Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 401.
PRACTICE AND PROCEDURE
The Texas Commission on Fire Protection adopts the repeal of Chapter
401 concerning practices and procedures for contested cases and rule making
proceedings without changes to the text published in the October 27, 2000,
issue of the
Texas Register
(25 TexReg 10682).
The repealed sections include Subchapter A, §§401.1, 401.3, 401.5,
401.7, 401.9, 401.11, 401.13, and 401.15 concerning general provisions and
definitions; repealed Subchapter B, §401.17 and §401.19 concerning
rule-making proceedings; repealed Subchapter C, §§401.21, 401.23,
401.25, 401.27, and 401.29 concerning parties; repealed Subchapter D, §§401.31,
401.33, 401.35, 401.37, and 401.39 concerning discovery; repealed Subchapter
E, §§401.41, 401.43, 401.45, 401.47, and 401.49 concerning prehearing
proceedings; repealed Subchapter F, §§401.51, 401.53, 401.55, 401.57,
401.59, 401.61, 401.63, 401.65, 401.67, 401.69, 401.71, 401.73, 401.75, 401.77,
401.79, 401.81, 401.83, 401.85, 401.87, 401.89, 401.91, 401.93, 401.95, and
401.97 concerning contested cases; repealed Subchapter G, §§401.101,
401.103, and 401.105 concerning conduct and decorum, sanctions, and administrative
penalties; repealed Subchapter H, §§401.111, 401.113, 401.115, 401.117,
and 401.119 concerning reinstatement; and repealed Subchapter I, §§401.121,
401.123, 401.125, and 401.127 concerning notice and processing periods for
certificate applications.
The justification for this repeal is to eliminate references to cases involving
the State Fire Marshal, which was previously transferred by the 75th Legislature
to the Texas Department of Insurance, and to eliminate rules made obsolete
by the adoption of procedure rules by the State Office of Administrative Hearings.
The repealed sections will be replaced by proposed new sections dealing
with the same subject matter.
There were no comments received on the proposed repeal.
Subchapter A. GENERAL PROVISIONS AND DEFINITIONS
37 TAC §§401.1, 401.3, 401.5, 401.7, 401.9, 401.11, 401.13, 401.15
The repeal is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200100988
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §401.17, §401.19
The repeal is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100989
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.21, 401.23, 401.25, 401.27, 401.29
The repeal is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100990
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.31, 401.33, 401.35, 401.37, 401.39
The repeal is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100991
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.41, 401.43, 401.45, 401.47, 401.49
The repeal is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100992
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.51, 401.53, 401.55, 401.57, 401.59, 401.61, 401.63, 401.65, 401.67, 401.69, 401.71, 401.73, 401.75, 401.77, 401.79, 401.81, 401.83, 401.85, 401.87, 401.89, 401.91, 401.93, 401.95, 401.97
The repeal is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100993
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.101, 401.103, 401.105
The repeal is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100994
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.111, 401.113, 401.115, 401.117, 401.119
The repeal is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100995
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.121, 401.123, 401.125, 401.127
The repeal is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100996
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection adopts new Chapter 401; concerning
practices and procedures for contested cases and rule making proceedings without
changes to the text published in the October 27, 2000, issue of the
The justification for the new chapter is to provide a system of procedures
for practice before the commission to govern the initiation, conduct, and
determination of proceedings required or permitted by law in matters regulated
by the commission and promote public participation in the decision-making
process. The new rules eliminate references to cases involving the State Fire
Marshal, which was previously transferred by the 75th Legislature to the Texas
Department of Insurance, and eliminate rules made obsolete by the adoption
of procedure rules by the State Office of Administrative Hearings.
The new chapter replaces repealed sections dealing with the same subject
matter.
There were no comments received on the proposed new chapter.
Subchapter A. GENERAL PROVISIONS AND DEFINITIONS
37 TAC §§401.1, 401.3, 401.5, 401.7, 401.9, 401.11, 401.13, 401.15
The new sections are adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200100997
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §401.17, §401.19
The new sections are adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100998
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §401.21, §401.23
The new sections are adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200100999
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §401.31
The new section is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200101000
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.41, 401.43, 401.45, 401.47, 401.49
The new sections are adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200101001
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.51, 401.53, 401.55, 401.57, 401.59, 401.61, 401.63, 401.65, 401.67
The new sections are adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200101002
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.101, 401.103, 401.105
The new sections are adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200101003
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.111, 401.113, 401.115, 401.117, 401.119
The new sections are adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200101004
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§401.121, 401.123, 401.125, 401.127
The new chapter is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §2001.004, which
requires a state agency to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 16, 2001.
TRD-200101005
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§403.1, 403.3, 403.9, 403.11
The Texas Commission on Fire Protection adopts amendments
to §§403.1, 403.3, 403.9, and 403.11, concerning criminal convictions
and eligibility for certification without changes to the text published in
the October 27, 2000, issue of the
Texas Register
(25 TexReg 10697).
The justification for this section is that broadening criminal history
checks to include deferred adjudication of crimes involving damage to property
or crimes against the person, where the defendant has admitted to the conduct,
will enable the commission to refuse to certify a person who has admitted
guilt in a deferred adjudication for conduct involving a property crime or
an assault involving the use of fire or explosion.
The amended sections will correct a statutory reference for source law,
identify conduct that directly relates to fitness to serve as fire protection
personnel, and add police or offense reports to information required to be
furnished by an applicant. The situations for which an informal staff conference
may be requested will be expanded.
One comment was received from a representative of the Cisco Fire Department.
The commentator suggests that volunteer fire fighters should be screened
in the same manner as paid firefighters and that it be mandatory for a department
regulated by the commission to screen applicants on a local level first. The
commission agrees with the commentator in part and has included language in §403.1(b)
which references that both fire protection personnel and volunteer fire fighters
often have access to areas not generally open to the public. However, the
commission has no jurisdiction over volunteers, and mandating local jurisdictions
to perform criminal history checks would generate costs which could create
a financial hardship for some departments. Therefore, the commission is not
changing the text of the adopted amendments to Chapter 403 at this time.
The amendments are adopted under Texas Government Code,§419.008
and §419.032 which provide the commission with authority to adopt rules
for the administration of its powers and duties and to establish qualifications
relating to the competence and reliability of persons to assume and discharge
the responsibilities of fire protection personnel, respectively. The Texas
Occupations Code provides the commission with authority to establish procedures
for suspensions, revocation, or denial of a certificate to persons with criminal
backgrounds.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101006
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §407.3
The Texas Commission on Fire Protection adopts new §407.3,
concerning Historically Underutilized Businesses without changes to the text
published in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10698).
The commission will be in compliance with Texas Government Code, §2161.003,
which required adoption of this rule.
The new section adopts by reference the rules of the Texas General Services
commission pertaining to the purchase of products and use of services provided
by historically underutilized businesses.
There were no comments received on the proposed new section.
The new section is adopted under Texas Government Code, §2161.003,
which requires state agencies to adopt rule consistent with rules adopted
by the General Services Commission relating to historically underutilized
business programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101007
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §421.13
The Texas Commission on Fire Protection adopts an amendment
to §421.13, concerning individual certificate holders without changes
to the text published in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10699).
The justification for this amendment will be a more accurate database and
enhanced ability to notify individual certificate holders of certification
status and renewal requirements.
The amendment adds a requirement that the individual certificate holder
notify the commission of a change of address within 14 calendar days.
There were no comments received on the proposed amendment.
The amendment is adopted 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, §419.0341, which
requires the commission to send written notification of impending certificate
expiration to individual certificate holders.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101008
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
37 TAC §423.13
The Texas Commission on Fire Protection adopts an amendment
to §423.13, concerning International Fire Service Accreditation Congress
(IFSAC) certification without changes to the text published in the October
27, 2000, issue of the
Texas Register
(25
TexReg 10699).
The justification for this section is that individuals can obtain IFSAC
certification using the American Red Cross Emergency Response course in lieu
of the requirements for emergency medical training applicable to persons certified
in Texas as basic structural fire protection personnel.
The amendment to §423.13 adds language to allow persons to utilize
American Red Cross Emergency Response training in lieu of the Emergency Care
Attendant certification in order to obtain IFSAC certification for Fire Fighter
I and Fire Fighter II designations.
One comment from an individual was received on the proposed amendment.
The commentator suggests that classification as Fire Fighter I should require
a level of training comparable to EMT-Basic training as a minimum standard.
The commission disagrees with the commentator in part because the agency only
sets minimum standards as recommended by the National Fire Protection Association
(NFPA). The NFPA recommends at a minimum the following performance requirements:
infection control, CPR, bleeding control, and shock management. NFPA recommends
following programs such as Department of Transportation First Responder or
American Red Cross curricula. The commission is ensuring its program is compliant
with the minimum NFPA standard. The authority having jurisdiction can develop
and validate its own program as long as the minimum criteria are met. Some
jurisdictions do require personnel to be Emergency Medical Technician-Basic
or even Paramedic-Basic as a minimum.
The amendment is adopted 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, §419.022, which
provides the commission with authority to establish minimum training standards
for fire protection personnel positions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101009
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §427.1
The Texas Commission on Fire Protection adopts an amendment
to §427.1, concerning minimum standards for certified training facilities
for fire protection personnel without changes to the text published in the
October 27, 2000, issue of the
Texas Register
(25 TexReg 10700).
The justification for this section is that certification of training facilities
ensures that training of fire protection personnel in advanced and specialized
areas meets minimum standards.
The amendment to §427.1 provides new language that requires that a
training facility receive certification by the commission in each discipline
with a commission approved curriculum for which the facility provides accredited
training for basic certification. The language referring to "commission approved
curriculum" makes listing each discipline unnecessary.
There were no comments received on the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §419.028, which
provides the commission with authority to certify an institution or facility
operated specifically for training fire protection personnel recruits.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101010
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
37 TAC §431.3
The Texas Commission on Fire Protection adopts an amendment
to §431.3, concerning minimum standards for basic arson investigator
certification without changes to the text published in the October 27, 2000,
issue of the
Texas Register
(25 TexReg 10701).
The justification for this section is that the training hour requirements
for arson investigator certification through National Fire Academy (NFA) courses
will be the same as that required for commission approved basic fire investigator
curriculum. The parity in hours will ensure that persons who complete the
NFA training route are adequately prepared for the basic examination for arson
investigator certification.
The amendment to §431.3 provides that individuals seeking to use NFA
courses to qualify for the basic arson investigator certification examination,
must successfully complete a minimum of 122 hours of instruction from NFA's
basic course, Fire Arson Investigation, together with other specified NFA
courses such as Arson Detection, Fire Cause Determination for Company Officers,
Initial Fire Investigation, or Management of Arson Prevention and Control.
Deletion of the reference to "resident" clarifies that the course may be delivered
off-campus.
There were no comments received on the proposed amendment.
The amendment is 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, §419.022, which
provides the commission with authority to establish minimum training standards
for fire protection personnel in advanced or specialized fire protection personnel
positions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101011
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §435.1
The Texas Commission on Fire Protection adopts an amendment
to §435.1, concerning protective clothing with changes to the text published
in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10702).
The justification for this section is that §435.1 addresses the recall
by the manufacturer of a product used as a moisture barrier in some protective
clothing used by fire protection personnel so they will not be subject to
undue risks from blood borne pathogens, chemicals, and steam burns. Field
testing by commission inspection personnel indicates an extremely high failure
rate of the moisture barriers containing the defective product.
This amendment requires monthly testing of equipment using the identified
product and removal from service of all protective clothing containing the
defective product no later than January 1, 2002. The protective clothing may
be returned to service only when the moisture barrier has been replaced with
a component that complies with current National Fire Protection Association
standards.
There was one comment received from a representative of the Euless Fire
Department regarding the proposed amendment.
The commentator suggests that the proposed amendment needs clarification,
and the commission agrees in part with the commentator. While the commission
feels the rule very clearly references a single moisture barrier product in §435.1(2)(C),
"BREATHE-TEXr," the commission recognizes that the subsequent capitalization
of the term "Moisture Barrier" in §§435.1(2)(C)(i) and (2)(C)(iii)
may cause confusion regarding the name of the product. To help prevent the
confusion of "BREATHE-TEXr" with similarly-named moisture barrier products,
i.e. "BREATHE-TEXT Plus," the commission corrects the typographical error
of changing "Moisture Barrier" and "Moisture Barriers" to lower case in §§435.1(2)(C)(i)
and (2)(C)(iii), respectively. The rule is applicable to all protective clothing
used by the fire department, and the commission wants to ensure that the replacement
process is done in a timely and efficient manner.
The amendment is adopted under Texas Government Code, §419.008,
which provides the commission with authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.042, which provides
the commission with authority to adopt minimum standards for protective clothing
for fire protection personnel; and Texas Government Code §419.040 which
provides the commission with authority to order the discontinued use of protective
clothing if it determines that the continued use constitutes an undue risk
to the wearer.
§435.1.Protective Clothing.
A regulated fire department shall:
(1)
purchase, provide, and maintain a complete set of protective
clothing for all fire protection personnel who would be exposed to hazardous
conditions from fire or other emergencies or wher the potential for such exposure
exists or provide an adequate clothing allowance and require the fire protection
personnel to purchase and maintain a complete set of protective clothing.
A complete set of protective clothiing shall consist of garments including
bunker coats, bunker pants, boots, gloves, helmets, and protective hoods,
worn by fire protection personnel in the course of performing fire-fighting
operations;
(2)
ensure that all protective clothing which are used by fire
protection personnel assigned to fire suppression duties comply with the minimum
standards of the National Fire Protection Association:
(A)
the National Fire Protection Association standard applicable
to protective clothing is the standard in effect at the time the entity contracts
for new, rebuilt, or used protective clothing;
(B)
an entity may continue to use protective clothing in use
or contracted for before a change in the National Fire Protection Association
standard, unless the commission determines that the protective clothing constitutes
an undue risk to the wearer, in which case the commission shall order that
the use be discontinued and shall set an appropriate date for compliance with
the revised standard;
(C)
it has been demonstrated that the product identified as
BREATHE-TEXr, manufactured by Aldan Engineered Coated Fabrics, used as a moisture
barrier in some protective clothing, may fail unpredictably and allow moisture
to pass through the barrier. This product is the subject of recalls by some
manufacturers. Pursuant to the Government Code, §419.040(b), the commission
has determined that continued use of protective clothing having the moisture
barrier identified above constitutes an undue risk to the wearer. Therefore,
all regulated fire departments shall:
(i)
immediately inspect all protective clothing and identify
any protective clothing containing a BREATHE-TEXr moisture barrier;
(ii)
immediately and each thirty days thereafter, test all
BREATHE-TEXr moisture barriers found and remove from service any protective
clothing with a moisture barrier that allows moisture to pass through the
barrier. The protective clothing shall only be returned to service when the
moisture barrier has been replaced with a moisture barrier which complies
with the current applicable NFPA standard;
(iii)
no later than January 1, 2002, remove from service all
protective clothing containing BREATHE-TEXr moisture barriers without regard
to whether or not the moisture barrier has failed.
(iv)
maintain records for at least five years, which document
compliance with this section.
(3)
maintain and provide upon request by the commission, a
departmental standard operating procedure regarding the use, care and maintenance
of protective clothing.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101012
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §§437.3, 437.5, 437.7, 437.19
The Texas Commission on Fire Protection adopts amendments
to §437.3, concerning certification fees; §437.5, concerning renewal
fees; new §437.7, concerning fees for standards and curriculum manuals;
and new §437.19 concerning late filing penalty without changes to the
text published in the October 27, 2000, issue of the
Texas Register
(25 TexReg 1073).
The justification for this section is that adjusting the expiration dates
for certified training facilities and individual certificate holders will
distribute workload related to renewals more evenly through the year and provide
for administrative efficiency. In addition, providing the standards manual
and curriculum manual on one compact disk lowers the cost to the public and
the agency. Also, assessing a late filing penalty will encourage compliance
with reporting requirements of regulated employing entities and improve administrative
efficiency in the certification renewal process.
The amendments to §437.3 and §437.5 provide for different expiration
dates for certificates so that the certificate expiration date for employees
of regulated employing entities will remain October 31 of each year, the certificate
expiration date for individual certificate holders not employed by regulated
employing entities will be April 30 of each year, and the certificate expiration
date for certified training facilities will be January 31 of each year. New §437.7
establishes a $25 fee for the commission's Standards Manual for Fire Protection
Personnel and Certification Curriculum Manual to be published jointly on a
single compact disk. New §437.19 provides for a $25 late filing penalty
for regulated entities that fail to report employment, termination, and change
of discipline for fire protection personnel.
There were no comments received on the proposed amendments.
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; Texas Government Code, §419.025, which provides
the commission with authority to set and collect a fee for a manual that states
rules and standards for fire protection personnel; Texas Government Code, §419.026,
which provides the commission with authority to set and collect a fee for
each certificate it issues or renews; and Texas Government Code, §419.033,
which provides the commission with authority to adopt a system by which certificates
expire on various dates during the year and to prorate fees on a monthly basis
in the year the expiration date is changed; and Texas Government Code, §4129.906,
which provides the commission with authority to impose penalties for violation
of rules adopted by the commission.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101014
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
37 TAC §437.7, §437.9
The Texas Commission on Fire Protection adopts the repeal
of §437.7 concerning fees for standards manuals and §437.9 concerning
fees for certification curriculum manuals without changes to the text published
in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10705). The repealed sections are replaced by new §437.7,
which combines the manual fees for the commission's Standards Manual for Fire
Protection Personnel and the Certification Curriculum Manual. The manuals
are published by the commission on a single compact disk.
The justification for this section is that providing the standards manual
and curriculum manual on one compact disk lowers the cost to the public and
the agency.
The publishing of the combined manual on compact disk with no printed copies
sent to the state libraries will save the agency printing costs of approximately
$15,000 per year. Local governments that purchase both manuals will experience
a reduction in cost of $30. The manuals are also available on the agency's
web site free of charge.
There were no comments received on the proposed repeal.
The repeal is 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, §419.025, which provides
the commission with authority to set and collect a fee for a manual that states
rules and standards for fire protection personnel.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101013
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 8, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 239-4921
Subchapter B. RULEMAKING PROCEEDINGS
Subchapter C. PARTIES
Subchapter D. DISCOVERY
Subchapter E. PREHEARING PROCEEDINGS
Subchapter F. CONTESTED CASES
Subchapter G. CONDUCT AND DECORUM, SANCTIONS, AND PENALTIES
Subchapter H. REINSTATEMENT
Subchapter I. NOTICE AND PROCESSING PERIODS FOR CERTIFICATE APPLICATIONS
Chapter 401.
PRACTICE AND PROCEDURE
Subchapter B. RULEMAKING PROCEEDINGS
Subchapter C. PARTIES
Subchapter D. DISCIPLINARY PROCEEDINGS
Subchapter E. PREHEARING PROCEEDINGS
Subchapter F. CONTESTED CASES
Subchapter G. CONDUCT AND DECORUM, SANCTIONS, AND PENALTIES
Subchapter H. REINSTATEMENT
Subchapter I. NOTICE AND PROCESSING PERIODS FOR CERTIFICATE APPLICATIONS
Chapter 403.
CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION
Chapter 407.
ADMINISTRATION
Chapter 421.
STANDARDS FOR CERTIFICATION
Chapter 423.
FIRE SUPPRESSION
Chapter 427.
CERTIFIED TRAINING FACILITIES
Chapter 431.
FIRE INVESTIGATION
Chapter 435.
FIRE FIGHTER SAFETY
Chapter 437.
FEES
Chapter 441.
CONTINUING EDUCATION