Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 423.
FIRE SUPPRESSION
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
37 TAC §423.5, §423.7
The Texas Commission on Fire Protection (TCFP) proposes changes
to §423.5 and §423.7 concerning minimum standards for intermediate
and advanced structure fire protection personnel certifications. Proposed
changes to §423.5 and §423.7 add course options for applicants to
meet the certification requirements.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five- year period the rule actions
are in effect there will be no fiscal implications for state or local governments.
Mr. Soteriou has also determined that for each of the first five years
the proposed changes are in effect the public benefit anticipated as a result
of enforcing the rule actions will be an increase in the number of structure
fire protection personnel who are eligible to apply for higher level certifications.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed changes.
Comments on the proposals 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-mailed to
info@tcfp.state.tx.us
.
The changes are proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.022, which
provides the TCFP with the 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 changes.
§423.5.Minimum Standards for Intermediate Structure Fire Protection Personnel Certification.
(a)
Applicants for Intermediate Structure Fire Protection Personnel
Certification must complete the following requirements:
(1)
hold as a prerequisite a Basic Structure Fire Protection
Personnel Certification as defined in §423.3 of this title (relating
to Minimum Standards for Basic Structure Fire Protection Personnel Certification);
(2)
acquire a minimum of four years of fire protection experience
and complete the courses listed in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsections (c) and (d) of this section; or
(B)
Option 2--Complete a minimum of 96 hours of instruction
in any National Fire Academy courses; or
(C)
Option 3--Successfully complete three semester hours of
college courses listed in Option 1 and a minimum of 48 hours in any National
Fire Academy courses.
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.
(b)-(d)
(No change.)
§423.7.Minimum Standards for Advanced Structure Fire Protection Personnel Certification.
(a)
Applicants for Advanced Structure Fire Protection Personnel
certification must complete the following requirements:
(1)
hold as a prerequisite an Intermediate Structure Fire Protection
Personnel Certification as defined in §423.5 of this title (relating
to Minimum Standards for Intermediate Structure Fire Protection Personnel
Certification);
(2)
acquire a minimum of eight years of fire protection experience
and complete the courses listed in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsection (c) and (d) of this section; or
(B)
Option 2--Complete a minimum of 96 hours of instruction
in any National Fire Academy courses; or
(C)
Option 3--Successfully complete three semester hours of
college courses listed in Option 1 and a minimum of 48 hours in any National
Fire Academy courses.
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.
(b)-(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 April 17, 2002.
TRD-200202376
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
37 TAC §423.205, §423.207
The Texas Commission on Fire Protection (TCFP) proposes changes
to §423.205 and §423.207 concerning minimum standards for intermediate
and advanced aircraft rescue fire fighting personnel certifications. Proposed
changes to §423.205 and §423.207 add course options for applicants
to meet the certification requirements and update the term "Aircraft Fire
Protection Personnel" to "Aircraft Rescue Fire Fighting Personnel."
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five- year period the rule actions
are in effect there will be no fiscal implications for state or local governments.
Mr. Soteriou has also determined that for each of the first five years
the proposed changes are in effect the public benefit anticipated as a result
of enforcing the rule actions will be an increase in the number of aircraft
fire fighting personnel who are eligible to apply for higher level certifications.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed changes.
Comments on the proposals 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-mailed to
info@tcfp.state.tx.us
.
The changes are proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.022, which
provides the TCFP with the 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 changes.
§423.205.Minimum Standards for Intermediate Aircraft Rescue Fire Fighting [
(a)
Applicants for Intermediate Aircraft
Rescue
Fire
Fighting
[
(1)
hold as a prerequisite a Basic Aircraft
Rescue
Fire
Fighting
[
(2)
acquire a minimum of four years of fire protection experience
and complete the courses listed in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsections (c) and (d) of this section; or
(B)
Option 2--Complete a minimum of 96 hours of instruction
in any National Fire Academy courses; or
(C)
Option 3--Successfully complete three semester hours of
college courses listed in Option 1 and a minimum of 48 hours in any National
Fire Academy courses.
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.
(b)
College level courses from both the upper and lower division
may be used to satisfy the education requirement for Intermediate Aircraft
Rescue
Fire
Fighting
[
(c)
Non-traditional credit awarded at the college level, such
as credit for experience or credit by examination obtained from attending
any school in the commission's document titled "Commission Certification Curriculum
Manual" or for experience in the fire service, may not be counted toward higher
levels of certification.
(d)
The training required in this section must be in addition
to any training used to qualify for any lower level of Aircraft
Rescue
Fire
Fighting
[
§423.207.Minimum Standards for Advanced Aircraft Rescue Fire Fighting [
(a)
Applicants for Advanced Aircraft
Rescue
Fire
Fighting
[
(1)
hold as a prerequisite an Intermediate Aircraft
Rescue
Fire
Fighting
[
(2)
acquire a minimum of eight years of fire protection experience
and complete the courses listed in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsections (c) and (d) of this section; or
(B)
Option 2--Complete a minimum of 96 hours of instruction
in any National Fire Academy courses; or
(C)
Option 3--Successfully complete three semester hours of
college courses listed in Option 1 and a minimum of 48 hours in any National
Fire Academy courses.
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.
(b)
College level courses from both the upper and lower division
may be used to satisfy the education requirement for Advanced Aircraft
Rescue
Fire
Fighting
[
(c)
Non-traditional credit awarded at the college level, such
as credit for experience or credit by examination obtained from attending
any school in the commission's document titled "Commission Certification Curriculum
Manual" or for experience in the fire service, may not be counted toward higher
levels of certification.
(d)
The training required in this section must be in addition
to any training used to qualify for any lower level of Aircraft
Rescue
Fire
Fighting
[
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 April 17, 2002, 2002.
TRD-200202377
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
37 TAC §423.305, §423.307
The Texas Commission on Fire Protection (TCFP) proposes changes
to §423.305 and §423.307 concerning minimum standards for intermediate
and advanced marine fire protection personnel certifications. Proposed changes
to §423.305 and §423.307 add course options for applicants to meet
the certification requirements.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five- year period the rule actions
are in effect there will be no fiscal implications for state or local governments.
Mr. Soteriou has also determined that for each of the first five years
the proposed changes are in effect the public benefit anticipated as a result
of enforcing the rule actions will be an increase in the number of marine
fire protection personnel who are eligible to apply for higher level certifications.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed changes.
Comments on the proposals 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-mailed to
info@tcfp.state.tx.us
.
The changes are proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.022, which
provides the TCFP with the 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 changes.
§423.305.Minimum Standards For Intermediate Marine Fire Protection Personnel Certification.
(a)
Applicants for Intermediate Marine Fire Protection Personnel
Certification must complete the following requirements:
(1)
hold as a prerequisite a Basic Marine Fire Protection Personnel
Certification as defined in §423.303 of this title (relating to Minimum
Standards for Basic Marine Fire Protection Personnel Certification).
(2)
acquire a minimum of four years of fire protection experience
and complete the courses listed in one of the following options:
(A)
Option #1 - Successfully complete six semester hours of
fire science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsection (c) and (d) of this section; or
(B)
Option #2 - Complete a minimum of 96 hours of instruction
in any National Fire Academy courses; or
(C)
Option #3 - Successfully complete three semester hours
of college courses listed in Option #1 and a minimum of 48 hours in any National
Fire Academy courses.
(D)
Option #4 - Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.
(b)-(d)
(No change.)
§423.307.Minimum Standards For Advanced Marine Fire Protection Personnel Certification.
(a)
Applicants for Advanced Marine Fire Protection Personnel
certification must complete the following requirements:
(1)
hold as a prerequisite an Intermediate Marine Fire Protection
Personnel Certification as defined in §423.305 of this title (relating
to Minimum Standards for Intermediate Marine Fire Protection Personnel Certification).
(2)
acquire a minimum of eight years of fire protection experience
and complete the courses listed in one of the following options:
(A)
Option #1 - Successfully complete six semester hours of
fire science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsections (c) and (d) of this section; or
(B)
Option #2 - Complete a minimum of 96 hours of instruction
in any National Fire Academy courses; or
(C)
Option #3 - Successfully complete three semester hours
of college courses listed in Option #1 and a minimum of 48 hours in any National
Fire Academy courses.
(D)
Option #4 - Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.
(b)-(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 April 17, 2002.
TRD-200202381
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
37 TAC §§431.3, 431.5, 431.7, 431.13
The Texas Commission on Fire Protection (TCFP) proposes changes
to §§431.3, 431.5, and 431.7, concerning minimum standards for basic,
intermediate, and advanced arson investigator certifications. Amendments to §431.3
clarify the name of the TCFP's fire investigation curriculum, update the number
of hours of instruction in a National Fire Academy program for fire investigation
which an individual must successfully complete in order to be certified as
Basic Arson Investigator, and establishes an additional option for becoming
eligible to take the TCFP's written examination for fire investigator certification.
Amendments to §431.5 and §431.7 add options for completing the course
requirements for intermediate and advanced arson investigator certifications.
The TCFP also proposes new §431.13, International Fire Service Accreditation
Congress (IFSAC) Certification, concerning application to the TCFP for IFSAC
seals.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, 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. Soteriou has also determined that for each of the first five years
the proposed amendments and new section are in effect the public benefit anticipated
as a result of enforcing the amended sections will be an increase in the number
of eligible applicants for fire investigator and arson investigator certifications.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the amendments.
Comments on the proposals 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-mailed to
info@tcfp.state.tx.us
.
The amendments and new section are proposed under Texas Government
Code, §419.008, which provides the TCFP with authority to propose rules
for the administration of its powers and duties, and Texas Government Code, §419.022,
which provides the TCFP with the 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.
§431.3.Minimum Standards for Basic Arson Investigator Certification.
(a)
Training programs that are intended to satisfy the requirements
of this section must meet the curriculum, competencies, and hour requirements
of this section. All applicants for certification must meet the examination
requirements of this section.
(b)
In order to be certified by the commission as a Basic Arson
Investigator an individual must:
(1)
possess a current basic peace officer's license from the
Texas Commission on Law Enforcement Officer Standards and Education or documentation
that the individual is a federal law enforcement officer;
(2)
hold a current commission as a peace officer with the employing
entity for which the arson investigations will be done;
(3)
complete a commission approved basic fire investigation
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 investigation training program shall consist of one
of the following:
(A)
completion of the commission approved [
(B)
successful completion of a minimum of
128
[
(i)
Arson Detection; or
(ii)
Fire Cause Determination for Company Officers; or
(iii)
Initial Fire Investigation; or
(iv)
Management of Arson Prevention and Control.
(C)
successful completion of an out-of-state or military training
program which has been submitted to the commission for evaluation and found
to meet the minimum requirements as listed in the commission approved [
(D)
successful completion of the following college courses:
Arson Investigator, 3 semester hours; Hazardous Materials, 3 semester hours;
Building Construction, 3 semester hours; Fire Protection Systems, 3 semester
hours. Total semester hours, 12. NOTE: The three semester hour course "Building
Codes and Construction" may be substituted for Building Construction. Arson
Investigator I or II may be used to satisfy the requirements of Arson Investigation.
Hazardous Materials I or II may be used to satisfy the requirements of Hazardous
Materials.
(c)
A person who holds or is eligible to hold a certificate
upon employment as a part-time arson investigator may be certified as an arson
investigator, of the same level of certification, without meeting the applicable
examination requirements.
(d)
An individual from another
jurisdiction who possesses valid documentation of accreditation from the International
Fire Service Accreditation Congress as a Fire Investigator shall be eligible
to take the commission written examination for Fire Investigator.
§431.5.Minimum Standards for Intermediate Arson Investigator Certification.
(a)
Applicants for Intermediate Arson Investigator Certification
must complete the following requirements:
(1)
hold as a prerequisite a Basic Arson Investigator Certification
as defined in §431.3 of this title (relating to Minimum Standards for
Basic Arson Investigator Certification);
(2)
acquire a minimum of four years of fire protection experience
and complete the courses listed in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsections (c) and (d) of this section; or
(B)
Option 2--Complete a minimum of 96 hours of instruction
in any National Fire Academy courses; or
(C)
Option 3--Successfully complete three semester hours of
college courses listed in Option 1 and a minimum of 48 hours in any National
Fire Academy courses.
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the Commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the Commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.
(b)-(d)
(No change).
§431.7. Minimum Standards for Advanced Arson Investigator Certification.
(a)
Applicants for Advanced Arson Investigator certification
must complete the following requirements:
(1)
hold as a prerequisite an Intermediate Arson Investigator
Certification as defined in §431.5 of this title (relating to Minimum
Standards for Intermediate Arson Investigator Certification);
(2)
acquire a minimum of eight years of fire protection experience
and complete the courses listed in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsections (c) and (d) of this section;
(B)
Option 2--Complete a minimum of 96 hours of instruction
in any National Fire Academy courses;
(C)
Option 3--Successfully complete three semester hours of
college courses listed in Option 1 and a minimum of 48 hours in any National
Fire Academy courses; or
(D)
Option 4--Advanced Arson for Profit (Bureau of Alcohol,
Tobacco, and Firearms resident or field course, 80 hours)
(E)
Option 5--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the Commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the Commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 5 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.
(b)-(d)
(No change).
§431.13.International Fire Service Accreditation Congress (IFSAC) Certification.
(a)
Individuals holding current commission Arson Investigator
certification may be granted International Fire Service Accreditation Congress
(IFSAC) Certification as a Fire Investigator by making application to the
commission for the IFSAC seal and paying applicable fees.
(b)
Individuals completing a commission approved basic fire
investigator program and passing the applicable state examination may be granted
IFSAC Certification as a Fire Investigator by making application to the commission
for the IFSAC seal and paying applicable fees.
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 April 17, 2002.
TRD-200202382
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
37 TAC §431.205
The Texas Commission on Fire Protection (TCFP) proposes new §431.205,
International Fire Service Accreditation Congress (IFSAC) Certification,
concerning application to the TCFP for IFSAC seals for fire investigator.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five- year period the new section
is in effect there will be no fiscal implications for state or local governments.
Mr. Soteriou has also determined that for each of the first five years
the new section is in effect, the public benefit anticipated as a result of
enforcing the new section will be an increase in the number of eligible applicants
for fire investigator certification.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the proposed new section.
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-mailed to
info@tcfp.state.tx.us
.
The new section is proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.022, which
provides the TCFP with the 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 new section.
§431.205.International Fire Service Accreditation Congress (IFSAC) Certification.
(a)
Individuals holding current commission Fire Investigator
certification may be granted International Fire Service Accreditation Congress
(IFSAC) Certification as a Fire Investigator by making application to the
commission for the IFSAC seal and paying applicable fees.
(b)
Individuals completing a commission approved basic fire
investigator program and passing the applicable state examination may be granted
IFSAC Certification as a Fire Investigator by making application to the commission
for the IFSAC seal and paying applicable fees.
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 April 17, 2002.
TRD-200202383
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §439.5, §439.13
The Texas Commission on Fire Protection (TCFP) proposes changes
to §439.5 and §439.13, concerning the examination procedure and
testing for proof of proficiency. Amendments to §439.5 specify that training
providers, except for Basic Fire Suppression Academies, shall test for competency
in all performance skills developed for a particular curriculum. Amendments
to §439.13 establish that persons who are called to active military duty
are not considered to have a break in service, so they would not have to retest
to obtain new certificates.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five- year period the amended
sections are in effect there will be no fiscal implications for state governments.
Local governments will pay less in examination fees for their fire protection
personnel returning from active military duty.
Mr. Soteriou has also 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 more thoroughly tested fire
protection personnel and an easier renewal process for fire protection personnel
who are returning from active military duty.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the amendments.
Comments on the proposals 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-mailed to
info@tcfp.state.tx.us
.
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.032, which
provides the TCFP with the authority to establish standards for basic certification
tests for fire protection personnel.
Texas Government Code, §419.032, is affected by the proposed amendments.
§439.5.Procedures.
(a)-(e)
(No change.)
(f)
During the course of instruction,
the provider of training, except for a Basic Fire Suppression academy identified
in subsection (e) of this section, shall test for competency all performance
skills listed in the applicable curriculum. This applies only for curricula
in which performance standards have been developed. Retests must be conducted
prior to the completion of the course. All skills must be demonstrated before
a commission approved field examiner.
(g)
[
(h)
[
(i)
[
(j)
[
(k)
[
(l)
[
(m)
[
(1)
ensure that the examination remains secure and is conducted
under conditions warranting honest results; and
(2)
collect all examination materials from any examinee who
is dismissed.
(n)
[
(1)
monitor the examination while in progress;
(2)
control entrance to and exit from the test site;
(3)
permit no one in the room while the written test is in
progress except examiners, examinees, and commission staff;
(4)
assign or re-assign seating; and
(5)
bar admission to or dismiss any examinee who fails to comply
with any of the provisions of subsections (a) and (b) of this section.
(o)
[
(p)
[
(q)
[
(r)
[
(s)
[
(t)
[
(u)
[
§439.13.Testing for Proof of Proficiency.
(a)-(b)
(No change.)
(c)
An individual
[
(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 April 17, 2002.
TRD-200202384
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
37 TAC §441.5
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §441.5, concerning continuing education. The proposed amendment
clarifies that an individual who is not a member of a paid or volunteer fire
department is not required to obtain documentation from the head of a fire
department to apply for an exemption from the TCFP's continuing education
requirements due to accident or injury.
Jake Soteriou, Fire Service Standards and Certification Division Director,
has determined that for each year of the first five-year period that the amended
section is in effect there will be no fiscal implications for state and local
governments.
Mr. Soteriou has also determined that for the first five-year period that
the proposed amendment is in effect the public benefit anticipated as a result
of enforcing the amended section will be a clearer understanding of the TCFP's
intent with regard to exemptions from continuing education requirements due
to injury or illness There are no additional costs of compliance anticipated
for small or large businesses.
Comments on the proposal may be submitted to Jake Soteriou, Fire Service
Standards and Certification Division Director, Texas Commission on Fire Protection,
P. O. Box 2286, Austin, TX 78768- 2286 or submitted by e-mail to
info@tcfp.state.tx.us
.
The amendment is proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties; and Texas Government Code, §419.032, which
provides the TCFP with the authority to adopt rules relating to continuing
education requirements for fire protection personnel.
Texas Government Code, §419.032, is affected by the proposed amendment.
§441.5.Requirements.
(a)-(j)
(No change.)
(k)
Any individual who is not a member of a paid or volunteer
fire department who is unable to perform work, substantially similar in nature
as would be performed by fire protection personnel assigned to that discipline,
may be exempted from the continuing education requirement for the current
renewal period. Commission staff shall determine the exemption
using
[
(l)-(m)
(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 April 17, 2002.
TRD-200202385
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I
37 TAC §451.1, §451.3
The Texas Commission on Fire Protection (TCFP) proposes changes
to §451.1 and §451.3, concerning minimum standards for Fire Officer
I certification. Amendments to §451.1 remove the references to the effective
date of the section and the one- year window of opportunity for individuals
with previous training to challenge the certification examination. Amendments
to §451.3 remove references to the effective date of the section.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, 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. Soteriou has also determined that for each of the first five years
the proposed amendments and new section are in effect the public benefit anticipated
as a result of enforcing the amended sections will be that standardized training
requirements for Fire Officer I certification will ensure high standards for
training specific to the management of fire department operations.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the amended sections.
Comments on the proposals 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-mailed to
info@tcfp.state.tx.us
.
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.022, which
provides the TCFP with the 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.
§451.1.Fire Officer I Certification.
[
[
[
§451.3.Minimum Standards for Fire Officer I Certification.
(a)
[
(b)-(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 April 17, 2002.
TRD-200202386
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
37 TAC §451.201, §451.203
The Texas Commission on Fire Protection (TCFP) proposes changes
to §451.201 and §451.203, concerning minimum standards for Fire
Officer II certification. Amendments to §451.201 remove the references
to the effective date of the section and the one-year window of opportunity
for individuals with previous training to challenge the certification examination.
Amendments to §451.203 remove references to the effective date of the
section.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, 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. Soteriou has also determined that for each of the first five years
the proposed amendments and new section are in effect the public benefit anticipated
as a result of enforcing the amended sections will be that standardized training
requirements for Fire Officer II certification will ensure high standards
for training specific to the management of fire department operations.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the amended sections.
Comments on the proposals 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-mailed to
info@tcfp.state.tx.us
.
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, and Texas Government Code, §419.022, which
provides the TCFP with the 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.
§451.201.Fire Officer II Certification.
[
[
[
§451.203. Minimum Standards for Fire Officer II Certification.
(a)
[
(b)-(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 April 17, 2002.
TRD-200202387
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
37 TAC §473.11
(Editor's note: The text of the following section proposed
for repeal will not be published. The section 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 (TCFP) proposes the
repeal of Chapter 473, Volunteer Fire Fighter, which consists only of §473.11,
concerning International Fire Service Accreditation Congress (IFSAC) certification
for volunteer fire fighters. The proposed repeal removes language that is
currently found in 37 TAC §423.13 of the TCFP's rules.
Jake Soteriou, Fire Service Standards and Certification Division Director,
has determined that for each year of the first five-year period following
the repeal of the section there will be no fiscal implications for state and
local governments.
Mr. Soteriou has also determined that for the first five-year period following
the proposed repeal of the section, the anticipated public benefit is a clearer
understanding of the TCFP's rules from the removal of duplicated information.
There are no additional costs of compliance anticipated for small or large
businesses.
Comments on the proposed repeal may be submitted to Gary L. Warren, Sr.,
Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin,
TX 78768-2286 or submitted by e-mail to
info@tcfp.state.tx.us
.
The repeal is proposed under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rule actions for the administration
of its powers and duties; and Texas Government Code, §419.071, which
provides the TCFP with the authority to propose rule actions concerning voluntary
certification standards for volunteer fire protection personnel.
Texas Government Code, §419.071, is affected by the proposed repeal.
§473.11.International Fire Service Accreditation Congress (IFSAC) Certification.
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 April 17, 2002.
TRD-200202388
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 239-4921
Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL Protection ] Personnel Certification.
Protection
] Personnel Certification must
complete the following requirements:
Protection
] Personnel Certification as
defined in §423.203 of this title (relating to Minimum Standards for
Basic Aircraft
Rescue
Fire
Fighting
[
Protection
] Personnel Certification);
Protection
] Personnel Certification.
Personnel
] Certification. Repeating
a course or course of similar content cannot be used towards higher levels
of certification.
Protection ] Personnel Certification.
Protection
] Personnel certification must complete
the following requirements:
Protection
] Personnel Certification
as defined in §423.205 of this title (relating to Minimum Standards for
Intermediate
[
Advanced
] Aircraft
Rescue
Fire
Fighting
[
Protection
] Personnel Certification);
Protection
] Personnel Certification.
Protection
] Personnel Certification.
Repeating a course or course of similar content cannot be used towards higher
levels of certification.
Subchapter C. MINIMUM STANDARDS FOR MARINE FIRE PROTECTION PERSONNEL
Chapter 431.
FIRE INVESTIGATION
Basic
]
Fire Investigator Curriculum, as specified in Chapter 5 of the commission's
document titled "Commission Certification Curriculum Manual," as approved
by the commission in accordance with Chapter 443 of this title (relating to
Certification Curriculum Manual);
122
] hours of instruction in a National Fire Academy program for fire
investigation. The program must include the basic course, Fire Arson Investigation,
and any combination of the following courses or their predecessor:
Basic
] Fire Investigator Curriculum as specified in Chapter 5 of the
commission's document titled "Commission Certification Curriculum Manual";
or
Subchapter B. MINIMUM STANDARDS FOR FIRE INVESTIGATOR CERTIFICATION
Chapter 439.
EXAMINATIONS FOR CERTIFICATION
(f)
] Commission examinations, or
retests, for less than eight (8) examinees must be conducted in Austin, Texas,
or other place designated by the commission. The commission must coordinate
with the provider of training as to the time of the examination.
(g)
] Commission examinations, or
retests, for less than eight (8) examinees must be conducted in accordance
with this section, provided that entity providing the training agrees to pay
an examination fee equal to the amount that would be charged for eight (8)
examinees.
(h)
] If a performance test is part
of the commission examination, examinees that are required to take the commission
examination in Austin, Texas, or other place designated by the commission,
shall be required to furnish a complete set of protective clothing that complies
with §435.1(2) (Relating to Protective Clothing). Examinees are encouraged,
but not required, to provide a self-contained breathing apparatus that complies
with §435.3(2) (Relating to Self-Contained Breathing Apparatus) that
the examinee is familiar with and an extra full cylinder.
(i)
] If the designated training
officer or coordinator of the entity providing the training determines that
the time and/or place of the examination as set by the commission is not acceptable
for good cause, he may request the commission to reschedule or relocate the
examination providing the request is received at least 20 days prior to the
original scheduled time of the examination or the new proposed time, whichever
would result in the earliest notification. The commission shall give all such
request due consideration and may reschedule or relocate the examination as
necessary.
(j)
] Each examination must be administered
by a member of the commission staff known as a "Staff Examiner."
(k)
] The staff examiner may administer
the examination alone or with the assistance of one or more additional examiners.
The additional examiners shall be known as field examiners and shall be approved
by the commission.
(l)
] The staff examiner must:
(m)
] The staff examiner or field
examiner must:
(n)
] Examination booklets, answer
sheets, scratch paper and grade roster(s) will be delivered to the staff examiner
by means specified by the commission. The staff examiner must immediately
document any errors detected in the examination materials provided.
(o)
] The staff examiner must remit
to the commission all examination booklets, answer sheets and scratch paper
in the return container provided by the commission immediately following the
completion of the written examination.
(p)
] All official grading and notification
must come from the commission. The commission staff must inform the training
officer or coordinator of preliminary test results within three (3) business
days after completion of the examination. The commission staff must notify
the training officer or coordinator of the official test results in writing
within thirty (30) days after completion of the examination.
(q)
] The commission will provide
one individual grade report to each examinee. If the grade report should prove
to be undeliverable, it shall be the responsibility of the examinee to contact
the commission office to make arrangements for an additional grade report.
(r)
] If performance skills are required
as part of a certification examination, the entity applying for the certification
examination shall be responsible for providing the required number of Approved
Field Examiners. The number of Field Examiners shall be determined by the
commission.
(s)
] Each written examination may
have two types of questions: pilot and active. Pilot questions are new questions
placed on the examination for statistical purposes only. These questions do
not count against an examinee if answered incorrectly.
(t)
] An individual who has documented
completion of commission approved Fire Fighter II training will be allowed
to take the Basic Fire Suppression Fire Fighter II examination, if it has
been less than four years since the individual has passed the commission's
Basic Fire Suppression Fire Fighter I written and performance evaluation.
For the purposes of this
section, the time that a person serves in the military
] who is called
to active
military
duty in accordance with applicable federal law
[
or that a person serves in the state legislature who qualifies for legislative
leave under the provisions of Texas Civil Statutes, Article 6252-4c,
]
is not considered
to have
a break in service [
for any reason
and the person is not required to complete the examination requirement upon
return to employment to a fire protection personnel position in order to obtain
a new certificate, provided that the individual must comply with the continuing
education requirement applicable to the certificate previously held by the
individual after the effective date of this rule except as provided by federal
law
].
That person would not have to complete the examination requirement
upon return to employment as a fire protection personnel. To obtain a new
certificate, the individual must submit the renewal fee and documentation
for 20 hours of continuing education.
Chapter 441.
CONTINUING EDUCATION
with
] documentation of the illness or injury
that cumulatively
lasts six months or longer, from documentation
[
and time frames
] provided by the individual
and the individual's treating physician
[
in accordance with the preceding subsection
].
Chapter 451.
FIRE OFFICER
(a)
The effective date of this
section shall be February 1, 2001.]
(b)
]
A Fire Officer I is defined as an individual
who may supervise fire personnel during emergency and non-emergency work periods;
serve in a public relations capacity with members of the community; implement
departmental policies and procedures at the unit level; secure fire scenes
and perform fire investigations to determine preliminary cause; conduct pre-incident
planning; supervise emergency operations; or ensure a safe working environment
for all personnel.
(c)
Within one year of the effective
date of this section, an individual may apply for certification as a Fire
Officer I and is eligible to take the commission examination for Fire Officer
I, upon documentation to the Commission that the individual has completed
the Fire Officer I training meeting the minimum requirements of the National
Fire Protection Association Standard 1021, Chapter 2 (1997 edition, or earlier).
Individuals who qualify with training under the college course option are
not subject to the one year limit of this subsection.]
The effective date of this section shall be February
1, 2001.
] Training programs that are intended to satisfy the requirements
of this section [
, that are started on or after the effective date of
this section,
] must meet the curriculum, competencies, and hour requirements
of this section. All applicants for certification must meet the examination
requirements of this section.
Subchapter B. MINIMUM STANDARDS FOR FIRE OFFICER II
(a)
The effective date of this
section shall be February 1, 2001.]
(b)
]
A Fire Officer II is defined as an individual
who may evaluate the performance of personnel; deliver public education programs;
prepare budget requests, news releases, and policy changes; conduct inspections
and investigations; supervise multi- unit emergency operations; and identify
unsafe work environments and take preventive action; or review injury, accident,
and health exposure reports. Individuals who perform inspections must comply
with Chapter 429 of this title (relating to Minimum Standards for Fire Inspectors).
Individuals who perform investigations must comply with Chapter 431 of this
title (relating to Fire Investigation).
(c)
Within one year of the effective
date of this section, an individual may apply for certification as a Fire
Officer II and is eligible to take the commission examination for Fire Officer
II, upon documentation to the Commission that the individual has completed
the Fire Officer II training meeting the minimum requirements of the National
Fire Protection Association Standard 1021, Chapter 3 (1997 edition, or earlier),
and holds, as a minimum, intermediate fire service instructor certification,
intermediate fire education specialist certification or associate instructor
certification through the commission. Individuals who qualify with training
under the college course option are not subject to the one year limit of this
subsection.]
The effective date of this section shall be February
1, 2001.
] Training programs that are intended to satisfy the requirements
of this section [
, that are started on or after the effective date of
this section,
] must meet the curriculum, competencies, and hour requirements
of this section. All applicants for certification must meet the examination
requirements of this section.
Chapter 473.
VOLUNTEER FIRE FIGHTER
Chapter 481.
VOLUNTEER FIRE FIGHTER FEES