PART 13. TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 421. STANDARDS FOR CERTIFICATION
The Texas Commission on Fire Protection (the Commission) adopts with changes an amendment to Chapter 421, Standards for Certification, §421.5, Definitions. This amendment is adopted with changes to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4498).
At adoption, a non-substantive change was made to the text of paragraph (36), the word "certification" was removed in error and needs to be re-entered. Paragraph (40) has a grammatical correction in the word "commission," the letter "c" needs to be capitalized and the words "commission" and "approved" need to be hyphenated and various punctuation throughout this document.
No comments were received from the public regarding this proposed amendment.
This amendment is adopted under the Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
§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 payment" (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 premise's 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," and 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 may only be used for obtaining an 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 nongovernmental 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 July 28, 2008.
TRD-200803930
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 17, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 936-3838
SUBCHAPTER A. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION BASED ON REQUIREMENTS IN EFFECT PRIOR TO JANUARY 1, 2005
The Texas Commission on Fire Protection (the Commission) adopts with changes an amendment to Chapter 429, Minimum Standards for Fire Inspectors, Subchapter A, Minimum Standards for Fire Inspector Certification Based on Requirements in Effect Prior to January 1, 2005, §429.3, Minimum Standards for Basic Fire Inspector Certification. This amendment is adopted with changes to the proposed text as published in the May 30, 2008, issue of the Texas Register (33 TexReg 4291).
At adoption a non-substantive change was made to the first sentence. The Commission is changing the sentence to read "must" have completed in order to make it more of a requirement to have completed a Commission examination.
No comments were received from the public regarding this proposed amendment.
This amendment is adopted under the Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
§429.3.Minimum Standards for Basic Fire Inspector Certification.
In order to be certified by the Commission as a Basic Fire Inspector an individual must have completed a Commission-approved Basic Fire Inspector Curriculum dated prior to January 1, 2005, and successfully pass the Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification).
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 July 28, 2008.
TRD-200803931
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 17, 2008
Proposal publication date: May 30, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) adopts without changes an amendment to Chapter 429, Minimum Standards for Fire Inspectors, Subchapter B, Minimum Standards for Fire Inspector Certification, §429.203, Minimum Standards for Basic Fire Inspector Certification--New Track. This amendment is adopted without changes to the proposed text as published in the May 30, 2008, issue of the Texas Register (33 TexReg 4292) and will not be republished.
The purpose of this amendment is to delete unnecessary and confusing language concerning the certification of part-time fire inspectors, and to correct grammatical errors.
No comments were received from the public regarding this proposed amendment.
This amendment is adopted under the Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
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 July 28, 2008.
TRD-200803932
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 17, 2008
Proposal publication date: May 30, 2008
For further information, please call: (512) 936-3838
SUBCHAPTER A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
The Texas Commission on Fire Protection (the Commission) adopts without changes an amendment to Chapter 431, Fire Investigation, Subchapter A, Minimum Standards for Arson Investigator Certification, §431.3, Minimum Standards for Basic Arson Investigator Certification. This amendment is adopted without changes to the proposed text as published in the May 30, 2008, issue of the Texas Register (33 TexReg 4293) and will not be republished.
The purpose of this amendment is to delete unnecessary and confusing language concerning the certification of part-time investigators and to correct grammatical errors.
No comments were received from the public regarding this proposed amendment.
This amendment is adopted under the Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
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 July 28, 2008.
TRD-200803933
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 17, 2008
Proposal publication date: May 30, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) adopts without changes an amendment to Chapter 431, Fire Investigation, Subchapter B, Minimum Standards for Fire Investigator Certification, §431.203, Minimum Standards for Fire Investigator Certification. This amendment is adopted without changes to the proposed text as published in the May 30, 2008, issue of the Texas Register (33 TexReg 4293) and will not be republished.
The purpose of this amendment is to delete unnecessary and confusing language concerning the certification of part-time investigators and to correct grammatical errors.
No comments were received from the public regarding this proposed amendment.
This amendment is adopted under the Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
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 July 28, 2008.
TRD-200803934
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 17, 2008
Proposal publication date: May 30, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) adopts without changes an amendment to Chapter 435, Fire Fighter Safety, §435.3, Self-Contained Breathing Apparatus. This amendment is adopted without changes to the proposed text as published in the May 30, 2008, issue of the Texas Register (33 TexReg 4294) and will not be republished.
The purpose of this amendment is to delete unnecessary and confusing language concerning the certification of part-time investigators, and to correct grammatical errors.
No comments were received from the public regarding this proposed amendment.
This amendment is adopted under the Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
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 July 28, 2008.
TRD-200803935
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 17, 2008
Proposal publication date: May 30, 2008
For further information, please call: (512) 936-3838
SUBCHAPTER A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
The Texas Commission on Fire Protection (the Commission) adopts without changes an amendment to Chapter 439, Examinations for Certification, Subchapter A, Examinations for On-Site Delivery Training, §439.15, Testing for Proof of Proficiency. This amendment is adopted without changes to the proposed text as published in the May 30, 2008, issue of the Texas Register (33 TexReg 4295) and will not be republished.
The purpose of this amendment is to delete unnecessary and confusing language concerning the certification of part-time investigators, and to correct grammatical errors.
No comments were received from the public regarding this amendment.
This amendment is adopted under the Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
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 July 28, 2008.
TRD-200803928
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 17, 2008
Proposal publication date: May 30, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) adopts without changes an amendment to Chapter 439, Examinations for Certification, Subchapter A, Examinations for On-Site Delivery Training, §439.17, Testing for Certification Status. This amendment is adopted without changes to the proposed text as published in the May 30, 2008, issue of the Texas Register (33 TexReg 4295) and will not be republished.
The purpose of this amendment is to delete unnecessary and confusing language concerning the certification of part-time investigators, and to correct grammatical errors.
No comments were received from the public regarding this amendment.
This amendment is adopted under the Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
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 July 28, 2008.
TRD-200803929
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: August 17, 2008
Proposal publication date: May 30, 2008
For further information, please call: (512) 936-3838