Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.5
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §421.5, concerning standards for certification, without
changes to the text published in the December 20, 2002, issue of the
The amendment adds and defines the term "political subdivision."
The amendment clarifies the understanding of what entities the Texas Commission
on Fire Protection regulates.
There were no comments received on the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.021, which establishes
a political subdivision to be a "local government," and Texas Government Code, §421.022,
which provides the TCFP with the authority to regulate local governmental
agencies in Texas that employ fire protection personnel.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2003.
TRD-200301213
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 10, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 239-4913
The Texas Commission on Fire Protection (TCFP) adopts amendments to §423.13,
concerning minimum standards for structure fire protection personnel certification, §423.203
concerning minimum standards for aircraft rescue fire fighting personnel,
and §423.211 concerning International Fire Service Accreditation Congress
(IFSAC) Certification without changes to the text published in the December
27, 2002, issue of the
Texas Register
(27
TexReg 12173).
The amendments clarify language regarding the issuance of IFSAC seals and
it also ensures that an examinee has passed each portion of the NFPA Standard
before the applicable IFSAC seal is issued.
The amendments will clarify the rules regarding the issuance of IFSAC seals.
There were no comments received on the proposed amendments.
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
37 TAC §423.13
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2003.
TRD-200301214
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 10, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 239-4913
37 TAC §423.203, §423.211
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 18, 2003.
TRD-200301215
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 10, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 239-4913
37 TAC §433.5, §433.7
The Texas Commission on Fire Protection (TCFP) adopts amendments
to §433.5 and §433.7, concerning examination requirements and International
Fire Service Accreditation Congress (IFSAC) seals for Driver/Operator--Pumper
certification without changes to the text published in the December 20, 2002,
issue of the
Texas Register
(27 TexReg 11906).
The amendments clarify that the written and performance skills portions
of the examination for Driver/Operator--Pumper certification must meet the
requirements in Chapter 439, Examinations for Certification, replaces "Certification"
with "Seal" in the section title and clarifies which individuals may be granted
an IFSAC seal for Driver/Operator--Pumper.
The amendments will clarify skills for Driver/Operator--Pumper examinations
as well as the issuance of IFSAC seals.
There were no comments received on the proposed amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.022, which provides
the TCFP with the authority to establish minimum training standards for admission
to employment as fire protection personnel; and Texas Government Code, §419.032,
which provides the TCFP with authority to propose rules to establish qualifications
for fire protection personnel.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2003.
TRD-200301216
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 10, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 239-4913
37 TAC §435.1, §435.3
The Texas Commission on Fire Protection (TCFP) adopts amendments
to §435.1 and §435.3, concerning protective clothing and self-contained
breathing apparatus. Section 435.3 is adopted with changes to the text published
in the December 20, 2002, issue of the
Texas Register
(27 TexReg 11907). Section 435.1 is adopted without changes and will
not be republished.
The amendments remove language regarding the testing of Breathe-Tex®
moisture liners which were to be removed from service no later than January
1, 2002, and increases the frequency of inspections of SCBA not assigned to
an individual user or in-service apparatus at the beginning of a duty period
from monthly to weekly.
The amendments clarify that all Breathe-Tex® moisture liners should
be taken out of service and clarifies the frequency of SCBA inspections not
assigned to an individual user or in-service apparatus.
There were no comments received on the proposed amendments.
The amendments are adopted 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, §419.047, which
provides the TCFP with the authority to enforce Texas Government Code, §419.040
and §419.041, concerning protective clothing and self-contained breathing
apparatus.
§435.3.Self-contained Breathing Apparatus.
The employing entity shall:
(1)
purchase, provide, and maintain a complete self-contained
breathing apparatus for each on duty fire protection personnel who engage
in operations where IDLH atmospheres may be encountered, where the atmosphere
is unknown or would be exposed to hazardous atmospheres from fire or other
emergencies or where the potential for such exposure exists;
(2)
ensure that all self-contained breathing apparatus used
by fire protection personnel complies with the minimum standards of the National
Fire Protection Association identified in NFPA 1981, Standard on Open-Circuit
Self-contained Breathing Apparatus for Fire Fighters:
(A)
the National Fire Protection Association standard applicable
to a self-contained breathing apparatus is the standard in effect at the time
the entity contracts for new, rebuilt, or used self-contained breathing apparatus;
(B)
an entity may continue to use a self-contained breathing
apparatus that meets the requirements of an earlier edition of NFPA 1981,
unless the commission determines that the continued use of the self-contained
breathing apparatus constitutes an undue risk to the wearer, in which case
the commission shall order that the use be discontinued and shall set an appropriate
date for compliance with the revised standard;
(3)
ensure that an SCBA that is assigned to an individual user
or in-service apparatus be inspected at the beginning of each duty period
and where an SCBA is not assigned to an individual user or in-service apparatus
but is available for immediate use for a duty period, the inspection shall
be performed at least weekly and shall include a check of the entire unit
for deteriorated components, air tightness of cylinders and valves, gauge
comparison, reducing valve and bypass valve operation, and check of the regulator,
exhalation valve, and low-air alarm. All other SCBA shall be inspected prior
to being placed into service. The inspection shall comply with the minimum
requirements of the National Fire Protection Association. The SCBA shall be
clean and ready for service;
(4)
ensure that compressed breathing air from any source, including
but not limited to transferred air from vendor cylinders to other cylinders,
fire department air compressors, cascade systems and private sources, that
is used to fill the cylinders of a self-contained breathing apparatus complies
with the minimum standards of the National Fire Protection Association for
air quality testing of compressed breathing air and identified in NFPA 1500,
Standard on Fire Department Occupational Safety and Health Program:
(5)
ensure that at least every six months, samples of the air
used to fill the cylinders of self-contained breathing apparatus are tested
by a testing laboratory which currently holds accreditation to test breathing
air from a nationally recognized accrediting organization. Air samples shall
be taken directly from the point where self-contained breathing apparatus
cylinders are connected for filling. If a fill station has more than one port
where a self-contained breathing apparatus cylinder can be attached and if
only one sample is taken from the fill station, then the sample shall be taken
from the port that ensures that all components of the fill station are tested.
It is "recommended" that the air used to fill cylinders of self-contained
breathing apparatus be tested at least every three months.
(6)
develop procedures to ensure that all bottles used on self-contained
breathing apparatus are tested as required by the manufacturer and the Department
of Transportation;
(7)
maintain and supply upon request by the commission, records
and reports documenting compliance with commission requirements concerning
self-contained breathing apparatus and a record of all tests shall be made
and the record shall be retained for a period of no less than three years;
(8)
maintain and provide upon request by the commission, a
departmental standard operating procedure regarding the use, selection, care,
and maintenance of self-contained breathing apparatus; and
(9)
ensure that at least annually, the facepiece, regulator,
end of service indicator(s), hoses, and cylinder valve are tested for proper
function on test equipment approved by the manufacturer. The test of the regulator
shall include a flow test. This test shall be performed in a manner prescribed
by the manufacturer and by personnel authorized by the manufacturer to perform
such test and shall meet the minimum requirements for testing as required
by the National Fire Protection Association.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on February 18, 2003.
TRD-200301217
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 10, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 239-4913
37 TAC §§439.5, 439.9, 439.17
The Texas Commission on Fire Protection adopts amendments
to §§439.5, 439.9, and 439.17 concerning examinations for on-site
delivery training, without changes to the text published in the December 20,
2002, issue of the
Texas Register
(27 TexReg
11908).
The amendments clarify the number of sections an examination may consist
of and also clarifies that a score of 70% or above must be obtained for each
section of the examination. It also updates the number of test questions and
time allowed to complete an examination.
The amendments will clarify the score that must be obtained on each section
of the examination to pass as well as how many test questions and time will
be allowed to complete the examination.
There were no comments received on the proposed amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties, Texas Government Code, §419.026, which provides
the TCFP with the authority to give examinations to fire protection personnel
for basic certification; and Texas Government Code, §419.032, which provides
the TCFP with the authority to establish standards for basic certification
tests for fire protection personnel and qualifications relating to basic certification
tests.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2003.
TRD-200301218
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 10, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 239-4913
The Texas Commission on Fire Protection (TCFP) adopts amendments to §§451.5,
451.7, 451.205, and 451.207, concerning Fire Officer I and Fire Officer II,
without changes to the text published in the December 20, 2002, issue of the
The amendments clarify that the written and performance skills portions
of the examinations for Fire Officer I and Fire Officer II certification must
meet the requirements in Chapter 439, Examinations for Certification, replace
"Certification" with "Seal" in the section titles and clarify which individuals
may be granted International Fire Service Accreditation Congress (IFSAC) seals
for Fire Officer I and II.
The amendments clarify skills that must be met for Fire Officer I and Fire
Officer II certification as well as which individuals may be granted IFSAC
seals for the same certifications.
There were no comments received on the proposed amendments.
Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I
37 TAC §451.5, §451.7
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.022, which provides
the TCFP with the authority to establish minimum training standards for admission
to employment as fire protection personnel; and Texas Government Code, §419.032,
which provides the TCFP with authority to propose rules to establish qualifications
for certification of fire protection personnel.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2003.
TRD-200301220
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 10, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 239-4913
37 TAC §451.205, §451.207
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.022, which provides
the TCFP with the authority to establish minimum training standards for admission
to employment as fire protection personnel; and Texas Government Code, §419.032,
which provides the TCFP with authority to propose rules to establish qualifications
for certification of fire protection personnel.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 18, 2003.
TRD-200301221
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 10, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 239-4913
Chapter 423.
FIRE SUPPRESSION
Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL
Chapter 433.
MINIMUM STANDARDS FOR DRIVER/OPERATOR--PUMPER
Chapter 435.
FIRE FIGHTER SAFETY
Chapter 439.
EXAMINATIONS FOR CERTIFICATION
Chapter 451.
FIRE OFFICER
Subchapter B. MINIMUM STANDARDS FOR FIRE OFFICER II
Chapter 453.
MINIMUM STANDARDS FOR HAZARDOUS MATERIALS TECHNICIAN