Part XIII.
Texas Commission on Fire Protection
Chapter 401.
Practice and Procedure
Subchapter I. Notice and Processing Periods for License Applications
37 TAC §§401.121, 401.123, 401.125, 401.127
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Fire Protection or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Fire Protection proposes
the repeal of §§401.121, 401.123, 401.125 and 401.127 concerning
notice and processing periods for license applications. The subject matter
of the repealed sections will be replaced by proposed new sections dealing
with the same subject.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the repeal is in effect there will be
no fiscal implications for state and local governments.
Mr. Calagna also has determined that for each of the first five years the
repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be that a more timely response to incomplete applications
is required and allowing applicants to reapply when deficiencies are resolved.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the repeal.
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 repeal is 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.
Texas Government Code, §419.008 is affected by the proposed repeal.
§401.121.Purpose of Establishing Time Periods.
§401.123.Notice of Deficiency.
§401.125.Processing Periods.
§401.127.Appeal.
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
February 22, 1999.
TRD-9901044
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
37 TAC §§401.121, 401.123, 401.125, 401.127
The Texas Commission on Fire Protection proposes new §§401.121,
401.123, 401.125 and 401.127 concerning notice and processing periods for
certificate applications. The new sections eliminate references to "license"
applications and substitute a reference to "certificates". In addition the
processing period is reduced from 90 days to 30 days, after which an incomplete
application may be denied.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the new sections are in effect there will
be no fiscal implications for state and local governments.
Mr. Calagna also has determined that for each of the first five years the
proposed new sections are in effect the public benefit anticipated as a result
of enforcing the new sections will be that a more timely response to incomplete
applications is required and allowing applicants to reapply when deficiencies
are resolved.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed new sections.
The commission has determined that the proposed new sections relating to
notice and processing periods for certificate applications 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 change.
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 new sections 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.
Texas Government Code, §419.008 is affected by the proposed new sections.
§401.121.Purpose of Establishing Time Periods.
In order to minimize delays which hamper small businesses and other
enterprises, this subchapter establishes time periods within which the Texas
Commission on Fire Protection shall review and process certificate applications
efficiently and provides for an appeal process should the agency violate these
periods in accordance with the Government Code, Chapter 2005.
§401.123.Notice of Deficiency.
(a)
Manner of Notice. Written notice that an application is
complete or deficient must be mailed to the applicant or delivered by such
means as will reasonably provide actual notice.
(b)
Written Notice Not Required. Written notice that an application
is complete shall not be required under this subchapter if an application
is approved and a certificate issued during the notice period.
§401.125.Processing Periods.
(a)
Notice to applicant. Within 30 days from receipt of an
application for a certificate or approval issued pursuant to the Government
Code, Chapter 419, the agency shall determine a filing to be complete or deficient
and immediately issue written notice to the applicant regarding the status
of the application.
(1)
Complete application.
(A)
The written notice for a complete application shall state
that the application is complete and accepted for filing and shall advise
the applicant of the time period in which the agency must deny or approve
the application unless such information has previously been provided to the
applicant.
(B)
For purposes of this section, an application is complete
upon agency determination that it is in compliance with the content and form
prescribed by the agency.
(2)
Deficient application.
(A)
The written notice for a deficient application shall state
that the application is not complete, set out the specific additional information
that is required for completion, and advise the applicant that the agency
may disapprove an application that is not complete within 30 days of its original
receipt. After one written notice of deficiency has been issued, another is
not required for an application resubmitted in whole or in part with deficiencies.
(B)
In addition to notice issued under subparagraph (A) of
this paragraph, the agency may notify the applicant, in any manner, of deficiencies
in the application.
(b)
Processing of application. Within 60 days after receipt
of a complete application, the agency shall:
(1)
issue the certificate on payment of the appropriate fees
and successful completion of all required examinations; or
(2)
deny the certificate.
(c)
Application disapproved. The agency may disapprove an application
that is not complete within 30 days of its original receipt by the agency.
§401.127.Appeal.
(a)
Hearing.
(1)
Notice. An applicant who does not receive notice as to
the complete or deficient status of a certificate application within the period
established in this subchapter for such application may petition for a hearing
to review the matter.
(2)
Processing. An applicant whose permit is not approved
or denied within the period established in this subchapter for such certificate
may petition for a hearing to review the matter.
(3)
Procedure. A hearing under this section shall be in
accordance with the Administrative Procedure Act and Subchapter E of this
chapter (relating to Contested Cases).
(b)
Petition. A petition filed under this section must be in
writing and directed to the executive director. The petition shall identify
the applicant, indicate the type of certificate sought and the date of the
application, specify each provision in this subchapter that the agency has
violated, and describe with particularity how the agency has violated each
provision. The petition shall be filed with the office of the executive director.
(c)
Decision. An appeal filed under this section shall be decided
in the applicant's favor if the executive director finds that:
(1)
the agency exceeded an established period under this subchapter;
and
(2)
the agency failed to establish good cause for exceeding
the period.
(d)
Good cause. The agency is considered to have good cause
for exceeding a notice or processing period established for a permit if:
(1)
the number of certificates to be processed exceeds by 15%
or more the number of certificates processed in the same calendar quarter
of the preceding year;
(2)
the agency must rely on another public or private
entity for all or part of its certificate processing, and the delay is caused
by the other entity;
(3)
the hearing and decision-making process results in
reasonable delay under the circumstances;
(4)
the applicant is under administrative review; or
(5)
any other conditions exist giving the agency good
cause for exceeding a notice or processing period.
(e)
Commission review. A permit applicant aggrieved by a final
decision or order of the executive director concerning a period established
by these sections may appeal to the commission in writing after the decision
or order complained of is final, in accordance with 401.93 of this title (relating
to Appeals to the Commission).
(f)
Relief.
(1)
Complete or deficient status. An applicant who maintains
a successful appeal under subsection (c) of this section for agency failure
to issue notice as to the complete or deficient status of an application shall
be entitled to notice of application status.
(2)
Certificate approval or denial. An applicant who maintains
a successful appeal under subsection (c) of this section for agency failure
to approve or deny a certificate shall be entitled to such approval or denial
of the certificate and to full reimbursement of all filing fees that have
been paid to the agency in connection with the application.
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
February 22, 1999.
TRD-9901045
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
37 TAC §§403.1, 403.3, 403.5, 403.7, 403.9, 403.11
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Fire Protection or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Fire Protection proposes
the repeal of §§403.1, 403.3, 403.5, 403.7, 403.9 and 403.11 concerning
criminal convictions and eligibility for certification and licensure. The
subject matter of the repealed sections will be replaced by proposed new sections
dealing with the same subject.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the repeal is in effect there will be
no fiscal implications for state government. There will be minimal cost to
fire departments and individuals when the conviction warrants notification
to the commission.
Mr. Calagna also has determined that for each of the first five years the
repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be the consistency of rules with legislation.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed repeal.
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 repeal is 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.
Texas Government Code, §419.008 is affected by the proposed repeal.
§403.1.Purpose.
§403.3.Scope.
§403.5.Access to Criminal History Record Information.
§403.7.Criminal Convictions Guidelines.
§403.9.Mitigating Factors.
§403.11Procedures for Suspension, Revocation, or Denial of a Certificate or License to Persons with Criminal Backgrounds.
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
February 22, 1999.
TRD-9901046
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
37 TAC §§403.1, 403.3, 403.5, 403.7, 403.9, 403.11, 403.15
The Texas Commission on Fire Protection proposes new §§403.1,
403.3, 403.5, 403.7, 403.9, 403.11 and 403.15 concerning criminal convictions
and eligibility for certification. The new sections delete references to licenses
or permits issued by the State Fire Marshal's Office which was transferred
to the Department of Insurance. In addition statutory references are updated.
Finally, new §403.15 requires the holder of a certificate and their employing
fire department to report convictions within 14 days of the conviction.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the new sections are in effect there will
be minimal cost to fire departments and individuals when the conviction warrants
notification to the commission.
Mr. Calagna also has determined that for each of the first five years the
proposed new sections are in effect the public benefit anticipated as a result
of enforcing the new sections will be the consistency of rules with legislation.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed new sections.
The commission has determined that the proposed new sections relating to
criminal convictions and eligibility 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 change.
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 new sections 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.
Texas Government Code, §419.008 is affected by the proposed new sections.
§403.1.Purpose.
(a)
The purpose of this chapter is to establish guidelines
and criteria on the eligibility of persons with criminal convictions for a
certificate issued by the Texas Commission on Fire Protection (the commission)
and to establish procedures for suspension, revocation, or denial of a certificate
held or applied for by persons with criminal convictions pursuant to Texas
Civil Statutes, Articles 6252-13c and 6252-13d.
(b)
The duties and responsibilities of persons who hold certifications
issued by the commission each involve matters that directly relate to public
safety. Fire protection personnel and volunteer fire fighters often have access
to areas not generally open to the public. The public relies on the honesty,
trustworthiness, and reliability of persons certified by the commission. Thus,
crimes involving moral turpitude, including but not limited to fraud and dishonesty,
are directly relevant. In addition, the ability of such persons to function
unimpaired by alcohol or the illegal use of drugs, in dangerous or potentially
dangerous circumstances, including but not limited to the operation of emergency
vehicles is paramount in light of the duty to protect the health and safety
of the public.
§403.3.Scope.
(a)
The guidelines established in this chapter apply to a person
who holds or applies for any certificate issued under the commission's regulatory
authority contained in Government Code, Chapter 419.
(b)
When a person's criminal conviction of a felony or misdemeanor
directly relates to the duties and responsibilities of the holder of a certificate
issued by the commission, the commission may:
(1)
deny to a person the opportunity to be examined for a certificate;
(2)
deny the application for a certificate;
(3)
refuse to renew a certificate;
(4)
suspend or revoke an existing certificate; or
(5)
limit the terms or practice of a certificate holder
to areas prescribed by the commission.
§403.5.Access to Criminal History Record Information.
(a)
Criminal history record. The commission is entitled to
obtain criminal history record information maintained by the Department of
Public Safety, the Federal Bureau of Investigation identification division,
or another law enforcement agency to investigate the eligibility of a person
applying to the commission for or holding a certificate.
(b)
Confidentiality of information. All information received
under this section is confidential and may not be released to any person outside
the agency except in the following instances:
(1)
a court order;
(2)
with written consent of the person being investigated;
(3)
in a criminal proceeding; or
(4)
in a hearing conducted under the authority of the
commission.
(c)
Early review. A fire department that employs a person regulated
by the commission, a person seeking to apply for a beginning position with
a fire department, a volunteer fire department with members participating
in the commission volunteer fire fighter certification program, or an individual
participating in the commission volunteer fire fighter certification program
may seek the early review under this chapter of the person's present fitness
to be certified prior to completing the requirements for certification by
requesting such review in writing and providing the person's full name, birth
date, and any additional identifying information requested by the commission.
A decision based on an early review does not bind the commission if there
is a change in circumstances.
§403.7.Criminal Convictions Guidelines.
(a)
The following crimes are considered to relate directly
to the ability, capacity, and fitness required to perform the duties and discharge
the responsibilities of persons certified by the commission:
(1)
offenses under the Government Code, Chapter 419, relating
to the Texas Commission on Fire Protection;
(2)
offenses under the Texas Transportation Code Title
6 Roadways, which are punishable by fines greater than $200, or imprisonment,
or both fine and imprisonment;
(3)
offenses under the Health and Safety Code, Chapter
481, concerning controlled substances;
(4)
offenses under the Health and Safety Code, Chapter
483, concerning dangerous drugs;
(5)
offenses under the following titles of the Texas Penal
Code:
(A)
Title 5--offenses against the person;
(B)
Title 6--offenses against the family;
(C)
Title 7--offenses against property;
(D)
Title 8--offenses against public administration;
(E)
Title 9--offenses against public order and decency;
(F)
Title 10--offenses against public health, safety and morals;
(G)
Title 11--offenses involving organized crime; and
(H)
Title 4--inchoate offenses Chapter 15 preparatory offenses
to any of the offenses in this section;
(6)
the offenses listed in this subsection are not
inclusive, in that the commission may consider other particular crimes in
special cases in order to promote the intent of the statutes administered
by the commission.
(b)
In all cases the commission shall consider:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the purposes for
requiring the certificate issued by the commission;
(3)
the extent to which the certificate might offer an
opportunity to engage in further criminal activity of the same type as that
in which the person previously had been involved;
(4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of the certificate holder;
(5)
the level and nature of supervision of the person
by others; and
(6)
the level and nature of access to public, commercial,
and residential properties, including access after regular business hours
and access to areas not open to the general public.
§403.9.Mitigating Factors.
(a)
In addition to the factors that must be considered under
§403.7 of this title (relating to Criminal Conviction Guidelines), in
determining the present fitness of a person who has been convicted of a crime,
the commission shall consider the following evidence:
(1)
the extent and nature of the person's past criminal activity;
(2)
the age of the person at the time of the commission
of the crime;
(3)
the amount of time that has elapsed since the person's
last criminal activity;
(4)
the conduct and work activity of the person prior
to and following the criminal activity;
(5)
evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(6)
other evidence of the person's present fitness, including
letters of recommendation from:
(A)
prosecution, law enforcement, and correctional officers
who prosecuted, arrested, or had custodial responsibility for the person;
(B)
the sheriff or chief of police in the community where the
person resides; and
(C)
any other persons in contact with the convicted person.
(b)
It shall be the responsibility of the applicant to the
extent possible to secure and provide to the commission the recommendations
of prosecution, law enforcement, and correctional authorities as required
by statute and these rules upon request by the commission staff. The applicant
shall also furnish:
(1)
a copy of the indictment, information or complaint;
(2)
a copy of the judgement(s) or order(s) of the court
adjudicating guilt, granting probation, community supervision, deferred adjudication,
or discharge from probation or community supervision;
(3)
a record of steady employment in the form of a letter
from current or former employers;
(4)
a record that the applicant has supported his or her
dependents in the form of a letter from a person in the applicant's community
with personal knowledge of the circumstances;
(5)
evidence that the applicant has paid all outstanding
court costs, supervision fees, fines, and restitution as may have been ordered
in all criminal cases in which he or she has been convicted, in the form of
copies of official records, documents, or a letter from the person's probation
or parole officer where applicable concerning his or her current status.
§403.11.Procedures for Suspension, Revocation, or Denial of a Certificate to Persons with Criminal Backgrounds.
(a)
If the commission's Standards Division (the division) proposes
to suspend, revoke, limit, or deny a certificate based on the criteria in
this chapter, the division shall notify the individual at his or her last
known address as shown in the commission's records, by registered or certified
mail. The notice of intended action shall specify the facts or conduct alleged
to warrant the intended action.
(b)
If the proposed action is to limit, suspend, revoke, or
refuse to renew a current certificate, the notice of intended action shall
comply with the preliminary notice requirements of Government Code §2001.054(c).
The individual may request an informal conference with the commission staff
in order to show compliance with all requirements of law for the retention
of the certificate, pursuant to Government Code §2001.054(c). The request
for an informal staff conference must be submitted to the division director
no later than 15 days after the date of the notice of intended action. If
the informal staff conference does not result in an agreed consent order,
a formal hearing shall be conducted in accordance with the Administrative
Procedure Act, Government Code, Chapter 2001.
(c)
An individual who does not hold a current certificate may
request a formal hearing in order to contest the proposed action of the division.
The request must be submitted in writing to the division director no later
than 15 days after the date of the notice. A formal hearing shall be conducted
in accordance with the Administrative Procedure Act, Government Code, Chapter
2001.
(d)
If the individual does not request an informal staff conference
or a formal hearing in writing within the time specified in this section,
the individual is deemed to have waived the opportunity for a hearing, and
the proposed action will be taken.
(e)
If the commission limits, suspends, revokes, or denies
a certificate under this chapter, the executive director shall give the person
written notice:
(1)
of the reasons for the decision;
(2)
that the person may appeal the decision of the executive
director to the commission in accordance with §401.93 of this title (relating
to Appeals to the Commission) within 30 days from the date the decision of
the executive director is final and appealable;
(3)
that the person, after exhausting administrative appeals,
may file an action in a district court of Travis County, Texas, for judicial
review of the evidence presented to the commission and its decision and that
such petition must be filed with the court no later than 30 days after the
commission's action is final and appealable.
§403.15.Report of Convictions by Individual or Department.
(a)
A certificate holder shall report to the commission, any
conviction, other than a minor traffic offense (Class C misdemeanor) under
the laws of this state, another state, the United States, or foreign country,
within 14 days of the date of the conviction.
(b)
A fire department or local government regulated by the
commission shall report to the commission, any conviction, other than a minor
traffic offense (Class C misdemeanor) under the laws of this state, another
state, the United States, or foreign country, that it has knowledge of, of
any certificate holder, within 14 days of the date of the conviction.
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
February 22, 1999.
TRD-9901047
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
37 TAC §§421.3, 421.5, 421.11
The Texas Commission on Fire Protection proposes amendments
to §421.3 and §421.5, and new §421.11 concerning standards
for certification. The amendments to §421.3 add competencies and qualifications
for marine fire protection personnel, fire inspector, and fire investigator,
considered essential to the positions, including the ability to read and understand
English language manuals. This ability is tested by the written examination
administered by the commission. The amendments to §421.5 add definitions
that clarify NFA course credit. The new §421.11 adds language that requires
certification within one year in all disciplines and procedures for removal
and reinstatement.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended and new sections are in effect
there will be no fiscal implications for state and local governments.
Mr. Calagna also has determined that for each of the first five years the
proposed amendments and proposed new section are in effect the public benefit
anticipated as a result of enforcing the amended and new sections will be
that applicants for certification as marine fire protection personnel, fire
inspector, and fire investigator will have clear guidelines for qualifications
and competencies for the positions. In addition the amount of credit given
NFA courses are standardized.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed amendments and new section.
The commission has determined that the proposed amendments and new section
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 change.
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 and new section 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; Texas Government
Code, §419.032, which provides the commission with authority to establish
standards for employment as fire protection personnel; Texas Government Code,
§419.0322, which provides for limits on compensation; and Texas Government
Code, §419.071, which provides the commission with authority to establish
standards for the volunteer certification program.
Texas Government Code, §§419.022, 419.032, 419.0322 and 419.071
is affected by the proposed amendments and new section.
§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 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 Certification Curriculum Manual,
adopted by the Texas Commission on Fire Protection.
(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)
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 Certification Curriculum Manual,
adopted by the Texas Commission on Fire Protection.
(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 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 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
Certification Curriculum Manual, adopted by the Texas Commission on Fire Protection.
(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
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)-(21)
(No change.)
(22)
High school--A school accredited as a high school
by the Texas Education Agency
or equivalent accreditation agency from
another jurisdiction.
(23)-(24)
(No change.)
(25)
National Fire Academy credit hours--For the
purpose of determining the number of hours to credit for National Fire Academy
courses both resident and hand off. 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). For courses that have not been evaluated
by ACE, commission staff will review and determine credit.
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(A)
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
(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
(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.
§421.11.Requirement to be Certified Within One Year.
(a)
All full-time or part-time employees of a fire department
or local government who are assigned duties identified as fire protection
personnel duties must be certified by the Commission in the discipline(s)
to which they are assigned within one year of their assignment to the duties.
An individual who accepts assignment(s) in violation of this section shall
be removed from the assignment(s) and will be subject to administrative penalties.
A department or local government that assigns an individual in violation of
this section will also be subject to administrative penalties.
(b)
An individual who has been removed from assignment to duties
identified as fire protection personnel duties for violation of this section
must petition the commission in writing for permission to be reassigned to
the duties from which they were removed. The petition will be considered only
if the individual has obtained all appropriate certification(s) applicable
to the duties to which the individual seeks reassignment.
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
February 22, 1999.
TRD-9901049
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
37 TAC §421.9
The Texas Commission on Fire Protection proposes amendments
to §421.9, concerning designation of fire protection duties. The amendments
to §421.9 adds a subsection that permits a fire department to employ,
on a part-time basis, certified fire protection personnel without additional
part-time certification.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended section is in effect there
will be fiscal implications for the state estimated at approximately $1,200
each year for reduction in certification fee revenue. Local governments that
employ part-time fire employees previously certified as fire protection personnel
will have a reduction in cost of $20 per person.
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 it eliminates an unnecessary
cost to local governments of issuing part-time certification to persons already
certified as fire protection personnel.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed amendment.
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 change.
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 and Texas Government Code
§419.032, which provides the commission with authority to establish standards
for employment as fire protection personnel.
Texas Government Code, §419.022 and §419.032 is affected by the
proposed amendments.
§421.9.Designation of Fire Protection Duties.
(a)-(d)
(No change.)
(e)
A person certified as fire protection
personnel in one fire department may be employed and designated as a part-
time fire protection employee in another fire department without additional
certification as a part-time fire protection employee.
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
February 22, 1999.
TRD-9901048
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
Subchapter A. Minimum Standards For Structure Fire Protection Personnel Certification
37 TAC §423.11
The Texas Commission on Fire Protection proposes amendments
to §423.11, concerning higher levels of certification. The amendments
to §423.11 provides a technical correction to the section allowing persons
to seek higher levels of structure certification while assigned to another
discipline.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended section is 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
amendments are in effect the public benefit anticipated as a result of enforcing
the amended section will be that fire service personnel will have a clearer
understanding of requirements for higher levels of certification in structural
fire protection while assigned to another discipline.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed amendments.
The commission has determined that the proposed amendment relating to
higher levels of 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 change.
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 training standards for fire protection personnel positions; and Texas
Government Code 419.032, which provides the commission with authority to establish
standards for employment as fire protection personnel.
Texas Government Code, §419.022 is affected by the proposed amendment.
§423.11.Higher Levels of Certification.
(a)
An individual may receive higher levels of certification
in structural fire protection while being assigned to another discipline,
provided that all requirements for the higher level or levels of certification
are
[
(b)
(No change.)
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
February 22, 1999.
TRD-9901050
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
37 TAC §429.3
The Texas Commission on Fire Protection proposes amendments
to §429.3 concerning minimum standards for basic fire inspector certification.
The amendments to §429.3 changes the number of minimum hours of instruction
in a National Fire Academy resident program for fire inspection which makes
it consistent with the basic inspectors curriculum of the commission. It also
allows for a combination of several courses that can be taught along with
the basic course of Fire Inspection Principles.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended section is in effect there
will be no fiscal implications to 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 section will be that the number of instruction hours
in a National Fire Academy program for fire inspection will be consistent
with the basic inspectors curriculum of the commission.
There are no additional costs of compliance for small businesses or individuals
required to comply with the proposed amendment.
The commission has determined that the proposed amendments relating to
minimum standards for fire inspectors 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 change.
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 training standards for fire protection personnel in advanced or specialized
fire protection personnel positions.
Texas Government Code, §419.022 is affected by the proposed amendment.
§429.3.Minimum Standards for Basic Fire Inspector Certification.
(a)
(No change.)
(b)
In order to be certified by the commission as a Basic Fire
Inspector an individual must complete a commission approved fire inspection
training program and successfully pass the commission examination as specified
in Chapter 439 of this title (relating to Examinations for Certification).
An approved basic fire inspection training program shall consist of one of
the following:
(1)-(3)
(No change.)
(4)
successful completion of a minimum of
226
[
(A)
Fire Prevention Specialist [
(B)
Plans Review for Inspectors [
(C)
Code Management: A Systems Approach [
(D)
Management of Fire Prevention Programs [
(E)
Strategic Analysis of Fire Prevention Programs [
(c)-(d)
(No change.)
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
February 22, 1999.
TRD-9901051
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
Subchapter A. Minimum Standards for Arson Investigator Certification
37 TAC §431.11
The Texas Commission on Fire Protection proposes amendments
to §431.11, concerning minimum standards for arson investigator certification
for law enforcement personnel. The amendments to §431.11 clarifies that
employees of law enforcement agencies such as a sheriff's office or police
department may be certified as arson investigators on a voluntary basis.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended section is in effect there
will be no fiscal implications to 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 consistency and clarification as
to personnel eligible to become certified as arson investigators.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed amendment.
The commission has determined that the proposed amendments relating to
minimum standards for arson investigator certification for law enforcement
personnel 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 change.
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 training standards for fire protection personnel in advanced or specialized
fire protection personnel positions.
Texas Government Code, §419.022 is affected by the proposed amendments.
§431.11.Minimum Standards for Arson Investigator Certification for Law Enforcement Personnel.
A law enforcement officer employed or commissioned by a law enforcement
agency as a basic peace officer who is designated as an arson investigator
by an appropriate local authority is eligible for certification on a voluntary
basis by complying with this chapter.
[
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
February 22, 1999.
TRD-9901052
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
37 TAC §435.1, §435.3
The Texas Commission on Fire Protection proposes amendments
to §435.1 and §435.3 concerning fire fighter safety. The amendments
to §435.1 deletes obsolete language that references protective clothing
purchased prior to 1998. It also encourages fire departments to maintain a
standard operating procedure regarding the use, care, and maintenance of the
protective clothing. The amendments to §435.3 deletes redundant language
that references the use of self-contained breathing apparatus before the adoption
of the current national standard.
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 government. Local governments may
incur costs to replace any protective clothing that does not meet the national
standards. Fire departments that have non-compliant protective clothing may
incur costs up to $1500 per person to replace the equipment.
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 fire fighters are protected
by clothing that meets national standards.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed amendments.
The commission has determined that the proposed amendments relating to
fire fighter safety 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 change.
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, §419.042, which provides the commission with authority to adopt
standards for protective clothing and SCBA.
Texas Government Code, §§419.022, 419.040, 419.041, and 419.042
are affected by the proposed amendments.
§435.1.Protective Clothing.
The employing entity shall:
(1)
(No change.)
(2)
ensure that all protective clothing which are used
by fire protection personnel assigned to fire suppression duties comply with
the minimum standards of the National Fire Protection Association:
(A)
(No change.)
(B)
an entity may continue to use protective clothing in use
or contracted for before a change in the National Fire Protection Association
standard, unless the commission determines that the protective clothing constitutes
an undue risk to the wearer, in which case the commission shall order that
the use be discontinued and shall set an appropriate date for compliance with
the revised standard;
and
[(C)
fire fighter boots purchased or contracted
for prior to May 16, 1988, are not required to meet the minimum standards
for protective clothing;]
[(D)
protective hoods purchased or contracted
for prior to August 16, 1991, are not required to meet the minimum standards
for protective clothing;]
[(E)
protective clothing for proximity fire
fighting purchased or contracted for prior to August 14, 1992, are not required
to meet the standards for protective clothing; and]
(3)
maintain and provide upon request by the commission,
a departmental standard operating procedure regarding the use
, care and
maintenance
of protective clothing [
§435.3.Self-contained Breathing Apparatus.
The employing entity shall:
(1)
(No change.)
(2)
ensure that all self-contained breathing apparatus
used by fire protection personnel complies with the minimum standards of the
National Fire Protection Association identified in NFPA 1981, Standard on
Open-Circuit Self-contained Breathing Apparatus for Fire Fighters:
(A)-(B)
(No change.)
[(C)
an entity may continue to use a self-contained
breathing apparatus in use or contracted for before a change in the National
Fire Protection Association standard, unless the commission determines that
the continued use of the self- contained breathing apparatus constitutes an
undue risk to the wearer, in which case the commission shall order that the
use be discontinued and shall set an appropriate date for compliance with
the revised standard;]
(3)-(9)
(No change.)
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
February 22, 1999.
TRD-9901053
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
37 TAC §437.3
The Texas Commission on Fire Protection proposes amendments
to §437.3, concerning fees for certification. The amendments to §437.3
requires testing prior to assignment in all fire protection disciplines consistent
with changes to other commission rules.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended section is in effect there
will be no fiscal implications to state or local governments.
Mr. Calagna also has determined that for each of the first five years the
proposed amendments is in effect the public benefit anticipated as a result
of enforcing the amended section will be the consistency of language in the
rules.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed amendments.
The commission has determined that the proposed amendments relating to
fees 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 change.
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, §419.026, which provides the commission with authority to establish
fees for certification and examinations; and Texas Government Code, §419.034,
which provides the commission with authority to establish standards for certificate
renewal.
Texas Government Code, §419.026, and §419.034 are affected by
the proposed amendments.
§437.3.Fees--Certification.
(a)-(d)
(No change.)
(e)
If a person re-enters the fire service whose certificate(s)
has been expired for one year or longer, the employing entity must:
(1)
within 14 days of employment, notify the Commission that
the individual has been employed;
(2)
prior to assignment to any fire
protection
[
(3)
(No change.)
(f)-(g)
(No change.)
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
February 22, 1999.
TRD-9901054
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
37 TAC §439.3
The Texas Commission on Fire Protection proposes amendments
to §439.3 concerning examinations for certification. The amendments to
§439.3 specifies that if training is conducted in phase format that the
examination will be based upon the curriculum in place at the time of the
examination.
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
are no fiscal implications for state government. Local governments that pay
for their employees' training may incur an additional cost of $250 per individual
to obtain refresher training.
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 personnel are proficient in
the current standards.
There are no additional costs of compliance for small or large businesses
required to comply with the proposed amendment. Individuals may incur a $250
cost to obtain refresher training.
The commission has determined that the proposed amendments relating to
examinations 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 change.
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, §419.032, concerning basic certification examinations.
Texas Government Code, §419.032 is affected by the proposed amendments.
§439.3.Definitions.
The following words and terms used in this chapter, have the following
definitions unless the context clearly indicates otherwise.
(1)-(5)
(No change.)
(6)
Examination--A state test administered by the commission
which an examinee must pass as one of the requirements for certification.
Exams will be based on curricula as currently adopted in the Commission Certification
Curriculum Manual. The state test can consist of only a written test or it
can consist of a test that contains both a written portion and a performance
skills portion.
If the training program is conducted in the phase format,
the examination will be based on the curriculum in place at the time of the
examination.
(7)-(9)
(No change.)
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
February 22, 1999.
TRD-9901055
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 918-7184
Subchapter I. Notice and Processing Periods for Certificate Applications
Chapter 403.
Criminal Convictions and Eligibility for Certification and Licensure
Chapter 403.
Criminal Convictions and Eligibility for Certification
Chapter 421.
Standards for Certification
(25)
] Participating volunteer
fire fighter--An individual who voluntarily seeks certification and regulation
by the Commission under the Government Code, Chapter 419, Subchapter D.
(26)
] Participating volunteer
fire department--A fire department that voluntarily seeks regulation by the
Commission under the Government Code, Chapter 419, Subchapter D.
(27)
] Part-time fire protection
employee--An individual who is designated 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.
(28)
] 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.
(29)
] 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.
(30)
] Trainee--An individual
who is participating in a commission approved training program.
(31)
] Training officer--The
officer or supervisor, by whatever title he or she may be called, that is
in charge of a commission approved training program.
(32)
] 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 fire fighting, fire training, fire education,
fire administration and others in related positions necessarily or customarily
appertaining thereto.
(33)
] Years of experience--For
purposes of higher levels of certification, defined as full years of service
while holding:
Chapter 423.
Fire Suppression
must be
] met.
Chapter 429.
Minimum Standards For Fire Inspectors
240
] hours of instruction in a National Fire Academy resident
program for fire inspection. The resident program must include the basic course,
Fire Inspection Principles [
(80 hours)
],
and any combination
of the following courses or its predecessor
[
and a minimum of 160
hours of instruction in at least two of the following courses
]:
II (80 hours)
];
or
(80 hours)
]; or
(80 hours)
];
or
(80 hours)
]; or
(80
hours)
].
Chapter 431.
Fire Investigation
A permanent, full- time,
full-paid law enforcement officer designated as a arson investigator by an
"appropriate" local authority is eligible for certification by complying with
this chapter.
]
Chapter 435.
Fire Fighter Safety
during fire suppression operations
].
Chapter 437.
Fees
suppression
] duties, obtain documented proof that the individual
has passed the proficiency test as required by §439.13 of this title
(relating to Testing for Proof of Proficiency) within one calendar year prior
to the date of employment; and
Chapter 439.
Examinations for Certification
Chapter 441.
Continuing Education