Part 13. TEXAS COMMISSION ON FIRE PROTECTION
The Texas Commission on Fire Protection (the Commission) adopts the repeal of Chapter 407, Administration, consisting of the following sections: §407.1, Inscription on Texas Commission on Fire Protection Vehicles; §407.3, Historically Underutilized Businesses; and §407.5, State Vehicle Management. This repeal is adopted without changes to the proposal as published in the March 2, 2007, issue of the Texas Register (32 TexReg 1049) and will not be republished.
The Commission adopts the repeal of §407.1 and §407.5 because the rules have become obsolete. The Commission no longer owns or operates state vehicles.
No comments were received from the public regarding this repeal.
This repeal is adopted under Texas Government Code, §419.008, which provides the Commission with the authority to adopt rules for the administration of its powers.
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 April 19, 2007.
TRD-200701488
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 9, 2007
Proposal publication date: March 2, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) adopts new §407.1, Historically Underutilized Businesses. The new section is adopted with changes to the proposed text as published in the March 2, 2007, issue of the Texas Register (32 TexReg 1049) and will be republished.
The new section is adopted because of the requirement by the Texas Government Code, §2161.003 (as added by the 76th Legislature, effective September 1, 1999), that the Commission adopt, by reference, the Texas Building and Procurement Commission rules relating to the Historically Underutilized Business Program.
No comments were received from the public regarding the proposed new section.
The new section is adopted under Texas Government Code, §419.008, which provides the Commission with the authority to adopt rules for the administration of its powers and duties.
§407.1.Historically Underutilized Businesses.
(a) The Commission adopts by reference the rules of the Texas Building and Procurement Commission in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B (relating to Historically Underutilized Business Program). Certification of a business as a historically underutilized business remains the responsibility of the Texas Building and Procurement Commission.
(b) The adoption of this rule is required by Texas Government Code, §2161.003 (as added by the 76th Legislature, effective September 1, 1999).
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 April 19, 2007.
TRD-200701482
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 9, 2007
Proposal publication date: March 2, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) adopts amendments to §421.3, Minimum Standards Set by the Commission; and §421.5, Definitions. The amendments are adopted with changes to the proposed text as published in the March 2, 2007, issue of the Texas Register (32 TexReg 1050) and will be republished.
The amendment to §421.3 adds position descriptions for Fire Officer I and Fire Officer II, which had not previously existed in §421.3. The amendment to §421.5 is adopted to change the word "certification" to "eligibility" for a fire service instructor.
The adopted amendments clarify the Commission's minimum standards and definitions for fire officer and fire instructor personnel.
No comments were received from the public regarding the proposed amendments.
The amendments are adopted under §419.022(b) of the Texas Government Code.
§421.3.Minimum Standards Set by the Commission.
(a) General statement. It shall be clearly understood that the specified minimum standards herein described are designated as a minimum program. Employing entities are encouraged to exceed the minimum program wherever possible. Continuous in-service training beyond the minimum standards for fire protection personnel is strongly recommended. Nothing in these regulations shall limit or be construed as limiting the powers of the Civil Service Commission, or the employing entity, to enact rules and regulations which establish a higher standard of training than the minimum specified, or which provides for the termination of the services of unsatisfactory employees during or upon completion of the prescribed probationary period.
(b) Functional position descriptions.
(1) Structural fire protection personnel. The following general position description for structural fire protection personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the fire fighter operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. Successfully complete a Commission approved course; achieve a passing score on written and performance certification examinations; must be at least 18 years of age; generally, the knowledge and skills required show the need for a high school education or equivalent; ability to communicate verbally, via telephone and radio equipment; ability to lift, carry, drag, and balance weight equivalent to the average human weight; ability to interpret in English, written and oral instructions; ability to work effectively in high stress situations; ability to work effectively in an environment with loud noises and flashing lights; ability to function through an entire work shift; ability to calculate weight and volume ratios; ability to read and understand English language manuals including chemical, medical and technical terms, and road maps; ability to accurately discern street signs and address numbers; ability to document in English, all relevant information in prescribed format in light of legal ramifications of such; ability to converse in English with coworkers and other emergency response personnel. Good manual dexterity with ability to perform all tasks related to the protection of life and property; ability to bend, stoop, and crawl on uneven surfaces; ability to withstand varied environmental conditions such as extreme heat, cold, and moisture; and ability to work in low or no light, confined spaces, elevated heights and other dangerous environments.
(B) Competency. A basic fire fighter must demonstrate competency handling emergencies utilizing equipment and skills in accordance with the objectives in Chapter 1 of the Commission's Certification Curriculum Manual.
(2) Aircraft rescue fire fighting personnel. The following general position description for aircraft rescue fire fighting personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of aircraft rescue fire fighting personnel operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to the qualifications for basic structural fire protection personnel: familiarity with geographic and physical components of an airport; ability to use and understand communication equipment, terminology, and procedures utilized by airports; ability and knowledge in the application of fire suppression agents; and ability to effectively perform fire suppression and rescue operations.
(B) Competency. Basic fire fighting and rescue personnel must demonstrate competency handling emergencies utilizing equipment and skills in accordance with the objectives in Chapter 2 of the Commission's Certification Curriculum Manual.
(3) Marine fire protection personnel. The following general position description for marine fire protection personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the marine fire fighter operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to the qualifications for basic structural fire protection personnel: familiarity with geographic and physical components of a navigable waterway; ability to use and understand communication equipment, terminology, and procedures used by the maritime industry; and knowledge in the operation of fire fighting vessels.
(B) Competency. A marine fire fighter must demonstrate competency in handling emergencies utilizing equipment and skills in accordance with the objectives in Chapter 3 of the Commission's Certification Curriculum Manual.
(4) Fire inspection personnel. The following general position description for fire inspection personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the fire inspector operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. Successfully complete a Commission approved course; achieve a passing score on certification examinations; must be at least 18 years of age; generally, the knowledge and skills required show the need for a high school education or equivalent; ability to communicate verbally, via telephone and radio equipment; ability to lift, carry, and balance weight equivalent to weight of common tools and equipment necessary for conducting an inspection; ability to interpret written and oral instructions; ability to work effectively with the public; ability to work effectively in an environment with potentially loud noises; ability to function through an entire work shift; ability to calculate area, weight and volume ratios; ability to read and understand English language manuals including chemical, construction and technical terms, building plans and road maps; ability to accurately discern street signs and address numbers; ability to document, in writing, all relevant information in prescribed format in light of legal ramifications of such; ability to converse in English with coworkers and other personnel. Demonstrate knowledge of characteristics and behavior of fire, and fire prevention principles. Good manual dexterity with the ability to perform all tasks related to the inspection of structures and property; ability to bend, stoop, and crawl on uneven surfaces; ability to climb ladders; ability to withstand varied environmental conditions such as extreme heat, cold, and moisture; and the ability to work in low light, confined spaces, elevated heights, and other dangerous environments.
(B) Competency. A fire inspector must demonstrate competency in conducting inspections utilizing equipment and skills in accordance with the objectives in Chapter 4 of the Commission's Certification Curriculum Manual.
(5) Fire Investigator personnel. The following general position description for fire investigator personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the fire investigator operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. Successfully complete a Commission approved course; achieve a passing score on certification examinations; be at least 18 years of age; generally, the knowledge and skills required show the need for a high school education or equivalent; ability to communicate verbally, via telephone and radio equipment; ability to lift, carry, and balance weight equivalent to weight of common tools and equipment necessary for conducting an investigation; ability to interpret written and oral instructions; ability to work effectively with the public; ability to work effectively in a hazardous environment; ability to function through an entire work shift; ability to calculate area, weight and volume ratios; ability to read and understand English language manuals including chemical, legal and technical terms, building plans and road maps; ability to accurately discern street signs and address numbers; ability to document, in writing, all relevant information in prescribed format in light of legal ramifications of such; ability to converse in English with coworkers and other personnel. Good manual dexterity with the ability to perform all tasks related to fire investigation; ability to bend, stoop, and walk on uneven surfaces; ability to climb ladders; ability to withstand varied environmental conditions such as extreme heat, cold and moisture; and the ability to work in low light, confined spaces, elevated heights and other potentially dangerous environments.
(B) Competency. A fire investigator or arson investigator must demonstrate competency in determining fire cause and origin utilizing equipment and skills in accordance with the objectives in Chapter 5 of the Commission's Certification Curriculum Manual.
(6) Hazardous Materials Technician personnel. The following general position description for hazardous materials personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the hazardous materials technician operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to the qualifications for basic structural fire protection personnel: analyze a hazardous materials incident, plan a response, implement the planned response, evaluate the progress of the planned response, and terminate the incident.
(B) Competency. A hazardous materials technician must demonstrate competency handling emergencies resulting from releases or potential releases of hazardous materials, using specialized chemical protective clothing and control equipment in accordance with the objectives in Chapter 6 of the Commission's Certification Curriculum Manual.
(7) Driver/Operator-Pumper personnel. The following general position description for driver/operator-pumper personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the driver/operator-pumper of a fire department pumper operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to the qualifications for basic structural fire protection personnel: ability to perform specified routine test, inspection, and maintenance functions; ability to perform practical driving exercises; ascertain the expected fire flow; ability to position a fire department pumper to operate at a fire hydrant; ability to produce effective streams; and supply sprinkler and standpipe systems.
(B) Competency. A driver/operator-pumper must demonstrate competency operating a fire department pumper in accordance with the objectives in Chapter 7 of the Commission's Certification Curriculum Manual.
(8) Fire Officer I personnel. The following general position description for Fire Officer I personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Officer I operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to the qualifications for basic structural fire protection and Fire Instructor I personnel: supervise personnel, assign tasks at emergency operations, direct personnel during training activities, recommend action for member-related problems, coordinate assigned tasks and projects, deal with inquiries and concerns from members of the community, implement policies, perform routine administrative functions, perform preliminary fire investigation, secure an incident scene and preserve evidence, develop pre-incident plans, supervisory emergency operations, develop and implement action plans, deploy assigned resources, ensure a safe work environment for personnel, conduct initial accident investigation, and document an incident.
(B) Competency. A Fire Officer I must demonstrate competency in handling emergencies and supervising personnel utilizing skills in accordance with the objectives in Chapter 9 of the Commission's Certification Curriculum Manual.
(9) Fire Officer II personnel. The following general position description for Fire Officer II personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Officer II operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to the qualifications for Fire Officer I and Fire Instructor I personnel: motivate members for maximum job performance, evaluate job performance, deliver life safety and fire prevention education programs, prepare budget requests, news releases, and policy changes, conduct pre-incident planning, fire inspections, and fire investigations, supervise multi-unit emergency operations, identify unsafe work environments or behaviors, review injury, accident, and exposure reports.
(B) Competency. A Fire Officer II must demonstrate competency in supervising personnel and coordinating multi-unit emergency operations utilizing skills in accordance with the objectives in Chapter 9 of the Commission's Certification Curriculum Manual.
(10) Fire Service Instructor I personnel. The following general position description for Fire Service Instructor I personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Service Instructor I operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to successfully completing a Commission approved course and achieving a passing score on the certification examination: deliver instruction effectively from a prepared lesson plan, including use of instructional aids and evaluation instruments; adapt lessons plans to the unique requirements of both students and the authority having jurisdiction; organize the learning environment so that learning is maximized; and meet the record-keeping requirements of the authority having jurisdiction.
(B) Competency. A Fire Service Instructor I must demonstrate competency in delivering instruction in an environment organized for efficient learning while meeting the record-keeping needs of the authority having jurisdiction, utilizing skills in accordance with the objectives in Chapter 8 of the Commission's Certification Curriculum Manual.
(11) Fire Service Instructor II personnel. The following general position description for Fire Service Instructor II personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Service Instructor II operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to successfully completing a Commission approved course, achieving a passing score on the certification examination, and meeting the qualifications for Fire Service Instructor I: develop individual lesson plans for a specific topic including learning objectives, instructional aids, and evaluation instruments; schedule training sessions based on the overall training plan of the authority having jurisdiction; and supervise and coordinate the activities of other instructors.
(B) Competency. A Fire Service Instructor II must demonstrate competency in developing individual lesson plans; scheduling training sessions; and supervising other instructors, utilizing skills in accordance with the objectives in Chapter 8 of the Commission's Certification Curriculum Manual.
(12) Fire Service Instructor III personnel. The following general position description for Fire Service Instructor III personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Service Instructor III operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to successfully completing a Commission approved course, achieving a passing score on the certification examination, and meeting the qualifications for Fire Service Instructor II: develop comprehensive training curricula and programs for use by single or multiple organizations; conduct organizational needs analysis; and develop training goals and implementation strategies.
(B) Competency. A Fire Service Instructor III must demonstrate competency in developing comprehensive training curricula and programs; conducting organizational needs analysis; and developing training goals and implementation strategies, utilizing skills in accordance with the objectives in Chapter 8 of the Commission's Certification Curriculum Manual.
§421.5.Definitions.
The following words and terms, when used in this standards manual, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Admission to employment--An entry level full-time employee of a local government entity in one of the categories of fire protection personnel.
(2) Appointment--The designation or assignment of a person to a discipline regulated by the Commission. The types of appointments are:
(A) permanent appointment--The designation or assignment of certified fire protection personnel or certified part time fire protection employees to a particular discipline (See Texas Government Code, §419.032); and
(B) probationary or temporary appointment--The designation or assignment of an individual to a particular discipline, except for head of a fire department, for which the individual has passed the Commission's certification and has met the medical requirement of §423.1(b) of this title, if applicable, but has not yet been certified. (See Texas Government Code, §419.032.)
(3) Approved training--Any training used for a higher level of certification must be approved by the Commission and assigned to either the A-List or the B-List. The training submission must be in a manner specified by the Commission and contain all information requested by the Commission. The Commission will not grant credit twice for the same subject content or course. Inclusion on the A-List or B-List does not preclude the course approval process as stated elsewhere in the Standards Manual.
(4) Assigned/work--A fire protection personnel or a part-time fire protection employee shall be considered "assigned/working" in a position, any time the individual is receiving compensation and performing the duties that are regulated by the Texas Commission on Fire Protection certification and has been permanently appointed, as defined in this section, to the particular discipline.
(5) Assistant fire chief--The officer occupying the first position subordinate to the head of a fire department.
(6) Auxiliary fire fighter--A volunteer fire fighter.
(7) Benefits--Benefits shall include, but are not limited to, inclusion in group insurance plans (such as health, life, and disability) or pension plans, stipends, free water usage, and reimbursed travel expenses (such as meals, mileage, and lodging).
(8) Chief Training Officer--The individual, by whatever title he or she may be called, who coordinates the activities of a certified training facility.
(9) Class hour--Defined as not less than 50 minutes of instruction, also defined as a contact hour; a standard for certification of fire protection personnel.
(10) Code--The official legislation creating the Commission.
(11) College credits--Credits earned for studies satisfactorily completed at a regionally accredited institution of higher education and including National Fire Academy (NFA) open learning program colleges, or courses recommended for college credit by the American Council on Education (ACE) or delivered through the National Emergency Training Center (both EMI and NFA) programs. A course of study satisfactorily completed and identified on an official transcript from a college or in the ACE National Guide that is primarily related to Fire Service, Emergency Medicine, Emergency Management, or Public Administration is defined as applicable for Fire Science college credit, and is acceptable for higher levels of certification.
(12) Commission--Texas Commission on Fire Protection.
(13) Commission-recognized training--A curriculum or training program which carries written approval from the Commission, or credit hours that appear on an official transcript from an accredited college or university, or any fire service training received from a nationally recognized source, i.e., the National Fire Academy.
(14) Compensation--Compensation is to include wages, salaries, and "per call" payments (for attending drills, meetings or answering emergencies).
(15) Expired--Any certification that has not been renewed on or before the end of the certification period.
(16) Federal fire fighter--A person as defined in the Texas Government Code, §419.084(h).
(17) Fire chief--The head of a fire department.
(18) Fire department--A department of a local government that is staffed by one or more fire protection personnel or part-time fire protection employees.
(19) Fire protection personnel--Any person who is a permanent full-time employee of a fire department or governmental entity and who is appointed duties in one of the following categories/disciplines: fire suppression, fire inspection, fire and arson investigation, marine fire fighting, aircraft rescue fire fighting, fire training, fire education, fire administration and others employed in related positions necessarily or customarily appertaining thereto.
(20) Fire suppression duties--Engaging in the controlling or extinguishment of a fire of any type or performing activities which are required for and directly related to the control and extinguishment of fires or standing by on the employer's premises or apparatus or nearby in a state of readiness to perform these duties.
(21) Full-time--An officer or employee is considered full-time if the employee works an average of 40 hours a week or averages 40 hours per week or more during a work cycle in a calendar year. For the purposes of this definition paid leave will be considered time worked.
(22) Government entity--The local authority having jurisdiction as employer of full-time fire protection personnel in a state agency, incorporated city, village, town or county, education institution or political subdivision.
(23) High school--A school accredited as a high school by the Texas Education Agency or equivalent accreditation agency from another jurisdiction.
(24) Immediately dangerous to life or health (IDLH)--An atmosphere that poses an immediate threat to life, would cause irreversible adverse health effects, or would impair an individual's ability to escape from a dangerous atmosphere.
(25) Incipient stage fire--A fire which is in the initial or beginning stage and which can be controlled or extinguished by portable fire extinguishers, Class II standpipe or small hose systems without the need for protective clothing or breathing apparatus.
(26) Interior structural fire fighting--The physical activity of fire suppression, rescue or both, inside of buildings or enclosed structures which are involved in a fire situation beyond the incipient stage. (See 29 CFR §1910.155)
(27) Lead instructor--An individual qualified as an instructor to deliver fire protection training.
(28) Municipality--Any incorporated city, village, or town of this state and any county or political subdivision or district in this state. Municipal pertains to a municipality as herein defined.
(29) National Fire Academy semester credit hours--The number of hours credited for attendance of National Fire Academy courses is determined as recommended in the most recent edition of the "National Guide to Educational Credit for Training Programs," American Council on Education (ACE).
(30) Non-self-serving affidavit--A sworn document executed by someone other than the individual seeking certification.
(31) Participating volunteer fire fighter--An individual who voluntarily seeks certification and regulation by the Commission under the Government Code, Chapter 419, Subchapter D.
(32) Participating volunteer fire service organization--A fire department that voluntarily seeks regulation by the Commission under the Government Code, Chapter 419, Subchapter D.
(33) Part-time fire protection employee--An individual who is appointed as a part-time fire protection employee and who receives compensation, including benefits and reimbursement for expenses. A part-time fire protection employee is not full-time as defined in this section.
(34) Personal alert safety system (PASS)--Devices that are certified as being compliant with NFPA 1982, and that automatically activates an alarm signal (which can also be manually activated) to alert and assist others in locating a fire fighter or emergency services person who is in danger.
(35) Political subdivision--A political subdivision of the State of Texas that includes, but is not limited to the following:
(A) city;
(B) county;
(C) school district;
(D) junior college district;
(E) levee improvement district;
(F) drainage district;
(G) irrigation district;
(H) water improvement district;
(I) water control and improvement district;
(J) water control and preservation district;
(K) freshwater supply district;
(L) navigation district;
(M) conservation and reclamation district;
(N) soil conservation district;
(O) communication district;
(P) public health district;
(Q) river authority;
(R) municipal utility district;
(S) transit authority;
(T) hospital district;
(U) emergency services district;
(V) rural fire prevention district; and
(W) any other governmental entity that:
(i) embraces a geographical area with a defined boundary;
(ii) exists for the purpose of discharging functions of the government; and
(iii) possesses authority for subordinate self-government through officers selected by it.
(36) Reciprocity for IFSAC seals--Valid documentation of accreditation from the International Fire Service Accreditation Congress used for TCFP certification which must be issued from another jurisdiction and which may only be used for obtaining initial certification.
(37) Recognition of training--A document issued by the Commission stating that an individual has completed the training requirements of a specific phase level of the Basic Fire Suppression Curriculum.
(38) School--Any school, college, university, academy, or local training program which offers fire service training and included within its meaning the combination of course curriculum, instructors, and facilities.
(39) Structural fire protection personnel--Any person who is a permanent full-time employee of a government entity who engages in fire fighting activities involving structures and may perform other emergency activities typically associated with fire fighting activities such as rescue, emergency medical response, confined space rescue, hazardous materials response, and wildland fire fighting.
(40) Trainee--An individual who is participating in a Commission approved training program.
(41) Volunteer fire protection personnel--Any person who has met the requirements for membership in a volunteer fire service organization, who is assigned duties in one of the following categories: fire suppression, fire inspection, fire and arson investigation, marine fire fighting, aircraft rescue fire fighting, fire training, fire education, fire administration and others in related positions necessarily or customarily appertaining thereto.
(42) Volunteer fire service organization--A volunteer fire department or organization not under mandatory regulation by the Texas Commission on Fire Protection.
(43) Years of experience--For purposes of higher levels of certification or 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 successfully completed, as a minimum, the requirements for an Emergency Care Attendant (ECA) as specified by the Department of State Health Services (DSHS), or its successor agency, 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, as a minimum, the requirements for an Emergency Care Attendant (ECA) as specified by the Department of State Health Services (DSHS), or its successor agency, or its equivalent; or
(iv) for fire service instructor eligibility only, a State Firemen's and Fire Marshals' Association Level II Instructor Certification, or an equivalent instructor certification from the Texas Department of State Health Services (DSHS) or the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). Documentation of at least three years of experience as a volunteer in the fire service shall be in the form of a non self-serving sworn affidavit.
(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 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 April 19, 2007.
TRD-200701483
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 9, 2007
Proposal publication date: March 2, 2007
For further information, please call: (512) 936-3838
37 TAC §§425.1, 425.3, 425.5, 425.7
The Texas Commission on Fire Protection (the Commission) adopts amendments to §425.1, Minimum Standards for Fire Service Instructor Certification; §425.3, Minimum Standards for Fire Service Instructor I Certification; §425.5, Minimum Standards for Fire Service Instructor II Certification; and §425.7, Minimum Standards for Fire Service Instructor III Certification. The amendments are adopted with changes to the proposed text as published in the March 2, 2007, issue of the Texas Register (32 TexReg 1051) and will be republished.
These amendments clarify and delete outdated language in the rules.
The purpose of these amendments is to remove outdated language and add reciprocity for IFSAC seals.
No comments were received from the public regarding the proposed amendments.
The amendments are adopted under §419.022(b) of the Texas Government Code.
§425.1.Minimum Standards for Fire Service Instructor Certification.
(a) Training programs that are intended to satisfy the requirements for fire service instructor certification must meet the curriculum and competencies based upon NFPA 1041. All applicants for certification must meet the examination requirements of this section.
(b) Prior to being appointed to fire service instructor duties, all personnel must complete a Commission approved fire service instructor program and successfully pass the Commission examination pertaining to that curriculum.
(c) An out-of-state, military, or federal instructor training program may be accepted by the Commission as meeting the training requirements for certification as a fire service instructor if the training has been submitted to the Commission for evaluation and found to be equivalent to or to exceed the Commission-approved instructor course for that particular level of fire service instructor certification.
(d) An individual who holds a bachelors degree or higher in education from a regionally accredited educational institution or a teaching certificate issued by the Texas State Board of Education is considered to have training equivalent to the Commission's curriculum requirements for Instructor I, II and III training.
(e) Personnel holding any level of fire service instructor certification must comply with the continuing education requirements specified in §441.21 of this title.
§425.3.Minimum Standards for Fire Service Instructor I Certification.
(a) In order to become certified as a Fire Service Instructor I an individual must:
(1) have a minimum of three years of experience (as defined in §421.5(43) of this title) in fire protection in one or more or any combination of the following:
(A) a paid, volunteer, or regulated non-governmental fire department; or
(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and
(i) possess valid documentation of accreditation from the International Fire Service Accreditation Congress (IFSAC) as a Fire Instructor I or II or III; or
(ii) have completed the appropriate curriculum for Fire Service Instructor I contained in Chapter 8 of the Commission's Certification Curriculum Manual, or meet the equivalence as specified in §425.1(d) of this title; and
(iii) successfully pass the applicable Commission examination as specified in Chapter 439 of this title; and
(2) have completed the field examiner orientation course as specified in Chapter 439 of this title.
(b) In order to qualify for the Fire Service Instructor I examination the individual must meet the years of experience and training requirements as outlined in this section.
§425.5.Minimum Standards for Fire Service Instructor II Certification.
(a) In order to become certified as a Fire Service Instructor II, an individual must:
(1) hold as a prerequisite a Fire Instructor I certification as defined in §425.3 of this title; and
(2) have a minimum of three years of experience (as defined in §421.5(43) of this title) in fire protection in one or more or any combination of the following:
(A) a paid, volunteer, or regulated non-governmental fire department; or
(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and
(i) possess valid documentation of accreditation from the International Fire Service Accreditation Congress (IFSAC) as a Fire Instructor II, or III; or
(ii) have completed the appropriate curriculum for Fire Service Instructor II contained in Chapter 8 of the Commission's Certification Curriculum Manual, or meet the equivalence as specified in §425.1(d) of this title; and
(iii) successfully pass the applicable Commission examination as specified in Chapter 439 of this title.
(b) In order to qualify for the Fire Service Instructor II examination the individual must meet the years of experience and training requirements as outlined in this section.
§425.7.Minimum Standards for Fire Service Instructor III Certification.
(a) In order to become certified as a Fire Service Instructor III an individual must:
(1) hold as a prerequisite a Fire Instructor II Certification as defined in §425.5 of this title; and
(2) have a minimum of three years of experience (as defined in §421.5(43) of this title) in fire protection in one or more or any combination of the following:
(A) a paid, volunteer, or regulated non-governmental fire department; or
(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and
(i) possess valid documentation of accreditation from the International Fire Service Accreditation Congress (IFSAC) as a Fire Instructor III; or
(ii) have completed the appropriate curriculum for Fire Service Instructor III contained in Chapter 8 of the Commission's Certification Curriculum Manual, or meet the equivalence as specified in §425.1(d) of this title; and
(iii) successfully pass the applicable Commission examination as specified in Chapter 439 of this title; and either
(I) hold as a prerequisite an advanced structural fire protection personnel certification, an advanced aircraft fire protection personnel certification, advanced marine fire protection personnel certification, advanced inspector certification, advanced fire investigator, or advanced arson investigator certification; or
(II) have 60 college hours from a regionally accredited educational institution; or
(III) hold an associate degree from a regionally accredited educational institution.
(b) In order to qualify for the Fire Service Instructor III examination the individual must meet the years of experience and training requirements as outlined in this section.
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 April 19, 2007.
TRD-200701484
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 9, 2007
Proposal publication date: March 2, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) adopts the repeal of §425.13, Individuals Serving as a Coordinator Prior to March 1, 2006. The repeal is adopted without changes to the proposal as published in the March 2, 2007, issue of the Texas Reigster (32 TexReg 1052) and will not be republished.
The Commission has adopted the repeal of §425.13, because it has become obsolete. This section is a grandfather clause that is due to expire March 1, 2007.
No comments were received from the public regarding the proposed repeal.
The repeal is adopted under Texas Government Code, §419.008, which provides the Commission with the authority to adopt rules for the administration of its powers and duties; Texas Government Code, §419.022, which provides the Commission with authority to establish minimum educational, training, physical, and mental standards; and Texas Government Code, §419.032(b), which provides the Commission with the authority to establish minimum qualifications relating to continuing education programs and other matters that relate to the competence and reliability of persons to assume and discharge the responsibilities of fire protection personnel, and to prescribe the means of presenting evidence of fulfillment of those qualifications.
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 April 19, 2007.
TRD-200701486
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 9, 2007
Proposal publication date: March 2, 2007
For further information, please call: (512) 936-3838
Subchapter D. CERTIFIED TRAINING FACILITIES
37 TAC §§427.401, 427.403, 427.405, 427.407, 427.409, 427.411
The Texas Commission on Fire Protection (the Commission) adopts new Subchapter D, §§427.401, 427.403, 427.405, 427.407, 427.409, and §427.411, concerning certified training facilities in Chapter 427, entitled Training Facility Certification. The new sections are adopted with changes to the proposed text as published in the March 2, 2007, issue of the Texas Register (32 TexReg 1053) and will be republished.
The purpose of the adopted new rules is to require privately owned fire academies to meet the same standards as other schools that teach the development of career skills for fire protection personnel.
No comments were received from the public regarding the proposed new rules.
These new rules are adopted under §419.022(b) and §419.008 of the Texas Government Code, which provides the Commission with the authority to adopt rules for the administration of its powers and duties; Texas Government Code, §419.022(a)(5), which provides the Commission with the authority to establish minimum educational, training, physical, and mental standards for appointment as fire protection personnel.
§427.401.General Provisions for Training Facilities Not Owned by the State of Texas or Operated by a Political Subdivision of the State of Texas.
(a) The provisions in this subchapter apply only to certified training facilities that are not owned or operated by the State of Texas or a political subdivision of the State of Texas.
(b) Training facilities seeking certification under this subchapter must comply with all the provisions of this chapter and must also meet and comply with all Commission rules.
(c) Training facilities seeking certification under this subchapter must apply for training facility certification in each discipline they wish to teach.
(d) In order to become a Commission approved training facility under this subchapter; the provider must submit a completed Commission training facility application for certification with supporting documentation and fees. Supporting documentation will consist of:
(1) descriptions, photos and addresses of where the provider will have their course delivery and materials;
(2) documentation of how the provider will meet all the minimum requirements for each discipline for which it seeks certification;
(3) complete and correct financial statements, as specified in this subchapter, demonstrating the facility is financially stable and capable of fulfilling its commitments for training;
(4) statement of ownership which identifies the owners, stockholders, partners, representatives, management, trustees, board members;
(5) documentation showing registration with the Texas Secretary of State as a business.
§427.403.Financial Standards.
(a) Definitions Relating to Financial Requirements.
(1) Balance Sheet--A statement of financial position or statement of condition, showing the status of assets, liabilities and owner equity for a defined period i.e., monthly, quarterly, etc.
(2) Current ratio--ability to pay current obligations from current assets.
(3) Generally Accepted Accounting Principles (GAAP)--Conventions, rules and procedures that define accepted accounting practices to include both broad guidelines as well as detailed procedures.
(4) Generally Accepted Auditing Standards (GAAS)--Conventions, rules and procedures that define accepted audit practices.
(5) Stockholders Equity (net worth)--amount by which assets exceed liabilities.
(6) Sworn statement--A notarized statement including the following language: "I swear or affirm that the information in these statements is true and correct to the best of my knowledge."
(7) Unearned income (tuition) affidavit--A statement of income received but not yet earned during the current or most recent fiscal year. This is usually shown as a liability on a balance sheet, assuming it will be credited to income within the normal accounting cycle.
(b) The balance sheet required in this subchapter shall reflect the following:
(1) positive equity or net worth balance;
(2) unearned tuition as a current liability;
(3) a current ratio of at least one-to-one; (current assets divided by current liabilities) and
(4) stockholder's equity or net worth exceeding the amount shown for goodwill, if applicable, under assets in the balance sheet.
(c) Compilations shall be accompanied by the owner's sworn statement.
(d) All financial statements shall identify the name, license number, and licensing state of the accountant associated with the statements and be in accordance with GAAP.
(e) A school that maintains a financial responsibility composite score that meets the general standards established in federal regulations by the U.S. Department of Education for postsecondary institutions participating in student financial assistance programs authorized under Title IV of the Higher Education Act of 1965, as amended, shall be considered to have met the financial standards of this subchapter.
(f) A school that qualifies under an alternative standard but not the general standard of these federal regulations will not be considered to have met the financial standards of this subchapter unless the school meets the other requirements stated in this subchapter.
(g) Requirements for Original Approvals.
(1) The owner shall furnish the Commission with the following:
(A) a school owned by a sole proprietor must submit a reviewed personal balance sheet stating the disclosure of payments for the next five years to meet debt agreements as required by GAAP; or
(B) all other ownership structures must submit an audited balance sheet consistent with GAAP and GAAS and certified by an accountant.
(2) The facility shall submit a balance sheet, a list of the expected school-related expenses for the first three months of operation of the school; a sworn statement signed by the owner affirming the availability of sufficient cash to cover projected expenses at the date of the certification. Projected expenses may include the following:
(A) employee salaries, listed by position title, including withholding and unemployment taxes, and other related expenses;
(B) lease or rent payments for listed equipment;
(C) lease or rent payments for facilities;
(D) accounting, legal and other specifically identified professional fees;
(E) an estimate of expenses such as advertising, travel, textbooks, office and classroom supplies, printing, telephone, utilities, taxes;
(F) a projection of the gross amount of tuition and fees to be collected during each of the first two years of operation; and
(G) such other evidence as may be deemed appropriate by the Commission to establish financial stability.
(h) Prior to a change in ownership of a facility, the purchaser shall furnish the Commission a current balance sheet meeting the requirements outlined in this subchapter for original approvals, excluding the sufficient cash requirement for initial expenses. The purchaser shall furnish any other evidence deemed appropriate by the Commission to establish financial stability.
(i) The deletion or addition of any person that would be considered an owner is considered a change in facility ownership. The facility must notify the Commission of the change in ownership within 14 days of the transaction.
(j) The Commission may require submission of a full application for approval of a change in ownership.
(k) Management agreements must be disclosed to the Commission. Parties to a management agreement shall be of good reputation and character.
(l) The deletion, addition or moving of a facility will be reported to the Commission 14 days prior to the transaction.
(m) If the Commission determines that the deletion, addition or moving of a facility presents an unreasonable transportation hardship which would prevent a student from completing the training at the new location, the school shall provide a full refund of all monies paid and a release from all obligations to the student.
(n) The Commission shall be notified in writing of any legal action to which the facility, any of its owners, representatives or management employees is a party.
(o) The notification shall be within 14 days after the action is known to be filed or the facility, owner, representative or management employee is served.
(p) The facility shall include, with the required notice, a file-marked copy of the petition, complaint, or other legal instrument, including copies of any judgments.
(q) If the Commission determines that reasonable cause exists to question the validity of any financial information submitted, or the financial stability of the facility, the Commission may require at the facility's expense:
(1) an audit of the facility that has been certified by an accountant; or
(2) The owner must furnish any other evidence deemed appropriate by the Commission to establish financial stability.
(r) The entity certified under this subchapter shall maintain, in a permanent format that is acceptable and readily accessible to the Commission, a record of any funds received from, or on behalf of, the student. The entity shall clearly identify the payer, the type of funding, and the reason for the charges. These records shall be posted and kept current.
(s) An entity certified under this subchapter shall issue written receipts of any charges or payments to the student and maintain such records for review upon request by the Commission. Each separately charged item shall be clearly itemized on the student-signed receipt.
(t) An entity certified under this subchapter shall develop and maintain a cancellation and refund policy.
(u) The student shall be entitled to a full refund of all monies paid to the facility if classes or courses are cancelled by the facility.
(v) Classes or courses cancelled by the student, refund policies will be based on a prorated basis or percentage of the class or program completed by the student.
(w) An entity certified under this subchapter shall comply with Chapter 437.3 concerning certification and renewal fees.
(x) Upon application for renewal, an entity certified under this subchapter will provide a balance sheet with a sworn statement.
§427.405.Policy Regarding Complaints.
(a) Complaints. The entity shall:
(1) Submit a written grievance procedure designed to resolve disputes between current and former students and the school for Commission approval;
(2) Provide a copy of the grievance procedure to each student and maintain proof of such delivery;
(3) Maintain records regarding grievance filings and resolutions; and
(4) Diligently work to resolve all complaints at the local school level.
(b) Investigations.
(1) The Commission may investigate a complaint about an entity and may determine the extent of investigation needed by considering various factors, such as:
(A) the seriousness of the alleged violation;
(B) the source of the complaint;
(C) the school's history of compliance and complaints;
(D) the timeliness of the complaint; and
(E) any other reasonable matter deemed appropriate.
(2) The Commission may require documentation or other evidence of the violation before initiating a complaint investigation.
§427.407.School Responsibilities Regarding Instructors.
(a) The facility Chief Training Officer (CTO) shall ensure that there are an appropriate number of instructors.
(b) The facility CTO shall ensure that instructors are qualified to instruct in the subjects they are teaching or assisting.
(c) The facility CTO shall ensure continuity of instruction and that instructors provide students with a quality education.
(d) The facility CTO shall formally evaluate each instructor in writing at least annually and shall make the evaluations available for review by the Commission.
(e) The facility CTO shall ensure that students are allowed the opportunity to formally evaluate each instructor in writing and make the evaluations available for review by the Commission.
§427.409.Advertising.
(a) General Information for Advertising.
(1) A school shall not make deceptive statements in attempting to enroll students.
(2) The Commission may require a school to furnish proof to the Commission of any of its advertising claims.
(b) Advertisement Method.
(1) A school may advertise for prospective students under "instruction," "education," "training," or a similarly titled classification.
(2) No school advertisements shall use the word "wanted," "help wanted," or "trainee," either in the headline or the body of the advertisement, nor shall any advertisement indicate, in any manner, that the school has or knows of employment of any nature available to prospective students; only "placement assistance," if offered, may be advertised.
(3) A school shall not use terms to describe the significance of the approval that specify or connote greater approval. Terms that schools may not use to connote greater approval by the Commission include, but are not limited to, "accredited," "supervised," "endorsed," and "recommended." A school shall not use the words "guarantee," "guaranteed," or "free" unless approved in writing by the Commission.
(4) Any advertisement that includes a reference to awarding of credit hours shall include the statement, "limited transferability." Where a school has an arrangement with a college or university to accept transfer hours, such information may be advertised, but any limitations shall be included in the advertisement.
(c) Advertisement Content.
(1) Advertisement content shall include, and clearly indicate, the full and correct name of the school and its address, including city, as they appear on the certificate of approval.
(2) Advertisements shall not include:
(A) statements that the school or its programs are accredited unless the accreditation is that of an agency recognized by the United States Department of Education;
(B) statements that the school or its courses of instruction have been approved unless the approval can be substantiated by an appropriate certificate of approval issued by an agency of the state or federal government;
(C) statements that represent the school as an employment agency under the same name, or a confusingly similar name, or at the same location of the school; or
(D) statements as being Commission-approved or IFSAC approved in order to solicit students prior to receiving actual Commission approval. Any such activity by the school, prior to the Commission's approval of the training course, shall constitute misrepresentation by the training facility and shall entitle each student in the course to a full refund of all monies paid and a release from all obligations to the student".
(3) A school holding a franchise to offer specialized programs or subjects not available to other schools shall not advertise such programs in such a manner as to diminish the value and scope of programs offered by other schools not holding such a franchise. Advertising of special subjects or programs offered under a franchise shall be limited to the subject or programs offered.
(4) a school shall not use endorsements, commendations, or recommendations by students in favor of a school except with the consent of the student and without any offer of financial or other material compensation. Endorsements shall bear the legal or professional name of the student.
(5) a school shall not use a photograph, cut, engraving, illustration or graphic in advertising in such a manner as to:
(A) convey a false impression of size, importance, or location of the school, equipment, or facilities associated with the school, or
(B) circumvent any of the requirements of this subchapter regarding written or oral statements.
(6) Every advertisement must clearly indicate that training is being offered, and shall not, either by actual statement, omission, or intimation, imply that prospective employees are being sought.
(d) Financial Incentives. Advertisements shall not:
(1) state that students shall be guaranteed employment while enrolled in the school;
(2) state that employment shall be guaranteed for students after graduation; or
(3) misrepresent opportunities for employment upon completion of any program; or
(4) contain dollar amounts as representative or indicative of the earning potential of graduates unless those dollar amounts have been published by the United States Department of Labor. This provision shall not be construed as prohibiting the school from providing earning potential to the student individually on the student's receipt of enrollment policies or other such Commission-approved document.
(e) Advertisements for student tuition loans shall:
(1) contain the language "financial aid available, if qualified";
(2) appear in type no larger than the font used for the name of the school and in similar color and style; and
(3) does not preclude disclosure of the school's eligibility under the various state and federal loan programs.
(f) Advertisement Monitoring.
(1) The Commission may order corrective action to counteract the effect of advertising in violation of the Act or rules, including:
(A) retraction by the school of such advertising claims published in the same manner as the claims themselves; and
(B) cancellation of telephone numbers without an automatic forwarding message.
(2) As corrective action for violations of the Act or rules, the Commission may require schools to submit all advertisements to the Commission for pre-approval at least 30 days before proposed submission of the advertisements to the advertising medium.
(3) Nothing in these guidelines shall prohibit release of information to students as required by a state or federal agency.
§427.411.Cancellations or Suspensions.
(a) If an approved course of instruction is discontinued for any reason, the Commission shall be notified within 72 hours (9 days) of discontinuance and furnished with the names and addresses of any students who were prevented from completion of the course of instruction due to discontinuance. Should the school fail to make arrangements satisfactory to the students and the Commission for the completion of the course of instruction, the full amount of all tuition and fees paid by the students are then due and refundable. Any course of instruction discontinued will be removed from the list of approved courses of instruction.
(b) The Commission may suspend enrollments in a particular course of instruction at any time the Commission finds cause. For purposes of this subsection, cause includes, but is not limited to:
(1) inadequate instruction;
(2) unapproved or inadequate curriculum;
(3) inadequate equipment; or
(4) inadequate facilities.
(c) If a school begins teaching a course of instruction or revised course of instruction that has not been approved by the Commission, the Commission may require the school to refund to the enrolled students all or a portion of the tuition fees.
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 April 19, 2007.
TRD-200701485
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 9, 2007
Proposal publication date: March 2, 2007
For further information, please call: (512) 936-3838
Subchapter B. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION
The Texas Commission on Fire Protection (the Commission) adopts an amendment to §429.207, Minimum Standards for Advanced Fire Inspector Certification--New Track. This amendment is adopted without changes to the proposed text published in the March 2, 2007, issue of the Texas Register (32 TexReg 1056) and will not be republished.
This amendment clarifies the applicable job performance requirements for Fire Inspectors and Plan Examiners.
No comments were received from the public regarding the proposed amendment.
This amendment is adopted under §419.022(b) of the Texas Government Code.
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 April 19, 2007.
TRD-200701487
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 9, 2007
Proposal publication date: March 2, 2007
For further information, please call: (512) 936-3838