Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.3, §421.9
The Texas Commission on Fire Protection (TCFP) proposes changes
to §421.3 and §421.9, concerning standards for certification, to
make grammatical corrections and to remove references to Notice of Employment
and Change of Discipline forms.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
changes 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 changes are in effect, the public benefit anticipated as a result
of enforcing the proposals will be a clearer understanding of the rules regarding
termination of fire protection personnel. 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 rule 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
requires reports, §419.032 and §419.0321, which defines the appointment
of fire protection personnel and part-time fire protection employees.
Texas Government Code, §419.032 and §419.0321, are affected by
the proposed changes.
§421.3.Minimum Standards Set by the Commission.
(a)
(No change.)
(b)
Functional position descriptions.
(1)-(3)
(No change.)
(4)
Fire inspection personnel. The following general position
description for fire inspection personnel serves as a guide for anyone interested
in understanding the qualifications, competencies, and tasks required of the
fire inspector operating in the State of Texas. It is ultimately the responsibility
of an employer to define specific job descriptions within each jurisdiction.
(A)
Qualifications. Successfully complete a commission approved
course; achieve a passing score on certification examinations; must be at
least 18 years of age; generally, the knowledge and skills required [
(B)
(No change.)
(5)
Fire Investigator personnel. The following general position
description for fire investigator personnel serves as a guide for anyone interested
in understanding the qualifications, competencies, and tasks required of the
fire investigator operating in the State of Texas. It is ultimately the responsibility
of an employer to define specific job descriptions within each jurisdiction.
(A)
Qualifications. Successfully complete a commission approved
course; achieve a passing score on certification examinations; be at least
18 years of age; generally, the knowledge and skills required [
(B)
(No change.)
(6)-(7)
(No change.)
§421.9.Designation of Fire Protection Duties.
(a)-(b)
(No change.)
(c)
A fire department regulated by the commission shall submit
on the proper form a request to appoint fire protection personnel or part-time
fire protection employees to a regulated discipline. No individual may be
appointed to a discipline without approval by the commission.
Termination
[
(d)-(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 March 6, 2003.
TRD-200301588
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 239-4913
37 TAC §437.17, §437.19
The Texas Commission on Fire Protection (TCFP) proposes changes
to §437.17, concerning records review fees and §437.19 concerning
a late filing penalty. The proposed changes establish procedures for reviewing
the training records of paid in-state fire protection personnel and remove
the references to notice of employment and change of discipline forms.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
changes are in effect there will be no significant fiscal impact on state
and 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 proposals will be a clearer understanding of the requirements
of fees charged for training records review. 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, TX
78768-2286 or e- mailed to info@tcfp.state.tx.us.
The rule 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, §419.026, which
provides the TCFP with the authority to establish and collect fees for certification.
Texas Government Code, §419.026 is affected by the proposed changes.
§437.17.Records Review Fees.
(a)
A non-refundable fee of $35 shall be charged for each [
[
(b)
[
§437.19.Late Filing Penalty.
A fire department or local government entity regulated by the commission
that fails to comply with §421.9(c) of this title [
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 March 6, 2003.
TRD-200301589
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 239-4913
37 TAC §445.1
The Texas Commission on Fire Protection (TCFP) proposes changes
to §445.1, concerning fire department inspections, to include inspections
of volunteer fire fighters and fire departments that participate in one or
more component areas of the voluntary regulation program. TCFP is also proposing
changes to the Chapter Title by deleting Subchapter A and Paid Fire Department
Inspections since it will be obsolete language with the proposed repeal of
Subchapter B.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
changes 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 changes are in effect, the public benefit anticipated as a result
of enforcing the proposals will be the safety and proficiency of volunteer
fire fighters and fire departments. 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 rule 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 §419.071, which defines the rules of a
voluntary certification program for volunteer fire fighters and fire departments.
Texas Government Code, §419.071, is affected by the proposed changes.
§445.1.Entity Inspections.
(a)
The commission shall conduct at least biennial inspections
of the entities that fall under the regulatory authority of the commission.
(b)
The purpose of these inspections shall be to promote safety
and proficiency in the fire service by ensuring compliance with state law
and commission rules pertaining to minimum standards for fire protection personnel
education, protective clothing, self-contained breathing apparatus, or any
other aspect of the fire service regulated by the commission.
(c)
This shall include inspections of volunteer
fire fighters and fire departments that participate in the voluntary regulation
program pursuant to §419.071 of the Texas Government Code in one or more
of the component areas.
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 March 6, 2003.
TRD-200301590
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 239-4913
37 TAC §§445.201, 445.203, 445.205, 445.207
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Fire Protection or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Fire Protection proposes
the repeal of §§445.201, 445.203, 445.205, and 445.207, concerning
volunteer fire department inspections. The subject matter of the repealed
sections is no longer necessary and is covered in the proposed changes to §445.1,
Entity Inspections.
Mr. Jake Soteriou, Director of Fire Service Standards and Certification
Division, has determined that for the first five year period the repeal is
in effect there will be no fiscal implications for state and local governments.
Mr. Soteriou, has also determined that for each of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be a clearer understanding of the rules of fire department
inspections. 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 repeal 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, §419.071, which
defines the rules of a voluntary certification program for volunteer fire
fighters and fire departments.
Texas Government Code, §419.071 is affected by the proposed repeal.
§445.201.Request for Inspection.
§445.203.Report of Inspection.
§445.205.Administrative Penalties.
§445.207.Certificate of Compliance.
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 March 6, 2003.
TRD-200301591
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 239-4913
to
] show the need for a high school education or equivalent; ability
to communicate verbally, via telephone and radio equipment; ability to lift,
carry, and balance weight equivalent to weight of common tools and equipment
necessary for conducting an inspection; ability to interpret written and oral
instructions; ability to work effectively with the public; ability to work
effectively in an environment with potentially loud noises; ability to function
through an entire work shift; ability to calculate area, weight and volume
ratios; ability to read and understand English language manuals including
chemical, construction and technical terms, building plans and road maps;
ability to accurately discern street signs and address numbers; ability to
document, in writing, all relevant information in prescribed format in light
of legal ramifications of such; ability to converse in English with coworkers
and other personnel. Demonstrate knowledge of characteristics and behavior
of fire, and fire prevention principles. Good manual dexterity with the ability
to perform all tasks related to the inspection of structures and property;
ability to bend, stoop, and crawl on uneven surfaces; ability to climb ladders;
ability to withstand varied environmental conditions such as extreme heat,
cold, and moisture; and the ability to work in low light, confined spaces,
elevated heights, and other dangerous environments.
to
]
show the need for a high school education or equivalent; ability to communicate
verbally, via telephone and radio equipment; ability to lift, carry, and balance
weight equivalent to weight of common tools and equipment necessary for conducting
an investigation; ability to interpret written and oral instructions; ability
to work effectively with the public; ability to work effectively in a hazardous
environment; ability to function through an entire work shift; ability to
calculate area, weight and volume ratios; ability to read and understand English
language manuals including chemical, legal and technical terms, building plans
and road maps; ability to accurately discern street signs and address numbers;
ability to document, in writing, all relevant information in prescribed format
in light of legal ramifications of such; ability to converse in English with
coworkers and other personnel. Good manual dexterity with the ability to perform
all tasks related to fire investigation; ability to bend, stoop, and walk
on uneven surfaces; ability to climb ladders; ability to withstand varied
environmental conditions such as extreme heat, cold and moisture; and the
ability to work in low light, confined spaces, elevated heights and other
potentially dangerous environments.
Removal from a discipline or termination
] of fire protection
personnel or part- time fire protection employees shall be reported to the
commission on the proper form within 14 calendar days of the action. In the
case of termination, the employing entity shall report an individual's last
known home address to the commission.
A Notice of Termination may be
submitted without the employee's signature.
Chapter 437.
FEES
out-of-state and/or military
] training records review conducted by the
commission for the purpose of determining equivalency to the appropriate commission
[
basic
] training program or to establish eligibility to test. Applicants
submitting training records for review shall receive a written analysis from
the commission.
(b)
A non-refundable fee of $10
shall be charged for each State Firemen's and Fire Marshals' Association of
Texas or in-state volunteer records review conducted by the commission for
the purpose of determining equivalency to the appropriate commission basic
training program or to establish eligibility to test. Applicants submitting
training records for review shall receive a written analysis from the commission.]
(c)
] The fee provided for in this
section shall not apply to an individual who holds an International Fire Service
Accreditation Congress
seal
[
certificate(s)
] required
to qualify for an examination or an individual who holds an advanced certificate
from the State Firemen's and Fire Marshals' Association of Texas.
(relating to
designation of fire protection duties)
] in regard to [
Notices of
Employment, Changes of Discipline, and
] Notices of Termination may be
subjected to a $25 late filing penalty for each individual in violation. A
repeated violation of this rule may result in other administrative actions.
Chapter 445.
ADMINISTRATIVE INSPECTIONS AND PENALTIES
Subchapter B. VOLUNTEER FIRE DEPARTMENT INSPECTIONS
Chapter 449.
HEAD OF A FIRE DEPARTMENT