The Texas Commission on Fire Protection (TCFP) proposes amendments to §431.11 and §431.201, concerning minimum standards for arson investigator certification and fire investigator certification, in Chapter 431, entitled Fire Investigation. The purpose of the proposed amendments is to remedy a problem which currently exists in which individuals who hold certification as an arson investigator would lose their arson investigator certification if their commission as a peace officer is no longer sponsored by a legal jurisdiction. The proposed amendments would remove, for these individuals, the necessity of going through fire investigator training and testing again, as it is essentially the same training and testing they had already taken to become an arson investigator.

The proposed amendment to §431.11, Minimum Standards for Arson Investigator Certification for Law Enforcement Personnel, adds a provision that commission-certified fire investigators will qualify for similar-level arson investigator certification if they are a law enforcement officer employed or commissioned by a law enforcement agency as a peace officer, and if they are designated as an arson investigator by an appropriate local authority.

The proposed amendment to §431.201, Minimum Standards for Fire Investigation Personnel, changes the procedure by which individuals who have previously held arson investigator certification, but no longer hold a current commission as a peace officer, would be able to qualify for fire investigator certification of a similar level. As the rule is currently written, such an individual would have to submit an application for certification form and fee. The proposed change would automatically identify such an individual as a fire investigator in the commission’s database, and would only require the application form and fee if the individual wished to obtain a printed certificate.

The TCFP has determined these amendments to be in compliance with Texas Government Code, §419.022(b).

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the proposed amendments 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 amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be a larger pool of certified fire investigators able to respond to incidents requiring a determination of fire cause, and the assurance that such incidents will be investigated by a fire investigator holding a current certification, and not an arson investigator who may not realize that his certification is no longer valid through a technicality.

There are no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed 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. Comments must be received within 30 days of publication of this proposal in the Texas Register.

Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION