the commission.
[
(b)
Prior to being assigned to fire investigation duties
as a full-time employee, all personnel who are not certified as structure
fire protection personnel must complete a commission approved basic fire investigator
training program and successfully pass the commission examination pertaining
to that curriculum.
[
(c)
All individuals holding a Fire Investigator certification
shall be required to comply with the continuing education requirements in §441.15
of this title (relating to Continuing Education Requirements for Arson Investigator
or Fire Investigator).
[
(d)
An individual certified under this subchapter
shall limit his or her investigation to determining fire cause and origin.
If evidence of a crime is discovered, the investigator shall immediately transfer
custody and control of the investigation to a certified arson investigator
or licensed peace officer.
(e)
A person who previously held an arson
investigator certification who no longer holds a current commission as a peace
officer may apply for certification as a fire investigator in accordance with
this subchapter.
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 July 6, 2001.
TRD-200103877
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 239-4921
37 TAC §433.1, §433.3
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §433.1 and §433.3, concerning minimum standards for driver/operator-pumper.
The amendments remove references to the effective dates of the sections and
remove language which provided a one-year window of opportunity from the sections'
effective dates for individuals with previous training to challenge the certification
examination.
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 there will be no fiscal implications for state and local
governments.
Mr. Soteriou has also determined that for the first five-year period that
the rule change is in effect, the public benefit anticipated is enhanced job
performance by qualified driver/operator-pumpers. There is no anticipated
cost to small businesses. The anticipated cost to individuals, as applicants
for driver/operator-pumper certification, are any fees for training courses
that are not paid by their employer.
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, and Austin, Texas 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; Texas Government Code, §419.022, which provides
the TCFP with the authority to establish minimum training standards for admission
to employment as fire protection personnel; and Texas Government Code, §419.032,
which provides the TCFP with authority to adopt rules to establish qualifications
for fire protection personnel.
Texas Government Code, §419.022 is affected by the proposed rule amendments.
§433.1.Driver/Operator - Pumper Certification.
[(a)
The effective date of this section shall
be January 1, 2000.]
[
[(c)
Within one year of the effective date
of this section, an individual may apply for certification as a Driver/Operator
- Pumper and is eligible to take the commission examination for driver/operator
- pumper, upon documentation to the Commission that the individual has completed
the minimum requirements of the National Fire Protection Association Standard
1002 (1998 edition, or earlier).]
§433.3.Minimum Standards for Driver/Operator - Pumper Certification.
(a)
[
(b)
In order to obtain Driver/Operator - Pumper certification
the individual must:
(1)
hold certification as Structural Fire Protection Personnel,
Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel;
(2)
complete a commission approved Driver/Operator - Pumper
Curriculum and successfully pass the commission examination as specified in
Chapter 439 of this title (relating to Examinations for Certification). An
approved driver/operator - pumper program must consist of one of the following:
(A)
complete a commission approved Driver/Operator - Pumper
Curriculum of at least 40 hours as specified in Chapter 7 of the Commission's
document titled "Commission Certification Curriculum Manual," as approved
by the Commission in accordance with Chapter 443 of this title (relating to
Certification Curriculum Manual).
(B)
complete an out-of-state training program that has been
submitted to the commission for evaluation and found to be equivalent to or
exceed the commission approved Driver/Operator - Pumper Curriculum.
(C)
complete a military training program that has been submitted
to the commission for evaluation and found to be equivalent to or exceeds
the commission approved Driver/Operator - Pumper Curriculum.
(c)
Out-of-state or military training programs which are submitted
to the commission for the purpose of determining equivalency will be considered
equivalent if all competencies set forth in Chapter 7 (pertaining to Driver/Operator
- Pumper) of the "Commission Certification Curriculum Manual" are met.
(d)
The commission approved Driver/Operator - Pumper Curriculum
must be conducted by a training facility that has been certified by the commission
as provided in Chapter 427 of this title (relating to Certified Training Facilities).
(e)
An individual from another jurisdiction who possesses valid
documentation of accreditation from the International Fire Service Accreditation
Congress as Driver/Operator - Pumper shall be eligible to take the commission
written examination for driver/operator - pumper.
(f)
No individual will be permitted to take the commission
examination for driver/operator - pumper unless the individual documents,
as a minimum, completion of NFPA 1001 Fire Fighter I training.
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 July 6, 2001.
TRD-200103878
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I
All individuals holding a Fire Investigator certification
shall be required to comply with the continuing education requirements in §441.15
of this title (relating to Continuing Education Requirements for Arson Investigator
or Fire Investigator.
]
An individual certified under this subchapter
shall limit his or her investigation to determining fire cause and origin.
If evidence of criminal conduct in violation of the Penal Code, Chapter 28
(Arson, Criminal Mischief, and other Property Damage or Destruction) is discovered,
the investigator shall immediately transfer custody and control of the investigation
to a certified arson investigator or licensed peace officer.
]
A person who previously held an arson investigator
certification who no longer holds a current commission as a peace officer
may apply for certification as a fire investigator in accordance with this
subchapter.
]
Chapter 433.
MINIMUM STANDARDS FOR DRIVER/OPERATOR - PUMPER
(b)
]
A driver/operator - pumper is defined as an
individual who safely operates a fire pumper in accordance with all state
and local laws; operates a fire pump in a safe manner; and determines effective
fire stream calculations and pump discharge pressures. Responsibilities include
routine apparatus tests, maintenance, inspections, and servicing functions.
The effective date of this section shall be January
1, 2000.
] Training programs that are intended to satisfy the requirements
of this section[
, started on or after the effective date of this section,
] must meet the curriculum, competencies, and hour requirements of this
section. All applicants for certification must meet the examination requirements
of this section.
Chapter 451.
FIRE OFFICER