Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 403.
CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION
37 TAC §403.3
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §403.3, concerning scope, in Chapter 403, entitled Criminal
Convictions and Eligibility for Certification. The amendment is adopted without
changes to the proposed text published in the November 21, 2003, issue of
the
Texas Register
(28 TexReg 10427) and will
not be republished.
The amendment adds to TCFP options for action when considering an application
for a new certificate, the option of granting the application under the condition
that a probated suspension be placed on the newly granted certificate. It
also adds to TCFPoptions for action when considering a suspension or revocation
of a certificate, the option of a probated suspension or revocation. This
brings TCFP into accord with other state licensing agencies regarding the
issuing of a certificate. The amendment provides a mechanism to issue a probationary
license based upon any mitigating circumstances for persons having criminal
convictions.
No comments were received regarding the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; Texas Government Code, §411.1236(a) and (b),
which allows the commission to obtain criminal history information; Texas
Government Code, §419.032(b), which provides the TCFP with the authority
to establish qualifications and standards that relate to the competence and
reliability of persons to assume and discharge responsibilities of fire protection
personnel; and Texas Government Code, §419.036, which provides the TCFP
with the authority to establish procedures for disciplinary actions regarding
the revocation or suspension of a certificate.
Texas Government Code, §§411.1236(a) and (b), 419.032(b) and
419.036, and the Texas Penal Code, Title 7 are affected by the adopted amendment.
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 January 28, 2004.
TRD-200400555
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: February 17, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 239-4921
37 TAC §421.5
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §421.5, concerning definitions, in Chapter 421, entitled
Standards for Certification. The amendment is adopted without changes to the
proposed text published in the November 21, 2003, issue of the
(Texas Register)
(28 TexReg 10428) and will not be republished.
The amendment adds the definition of reciprocity for IFSAC seals as a new
paragraph (35), and renumbers each paragraph after (35).
No comments were received regarding the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §419.022, which
provides the TCFP with the authority to establish minimal requirements for
fire protection personnel.
Texas Government Code, §419.022 is affected by the adopted amendment.
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 January 28, 2004.
TRD-200400556
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: February 17, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
37 TAC §423.3
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §423.3, concerning minimum standards for basic structure
fire protection personnel certification, in Chapter 423, entitled Fire Suppression.
The amendment is adopted without changes to the proposed text published in
the September 19, 2003, issue of the
Texas Register
(28 TexReg 8126) and will not be republished.
The amendment to §423.3 is adopted in conjunction with a recent adopted
amendment to §423.1, effective November 15, 2003, which adds to the requirements
for being appointed to fire suppression duties a medical training requirement
which can be satisfied in one of four ways: 1) current certification by the
Texas Department of Health (TDH) as an emergency care attendant (ECA), or
higher levels of certification recognized by TDH, such as EMT or paramedic
certification; 2) certification from the American Red Cross of completion
of their emergency response course; 3) current medical certification from
the National Registry; or 4) current medical certification from another jurisdiction
deemed equivalent by TCFP. This adopted amendment to §423.3 adds a reference
in subsection (a)(2) to the new medical requirements in §423.1(b), and
deletes redundant and obsolete language.
No comments were received regarding the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties, and Texas Government Code, §419.022(a)(5),
which provides the TCFP with the authority to establish minimum standards
for admission to employment as fire protection personnel.
Texas Government Code, §419.022 is affected by the adopted amendment.
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 January 28, 2004.
TRD-200400557
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: February 17, 2004
Proposal publication date: September 19, 2003
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
37 TAC §431.13
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §431.13, concerning International Fire Service Accreditation
Congress (IFSAC) certification, in Chapter 431, entitled Fire Investigation.
The amendment is adopted without changes to the proposed text published in
the November 21, 2003, issue of the
Texas Register
(28 TexReg 10429) and will not be republished.
The amendment adds language to subsection (a) to clarify who may apply
for IFSAC certification as an Arson Investigator, stating that not only those
individuals who currently hold TCFP Arson Investigator certification, but
those who are eligible to hold that certification by virtue of having passed
the applicable test, may apply for the IFSAC certification in their discipline.
No comments were received regarding the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §419.022, which
provides the TCFP with the authority to establish minimal requirements for
fire protection personnel.
Texas Government Code, §419.022 is affected by the adopted amendment.
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 January 28, 2004.
TRD-200400558
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: February 17, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 239-4921
37 TAC §437.17
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §437.17, concerning records reviews fees, in Chapter 437,
entitled Fees. The amendment is adopted without changes to the proposed text
published in the November 21, 2003 issue of the
Texas Register
(28 TexReg 10429) and will not be republished.
The amendment removes language exempting holders of IFSAC seals from paying
a record review fee prior to testing for certification. The commission now
offers reciprocity for IFSAC seals.
No comments were received regarding the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties.
Texas Government Code, §419.008 is affected by the adopted amendment.
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 January 28, 2004.
TRD-200400559
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: February 17, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 239-4921
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §439.1
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §439.1 concerning general requirements, in Chapter 439,
entitled Examinations for Certification. The amendment is adopted with changes
to the proposed text published in the September 5, 2003, issue of the
The amendment to §439.1 makes grammatical corrections to subsection
(a) for the sake of clarity. The changes to the proposal are nonsubstantive,
consisting of the inadvertent omission of existing rule language in the proposal
as submitted to the
Texas Register
by the
agency. A Correction of Error notice was published in the September 19, 2003,
issue of the
Texas Register
(28 TexReg 8180)
with the correct version of subsection (a). The proposed amendment to subsection
(a) should have read as follows (the existing text originally omitted from
the proposed version in the September 5, 2003, issue is shown in italics):
"(a) In order to be certified by the commission as fire protection personnel,
an individual must
possess valid documentation of
accreditation from the International Fire Service Accreditation Congress in
the applicable discipline or
complete an approved curriculum as required
for that discipline and pass a commission examination pertaining to the applicable
discipline."
No comments were received regarding the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties, and Texas Government Code, §419.034, which
sets out procedures regarding testing for proof of proficiency when a certificate
has been expired one year or longer, and authorizes the TCFP to enforce those
procedural requirements and to charge a fee for testing.
Texas Government Code, §419.034 is affected by the adopted amendment.
§439.1.Requirements--General.
(a)
In order to be certified by the commission as fire protection
personnel, an individual must possess valid documentation of accreditation
from the International Fire Service Accreditation Congress in the applicable
discipline or complete an approved curriculum as required for that discipline
and pass a commission examination pertaining to the applicable discipline.
(b)
The commission examination shall consist of at least a
written test.
(c)
The commission examination may also include a performance
test. If a performance test is included in the examination then the written
test and the performance test together constitute a complete examination.
(d)
Commission examinations that receive a passing grade shall
expire two years from the date of the examination.
(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 examinations to maintain the integrity
of any state examination (or portion thereof) for which they are responsible.
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 January 28, 2004.
TRD-200400560
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: February 17, 2004
Proposal publication date: September 5, 2003
For further information, please call: (512) 239-4921
37 TAC §443.9
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §443.9, concerning the National Fire Protection Association
(NFPA) Standard, in Chapter 443, entitled Certification Curriculum Manual.
The amendment is adopted without changes to proposed text published in the
November 21, 2003 issue of the
Texas Register
(28
TexReg 10430) and will not be republished.
The amendment changes the time frame within which all curricula must meet
new NFPA Standards to three years from the official adoption date of that
new standard.
No comments were received regarding the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §419.029, which
gives the TCFP the authority to set training curricula.
Texas Government Code, §419.008 and §419.029 are affected by
the adopted amendment.
§443.9.National Fire Protection Association Standard.
(a)
All curricula for fire protection personnel must, as a
minimum, meet the standards, to include manipulative skills objectives and
knowledge objectives, of the current NFPA standard pertaining to the discipline,
if such a standard exist and subject to subsection (c) of this section.
(b)
New curricula presented to the Fire Fighter Advisory Committee
must, as a minimum, meet the standards of the current edition of the applicable
NFPA standard for the discipline, if such a standard exist.
(c)
If a NFPA standard is adopted or an existing NFPA standard
is revised, all curricula for fire protection personnel must meet the standards
of the new or revised applicable NFPA standard within three years of the official
adoption date of the applicable NFPA standard.
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 January 28, 2004.
TRD-200400561
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: February 17, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 239-4921
Chapter 421.
STANDARDS FOR CERTIFICATION
Chapter 423.
FIRE SUPPRESSION
Chapter 431.
FIRE INVESTIGATION
Chapter 437.
FEES
Chapter 439.
EXAMINATIONS FOR CERTIFICATION
Chapter 443.
CERTIFICATION CURRICULUM MANUAL
Chapter 463.
APPLICATION CRITERIA