TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 13. TEXAS COMMISSION ON FIRE PROTECTION

Chapter 423. FIRE SUPPRESSION

The Texas Commission on Fire Protection (TCFP) proposes amendments to §423.3, concerning minimum standards for basic structure fire protection personnel certification, and §423.303, concerning minimum standards for basic aircraft rescue fire fighting personnel certification, in Chapter 423, entitled Fire Suppression.

The proposed amendments to §423.3 and §423.203 offer an additional method for meeting certification requirements for basic levels of certification. That additional method is to provide documentation of accreditation by the International Fire Service Accreditation Congress (an IFSAC seal). The amendment to §423.3 also adds an option to the training requirements of the rule that would make a current medical certification with the National Registry a valid way to meet those training requirements.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the proposed amendments are in effect there will be no significant fiscal impact on state or local governments.

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 amendments will be reciprocity to individuals who hold IFSAC seals from another jurisdiction. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed rule actions.

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.

Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION

37 TAC §423.3

The amendments are proposed under Texas Government Code, §419.008, which provides the TCFP with the authority to propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum standards for admission to employment as fire protection personnel.

Texas Government Code, §419.022 is affected by the proposed amendments.

§423.3.Minimum Standards for Basic Structure Fire Protection Personnel Certification.

(a) In order to become certified as basic structure fire protection personnel, an individual must:

(1) Possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire Fighter I, Fire Fighter II, First Responder Awareness, and First Responder Operations; or

(2) [ (1) ] complete a commission approved basic structure fire suppression program and successfully pass the commission examination(s) as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved basic structure fire suppression program shall consist of one or any combination of the following:

(A) completion of a commission approved Basic Fire Suppression Curriculum, as specified in Chapter 1 of the commission's Certification Curriculum Manual; or

(B) completion of the five phase levels of the approved Basic Fire Suppression Curriculum, as specified in Chapter 1 of the commission's Certification Curriculum Manual; or

(C) completion of an out-of-state training program deemed equivalent to the commission-approved basic fire suppression curriculum; or

(D) completion of a military training program deemed equivalent to a commission-approved basic fire suppression curriculum; or

(E) documentation of the receipt of an advanced certificate or training records from the State Firemen's and Fire Marshals' Association of Texas, that is deemed equivalent to a commission approved basic fire suppression curriculum ; and [ . ]

(3) [ (2) ] complete as a minimum the certification requirements and hold a current certification by the Texas Department of Health, as an emergency care attendant. Any higher level of emergency medical certification recognized by the Texas Department of Health, such as EMT or paramedic may also be used to satisfy the emergency medical training requirement of this section. Certification from the American Red Cross of successful completion of the American Red Cross Emergency Response course of at least 53 hours, including optional lessons and enrichment sections, may also be used to satisfy the training requirement of this section. A current medical certification with the National Registry may also be used to satisfy the training requirement of this section.

(b) (No change.)

[ (c) Except as provided in subsection (a)(1)(C)-(E) of this section, the commission approved basic fire suppression curriculum must be taught by a training facility that has been certified by the commission as provided in Chapter 427, of this title (relating to Training Facility Certification).]

(c) [ (d) ] A person who holds or is eligible to hold a certificate upon employment as a part-time structural firefighter may be certified as a structural fire protection personnel, of the same level of certification, without meeting the applicable examination requirements.

(d) [ (e) ] If a person holds a current certification as a part-time structural firefighter, the Texas Department of Health emergency care attendant certification may be satisfied by documentation of equivalent training or certification in lieu of current certification by the Texas Department of Health.

[ (f) Individuals from another jurisdiction who possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire Fighter II and Driver Operator (Fire Fighter III, Fire Officer I, and Driver Operator if accredited under the 1987 or earlier edition of NFPA 1001) shall be eligible to take the commission examination for basic structural fire protection personnel.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2003.

TRD-200303274

Gary L. Warren Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: July 13, 2003

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


Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL

37 TAC §423.203

The amendments are proposed under Texas Government Code, §419.008, which provides the TCFP with the authority to propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum standards for admission to employment as fire protection personnel.

Texas Government Code, §419.022 is affected by the proposed amendments.

§423.203.Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification.

[ (a) Training programs that are intended to satisfy the requirements for basic aircraft rescue fire fighting personnel certification must meet the curriculum, competencies, and hour requirements of these sections. All applicants for certification must meet the examination requirements of this section.]

(a) [ (b) ] In order to obtain basic aircraft rescue fire fighting personnel certification the individual must:

(1) hold basic structure fire protection personnel certification; and

(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as an Airport Fire Fighter; or

(3) [ (2) ] complete a commission approved aircraft rescue fire suppression training program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved [ specific to ] aircraft rescue fire suppression training program shall consist [ consisting ] of one of the following:

(A) a commission approved Basic Aircraft Rescue Fire Suppression curriculum as specified in Chapter 2 of the commission's Certification Curriculum Manual. This course must be taught by a training facility that has been certified by the commission as provided in Chapter 427 of this title (relating to Training Facility Certification); or

(B) an out-of-state training program that has been submitted to the commission for evaluation and found to be equivalent to or to exceed the commission approved basic aircraft rescue fire suppression curriculum; or

(C) a military training program that has been submitted to the commission for evaluation and found to be equivalent to or to exceed the commission approved basic aircraft rescue fire suppression curriculum;

[ (3) successfully pass a written commission examination pertaining to aircraft rescue fire protection conducted according to the rules set forth in Chapter 439 of this title (relating to Examinations for Certification); and]

[ (4) meet the requirements for performance skills in Chapter 439.]

(b) [ (c) ] Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if the subjects taught, subject content, hours of training in each subject, and total hours of training meet or exceed the requirements set forth in Chapter 2 (pertaining to Basic Aircraft Rescue Fire Protection) of the commission's Certification Curriculum Manual.

(c) [ (d) ] A person who holds or is eligible to hold a certificate upon employment as a part-time aircraft rescue firefighter may be certified as an aircraft rescue fire fighting personnel, of the same level of certification, without meeting the applicable examination requirements.

(d) [ (e) ] If a person holds a current certification as a part-time aircraft rescue firefighter, the Texas Department of Health emergency care attendant certification may be satisfied by documentation of equivalent training or certification in lieu of current certification by the Texas Department of Health.

[ (f) Individuals from another jurisdiction who possess valid documentation of accreditation from the International Fire Service Accreditation Congress as an Airport Fire Fighter, Fire Fighter I, and Fire Fighter II shall be eligible to take the commission examination for basic aircraft rescue fire fighting personnel.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2003.

TRD-200303273

Gary L. Warren Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: July 13, 2003

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


Chapter 431. FIRE INVESTIGATION

The Texas Commission on Fire Protection (TCFP) proposes amendments to §431.3, concerning minimum standards for basic arson investigator certification, and §431.203, concerning minimum standards for fire investigator certification, in Chapter 431, entitled Fire Investigation.

The proposed amendment to §431.3 offers an additional method for meeting certification requirements for basic levels of certification. That additional method is to provide documentation of accreditation by the International Fire Service Accreditation Congress (an IFSAC seal).

The proposed amendment to §431.203 consists of the rewording of subsection (b) for clarity and to account for the concurrent proposed amendment to §431.3.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the proposed amendments are in effect there will be no significant fiscal impact on state or local governments.

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 amendments will be reciprocity for individuals who hold IFSAC seals from another jurisdiction, and a more clear understanding of the rule requirements. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed rule actions.

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.

Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION

37 TAC §431.3

The amendments are proposed under Texas Government Code, §419.008, which provides the TCFP with the authority propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum standards for admission to employment as fire protection personnel.

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.]

(a) [ (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; and

(3) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire Investigator; or

(4) [ (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 Fire Investigator Curriculum, as specified in Chapter 5 of the commission's Certification Curriculum Manual;

(B) successful completion of a minimum of 128 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:

(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 Fire Investigator Curriculum as specified in Chapter 5 of the commission's Certification Curriculum Manual; or

(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.

(b) [ (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.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2003.

TRD-200303272

Gary L. Warren Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: July 13, 2003

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


Subchapter B. MINIMUM STANDARDS FOR FIRE INVESTIGATOR CERTIFICATION

37 TAC §431.203

The amendments are proposed under Texas Government Code, §419.008, which provides the TCFP with the authority propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum standards for admission to employment as fire protection personnel.

Texas Government Code, §419.022 is affected by the proposed amendments.

§431.203.Minimum Standards for Fire 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 Fire Investigator an individual must complete the requirements [ a commission approved basic fire investigation training program as ] specified in §431.3(a)(3) or (4) [ §431.3(b)(3) ] of this title [ (relating to Minimum Standards for Basic Arson Investigator Certification) and successfully pass the commission examination as specified in Chapter 439 of this title ].

(c)-(e) (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 May 28, 2003.

TRD-200303271

Gary L. Warren Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: July 13, 2003

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


Chapter 433. MINIMUM STANDARDS FOR DRIVER/OPERATOR-PUMPER

37 TAC §433.3

The Texas Commission on Fire Protection (TCFP) proposes an amendment to §433.3, concerning minimum standards for Driver/Operator-Pumper certification in Chapter 433, entitled Minimum Standards for Driver/Operator-Pumper.

The proposed amendment offers an additional method for meeting certification requirements for basic levels of certification. That additional method is to provide documentation of accreditation by the International Fire Service Accreditation Congress (an IFSAC seal). The amendment also rewords some subsections for clarity, and deletes obsolete language.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the proposed amendment is in effect there will be no significant fiscal impact on state or local governments.

Mr. Soteriou has also determined that for each of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be reciprocity for individuals who hold IFSAC seals from another jurisdiction, and a more clear understanding of the rule requirements.

There are no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed rule actions.

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 the authority to propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum standards for admission to employment as fire protection personnel.

Texas Government Code, §419.022 is affected by the proposed amendments.

§433.3.Minimum Standards for Driver/Operator - Pumper 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.]

(a) [ (b) ] In order to obtain Driver/Operator - Pumper certification the individual must:

(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and

(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as Driver/Operator -- Pumper; or

(3) [ (2) ] complete a commission approved Driver/Operator - Pumper Curriculum and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved driver/operator - pumper program must consist of one of the following:

(A) complete a commission approved Driver/Operator - Pumper Curriculum of at least 40 hours as specified in Chapter 7 of the commission's [ 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) ].

(B) complete an out-of-state training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Driver/Operator - Pumper Curriculum.

(C) complete a military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceeds the commission approved Driver/Operator - Pumper Curriculum.

(b) [ (c) ] Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 7 (pertaining to Driver/Operator - Pumper) of the commission's [ "Commission ] Certification Curriculum Manual [ " ] are met.

[ (d) The commission approved Driver/Operator - Pumper Curriculum must be conducted by a training facility that has been certified by the commission as provided in Chapter 427 of this title (relating to Certified Training Facilities).]

[ (e) An individual from another jurisdiction who possesses valid documentation of accreditation from the International Fire Service Accreditation Congress as Driver/Operator - Pumper shall be eligible to take the commission written examination for driver/operator - pumper.]

(c) [ (f) ] No individual will be permitted to take the commission examination for driver/operator - pumper unless the individual documents, as a minimum, completion of NFPA 1001 Fire Fighter I training.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2003.

TRD-200303270

Gary L. Warren Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: July 13, 2003

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


Chapter 439. EXAMINATIONS FOR CERTIFICATION

Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING

37 TAC §439.1, §439.5

The Texas Commission on Fire Protection (TCFP) proposes amendments to §439.1, concerning general requirements, and §439.5, concerning procedures, in Chapter 439, entitled Examinations for Certification.

The proposed amendment to §439.1 adds an additional method to certification requirements for basic levels of certification. That additional method is to provide documentation of accreditation by the International Fire Service Accreditation Congress (an IFSAC seal).

The proposed amendment to §439.5 changes the time period in which the commission staff must notify the training officer or coordinator of preliminary test results from three (3) business days to seven (7) business days, and removes the requirement that official test results must be provided in writing within 30 days after the date of the examination. The proposed amendment also deletes obsolete language.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the proposed amendments are in effect there will be no significant fiscal impact on state or local governments.

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 amendments will be reciprocity for individuals who hold IFSAC seals from another jurisdiction, more timely notification of test results, which represents a monetary and personnel-hour savings, and a more clear understanding of the rule requirements.

There are no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed rule actions.

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 propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum standards for admission to employment as fire protection personnel, and Texas Government Code, §419.035(a), which sets out the time frame under which notice of the results of a certification examination must be provided.

Texas Government Code, §419.022(a)(5) and §419.035(a) are affected by the proposed amendments.

§439.1.Requirements--General.

(a) In order to be certified by the commission as fire protection personnel, an individual must possess valid documentation of accreditation from the International Fire Service Accreditation Congress in the applicable discipline or complete an approved curriculum as required for that discipline and pass a commission examination pertaining to that discipline.

(b)-(e) (No change.)

§439.5.Procedures.

(a)-(p) (No change.)

(q) All official grading and notification must come from the commission. The commission staff must make available to [ inform ] the training officer or coordinator the [ of ] preliminary test results within seven (7) [ 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. ]

[ (r) 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) [ (s) ] 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) [ (t) ] 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) [ (u) ] 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.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2003.

TRD-200303269

Gary L. Warren Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: July 13, 2003

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


Chapter 451. FIRE OFFICER

The Texas Commission on Fire Protection (TCFP) proposes amendments to §451.3, concerning minimum standards for Fire Officer I certification, and §451.203, concerning minimum standards for Fire Officer II certification, in Chapter 451, entitled Fire Officer.

The proposed amendments offer an additional method for meeting requirements for certification. That additional method is to provide documentation of accreditation by the International Fire Service Accreditation Congress (an IFSAC seal). The amendments also reword some subsections for clarity, and delete obsolete language.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the proposed amendments are in effect there will be no significant fiscal impact on state or local governments.

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 amendments will be reciprocity for individuals who hold IFSAC seals from another jurisdiction, and a more clear understanding of the rule requirements. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed rule actions.

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.

Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I

37 TAC §451.3

The amendments are proposed under Texas Government Code, §419.008, which provides the TCFP with the authority to propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum standards for admission to employment as fire protection personnel.

Texas Government Code, §419.022 is affected by the proposed amendments.

§451.3.Minimum Standards for Fire Officer I 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.]

(a) [ (b) ] In order to be certified as a Fire Officer I an individual must:

(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and

(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as Fire Fighter II and Fire Officer I; or

(3) [ (2) ] complete a commission approved Fire Officer I program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire Officer I program must consist of one of the following:

(A) completion of a commission approved Fire Officer I Curriculum as specified in Chapter 9 of the commission's [ 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) ];

(B) completion of an out-of-state training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Fire Officer I Curriculum;

(C) completion of a military training program that has been submitted to the commission for evaluation and found to be equivalent or exceed the commission approved Fire Officer I Curriculum; or

(D) successful completion of 15 college semester hours consisting of the following courses or their equivalent:

(i) Fire Prevention Codes and Inspections, 3 semester hours;

(ii) Fire and Arson Investigation I or II, 3 semester hours;

(iii) Fire Administration I, 3 semester hours;

(iv) Firefighting Strategies and Tactics I or II, 3 semester hours; and

(v) Company Fire Officer, 3 semester hours.

(b) [ (c) ] Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 9 (pertaining to Fire Officer I) of the commission's [ "Commission ] Certification Curriculum Manual [ " ] are met.

(c) [ (d) ] College courses will be considered equivalent if the course description is substantially similar to the course description contained in the Workforce Education Course Manual (WECM) from the Texas Higher Education Coordinating Board.

[ (e) The commission approved Fire Officer I curriculum must be conducted by a training facility that has been certified by the commission as provided in Chapter 427 of this title (relating to Certified Training Facilities).]

[ (f) An individual from another jurisdiction who possesses valid documentation of accreditation from the International Fire Service Accreditation Congress as Fire Fighter II and Fire Officer I shall be eligible to take the commission written examination for Fire Officer I.]

(d) [ (g) ] No individual will be permitted to take the commission examination for Fire Officer I certification unless the individual documents completion of the Fire Fighter I and Fire Fighter II level training as required by Chapter 1, Basic Fire Suppression, of the commission's [ "Commission ] Certification Curriculum Manual[ " ].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2003.

TRD-200303268

Gary L. Warren Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: July 13, 2003

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


Subchapter B. MINIMUM STANDARDS FOR FIRE OFFICER II

37 TAC §451.203

The amendments are proposed under Texas Government Code, §419.008, which provides the TCFP with the authority to propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum standards for admission to employment as fire protection personnel.

Texas Government Code, §419.022 is affected by the proposed amendments.

§451.203.Minimum Standards for Fire Officer II 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.]

(a) [ (b) ] In order to be certified as a Fire Officer II an individual must:

(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and

(2) hold Fire Officer I certification through the commission;

(3) hold, as a minimum, intermediate fire service instructor certification, intermediate fire education specialist certification or associate instructor certification through the commission; and

(4) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as Fire Officer II; or

(5) [ (4) ] complete a commission approved Fire Officer II program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire Officer II program must consist of one of the following:

(A) completion of a commission approved Fire Officer II Curriculum as specified in Chapter 9 of the commission's [ 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) ];

(B) completion of an out-of-state training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Fire Officer II Curriculum;

(C) completion of a military training program that has been submitted to the commission for evaluation and found to be equivalent or exceed the commission approved Fire Officer II Curriculum; or

(D) successful completion of 18 college semester hours consisting of the following courses or their equivalent:

(i) Fire Prevention Codes and Inspections, 3 semester hours;

(ii) Fire and Arson Investigation I or II, 3 semester hours;

(iii) Fire Administration I, 3 semester hours;

(iv) Fire Administration II, 3 semester hours;

(v) Firefighting Strategies and Tactics I or II, 3 semester hours; and

(vi) Company Fire Officer, 3 semester hours.

(b) [ (c) ] Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 9 (pertaining to Fire Officer II) of the commission's [ "Commission ] Certification Curriculum Manual[ " ] are met.

(c) [ (d) ] College courses will be considered equivalent if the course description is substantially similar to the course description contained in the Workforce Education Course Manual (WECM) from the Texas Higher Education Coordinating Board.

[ (e) The commission approved Fire Officer II curriculum must be conducted by a training facility that has been certified by the commission as provided in Chapter 427 of this title (relating to Certified Training Facilities).]

[ (f) An individual from another jurisdiction who possesses valid documentation of accreditation from the International Fire Service Accreditation Congress as Fire Fighter II, Instructor I, and Fire Officer II shall be eligible to take the commission written examination for Fire Officer II.]

(d) [ (g) ] No individual will be permitted to take the commission examination for Fire Officer II certification unless the individual documents completion of the Fire Fighter I and Fire Fighter II level training as required by Chapter 1, Basic Fire Suppression, of the commission's [ "Commission ] Certification Curriculum Manual[ ", ] and holds, as a minimum, intermediate fire service instructor certification, intermediate fire education specialist certification or associate instructor certification through the commission, or documents accreditation from International Fire Service Accreditation Congress as an Instructor I.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2003.

TRD-200303267

Gary L. Warren Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: July 13, 2003

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


Chapter 453. MINIMUM STANDARDS FOR HAZARDOUS MATERIALS TECHNICIAN

37 TAC §453.3

The Texas Commission on Fire Protection (TCFP) proposes an amendment to §453.3, concerning minimum standards for Hazardous Materials Technician certification, in Chapter 453, entitled Minimum Standards for Hazardous Materials Technician.

The proposed amendment offers an additional method for meeting certification requirements for basic levels of certification. That additional method is to provide documentation of accreditation by the International Fire Service Accreditation Congress (an IFSAC seal). The amendment also rewords some subsections for clarity, and deletes obsolete language.

Mr. Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five year period the proposed amendment is in effect there will be no significant fiscal impact on state or local governments.

Mr. Soteriou has also determined that for each of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be reciprocity for individuals who hold IFSAC seals from another jurisdiction, and a more clear understanding of the rule requirements. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed rule action.

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 propose rules for the administration of its powers and duties, and Texas Government Code, §419.022(a)(5), which provides the TCFP with the authority to establish minimum standards for admission to employment as fire protection personnel.

Texas Government Code, §419.022 is affected by the proposed amendments.

§453.3.Minimum Standards for Hazardous Materials Technician Certification.

[ (a) Training programs that are intended to satisfy the requirements of this must meet the curriculum, competencies, and hour requirements of this section. All applicants for certification must meet the examination requirements of this section.]

(a) [ (b) ] In order to be certified as a Hazardous Materials Technician an individual must:

(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel and;

(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Hazardous Materials Technician; or

(3) [ (2) ] complete a commission approved hazardous materials technician program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved hazardous materials technician program must consist of one of the following:

(A) completion of a commission approved Hazardous Materials Technician Curriculum of at least 80 hours as specified in Chapter 6 of the commission's [ 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) ].

(B) completion of an out-of-state training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Hazardous Materials Technician Curriculum.

(C) completion of a military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Hazardous Materials Technician Curriculum.

(b) [ (c) ] Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 6 (pertaining to Hazardous Materials Technician) of the commission's [ "Commission ] Certification Curriculum Manual[ " ] are met.

[ (d) The commission approved hazardous materials technician curriculum must be conducted by a training facility that has been certified by the commission as provided in Chapter 427 of this title (relating to Certified Training Facilities).]

[ (e) An individual from another jurisdiction who possesses valid documentation of accreditation from the International Fire Service Accreditation Congress as First Responder Awareness Level, First Responder Operations Level, and Hazardous Materials Technician shall be eligible to take the commission written examination for hazardous materials technician.]

(c) [ (f) ] No individual will be permitted to take the commission examination for hazardous materials technician unless the individual documents completion of the first responder awareness and operations level training as required by Chapter 1, Basic Fire Suppression, of the commission's [ "Commission ] Certification Curriculum Manual.[ " ]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2003.

TRD-200303266

Gary L. Warren Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: July 13, 2003

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