Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.1, §421.5
The Texas Commission on Fire Protection (TCFP) proposes changes
to §421.1, concerning procedures for meetings, to change the name of
the Testing Committee to "Curriculum and Testing Committee." The TCFP also
proposes changes to §421.5(39), concerning the "years of experience"
requirements for advanced certifications and instructor certifications.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for each year of the first five-year period
that the proposed changes are in effect, there will be no significant fiscal
impact on 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 proposed changes will be a clearer understanding of the testing
committee's role in advising the TCFP, more opportunities for persons from
other states to enter the fire service in Texas, and additional avenues for
fire fighters to acquire advanced certifications. There are no additional
costs of compliance anticipated for individuals and small businesses.
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.
§421.1.Procedures for Meetings.
(a)
Time and places. The Fire Fighter Advisory Committee and
the Curriculum and
Testing Committee shall meet at such times and places
in the State of Texas as
they deem
[
(b)-(c)
(No change.)
(d)
Members. The Fire Fighter Advisory Committee shall consist
of nine members appointed by the commission. The
Curriculum and
Testing Committee shall consist of members appointed by the
commission
[
(e)
Officers. Officers of the Fire Fighter Advisory Committee
and the
Curriculum and
Testing Committee shall consist of a chairman,
vice-chairman, and secretary.
Each
[
(f)-(h)
(No change.)
§421.5.Definitions.
The following words and terms, when used in this part, shall have the
following meanings, unless the context clearly indicates otherwise.
(1)-(38)
(No change.)
(39)
Years of experience--For purposes of higher levels of
certification or fire service instructor certification as provided for in
Chapter 425, Subchapter A of this title (relating to Fire Service Instructor
Certification):
(A)
Except as provided in subparagraph (B) of this paragraph,
years of experience is defined as full years of full-time, part-time or volunteer
fire service while holding:
(i)
a Texas Commission on Fire Protection certification as
a full-time, or part-time employee of a government entity, a member in a volunteer
fire service organization, and/or an employee of a regulated non-governmental
fire department; or
(ii)
a State Firemen's and Fire Marshals' Association advanced
fire fighter certification and have completed as a minimum requirements for
a Texas Department of Health Emergency Care Attendant (ECA) certification,
or its equivalent; or
(iii)
an equivalent certification as a full-time fire protection
personnel of a governmental entity from another jurisdiction, including the
military,
or while a member in a volunteer fire service organization
from another jurisdiction,
and have completed as a minimum requirements
for a Texas Department of Health Emergency Care Attendant (ECA) certification,
or its equivalent; or
(iv)
for fire service instructor certification only, a State
Firemen's and Fire Marshals' Association Level II Instructor Certification
, or its equivalent, in the form of a non- self-serving sworn affidavit
.
(v)
An individual seeking equivalent
certification while a member in a volunteer fire service organization from
another jurisdiction under clause (iii) of this subparagraph shall provide
documentation in the form of a non-self- serving affidavit as an active volunteer
fire fighter in one or more volunteer fire departments. Documentation shall
include attendance at 40% of the drills for each year and attendance of at
least 25% of the department's emergencies in a calendar year, while a member
of a volunteer department.
(B)
For fire service personnel certified as required in subparagraph
(A) of this paragraph on or before October 31, 1998, years of experience includes
the time from the date of employment or membership to date of certification
not to exceed one year.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on May 9, 2002.
TRD-200202883
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes changes to §427.19
and §427.209, concerning the administrative actions that the TCFP can
take against training facilities which fail to comply with TCFP minimum standards.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for each year of the first five-year period
that the proposed changes are in effect, there will be no significant fiscal
impact on 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 proposed changes will be a more fair system for penalty assessment
in which facility certifications may not have to be revoked for minor violations
and disruption of training programs can be avoided.
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
.
Subchapter A. ON-SITE CERTIFIED TRAINING PROVIDER
37 TAC §427.19
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, §419.028, which
provides the TCFP with the authority to certify training facilities operated
for training fire protection personnel or recruits.
Texas Government Code, §419.028, is affected by the proposed changes.
§427.19.General Information.
(a)-(f)
(No change.)
(g)
The commission may revoke
, suspend, and/or probate
the certification of a training facility when the commission determines
that the training facility:
(1)
Fails to provide the quality of training for which the
facility was approved;
(2)
Fails to comply with commission rules and/or these minimum
standards; or
(3)
Fails to submit required reports in a timely manner or
submits false reports to the commission.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 9, 2002.
TRD-200202884
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 239-4921
37 TAC §427.209
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, §419.028, which
provides the TCFP with the authority to certify training facilities operated
for training fire protection personnel or recruits.
Texas Government Code, §419.028, is affected by the proposed changes.
§427.209.General Information.
(a)-(e)
(No change.)
(f)
The commission may revoke
, suspend, and/or probate
the certification of training when the commission determines that the
distance training provider:
(1)
Fails to provide the quality of training and education
for which the provider was approved;
(2)
Fails to comply with commission rules and/or these minimum
standards; or
(3)
Fails to submit required reports in a timely manner or
submits false reports to the commission.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 9, 2002.
TRD-200202885
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 239-4921
37 TAC §437.5
The Texas Commission on Fire Protection (TCFP) proposes changes
to §437.5, concerning renewal fees, to increase renewal fees from $20
to $21 to pay the fees associated with an internal audit which is being required
of the TCFP by the 77th Legislature through House Bill 609.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for each year of the first five-year period
that the proposed changes are in effect, the fiscal impact on state or local
governments will be $1.00 per certified individual employed by the state or
local government.
Mr. Soteriou has also determined that for each of the first five years
the proposed changes are in effect, the anticipated cost to the public will
be approximately $21,000.
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 House Bill 609, enacted by the
77th Legislature, which allows the TCFP to assess fees sufficient to generate
revenue to fund appropriations to implement an internal audit in fiscal year
2003, 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, §419.026, which provides the TCFP with the authority
to set and collect a fee for each certificate it issues or renews.
Texas Government Code, §419.026, is affected by the proposed changes.
§437.5.Fees--Renewal.
(a)
The annual renewal fee shall be
$21
[
(b)-(p)
(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 May 9, 2002.
TRD-200202887
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes changes to §439.1
and §439.201, concerning the administration of examinations for certification.
The proposal is to move §439.201(b) to new §439.1(e) so that the
requirements are applicable to both on-site training and distance training.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for each year of the first five-year period
that the proposed changes are in effect, there will be no significant fiscal
impact on 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 proposed changes will be the continued value of state-issued
certifications by the preservation of the integrity of state examinations.
There are no additional costs of compliance anticipated for individuals and
small businesses.
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
.
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §439.1
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, §419.026, which
provides the TCFP with the authority to give examinations to fire protection
personnel for basic certification, and Texas Government Code, §419.032,
which provides the TCFP with the authority to establish standards for basic
certification tests for fire protection personnel and qualifications relating
to basic certification tests.
Texas Government Code, §419.032 and §419.022, are affected by
the proposed changes.
§439.1.Requirements--General.
(a)-(d)
(No change.)
(e)
The administration of examinations
for certification, including performance skill evaluations, shall be conducted
in compliance with the commission and International Fire Service Accreditation
Congress (IFSAC) regulations. It is incumbent upon commission staff, committee
members, course coordinators and/or training officers and field examiners
to maintain the integrity of any state examination (or portion thereof) for
which they are responsible.
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 May 13, 2002.
TRD-200202971
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 239-4921
37 TAC §439.201
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, §419.026, which
provides the TCFP with the authority to give examinations to fire protection
personnel for basic certification, and Texas Government Code, §419.032,
which provides the TCFP with the authority to establish standards for basic
certification tests for fire protection personnel and qualifications relating
to basic certification tests.
Texas Government Code, §419.032 and §419.022, are affected by
the proposed changes.
§439.201.Requirements--General.
[
[
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 May 13, 2002.
TRD-200202972
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 239-4921
Subchapter A. PAID FIRE DEPARTMENT INSPECTIONS
it deems
] proper.
The Fire Fighter Advisory Committee shall meet at least twice each calendar
year.
Commission
] upon the recommendation of the Fire Fighter
Advisory Committee. Committee members serve at the will of the commission.
The
] committee shall
elect its officers from the appointed members at its first meeting and thereafter
at its first meeting following January 1 of each year or upon the vacancy
of an office.
Chapter 427.
TRAINING FACILITY CERTIFICATION
Subchapter B. DISTANCE TRAINING PROVIDER
Chapter 437.
FEES
$20
] and shall be assessed for each certified individual and certified
training facility. If an individual or certified training facility holds more
than one certificate, the commission may collect only one
$21
[
$20
] renewal fee which will renew all certificates held by the individual
or certified training facility.
Chapter 439.
EXAMINATIONS FOR CERTIFICATION
Subchapter B. EXAMINATIONS FOR DISTANCE TRAINING
(a)
]
The examination requirements for those completing
distance training shall be the same as those in Subchapter A of this chapter,
except as noted in this subchapter.
(b)
The administration of examinations
for certification, including performance skill evaluations, shall be conducted
in compliance with the commission and International Fire Service Accreditation
Congress (IFSAC) regulations. It is incumbent upon commission staff, testing
committee members, course coordinators and/or training officers and field
examiners to maintain the integrity of any state examination (or portion
thereof) for which they are responsible.]
Chapter 445.
ADMINISTRATIVE INSPECTIONS AND PENALTIES