TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 13. TEXAS COMMISSION ON FIRE PROTECTION

Chapter 423. FIRE SUPPRESSION

Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION

37 TAC §423.5, §423.7

The Texas Commission on Fire Protection (TCFP) proposes changes to §423.5 and §423.7 concerning minimum standards for intermediate and advanced structure fire protection personnel certifications. Proposed changes to §423.5 and §423.7 add course options for applicants to meet the certification requirements.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five- year period the rule actions are in effect there will be no fiscal implications for state or local governments.

Mr. Soteriou has also determined that for each of the first five years the proposed changes are in effect the public benefit anticipated as a result of enforcing the rule actions will be an increase in the number of structure fire protection personnel who are eligible to apply for higher level certifications.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the proposed changes.

Comments on the proposals may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

The changes 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, §419.022, which provides the TCFP with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions.

Texas Government Code, §419.022, is affected by the proposed changes.

§423.5.Minimum Standards for Intermediate Structure Fire Protection Personnel Certification.

(a) Applicants for Intermediate Structure Fire Protection Personnel Certification must complete the following requirements:

(1) hold as a prerequisite a Basic Structure Fire Protection Personnel Certification as defined in §423.3 of this title (relating to Minimum Standards for Basic Structure Fire Protection Personnel Certification);

(2) acquire a minimum of four years of fire protection experience and complete the courses listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the Commission that the courses comply with subsections (c) and (d) of this section; or

(B) Option 2--Complete a minimum of 96 hours of instruction in any National Fire Academy courses; or

(C) Option 3--Successfully complete three semester hours of college courses listed in Option 1 and a minimum of 48 hours in any National Fire Academy courses.

(D) Option 4--Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the commission curricula. Evidence of completion of the appropriate courses shall be a certification from the commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 4 may not be combined with any of the above options to obtain this certification. See exception outlined in subsection (d) of this section.

(b)-(d) (No change.)

§423.7.Minimum Standards for Advanced Structure Fire Protection Personnel Certification.

(a) Applicants for Advanced Structure Fire Protection Personnel certification must complete the following requirements:

(1) hold as a prerequisite an Intermediate Structure Fire Protection Personnel Certification as defined in §423.5 of this title (relating to Minimum Standards for Intermediate Structure Fire Protection Personnel Certification);

(2) acquire a minimum of eight years of fire protection experience and complete the courses listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the Commission that the courses comply with subsection (c) and (d) of this section; or

(B) Option 2--Complete a minimum of 96 hours of instruction in any National Fire Academy courses; or

(C) Option 3--Successfully complete three semester hours of college courses listed in Option 1 and a minimum of 48 hours in any National Fire Academy courses.

(D) Option 4--Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the commission curricula. Evidence of completion of the appropriate courses shall be a certification from the commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 4 may not be combined with any of the above options to obtain this certification. See exception outlined in subsection (d) of this section.

(b)-(d) (No change.)

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 April 17, 2002.

TRD-200202376

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL

37 TAC §423.205, §423.207

The Texas Commission on Fire Protection (TCFP) proposes changes to §423.205 and §423.207 concerning minimum standards for intermediate and advanced aircraft rescue fire fighting personnel certifications. Proposed changes to §423.205 and §423.207 add course options for applicants to meet the certification requirements and update the term "Aircraft Fire Protection Personnel" to "Aircraft Rescue Fire Fighting Personnel."

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five- year period the rule actions are in effect there will be no fiscal implications for state or local governments.

Mr. Soteriou has also determined that for each of the first five years the proposed changes are in effect the public benefit anticipated as a result of enforcing the rule actions will be an increase in the number of aircraft fire fighting personnel who are eligible to apply for higher level certifications.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the proposed changes.

Comments on the proposals may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

The changes 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, §419.022, which provides the TCFP with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions.

Texas Government Code, §419.022, is affected by the proposed changes.

§423.205.Minimum Standards for Intermediate Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification.

(a) Applicants for Intermediate Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification must complete the following requirements:

(1) hold as a prerequisite a Basic Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification as defined in §423.203 of this title (relating to Minimum Standards for Basic Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification);

(2) acquire a minimum of four years of fire protection experience and complete the courses listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the Commission that the courses comply with subsections (c) and (d) of this section; or

(B) Option 2--Complete a minimum of 96 hours of instruction in any National Fire Academy courses; or

(C) Option 3--Successfully complete three semester hours of college courses listed in Option 1 and a minimum of 48 hours in any National Fire Academy courses.

(D) Option 4--Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the commission curricula. Evidence of completion of the appropriate courses shall be a certification from the commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 4 may not be combined with any of the above options to obtain this certification. See exception outlined in subsection (d) of this section.

(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Intermediate Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification.

(c) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's document titled "Commission Certification Curriculum Manual" or for experience in the fire service, may not be counted toward higher levels of certification.

(d) The training required in this section must be in addition to any training used to qualify for any lower level of Aircraft Rescue Fire Fighting [ Personnel ] Certification. Repeating a course or course of similar content cannot be used towards higher levels of certification.

§423.207.Minimum Standards for Advanced Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification.

(a) Applicants for Advanced Aircraft Rescue Fire Fighting [ Protection ] Personnel certification must complete the following requirements:

(1) hold as a prerequisite an Intermediate Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification as defined in §423.205 of this title (relating to Minimum Standards for Intermediate [ Advanced ] Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification);

(2) acquire a minimum of eight years of fire protection experience and complete the courses listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the Commission that the courses comply with subsections (c) and (d) of this section; or

(B) Option 2--Complete a minimum of 96 hours of instruction in any National Fire Academy courses; or

(C) Option 3--Successfully complete three semester hours of college courses listed in Option 1 and a minimum of 48 hours in any National Fire Academy courses.

(D) Option 4--Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the commission curricula. Evidence of completion of the appropriate courses shall be a certification from the commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 4 may not be combined with any of the above options to obtain this certification. See exception outlined in subsection (d) of this section.

(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Advanced Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification.

(c) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's document titled "Commission Certification Curriculum Manual" or for experience in the fire service, may not be counted toward higher levels of certification.

(d) The training required in this section must be in addition to any training used to qualify for any lower level of Aircraft Rescue Fire Fighting [ Protection ] Personnel Certification. Repeating a course or course of similar content cannot be used towards higher levels of certification.

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 April 17, 2002, 2002.

TRD-200202377

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Subchapter C. MINIMUM STANDARDS FOR MARINE FIRE PROTECTION PERSONNEL

37 TAC §423.305, §423.307

The Texas Commission on Fire Protection (TCFP) proposes changes to §423.305 and §423.307 concerning minimum standards for intermediate and advanced marine fire protection personnel certifications. Proposed changes to §423.305 and §423.307 add course options for applicants to meet the certification requirements.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five- year period the rule actions are in effect there will be no fiscal implications for state or local governments.

Mr. Soteriou has also determined that for each of the first five years the proposed changes are in effect the public benefit anticipated as a result of enforcing the rule actions will be an increase in the number of marine fire protection personnel who are eligible to apply for higher level certifications.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the proposed changes.

Comments on the proposals may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

The changes 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, §419.022, which provides the TCFP with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions.

Texas Government Code, §419.022, is affected by the proposed changes.

§423.305.Minimum Standards For Intermediate Marine Fire Protection Personnel Certification.

(a) Applicants for Intermediate Marine Fire Protection Personnel Certification must complete the following requirements:

(1) hold as a prerequisite a Basic Marine Fire Protection Personnel Certification as defined in §423.303 of this title (relating to Minimum Standards for Basic Marine Fire Protection Personnel Certification).

(2) acquire a minimum of four years of fire protection experience and complete the courses listed in one of the following options:

(A) Option #1 - Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the Commission that the courses comply with subsection (c) and (d) of this section; or

(B) Option #2 - Complete a minimum of 96 hours of instruction in any National Fire Academy courses; or

(C) Option #3 - Successfully complete three semester hours of college courses listed in Option #1 and a minimum of 48 hours in any National Fire Academy courses.

(D) Option #4 - Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the commission curricula. Evidence of completion of the appropriate courses shall be a certification from the commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 4 may not be combined with any of the above options to obtain this certification. See exception outlined in subsection (d) of this section.

(b)-(d) (No change.)

§423.307.Minimum Standards For Advanced Marine Fire Protection Personnel Certification.

(a) Applicants for Advanced Marine Fire Protection Personnel certification must complete the following requirements:

(1) hold as a prerequisite an Intermediate Marine Fire Protection Personnel Certification as defined in §423.305 of this title (relating to Minimum Standards for Intermediate Marine Fire Protection Personnel Certification).

(2) acquire a minimum of eight years of fire protection experience and complete the courses listed in one of the following options:

(A) Option #1 - Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the Commission that the courses comply with subsections (c) and (d) of this section; or

(B) Option #2 - Complete a minimum of 96 hours of instruction in any National Fire Academy courses; or

(C) Option #3 - Successfully complete three semester hours of college courses listed in Option #1 and a minimum of 48 hours in any National Fire Academy courses.

(D) Option #4 - Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the commission curricula. Evidence of completion of the appropriate courses shall be a certification from the commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 4 may not be combined with any of the above options to obtain this certification. See exception outlined in subsection (d) of this section.

(b)-(d) (No change.)

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 April 17, 2002.

TRD-200202381

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Chapter 431. FIRE INVESTIGATION

Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION

37 TAC §§431.3, 431.5, 431.7, 431.13

The Texas Commission on Fire Protection (TCFP) proposes changes to §§431.3, 431.5, and 431.7, concerning minimum standards for basic, intermediate, and advanced arson investigator certifications. Amendments to §431.3 clarify the name of the TCFP's fire investigation curriculum, update the number of hours of instruction in a National Fire Academy program for fire investigation which an individual must successfully complete in order to be certified as Basic Arson Investigator, and establishes an additional option for becoming eligible to take the TCFP's written examination for fire investigator certification. Amendments to §431.5 and §431.7 add options for completing the course requirements for intermediate and advanced arson investigator certifications. The TCFP also proposes new §431.13, International Fire Service Accreditation Congress (IFSAC) Certification, concerning application to the TCFP for IFSAC seals.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the amended section is in effect there will be no fiscal implications for state or local governments.

Mr. Soteriou has also determined that for each of the first five years the proposed amendments and new section are in effect the public benefit anticipated as a result of enforcing the amended sections will be an increase in the number of eligible applicants for fire investigator and arson investigator certifications.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the amendments.

Comments on the proposals may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

The amendments and new section 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, §419.022, which provides the TCFP with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions.

Texas Government Code, §419.022, is affected by the proposed amendments.

§431.3.Minimum Standards for Basic Arson Investigator Certification.

(a) Training programs that are intended to satisfy the requirements 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.

(b) In order to be certified by the commission as a Basic Arson Investigator an individual must:

(1) possess a current basic peace officer's license from the Texas Commission on Law Enforcement Officer Standards and Education or documentation that the individual is a federal law enforcement officer;

(2) hold a current commission as a peace officer with the employing entity for which the arson investigations will be done;

(3) complete a commission approved basic fire investigation training program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved basic fire investigation training program shall consist of one of the following:

(A) completion of the commission approved [ Basic ] Fire Investigator Curriculum, as specified in Chapter 5 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) successful completion of a minimum of 128 [ 122 ] hours of instruction in a National Fire Academy program for fire investigation. The program must include the basic course, Fire Arson Investigation, and any combination of the following courses or their predecessor:

(i) Arson Detection; or

(ii) Fire Cause Determination for Company Officers; or

(iii) Initial Fire Investigation; or

(iv) Management of Arson Prevention and Control.

(C) successful completion of an out-of-state or military training program which has been submitted to the commission for evaluation and found to meet the minimum requirements as listed in the commission approved [ Basic ] Fire Investigator Curriculum as specified in Chapter 5 of the commission's document titled "Commission Certification Curriculum Manual"; or

(D) successful completion of the following college courses: Arson Investigator, 3 semester hours; Hazardous Materials, 3 semester hours; Building Construction, 3 semester hours; Fire Protection Systems, 3 semester hours. Total semester hours, 12. NOTE: The three semester hour course "Building Codes and Construction" may be substituted for Building Construction. Arson Investigator I or II may be used to satisfy the requirements of Arson Investigation. Hazardous Materials I or II may be used to satisfy the requirements of Hazardous Materials.

(c) A person who holds or is eligible to hold a certificate upon employment as a part-time arson investigator may be certified as an arson investigator, of the same level of certification, without meeting the applicable examination requirements.

(d) An individual from another jurisdiction who possesses valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire Investigator shall be eligible to take the commission written examination for Fire Investigator.

§431.5.Minimum Standards for Intermediate Arson Investigator Certification.

(a) Applicants for Intermediate Arson Investigator Certification must complete the following requirements:

(1) hold as a prerequisite a Basic Arson Investigator Certification as defined in §431.3 of this title (relating to Minimum Standards for Basic Arson Investigator Certification);

(2) acquire a minimum of four years of fire protection experience and complete the courses listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the Commission that the courses comply with subsections (c) and (d) of this section; or

(B) Option 2--Complete a minimum of 96 hours of instruction in any National Fire Academy courses; or

(C) Option 3--Successfully complete three semester hours of college courses listed in Option 1 and a minimum of 48 hours in any National Fire Academy courses.

(D) Option 4--Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the Commission curricula. Evidence of completion of the appropriate courses shall be a certification from the Commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 4 may not be combined with any of the above options to obtain this certification. See exception outlined in subsection (d) of this section.

(b)-(d) (No change).

§431.7. Minimum Standards for Advanced Arson Investigator Certification.

(a) Applicants for Advanced Arson Investigator certification must complete the following requirements:

(1) hold as a prerequisite an Intermediate Arson Investigator Certification as defined in §431.5 of this title (relating to Minimum Standards for Intermediate Arson Investigator Certification);

(2) acquire a minimum of eight years of fire protection experience and complete the courses listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the Commission that the courses comply with subsections (c) and (d) of this section;

(B) Option 2--Complete a minimum of 96 hours of instruction in any National Fire Academy courses;

(C) Option 3--Successfully complete three semester hours of college courses listed in Option 1 and a minimum of 48 hours in any National Fire Academy courses; or

(D) Option 4--Advanced Arson for Profit (Bureau of Alcohol, Tobacco, and Firearms resident or field course, 80 hours)

(E) Option 5--Successfully complete any combination of courses that lead to International Fire Service Accreditation Congress (IFSAC) certification that total 96 recommended hours or more in the Commission curricula. Evidence of completion of the appropriate courses shall be a certification from the Commission or a valid documentation from another jurisdiction of accreditation from IFSAC. Option 5 may not be combined with any of the above options to obtain this certification. See exception outlined in subsection (d) of this section.

(b)-(d) (No change).

§431.13.International Fire Service Accreditation Congress (IFSAC) Certification.

(a) Individuals holding current commission Arson Investigator certification may be granted International Fire Service Accreditation Congress (IFSAC) Certification as a Fire Investigator by making application to the commission for the IFSAC seal and paying applicable fees.

(b) Individuals completing a commission approved basic fire investigator program and passing the applicable state examination may be granted IFSAC Certification as a Fire Investigator by making application to the commission for the IFSAC seal and paying applicable fees.

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 April 17, 2002.

TRD-200202382

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Subchapter B. MINIMUM STANDARDS FOR FIRE INVESTIGATOR CERTIFICATION

37 TAC §431.205

The Texas Commission on Fire Protection (TCFP) proposes new §431.205, International Fire Service Accreditation Congress (IFSAC) Certification, concerning application to the TCFP for IFSAC seals for fire investigator.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five- year period the new section is in effect there will be no fiscal implications for state or local governments.

Mr. Soteriou has also determined that for each of the first five years the new section is in effect, the public benefit anticipated as a result of enforcing the new section will be an increase in the number of eligible applicants for fire investigator certification.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the proposed new section.

Comments on the proposal may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

The new section is 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, §419.022, which provides the TCFP with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions.

Texas Government Code, §419.022, is affected by the proposed new section.

§431.205.International Fire Service Accreditation Congress (IFSAC) Certification.

(a) Individuals holding current commission Fire Investigator certification may be granted International Fire Service Accreditation Congress (IFSAC) Certification as a Fire Investigator by making application to the commission for the IFSAC seal and paying applicable fees.

(b) Individuals completing a commission approved basic fire investigator program and passing the applicable state examination may be granted IFSAC Certification as a Fire Investigator by making application to the commission for the IFSAC seal and paying applicable fees.

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 April 17, 2002.

TRD-200202383

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Chapter 439. EXAMINATIONS FOR CERTIFICATION

Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING

37 TAC §439.5, §439.13

The Texas Commission on Fire Protection (TCFP) proposes changes to §439.5 and §439.13, concerning the examination procedure and testing for proof of proficiency. Amendments to §439.5 specify that training providers, except for Basic Fire Suppression Academies, shall test for competency in all performance skills developed for a particular curriculum. Amendments to §439.13 establish that persons who are called to active military duty are not considered to have a break in service, so they would not have to retest to obtain new certificates.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five- year period the amended sections are in effect there will be no fiscal implications for state governments. Local governments will pay less in examination fees for their fire protection personnel returning from active military duty.

Mr. Soteriou has also determined that for each of the first five years the proposed amendments are in effect the public benefit anticipated as a result of enforcing the amended sections will be more thoroughly tested fire protection personnel and an easier renewal process for fire protection personnel who are returning from active military duty.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the amendments.

Comments on the proposals may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed 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, §419.032, which provides the TCFP with the authority to establish standards for basic certification tests for fire protection personnel.

Texas Government Code, §419.032, is affected by the proposed amendments.

§439.5.Procedures.

(a)-(e) (No change.)

(f) During the course of instruction, the provider of training, except for a Basic Fire Suppression academy identified in subsection (e) of this section, shall test for competency all performance skills listed in the applicable curriculum. This applies only for curricula in which performance standards have been developed. Retests must be conducted prior to the completion of the course. All skills must be demonstrated before a commission approved field examiner.

(g) [ (f) ] Commission examinations, or retests, for less than eight (8) examinees must be conducted in Austin, Texas, or other place designated by the commission. The commission must coordinate with the provider of training as to the time of the examination.

(h) [ (g) ] Commission examinations, or retests, for less than eight (8) examinees must be conducted in accordance with this section, provided that entity providing the training agrees to pay an examination fee equal to the amount that would be charged for eight (8) examinees.

(i) [ (h) ] If a performance test is part of the commission examination, examinees that are required to take the commission examination in Austin, Texas, or other place designated by the commission, shall be required to furnish a complete set of protective clothing that complies with §435.1(2) (Relating to Protective Clothing). Examinees are encouraged, but not required, to provide a self-contained breathing apparatus that complies with §435.3(2) (Relating to Self-Contained Breathing Apparatus) that the examinee is familiar with and an extra full cylinder.

(j) [ (i) ] If the designated training officer or coordinator of the entity providing the training determines that the time and/or place of the examination as set by the commission is not acceptable for good cause, he may request the commission to reschedule or relocate the examination providing the request is received at least 20 days prior to the original scheduled time of the examination or the new proposed time, whichever would result in the earliest notification. The commission shall give all such request due consideration and may reschedule or relocate the examination as necessary.

(k) [ (j) ] Each examination must be administered by a member of the commission staff known as a "Staff Examiner."

(l) [ (k) ] The staff examiner may administer the examination alone or with the assistance of one or more additional examiners. The additional examiners shall be known as field examiners and shall be approved by the commission.

(m) [ (l) ] The staff examiner must:

(1) ensure that the examination remains secure and is conducted under conditions warranting honest results; and

(2) collect all examination materials from any examinee who is dismissed.

(n) [ (m) ] The staff examiner or field examiner must:

(1) monitor the examination while in progress;

(2) control entrance to and exit from the test site;

(3) permit no one in the room while the written test is in progress except examiners, examinees, and commission staff;

(4) assign or re-assign seating; and

(5) bar admission to or dismiss any examinee who fails to comply with any of the provisions of subsections (a) and (b) of this section.

(o) [ (n) ] Examination booklets, answer sheets, scratch paper and grade roster(s) will be delivered to the staff examiner by means specified by the commission. The staff examiner must immediately document any errors detected in the examination materials provided.

(p) [ (o) ] The staff examiner must remit to the commission all examination booklets, answer sheets and scratch paper in the return container provided by the commission immediately following the completion of the written examination.

(q) [ (p) ] All official grading and notification must come from the commission. The commission staff must inform the training officer or coordinator of preliminary test results within three (3) business days after completion of the examination. The commission staff must notify the training officer or coordinator of the official test results in writing within thirty (30) days after completion of the examination.

(r) [ (q) ] The commission will provide one individual grade report to each examinee. If the grade report should prove to be undeliverable, it shall be the responsibility of the examinee to contact the commission office to make arrangements for an additional grade report.

(s) [ (r) ] If performance skills are required as part of a certification examination, the entity applying for the certification examination shall be responsible for providing the required number of Approved Field Examiners. The number of Field Examiners shall be determined by the commission.

(t) [ (s) ] Each written examination may have two types of questions: pilot and active. Pilot questions are new questions placed on the examination for statistical purposes only. These questions do not count against an examinee if answered incorrectly.

(u) [ (t) ] An individual who has documented completion of commission approved Fire Fighter II training will be allowed to take the Basic Fire Suppression Fire Fighter II examination, if it has been less than four years since the individual has passed the commission's Basic Fire Suppression Fire Fighter I written and performance evaluation.

§439.13.Testing for Proof of Proficiency.

(a)-(b) (No change.)

(c) An individual [ For the purposes of this section, the time that a person serves in the military ] who is called to active military duty in accordance with applicable federal law [ or that a person serves in the state legislature who qualifies for legislative leave under the provisions of Texas Civil Statutes, Article 6252-4c, ] is not considered to have a break in service [ for any reason and the person is not required to complete the examination requirement upon return to employment to a fire protection personnel position in order to obtain a new certificate, provided that the individual must comply with the continuing education requirement applicable to the certificate previously held by the individual after the effective date of this rule except as provided by federal law ]. That person would not have to complete the examination requirement upon return to employment as a fire protection personnel. To obtain a new certificate, the individual must submit the renewal fee and documentation for 20 hours of continuing education.

(d) (No change.)

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 April 17, 2002.

TRD-200202384

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Chapter 441. CONTINUING EDUCATION

37 TAC §441.5

The Texas Commission on Fire Protection (TCFP) proposes an amendment to §441.5, concerning continuing education. The proposed amendment clarifies that an individual who is not a member of a paid or volunteer fire department is not required to obtain documentation from the head of a fire department to apply for an exemption from the TCFP's continuing education requirements due to accident or injury.

Jake Soteriou, Fire Service Standards and Certification Division Director, has determined that for each year of the first five-year period that the amended section 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 proposed amendment is in effect the public benefit anticipated as a result of enforcing the amended section will be a clearer understanding of the TCFP's intent with regard to exemptions from continuing education requirements due to injury or illness There are no additional costs of compliance anticipated for small or large 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 amendment is 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, §419.032, which provides the TCFP with the authority to adopt rules relating to continuing education requirements for fire protection personnel.

Texas Government Code, §419.032, is affected by the proposed amendment.

§441.5.Requirements.

(a)-(j) (No change.)

(k) Any individual who is not a member of a paid or volunteer fire department who is unable to perform work, substantially similar in nature as would be performed by fire protection personnel assigned to that discipline, may be exempted from the continuing education requirement for the current renewal period. Commission staff shall determine the exemption using [ with ] documentation of the illness or injury that cumulatively lasts six months or longer, from documentation [ and time frames ] provided by the individual and the individual's treating physician [ in accordance with the preceding subsection ].

(l)-(m) (No change.)

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 April 17, 2002.

TRD-200202385

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Chapter 451. FIRE OFFICER

Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I

37 TAC §451.1, §451.3

The Texas Commission on Fire Protection (TCFP) proposes changes to §451.1 and §451.3, concerning minimum standards for Fire Officer I certification. Amendments to §451.1 remove the references to the effective date of the section and the one- year window of opportunity for individuals with previous training to challenge the certification examination. Amendments to §451.3 remove references to the effective date of the section.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the amended sections are in effect there will be no fiscal implications for state or local governments.

Mr. Soteriou has also determined that for each of the first five years the proposed amendments and new section are in effect the public benefit anticipated as a result of enforcing the amended sections will be that standardized training requirements for Fire Officer I certification will ensure high standards for training specific to the management of fire department operations.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the amended sections.

Comments on the proposals may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed 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, §419.022, which provides the TCFP with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions.

Texas Government Code, §419.022, is affected by the proposed amendments.

§451.1.Fire Officer I Certification.

[ (a) The effective date of this section shall be February 1, 2001.]

[ (b) ] A Fire Officer I is defined as an individual who may supervise fire personnel during emergency and non-emergency work periods; serve in a public relations capacity with members of the community; implement departmental policies and procedures at the unit level; secure fire scenes and perform fire investigations to determine preliminary cause; conduct pre-incident planning; supervise emergency operations; or ensure a safe working environment for all personnel.

[ (c) Within one year of the effective date of this section, an individual may apply for certification as a Fire Officer I and is eligible to take the commission examination for Fire Officer I, upon documentation to the Commission that the individual has completed the Fire Officer I training meeting the minimum requirements of the National Fire Protection Association Standard 1021, Chapter 2 (1997 edition, or earlier). Individuals who qualify with training under the college course option are not subject to the one year limit of this subsection.]

§451.3.Minimum Standards for Fire Officer I Certification.

(a) [ The effective date of this section shall be February 1, 2001. ] Training programs that are intended to satisfy the requirements of this section [ , that are 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.

(b)-(g) (No change.)

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 April 17, 2002.

TRD-200202386

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Subchapter B. MINIMUM STANDARDS FOR FIRE OFFICER II

37 TAC §451.201, §451.203

The Texas Commission on Fire Protection (TCFP) proposes changes to §451.201 and §451.203, concerning minimum standards for Fire Officer II certification. Amendments to §451.201 remove the references to the effective date of the section and the one-year window of opportunity for individuals with previous training to challenge the certification examination. Amendments to §451.203 remove references to the effective date of the section.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the amended sections are in effect there will be no fiscal implications for state or local governments.

Mr. Soteriou has also determined that for each of the first five years the proposed amendments and new section are in effect the public benefit anticipated as a result of enforcing the amended sections will be that standardized training requirements for Fire Officer II certification will ensure high standards for training specific to the management of fire department operations.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the amended sections.

Comments on the proposals may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed 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, §419.022, which provides the TCFP with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions.

Texas Government Code, §419.022, is affected by the proposed amendments.

§451.201.Fire Officer II Certification.

[ (a) The effective date of this section shall be February 1, 2001.]

[ (b) ] A Fire Officer II is defined as an individual who may evaluate the performance of personnel; deliver public education programs; prepare budget requests, news releases, and policy changes; conduct inspections and investigations; supervise multi- unit emergency operations; and identify unsafe work environments and take preventive action; or review injury, accident, and health exposure reports. Individuals who perform inspections must comply with Chapter 429 of this title (relating to Minimum Standards for Fire Inspectors). Individuals who perform investigations must comply with Chapter 431 of this title (relating to Fire Investigation).

[ (c) Within one year of the effective date of this section, an individual may apply for certification as a Fire Officer II and is eligible to take the commission examination for Fire Officer II, upon documentation to the Commission that the individual has completed the Fire Officer II training meeting the minimum requirements of the National Fire Protection Association Standard 1021, Chapter 3 (1997 edition, or earlier), and holds, as a minimum, intermediate fire service instructor certification, intermediate fire education specialist certification or associate instructor certification through the commission. Individuals who qualify with training under the college course option are not subject to the one year limit of this subsection.]

§451.203. Minimum Standards for Fire Officer II Certification.

(a) [ The effective date of this section shall be February 1, 2001. ] Training programs that are intended to satisfy the requirements of this section [ , that are 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.

(b)-(g) (No change.)

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 April 17, 2002.

TRD-200202387

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Chapter 473. VOLUNTEER FIRE FIGHTER

37 TAC §473.11

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Commission on Fire Protection or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Commission on Fire Protection (TCFP) proposes the repeal of Chapter 473, Volunteer Fire Fighter, which consists only of §473.11, concerning International Fire Service Accreditation Congress (IFSAC) certification for volunteer fire fighters. The proposed repeal removes language that is currently found in 37 TAC §423.13 of the TCFP's rules.

Jake Soteriou, Fire Service Standards and Certification Division Director, has determined that for each year of the first five-year period following the repeal of the section there will be no fiscal implications for state and local governments.

Mr. Soteriou has also determined that for the first five-year period following the proposed repeal of the section, the anticipated public benefit is a clearer understanding of the TCFP's rules from the removal of duplicated information. There are no additional costs of compliance anticipated for small or large businesses.

Comments on the proposed repeal may be submitted to Gary L. Warren, Sr., Executive 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 repeal is proposed under Texas Government Code, §419.008, which provides the TCFP with authority to propose rule actions for the administration of its powers and duties; and Texas Government Code, §419.071, which provides the TCFP with the authority to propose rule actions concerning voluntary certification standards for volunteer fire protection personnel.

Texas Government Code, §419.071, is affected by the proposed repeal.

§473.11.International Fire Service Accreditation Congress (IFSAC) Certification.

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 April 17, 2002.

TRD-200202388

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921


Chapter 481. VOLUNTEER FIRE FIGHTER FEES

37 TAC §481.13

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Commission on Fire Protection or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Commission on Fire Protection (TCFP) proposes the repeal of Chapter 481, Volunteer Fire Fighter Fees, which consists of only §481.13, concerning fees charged for individual International Fire Service Accreditation Congress (IFSAC) seals. The proposed repeal removes language that is currently found in 37 TAC §423.13 of the TCFP's rules.

Jake Soteriou, Fire Service Standards and Certification Division Director, has determined that for each year of the first five-year period following the repeal of the section there will be no fiscal implications for state and local governments.

Mr. Soteriou has also determined that for the first five-year period following the proposed repeal of the section, the anticipated public benefit is a clearer understanding of the TCFP's rules by the removal of duplicated information. There are no additional costs of compliance anticipated for small or large businesses.

Comments on the proposed repeal may be submitted to Gary L. Warren, Sr., Executive 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 repeal is proposed under Texas Government Code, §419.008, which provides the TCFP with authority to propose rule actions for the administration of its powers and duties; and Texas Government Code, §419.071, which provides the TCFP with the authority to propose rule actions concerning voluntary certification standards for volunteer fire protection personnel.

Texas Government Code, §419.071, is affected by the proposed repeal.

§481.13.Fees--International Fire Service Accreditation Congress (IFSAC) Seal.

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 April 17, 2002.

TRD-200202389

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: June 2, 2002

For further information, please call: (512) 239-4921