TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 13. TEXAS COMMISSION ON FIRE PROTECTION

Chapter 421. STANDARDS FOR CERTIFICATION

37 TAC §421.5

The Texas Commission on Fire Protection (TCFP) adopts an amendment to §421.5, concerning standards for certification, without changes to the text published in the December 20, 2002, issue of the Texas Register (27 TexReg 11905).

The amendment adds and defines the term "political subdivision."

The amendment clarifies the understanding of what entities the Texas Commission on Fire Protection regulates.

There were no comments received on the proposed amendment.

The amendment is adopted under Texas Government Code, §419.008, which provides the TCFP with authority to propose rules for the administration of its powers and duties; Texas Government Code, §419.021, which establishes a political subdivision to be a "local government," and Texas Government Code, §421.022, which provides the TCFP with the authority to regulate local governmental agencies in Texas that employ 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 18, 2003.

TRD-200301213

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 10, 2003

Proposal publication date: December 20, 2002

For further information, please call: (512) 239-4913


Chapter 423. FIRE SUPPRESSION

The Texas Commission on Fire Protection (TCFP) adopts amendments to §423.13, concerning minimum standards for structure fire protection personnel certification, §423.203 concerning minimum standards for aircraft rescue fire fighting personnel, and §423.211 concerning International Fire Service Accreditation Congress (IFSAC) Certification without changes to the text published in the December 27, 2002, issue of the Texas Register (27 TexReg 12173).

The amendments clarify language regarding the issuance of IFSAC seals and it also ensures that an examinee has passed each portion of the NFPA Standard before the applicable IFSAC seal is issued.

The amendments will clarify the rules regarding the issuance of IFSAC seals.

There were no comments received on the proposed amendments.

Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION

37 TAC §423.13

The amendments are adopted 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.

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 18, 2003.

TRD-200301214

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 10, 2003

Proposal publication date: December 27, 2002

For further information, please call: (512) 239-4913


Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL

37 TAC §423.203, §423.211

The amendments are adopted 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.

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 18, 2003.

TRD-200301215

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 10, 2003

Proposal publication date: December 27, 2002

For further information, please call: (512) 239-4913


Chapter 433. MINIMUM STANDARDS FOR DRIVER/OPERATOR--PUMPER

37 TAC §433.5, §433.7

The Texas Commission on Fire Protection (TCFP) adopts amendments to §433.5 and §433.7, concerning examination requirements and International Fire Service Accreditation Congress (IFSAC) seals for Driver/Operator--Pumper certification without changes to the text published in the December 20, 2002, issue of the Texas Register (27 TexReg 11906).

The amendments clarify that the written and performance skills portions of the examination for Driver/Operator--Pumper certification must meet the requirements in Chapter 439, Examinations for Certification, replaces "Certification" with "Seal" in the section title and clarifies which individuals may be granted an IFSAC seal for Driver/Operator--Pumper.

The amendments will clarify skills for Driver/Operator--Pumper examinations as well as the issuance of IFSAC seals.

There were no comments received on the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with authority to propose rules for the administration of its powers and duties; Texas Government Code, §419.022, which provides the TCFP with the authority to establish minimum training standards for admission to employment as fire protection personnel; and Texas Government Code, §419.032, which provides the TCFP with authority to propose rules to establish qualifications 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 18, 2003.

TRD-200301216

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 10, 2003

Proposal publication date: December 20, 2002

For further information, please call: (512) 239-4913


Chapter 435. FIRE FIGHTER SAFETY

37 TAC §435.1, §435.3

The Texas Commission on Fire Protection (TCFP) adopts amendments to §435.1 and §435.3, concerning protective clothing and self-contained breathing apparatus. Section 435.3 is adopted with changes to the text published in the December 20, 2002, issue of the Texas Register (27 TexReg 11907). Section 435.1 is adopted without changes and will not be republished.

The amendments remove language regarding the testing of Breathe-Tex® moisture liners which were to be removed from service no later than January 1, 2002, and increases the frequency of inspections of SCBA not assigned to an individual user or in-service apparatus at the beginning of a duty period from monthly to weekly.

The amendments clarify that all Breathe-Tex® moisture liners should be taken out of service and clarifies the frequency of SCBA inspections not assigned to an individual user or in-service apparatus.

There were no comments received on the proposed amendments.

The amendments are adopted 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, §419.047, which provides the TCFP with the authority to enforce Texas Government Code, §419.040 and §419.041, concerning protective clothing and self-contained breathing apparatus.

§435.3.Self-contained Breathing Apparatus.

The employing entity shall:

(1) purchase, provide, and maintain a complete self-contained breathing apparatus for each on duty fire protection personnel who engage in operations where IDLH atmospheres may be encountered, where the atmosphere is unknown or would be exposed to hazardous atmospheres from fire or other emergencies or where the potential for such exposure exists;

(2) ensure that all self-contained breathing apparatus used by fire protection personnel complies with the minimum standards of the National Fire Protection Association identified in NFPA 1981, Standard on Open-Circuit Self-contained Breathing Apparatus for Fire Fighters:

(A) the National Fire Protection Association standard applicable to a self-contained breathing apparatus is the standard in effect at the time the entity contracts for new, rebuilt, or used self-contained breathing apparatus;

(B) an entity may continue to use a self-contained breathing apparatus that meets the requirements of an earlier edition of NFPA 1981, unless the commission determines that the continued use of the self-contained breathing apparatus 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;

(3) ensure that an SCBA that is assigned to an individual user or in-service apparatus be inspected at the beginning of each duty period and where an SCBA is not assigned to an individual user or in-service apparatus but is available for immediate use for a duty period, the inspection shall be performed at least weekly and shall include a check of the entire unit for deteriorated components, air tightness of cylinders and valves, gauge comparison, reducing valve and bypass valve operation, and check of the regulator, exhalation valve, and low-air alarm. All other SCBA shall be inspected prior to being placed into service. The inspection shall comply with the minimum requirements of the National Fire Protection Association. The SCBA shall be clean and ready for service;

(4) ensure that compressed breathing air from any source, including but not limited to transferred air from vendor cylinders to other cylinders, fire department air compressors, cascade systems and private sources, that is used to fill the cylinders of a self-contained breathing apparatus complies with the minimum standards of the National Fire Protection Association for air quality testing of compressed breathing air and identified in NFPA 1500, Standard on Fire Department Occupational Safety and Health Program:

(5) ensure that at least every six months, samples of the air used to fill the cylinders of self-contained breathing apparatus are tested by a testing laboratory which currently holds accreditation to test breathing air from a nationally recognized accrediting organization. Air samples shall be taken directly from the point where self-contained breathing apparatus cylinders are connected for filling. If a fill station has more than one port where a self-contained breathing apparatus cylinder can be attached and if only one sample is taken from the fill station, then the sample shall be taken from the port that ensures that all components of the fill station are tested. It is "recommended" that the air used to fill cylinders of self-contained breathing apparatus be tested at least every three months.

(6) develop procedures to ensure that all bottles used on self-contained breathing apparatus are tested as required by the manufacturer and the Department of Transportation;

(7) maintain and supply upon request by the commission, records and reports documenting compliance with commission requirements concerning self-contained breathing apparatus and a record of all tests shall be made and the record shall be retained for a period of no less than three years;

(8) maintain and provide upon request by the commission, a departmental standard operating procedure regarding the use, selection, care, and maintenance of self-contained breathing apparatus; and

(9) ensure that at least annually, the facepiece, regulator, end of service indicator(s), hoses, and cylinder valve are tested for proper function on test equipment approved by the manufacturer. The test of the regulator shall include a flow test. This test shall be performed in a manner prescribed by the manufacturer and by personnel authorized by the manufacturer to perform such test and shall meet the minimum requirements for testing as required by the National Fire Protection Association.

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 18, 2003.

TRD-200301217

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 10, 2003

Proposal publication date: December 20, 2002

For further information, please call: (512) 239-4913


Chapter 439. EXAMINATIONS FOR CERTIFICATION

37 TAC §§439.5, 439.9, 439.17

The Texas Commission on Fire Protection adopts amendments to §§439.5, 439.9, and 439.17 concerning examinations for on-site delivery training, without changes to the text published in the December 20, 2002, issue of the Texas Register (27 TexReg 11908).

The amendments clarify the number of sections an examination may consist of and also clarifies that a score of 70% or above must be obtained for each section of the examination. It also updates the number of test questions and time allowed to complete an examination.

The amendments will clarify the score that must be obtained on each section of the examination to pass as well as how many test questions and time will be allowed to complete the examination.

There were no comments received on the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with authority to propose rules for the administration of its powers and duties, Texas Government Code, §419.026, 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.

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 18, 2003.

TRD-200301218

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 10, 2003

Proposal publication date: December 20, 2002

For further information, please call: (512) 239-4913


Chapter 451. FIRE OFFICER

The Texas Commission on Fire Protection (TCFP) adopts amendments to §§451.5, 451.7, 451.205, and 451.207, concerning Fire Officer I and Fire Officer II, without changes to the text published in the December 20, 2002, issue of the Texas Register (27 TexReg 11909).

The amendments clarify that the written and performance skills portions of the examinations for Fire Officer I and Fire Officer II certification must meet the requirements in Chapter 439, Examinations for Certification, replace "Certification" with "Seal" in the section titles and clarify which individuals may be granted International Fire Service Accreditation Congress (IFSAC) seals for Fire Officer I and II.

The amendments clarify skills that must be met for Fire Officer I and Fire Officer II certification as well as which individuals may be granted IFSAC seals for the same certifications.

There were no comments received on the proposed amendments.

Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I

37 TAC §451.5, §451.7

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with authority to propose rules for the administration of its powers and duties; Texas Government Code, §419.022, which provides the TCFP with the authority to establish minimum training standards for admission to employment as fire protection personnel; and Texas Government Code, §419.032, which provides the TCFP with authority to propose rules to establish qualifications for certification of 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 18, 2003.

TRD-200301220

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 10, 2003

Proposal publication date: December 20, 2002

For further information, please call: (512) 239-4913


Subchapter B. MINIMUM STANDARDS FOR FIRE OFFICER II

37 TAC §451.205, §451.207

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with authority to propose rules for the administration of its powers and duties; Texas Government Code, §419.022, which provides the TCFP with the authority to establish minimum training standards for admission to employment as fire protection personnel; and Texas Government Code, §419.032, which provides the TCFP with authority to propose rules to establish qualifications for certification of 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 18, 2003.

TRD-200301221

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 10, 2003

Proposal publication date: December 20, 2002

For further information, please call: (512) 239-4913


Chapter 453. MINIMUM STANDARDS FOR HAZARDOUS MATERIALS TECHNICIAN

37 TAC §453.5, §453.7

The Texas Commission on Fire Protection (TCFP) adopts amendments to §453.5 and §453.7, concerning minimum standards for hazardous materials technician, without changes to the text published in the December 20, 2002, issue of the Texas Register (27 TexReg 11910).

The amendments clarify that the written and performance skills portions of the examination for Hazardous Materials Technician certification must meet the requirements in Chapter 439, Examinations for Certification, replace "Certification" with "Seal" in the section title and clarify which individuals may be granted an International Fire Service Accreditation Congress (IFSAC) seal for Hazardous Materials Technician.

The amendments clarify skills that must be met for Hazardous Materials Technician certification as well as which individuals may be granted IFSAC seals for the same certification.

There were no comments received on the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with authority to propose rules for the administration of its powers and duties; Texas Government Code, §419.022, which provides the TCFP with the authority to establish minimum training standards for admission to employment as fire protection personnel; and Texas Government Code, §419.032, which provides the TCFP with authority to propose rules to establish qualifications for certification of 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 18, 2003.

TRD-200301222

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: March 10, 2003

Proposal publication date: December 20, 2002

For further information, please call: (512) 239-4913