TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 13. TEXAS COMMISSION ON FIRE PROTECTION

Chapter 421. STANDARDS FOR CERTIFICATION

37 TAC §§421.1, 421.5, 421.13

The Texas Commission on Fire Protection adopts amendments to §421.1 and §421.5, and new §421.13, concerning standards for certification without changes to the text published in the December 10, 1999, issue of the Texas Register (24 TexReg 11091).

The justification for these amendments and new section will be that the elimination of substantial delays in effective dates will improve administration of commission rule changes. The change concerning courses recognized for higher levels of certification allows departments to have improved access to the National Fire Academy by utilizing interactive computer-based training.

The amendment to §421.1 eliminates language requiring delayed effective dates of commission rule changes except in case of safety or hardship and adds language allowing the commission to specify later effective dates on a case by case basis. The amendment to §421.5 allows hours of instruction in NFA courses used for higher levels of certification to be met by interactive computer-based courses provided they are supervised by a certified instructor. The supervision is not required to be continuous, but must be sufficient to verify completion by the student and understanding of course objectives. New §421.13 adds language to clarify that an individual may renew his certification regardless of whether he is employed or continues to be employed by a fire department or local authority as allowed by recent statutory changes.

There were no comments received on the proposed amendments and new section.

The amendments and new section are adopted under Texas Government Code, §419.008, which provides the commission with authority to propose rules for the administration of its powers and duties; Texas Government Code, §419.022, which provides the commission with authority to establish minimum requirements for fire protection personnel; Texas Government Code, §419.023, which provides the commission authority to establish a fire fighter advisory committee; and Texas Government Code, §419.0341, which provides the commission authority to establish guidelines for certificate renewal for individual certificate holders.

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 February 11, 2000.

TRD-200001064

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: March 2, 2000

Proposal publication date: December 10, 1999

For further information, please call: (512) 239-4921


Chapter 423. FIRE SUPPRESSION

Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION

37 TAC §423.13

The Texas Commission on Fire Protection adopts amendments to §423.13, concerning International Fire Service Accreditation Congress certification without changes to the text published in the December 10, 1999, issue of the Texas Register (24 TexReg 11092).

The justification for these amendments will be that it allows fire fighters trained in Texas to document compliance with national professional certification standards established by IFSAC and will improve the recognition by other states and jurisdictions of training obtained in Texas. The change will also encourage volunteer fire fighters to achieve training certifications.

The amendments allow individuals to receive International Fire Service Accreditation Congress seals for Fire Fighter I, Fire Fighter II, First Responder Awareness, and First Responder Operations, all of which are encompassed in the curriculum for basic structure fire protection personnel certification. The amendment also allows individuals who take a portion of the curriculum, including many volunteer fire fighters, to apply for the appropriate IFSAC seal.

There were no comments received on the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the commission with authority to propose rules for the administration of its powers and duties; 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.

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 February 11, 2000.

TRD-200001065

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: March 2, 2000

Proposal publication date: December 10, 1999

For further information, please call: (512) 239-4921


Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL

37 TAC §423.203, §423.211

The Texas Commission on Fire Protection adopts an amendment to §423.203 and new §423.211, concerning aircraft rescue fire fighting personnel certification without changes to the text published in the December 10, 1999, issue of the Texas Register (24 TexReg 11093).

The justification for the amendment and new section will be that it allows fire fighters trained in Texas to document the meeting of national standards established by IFSAC and will improve recognition by other states and jurisdictions of training obtained in Texas. The changes also simplify administration of the certification program for aircraft rescue fire fighting personnel.

The amendment to §423.203 allows a person to qualify for the certification examination by submitting documentation of accreditation from the International Fire Service Accreditation Congress. New §423.211 allows persons currently certified aircraft rescue fire protection personnel to apply for an IFSAC seal as well as those who complete the applicable testing and training program.

There were no comments received on the proposed amendment and new section.

The amendments and new section are adopted under Texas Government Code, §419.008, which provides the commission with authority to propose rules for the administration of its powers and duties; and Texas Government Code, §419.022, which provides the commission with the authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions.

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 February 11, 2000.

TRD-200001066

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: March 2, 2000

Proposal publication date: December 10, 1999

For further information, please call: (512) 239-4921


Chapter 431. FIRE INVESTIGATION

Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION

37 TAC §431.3

The Texas Commission on Fire Protection proposes an amendment to §431.3, concerning minimum standards for basic arson investigator certification without changes to the text published in the December 10, 1999, issue of the Texas Register (24 TexReg 11094).

The justification for this amendment is that it provides standardization among disciplines for recognition of military training to qualify for the certification examination.

The amendment adds language to allow individuals to submit military training for evaluation toward the minimum requirements for the Basic Fire Investigator Curriculum.

There were no comments received on the proposed amendment.

The amendment is adopted under Texas Government Code, §419.008, which provides the commission 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.

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 February 11, 2000.

TRD-200001067

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: March 2, 2000

Proposal publication date: December 10, 1999

For further information, please call: (512) 239-4921


Chapter 453. MINIMUM STANDARDS FOR HAZARDOUS MATERIALS TECHNICIAN

37 TAC §453.7

The Texas Commission on Fire Protection adopts new §453.7, concerning international fire service accreditation congress certification for hazardous materials technicians with changes to the text published in the December 10, 1999, issue of the Texas Register (24 TexReg 11094). The change to §453.7 corrects a typographical error for First Responder Awareness and First Responder Operations.

The justification for this new section is that it allows fire fighters trained in Texas to document the meeting of national standards established by IFSAC.

The new section adds language to allow individuals who are certified by the commission as hazardous materials technicians to apply for an IFSAC seal; as well as individuals who have completed the appropriate training and testing.

There were no comments received on the proposed new section.

The new section is adopted under Texas Government Code, §419.008, which provides the commission 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 educational and training standards for specialized fire protection personnel positions.

§453.7.International Fire Service Accreditation Congress (IFSAC) Certification.

(a)

Individuals holding current commission Hazardous Materials Technician Certification may be granted International Fire Service Accreditation Congress (IFSAC) Certification as a Hazardous Materials Technician by making application to the commission for the IFSAC seal and paying applicable fees.

(b)

Individuals completing a commission approved hazardous materials technician program; documenting IFSAC accreditation for First Responder Awareness and First Responder Operations; and passing the applicable state examination may be granted IFSAC Certification as a Hazardous Materials Technician by making application to the commission for the IFSAC seal and paying applicable fees.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 11, 2000.

TRD-200001068

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: March 2, 2000

Proposal publication date: December 10, 1999

For further information, please call: (512) 239-4921


Chapter 463. APPLICATION CRITERIA

37 TAC §§463.2, 463.4, 463.6

The Texas Commission on Fire Protection adopts amendments to §§463.2, 463.4, and 463.6, concerning application criteria for the Fire Department Emergency Program. Section 463.4 is adopted with changes to the text published in the December 10, 1999, issue of the Texas Register (24 TexReg 11095). The change to §463.4(a)(6)(A) adds the word "or" to provide clarity. Sections 463.2 and 463.6 are adopted without changes and will not be republished.

The justification for these amendments is that requiring departments to comply with requirements for TEXFIRS reporting and certification training programs at the time of application encourages fire fighter training and simplifies administration of the program.

The amendments to §463.2 prohibit the use of funds awarded by the fire department emergency program to pay previous debts to comply with Government Code, §419.056(b) that requires a fire department to establish that without a loan or other financial assistance, the local fire department would be unable to purchase necessary fire fighting equipment. The amendment to §463.4 concerning competitive needs criteria, clarify requirements for participation in TEXFIRS and an approved training certification program, including compliance AT THE TIME OF APPLICATION. The change to §463.6 concerning contract information eliminates obsolete language and specifies remedies for default, including disqualification from further awards.

There were no comments received on the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the commission with authority to propose rules for the administration of its powers and duties; and Texas Government Code, §419.051-§419.064, which provides the commission with authority to administer the Fire Department Emergency Program.

§463.4.Competitive Needs Criteria.

(a)

All applications must meet the following minimum standards.

(1)

Applicants must train its members on a regular basis (at least monthly).

(2)

Training provided must be approved under §465.3 of this title (relating to Education and Training Standards).

(3)

Applicants must have at least 10 volunteer and/or paid personnel active in the organization.

(4)

Applicants must provide fire protection services and/or fire fighting education and training.

(5)

Applicants must report through the TEXFIRS system for the three months preceding the date of the application.

(6)

Except for applicants for scholarships, all applicants must participate in a training certification program approved by the Texas Commission on Fire Protection at the time of application. Participation in a training certification program means:

(A)

participation by a majority of a department's members in an approved training program as identified in §465.3 of this title (relating to Education and Training Standards); or

(B)

current certification of the department as a commission approved training facility that conducts at least 48 hours of drills each calendar year attended by a majority of members; or

(C)

current certification by the commission of at least 10 members with current continuing education.

(b)

All applications for assistance will be competitively evaluated based on a comparison of the applications being considered for funding during a given meeting using one or more of the following criteria:

(1)

ratio of fire response to fire apparatus. Priority will be given to those with highest ratios;

(2)

ratio of matching funds offered by applicant to amount of assistance requested. Priority will be given to those with highest ratios;

(3)

ratio of taxing authority contributions for fire service to fire response activity;

(4)

ratio of existing debt to income. Priority will be given to those with the highest ratio;

(5)

amount of approved protective clothing and equipment compared to number of personnel and fire responses.

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 February 11, 2000.

TRD-200001069

T.R. Thompson

General Counsel

Texas Commission on Fire Protection

Effective date: May 15, 2000

Proposal publication date: December 10, 1999

For further information, please call: (512) 239-4921