37 TAC §421.3, §421.5
The Texas Commission on Fire Protection proposes amendments
to §421.3 and §421.5, concerning Standards for Certification. The
amendment to §421.3 adds competencies and qualifications for driver/operator-pumper
considered essential to the position. The amendment to §421.5 adds language
to the definition of "years of experience" to recognize the State Firemen's
and Fire Marshals' Association Level II instructor certification and to recognize
up to one year of experience prior to certification for persons certified
on or before October 31, 1998.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended sections are in effect there
will be no fiscal implications for state or local governments.
Mr. Calagna also has 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 amended sections will be that applicants for driver/operator-pumper
certification will have clear guidelines for qualifications and competencies
for the position. The change to the experience definition restored up to one
year of experience for purposes of higher levels of certification to individuals
who were certified under previous rules.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the amendments. The commission has
determined that the proposed amendments relating to standards for certification
will have no impact on private real property interests and no takings impact
assessment is required pursuant to the Government Code, §2007.043(b)
and §2.18 of the Attorney General's Private Real Property Rights Preservation
Act Guidelines.
There is no local employment impact resulting from the changes.
Comments on the proposal 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-mail to info@tcfp.state.tx.us.
The amendments are proposed under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.022, which provides the commission with authority to establish
minimum requirements for fire protection personnel.
Texas Government Code, §419.022 is affected by the proposed amendments.
§421.3.Minimum Standards Set by the Commission.
(a)
(No change.)
(b)
Functional position descriptions.
(1)-(2)
(No change.)
(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)-(B)
(No change.)
(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 to 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 [
potentially
] dangerous
environments.
(B)
(No change.)
(5)-(6)
(No change.)
(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 Certification Curriculum Manual, adopted by the Texas
Commission on Fire Protection.
§421.5.Definitions.
The following words and terms, when used in this part, shall have the
following meanings, unless the context clearly indicates otherwise.
(1)-(17)
(No change.)
(18)
Fire protection personnel--Any person who is a permanent
full-time employee of a government entity and who is assigned 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.
(19)-(32)
(No change.)
(33)
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.
(34)
Years of experience--For purposes of higher levels
of certification
or fire service instructor certification as provided
for in Chapter 425, Subchapter A of this title (relating to Fire Service Instructor
Certification)
[
, defined as full years of service while holding
]:
(A)
Except as provided in paragraph (34)(B) of this subsection,
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)
[
(B)
] a State Firemen's and Fire
Marshals' Association advanced fire fighter certification and have completed
as a minimum requirements for a Texas Department of Health Emergency Care
Attendant (ECA) certification, or its equivalent; or
(iii)
[
(C)
] an equivalent certification
as a full-time fire protection personnel of a governmental entity from another
jurisdiction, including the military, and have completed as a minimum requirements
for a Texas Department of Health Emergency Care Attendant (ECA) certification,
or its equivalent
; or
[
.
]
(iv)
for fire service instructor
certification only, a State Firemen's and Fire Marshals' Association Level
II Instructor Certification.
(B)
For fire service personnel
certified as required in paragraph (34)(A) of this subsection 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 proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State, on
May 25, 1999.
TRD-9903079
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 11, 1999
For further information, please call: (512) 918-7189