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 definitions in Chapter 421, entitled
Standards for Certification, with changes to the proposed text published in
the February 13, 2004, issue of the
Texas Register
(29 TexReg 1304). The change is not substantive, and consists of the
renumbering of definition (42) to (43), due to a previous adopted amendment
to this rule, which became effective after the current proposed amendment
was published in the
Texas Register
.
The current amendment adds to the existing definition of probationary or
temporary appointment in subparagraph (3)(B) the requirement that an individual
must have met the medical requirement of §423.1(b) if applicable. The
amendment is adopted in conjunction with an amendment to §423.1(b) which
sets out a requirement for being appointed to fire suppression duties of successful
completion of a TCFP recognized emergency medical course.
No comments were received on the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt 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 appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the adopted amendment.
§421.5.Definitions.
The following words and terms, when used in this standards manual,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Accredited training--A curriculum or training program which
carries written approval from the commission, credit hours that appear on
an official transcript from an accredited college or university and any fire
service training received from a nationally recognized source, i.e., the National
Fire Academy.
(2)
Admission to employment--An entry level full-time employee
of a local government entity in one of the categories of fire protection personnel.
(3)
Appointment--the designation or assignment of a person
to a discipline regulated by the commission. The types of appointments are:
(A)
permanent appointment--the designation or assignment of
certified fire protection personnel or certified part time fire protection
employees to a particular discipline (See Texas Government Code, §419.032);
and
(B)
probationary or temporary appointment--the designation
or assignment of an individual to a particular discipline, except for head
of a fire department, for which the individual has passed the commission's
certification examination and has met the medical requirement, if applicable,
but has not yet been certified. (See Texas Government Code, §419.032.)
(4)
Approved training--Any training which will be used toward
any level of certification must be submitted to the commission for approval
prior to the commencement of the training. The training submission must be
in a manner specified by the commission and contain all information requested
by the commission. The commission will not grant credit twice for the same
subject content or course. The hours of instruction in National Fire Academy
courses used towards higher levels of certification may be satisfied by interactive
computer-based National Fire Academy courses as long as they are supervised
and verified by a certified instructor.
(5)
Assigned/work--A fire protection personnel or a part-time
fire protection employee shall be considered "assigned/working" in a position,
any time the individual is receiving compensation and performing the duties
that are regulated by the Texas Commission on Fire Protection certification
and has been permanently appointed, as defined in this section, to the particular
discipline.
(6)
Assistant fire chief--The officer occupying the first position
subordinate to the head of a fire department.
(7)
Auxiliary fire fighter--A volunteer fire fighter.
(8)
Benefits--Benefits shall include, but are not limited to,
inclusion in group insurance plans (such as health, life, and disability)
or pension plans, stipends, free water usage, and reimbursed travel expenses
(such as meals, mileage, and lodging).
(9)
Class hour--Defined as not less than 50 minutes of instruction,
also defined as a contact hour; a standard for certification of fire protection
personnel.
(10)
Code--The official legislation creating the commission.
(11)
College credits--Credits earned for studies satisfactorily
completed at an accredited institution of higher education, or courses delivered
through the National Emergency Training Center residency programs, and recommended
for college credit by the American Council on Education (ACE).
(12)
Commission--Texas Commission on Fire Protection.
(13)
Compensation--Compensation is to include wages, salaries,
and "per call" payments (for attending drills, meetings or answering emergencies).
(14)
Coordinator--The official responsible for a commission
approved training curriculum, training facility, and/or school (other than
fire department) by whatever title he/she may be called.
(15)
Expired--Any certification that has not been renewed on
or before the end of the certification period.
(16)
Federal fire fighter--A person as defined in the Texas
Government Code, §419.084(h).
(17)
Fire chief--The head of a fire department.
(18)
Fire department--A department of a local government that
is staffed by one or more fire protection personnel or part-time fire protection
employees.
(19)
Fire protection personnel--Any person who is a permanent
full-time employee of a fire department or governmental entity and who is
appointed duties in one of the following categories/disciplines: fire suppression,
fire inspection, fire and arson investigation, marine fire fighting, aircraft
rescue fire fighting, fire training, fire education, fire administration and
others employed in related positions necessarily or customarily appertaining
thereto.
(20)
Fire suppression duties--Engaging in the controlling or
extinguishment of a fire of any type or performing activities which are required
for and directly related to the control and extinguishment of fires or standing
by on the employer's premises or apparatus or nearby in a state of readiness
to perform these duties.
(21)
Full-time--An officer or employee is considered full-time
if the employee works an average of 40 hours a week or averages 40 hours per
week or more during a work cycle in a calendar year. For the purposes of this
definition paid leave will be considered time worked.
(22)
Government entity--The local authority having jurisdiction
as employer of full-time fire protection personnel in a state agency, incorporated
city, village, town or county, education institution or political subdivision.
(23)
High school--A school accredited as a high school by the
Texas Education Agency or equivalent accreditation agency from another jurisdiction.
(24)
Immediately dangerous to life or health (IDLH)--An atmosphere
that poses an immediate threat to life, would cause irreversible adverse health
effects, or would impair an individual's ability to escape from a dangerous
atmosphere.
(25)
Incipient stage fire--a fire which is in the initial or
beginning stage and which can be controlled or extinguished by portable fire
extinguishers, Class II standpipe or small hose systems without the need for
protective clothing or breathing apparatus.
(26)
Interior structural fire fighting--the physical activity
of fire suppression, rescue or both, inside of buildings or enclosed structures
which are involved in a fire situation beyond the incipient stage. (See 29
CFR §1910.155)
(27)
Lead instructor--An individual charged with the responsibility
of conducting a training school under the provision of the Code.
(28)
Municipality--Any incorporated city, village, or town
of this state and any county or political subdivision or district in this
state. Municipal pertains to a municipality as herein defined.
(29)
National Fire Academy credit hours-For the purpose of
determining the number of hours to credit for National Fire Academy courses
both resident and hand off. The number of hours credited for attendance of
National Fire Academy courses is determined as recommended in the most recent
edition of the "National Guide to Educational Credit for Training Programs,"
American Council on Education (ACE). For courses that have not been evaluated
by ACE, commission staff will review and determine credit.
(30)
Participating volunteer fire fighter--An individual who
voluntarily seeks certification and regulation by the commission under the
Government Code, Chapter 419, Subchapter D.
(31)
Participating volunteer fire service organization--A fire
department that voluntarily seeks regulation by the commission under the Government
Code, Chapter 419, Subchapter D.
(32)
Part-time fire protection employee--An individual who
is appointed as a part-time fire protection employee and who receives compensation,
including benefits and reimbursement for expenses. A part-time fire protection
employee is not full-time as defined in this section.
(33)
Personal alert safety system (PASS)--Devices that are
certified as being compliant with NFPA 1982, and that automatically activates
an alarm signal (which can also be manually activated) to alert and assist
others in locating a fire fighter or emergency services person who is in danger.
(34)
Political subdivision--A political subdivision of the
State of Texas that includes, but is not limited to the following:
(A)
city;
(B)
county;
(C)
school district;
(D)
junior college district;
(E)
levee improvement district;
(F)
drainage district;
(G)
irrigation district;
(H)
water improvement district;
(I)
water control and improvement district;
(J)
water control and preservation district;
(K)
freshwater supply district;
(L)
navigation district;
(M)
conservation and reclamation district;
(N)
soil conservation district;
(O)
communication district;
(P)
public health district;
(Q)
river authority;
(R)
municipal utility district;
(S)
transit authority;
(T)
hospital district;
(U)
emergency services district;
(V)
rural fire prevention district; and
(W)
any other governmental entity that:
(i)
embraces a geographical area with a defined boundary;
(ii)
exists for the purpose of discharging functions of the
government; and
(iii)
possesses authority for subordinate self-government through
officers selected by it.
(35)
Reciprocity for IFSAC seals--Valid documentation of accreditation
from the International Fire Service Accreditation Congress used for TCFP certification
which must be issued from another jurisdiction and which may only be used
for obtaining initial certification.
(36)
Recognition of training--A document issued by the commission
stating that an individual has completed the training requirements of a specific
phase level of the Basic Fire Suppression Curriculum.
(37)
School--Any school, college, university, academy, or local
training program which offers fire service training and included within its
meaning the combination of course curriculum, instructors, and facilities.
(38)
Structural fire protection personnel--Any person who is
a permanent full-time employee of a government entity who engages in fire
fighting activities involving structures and may perform other emergency activities
typically associated with fire fighting activities such as rescue, emergency
medical response, confined space rescue, hazardous materials response, and
wildland fire fighting.
(39)
Trainee--An individual who is participating in a commission
approved training program.
(40)
Training officer--The officer or supervisor, by whatever
title he or she may be called, that is in charge of a commission certified
training facility.
(41)
Volunteer fire protection personnel--Any person who has
met the requirements for membership in a volunteer fire service organization,
who is assigned duties in one of the following categories: fire suppression,
fire inspection, fire and arson investigation, marine fire fighting, aircraft
rescue fire fighting, fire training, fire education, fire administration and
others in related positions necessarily or customarily appertaining thereto.
(42)
Volunteer fire service organization'A volunteer fire department
or organization not under mandatory regulation by the Texas Commission on
Fire Protection.
(43)
Years of experience--For purposes of higher levels of
certification or fire service instructor certification:
(A)
Except as provided in subparagraph (B) of this paragraph,
years of experience is defined as full years of full-time, part-time or volunteer
fire service while holding:
(i)
a Texas Commission on Fire Protection certification as
a full-time, or part-time employee of a government entity, a member in a volunteer
fire service organization, and /or an employee of a regulated non-governmental
fire department; or
(ii)
a State Firemen's and Fire Marshals? Association advanced
fire fighter certification and have completed as a minimum requirements for
a Texas Department of Health Emergency Care Attendant (ECA) certification,
or its equivalent; or
(iii)
an equivalent certification as a full-time fire protection
personnel of a governmental entity from another jurisdiction, including the
military, or while a member in a volunteer fire service organization from
another jurisdiction, and have completed as a minimum requirements for a Texas
Department of Health Emergency Care Attendant (ECA) certification, or its
equivalent; or
(iv)
for fire service instructor certification only, a State
Firemen's and Fire Marshals? Association Level II Instructor Certification,
or its equivalent, in the form of a non self-serving sworn affidavit.
(v)
An individual seeking equivalent certification while a
member in a volunteer fire service organization from another jurisdiction
under clause (iii) of this subparagraph shall provide documentation in the
form of a non self-serving affidavit as an active volunteer fire fighter in
one or more volunteer fire departments. Documentation shall include attendance
at 40% of the drills for each year and attendance of at least 25% of the department's
emergencies in a calendar year, while a member of a volunteer department.
(B)
For fire service personnel certified as required in subparagraph
(A) of this paragraph on or before October 31, 1998, years of experience includes
the time from the date of employment or membership to date of certification
not to exceed one year.
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 April 16, 2004.
TRD-200402557
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: May 6, 2004
Proposal publication date: February 13, 2004
For further information, please call: (512) 239-4921
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
Chapter 423.
FIRE SUPPRESSION