Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.5
The Texas Commission on Fire Protection proposes amendments
to §421.5, concerning definitions. The amendments change the definition
of training officer to specify that the individual must be in charge of a
commission "certified training facility."
Jake Soteriou, Fire Service Standards and Certification Division Director,
has determined that for the first five-year period that the amendments are
in effect there will be no fiscal implications for state and local governments
as a result of enforcing or administering the rule as amended.
Mr. Soteriou has also determined that for each year of the first five years
the rule as amended is in effect, the public benefit anticipated as a result
of enforcing the amended rule will be the proper delivery of commission-approved
curriculum. The training officer will ensure the certified facility will be
compliant with commission standards in content and delivery of programs.
There are no additional costs of compliance for individuals or small and
large businesses required to comply with the amended rule.
The commission has determined that the proposed amendments relating to
Standards for Certification 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 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 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 approve or revoke the approval of
a training facility and to certify or revoke the certification of fire protection
personnel instructors.
Texas Government Code, §419.028 is affected by the proposed amendments.
§421.5. Definitions.
The following words and terms, when used in this part, shall have the
following meanings, unless the context clearly indicates otherwise.
(1)-(31)
No change.
(32)
Training officer--The officer or supervisor, by whatever
title he or she may be called, that is in charge of a commission
certified
[
(33)
Volunteer fire protection personnel--Any person who has
met the requirements for membership in a volunteer fire service organization,
who is assigned duties in one of the following categories: fire suppression,
fire inspection, fire and arson investigation, marine fire fighting, aircraft
rescue fire fighting, fire training, fire education, fire administration and
others in related positions necessarily or customarily appertaining thereto.
(34)
Years of experience--For purposes of higher levels of
certification or fire service instructor certification as provided for in
Chapter 425, Subchapter A of this title (relating to Fire Service Instructor
Certification):
(A)
Except as provided in subparagraph (B) of this paragraph,
years of experience is defined as full years of full-time, part- time or volunteer
fire service while holding:
(i)
a Texas Commission on Fire Protection certification as
a full- time, or part-time employee of a government entity, a member in a
volunteer fire service organization, and/or an employee of a regulated non-governmental
fire department; or
(ii)
a State Firemen's and Fire Marshals' Association advanced
fire fighter certification and have completed as a minimum requirements for
a Texas Department of Health Emergency Care Attendant (ECA) certification,
or its equivalent; or
(iii)
an equivalent certification as a full-time fire protection
personnel of a governmental entity from another jurisdiction, including the
military, and have completed as a minimum requirements for a Texas Department
of Health Emergency Care Attendant (ECA) certification, or its equivalent;
or
(iv)
for fire service instructor certification only, a State
Firemen's and Fire Marshals' Association Level II Instructor Certification.
(B)
For fire service personnel certified as required in subparagraph
(A) of this paragraph on or before October 31, 1998, years of experience includes
the time from the date of employment or membership to date of certification
not to exceed one year.
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 13, 2001.
TRD-200100892
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 239-4921
approved
] training
facility
[
program
].
Chapter 441.
CONTINUING EDUCATION