Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.5
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §421.5, concerning definitions in Chapter 421, entitled
Standards for Certification. The amendment is proposed concurrently with proposed
amendments to §§423.5, 423.7, 423.205, 423.207, 423.305, 423.307,
429.5, 429.7, 431.5 and 431.7, published elsewhere in this issue of the
The amendment to §421.5 deletes the definition of accredited training,
as the proposed new process makes it obsolete. In the definition of approved
training, the amendment deletes references to hours of National Fire Academy
(NFA) courses used to meet certification requirements, and replaces it with
the introduction of two lists of courses (A-List and B-List). In the definition
of college credits, the word
regionally
is
added to the term
accredited institution
,
NFA open learning program colleges are added to those institutions whose courses
are accepted by the TCFP, and which courses are applicable for Fire Science
college credit and higher levels of certification is clarified. A definition
of
commission-recognized training
is also
added. The definition of
National Fire Academy credit
hours
is revised by adding the word
semester
to read
semester credit hours
, and
references to credit hours is deleted.
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 amendments will be a more standardized, efficient,
and simplified process that TCFP uses to determine course combinations to
meet fire fighter certification requirements. There are no additional costs
of compliance for small or large businesses or individuals that are required
to comply with the proposed amendment.
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 amendment is 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 appointment as fire protection personnel. Texas Government Code, §419.008
and §419.022 are affected by the proposed 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)
[
(2)
[
(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 and has met the medical requirement of §423.1(b), if applicable,
but has not yet been certified. (See Texas Government Code, §419.032.)
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
Commission-recognized training--A
curriculum or training program which carries written approval from the commission,
or credit hours that appear on an official transcript from an accredited college
or university, or any fire service training received from a nationally recognized
source, i.e., the National Fire Academy.
(13) - (28)
(No change.)
(29)
National Fire Academy
semester
credit hours--[
(30) - (43)
(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 10, 2004.
TRD-200403165
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §§423.5, 423.7, 423.205, 423.207, 423.305, and 423.307, concerning
minimum standards for intermediate and advanced structure fire protection
personnel certification, minimum standards for intermediate and advanced aircraft
rescue fire fighting personnel certification, and minimum standards for intermediate
and advanced marine fire protection personnel certification, in Chapter 423,
entitled Fire Suppression. The amendments are proposed concurrently with proposed
amendments to §§421.5, 429.5, 429.7, 431.5 and 431.7, published
elsewhere in this issue of the
Texas Register
.
This group of amendments revises the process by which course requirements
for different levels of certification are determined, and changes the method
by which courses may be combined to meet those requirements.
The proposed amendments delete references to hours of National Fire Academy
(NFA) courses which are used to meet certification requirements, and replaces
it with the introduction of two lists of courses (A-List and B-List). The
amendments also provide different options for acceptable combinations of courses
from the two lists and from college courses in fire science or fire protection,
depending on which level and type of certification is being pursued.
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 a more standardized,
efficient, and simplified process that the TCFP uses to determine course combinations
to meet fire fighter certification requirements. There are no additional costs
of compliance for small or large businesses or individuals that are required
to comply with the proposed amendments.
Comments on the proposals may be submitted to: Gary L. Warren, Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas
78768-2286 or e-mailed to info@tcfp.state.tx.us.
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
37 TAC §423.5, §423.7
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 educational
standards for appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the proposed amendments.
§423.5.Minimum Standards for Intermediate Structure Fire Protection Personnel Certification.
(a)
Applicants for Intermediate Structure Fire Protection Personnel
Certification must complete the following requirements:
(1)
hold as a prerequisite a Basic Structure Fire Protection
Personnel Certification as defined in §423.3 of this title (relating
to Minimum Standards for Basic Structure Fire Protection Personnel Certification);
and
(2)
acquire a minimum of four years of fire protection experience
and complete the
training
[
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
[
[
(b)
[
(c)
[
§423.7.Minimum Standards for Advanced Structure Fire Protection Personnel Certification.
(a)
Applicants for Advanced Structure Fire Protection Personnel
certification must complete the following requirements:
(1)
hold as a prerequisite an Intermediate Structure Fire Protection
Personnel Certification as defined in §423.5 of this title (relating
to Minimum Standards for Intermediate Structure Fire Protection Personnel
Certification);
and
(2)
acquire a minimum of eight years of fire protection experience
and complete the
training
[
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
[
[
(b)
[
(c)
[
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 10, 2004.
TRD-200403169
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
37 TAC §423.205, §423.207
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 educational
standards for appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the proposed amendments.
§423.205.Minimum Standards for Intermediate Aircraft Rescue Fire Fighting Personnel Certification.
(a)
Applicants for Intermediate Aircraft Rescue Fire Fighting
Personnel Certification must complete the following requirements:
(1)
hold as a prerequisite a Basic Aircraft Rescue Fire Fighting
Personnel Certification as defined in §423.203 of this title (relating
to Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification);
and
(2)
acquire a minimum of four years of fire protection experience
and complete the
training
[
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
[
[
(b)
[
(c)
[
§423.207.Minimum Standards for Advanced Aircraft Rescue Fire Fighting Personnel Certification.
(a)
Applicants for Advanced Aircraft Rescue Fire Fighting Personnel
certification must complete the following requirements:
(1)
hold as a prerequisite an Intermediate Aircraft Rescue
Fire Fighting Personnel Certification as defined in §423.205 of this
title (relating to Minimum Standards for Intermediate Aircraft Rescue Fire
Fighting Personnel Certification);
and
(2)
acquire a minimum of eight years of fire protection experience
and complete the
training
[
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
[
[
(b)
[
(c)
[
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 10, 2004.
TRD-200403170
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
37 TAC §423.305, §423.307
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 educational
standards for appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the proposed amendments.
§423.305.Minimum Standards For Intermediate Marine Fire Protection Personnel Certification.
(a)
Applicants for Intermediate Marine Fire Protection Personnel
Certification must complete the following requirements:
(1)
hold as a prerequisite a Basic Marine Fire Protection Personnel
Certification as defined in §423.303 of this title (relating to Minimum
Standards for Basic Marine Fire Protection Personnel Certification)[
(2)
acquire a minimum of four years of fire protection experience
and complete the
training
[
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
[
[
(b)
[
(c)
[
§423.307.Minimum Standards For Advanced Marine Fire Protection Personnel Certification.
(a)
Applicants for Advanced Marine Fire Protection Personnel
certification must complete the following requirements:
(1)
hold as a prerequisite an Intermediate Marine Fire Protection
Personnel Certification as defined in §423.305 of this title (relating
to Minimum Standards for Intermediate Marine Fire Protection Personnel Certification)
[
(2)
acquire a minimum of eight years of fire protection experience
and complete the
training
[
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
[
[
(b)
[
(c)
[
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 10, 2004.
TRD-200403171
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
Subchapter A. ON-SITE CERTIFIED TRAINING PROVIDER
37 TAC §427.3
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §427.3, concerning facilities in Subchapter A, entitled
On-Site Certified Training Provider, of Chapter 427, entitled Training Facility
Certification.
The amendment to §427.3 clarifies in paragraph (5) that the most current
edition of NFPA (National Fire Protection Association) 1403, entitled
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 a more clear understanding
of what standards are to be used when conducting interior live fire training,
resulting in greater safety for trainees and instructors involved in live
fire evolutions during fire fighter training. There are no additional costs
of compliance for small or large businesses or individuals that are required
to comply with the proposed amendment.
Comments on the proposal may be submitted to: Gary L. Warren, Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas
78768-2286 or e-mailed to info@tcfp.state.tx.us.
The amendment is 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, §419.028(3), which
provides TCFP with the authority to set conditions under which training facilities
operate.
Texas Government Code, §419.008 and §419.028(3) are affected
by the proposed amendment.
§427.3.Facilities.
The following minimum resources, applicable to the curricula, are required
for certification as a certified on-site training facility. These facilities
may be combined or separated utilizing one or more structures. In either event
the facilities must be available and used by the instructor and trainees.
(1) - (4)
(No change.)
(5)
A structure suitable for interior live fire training and
meeting the requirements of the basic curriculum pertaining to the particular
discipline(s) which the training facility is approved to teach, shall be available
for use by the instructors to teach interior live fire training.
The
most current edition of NFPA 1403, Standard on Live Fire Training Evolutions
in Structures shall be used when conducting interior live fire training in
accordance with §435.16 of this title, relating to Live Fire Training
Evolutions.
[
[
[
[
(6) - (7)
(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 10, 2004.
TRD-200403167
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes new §§429.11,
429.201, 429.203, 429.205, 429.207, 429.209, and 429.211 and amendments to
existing §§429.1, 429.3, 429.5, 429.7, and 429.9, concerning minimum
standards for basic, intermediate, advanced, and master levels of certification
as a fire inspector, and International Fire Service Accreditation Congress
(IFSAC) seals for fire inspectors in Texas, in Chapter 429, entitled Minimum
Standards for Fire Inspectors. Also included in this proposal are two new
subchapter designations for Chapter 429. New Subchapter A, entitled Minimum
Standards for Fire Inspector Certification Based on Requirements in Effect
Prior to January 1, 2005, is comprised of existing §§429.1, 429.3,
429.5, 429.7, 429.9, and new §429.11. New Subchapter B, entitled Minimum
Standards for Fire Inspector Certification, is comprised of new §§429.201,
429.203, 429.205, 429.207, 429.209, and 429.211.
The proposed amendments to existing §§429.1, 429.3, 429.5, 429.7,
and 429.9; and proposed new §§429.11, 429.201, 429.203, 429.205,
429.207, 429.209, and 429.211 divide the inspector certification process into
two tracks. Subchapter A covers the certification requirements as they currently
exist. The rule changes in this subchapter add statements that the applicants
for inspector certification shall complete fire inspection training that is
based on curricula in place before January 1, 2005.
A new track has been created in new Subchapter B with new proposed rules
which will govern curricula in place after January 1, 2005. The requirements
in the new track for Basic Fire Inspector Certification add the option of
holding an IFSAC seal as an Inspector I, Inspector II or a Plans Examiner
I; and remove any reference to a minimum number of hours of instruction in
a National Fire Academy program.
The requirements in the new track for Intermediate Fire Inspector certification
provide that applicants must hold a Basic Fire Inspector certification, and
must have acquired four years experience appointed as a fire inspector.
The requirements in the new track for Advanced Fire Inspector certification
provide that applicants must hold an Intermediate Fire Inspector certification,
must have acquired eight years experience appointed as a fire inspector, must
have completed the TCFP approved Fire Inspector III and Plans Examiner II
courses and successfully passed the examination.
The requirements in the new track for Master Fire Inspector certification
provide that applicants must hold an Advanced Fire Inspector certification,
must have acquired a twelve years experience appointed as a fire inspector,
must have 60 college semester hours or an associate degree, which includes
at least 18 college semester hours in fire science subjects.
The requirements in the new track for the granting of IFSAC seals as a
Fire Inspector I, Fire Inspector II, and Plans Examiner I make a distinction
between: 1-a) those applicants either holding a TCFP Fire Inspector certification
prior to January 1, 2005, or 1-b) who have passed the applicable state examination
prior to January 1, 2005; and 2) those who pass the applicable state examination
on or after January 1, 2005. Those in group 1-a may be granted an IFSAC seal
as an Inspector I or Inspector II by making application to the TCFP and paying
the applicable fees. Those in group 1-a may also apply to test for Plans Examiner
I, and upon successful completion of the examination, by applying to the TCFP
for an IFSAC seal and paying the applicable fees. Those in group 1-b may either
apply for an IFSAC seal for Inspector I or Inspector II, or may apply to test
for Plans Examiner I, and upon successful completion of the examination, may
apply for an IFSAC seal.
Those in group 2 may be granted an IFSAC seal for Inspector I, Inspector
II, and/or Plans Examiner I by applying to TCFP and meeting TCFP requirements
regarding completion of approved courses, and passing a commission examination,
applicable to the particular IFSAC seal for Inspector I, Inspector II, or
Plans Examiner I.
Other amendments to §429.5 and §429.7 are proposed to revise
the process by which course requirements for different levels of certification
are determined, and changes the method by which courses may be combined to
meet those requirements. The amendments to these two rules delete references
to hours of National Fire Academy (NFA) courses used to meet certification
requirements, and replaces it with the introduction of two lists of courses
(A-List and B-List); and also provide different options for acceptable combinations
of courses from the two lists and from college courses in fire science or
fire protection, depending on which level and type of certification is being
pursued.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
amendments and new rules 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 and new rules are
in effect, the public benefit anticipated as a result of enforcing the amendments
and new rules will be the assurance that personnel receiving the applicable
certification will be uniquely qualified to perform the related functions.
There are no additional costs of compliance for small or large businesses
or individuals that are required to comply with the proposed amendments and
new rules.
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 INSPECTOR CERTIFICATION BASED ON REQUIREMENTS IN EFFECT PRIOR TO JANUARY 1, 2005
37 TAC §§429.1, 429.3, 429.5, 429.7, 429.9, 429.11
The amendments and new rule 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 educational standards for appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the proposed amendments and new rule.
§429.1.Minimum Standards for Fire Inspection Personnel.
(a)
Subchapter A of this chapter
will expire on December 31, 2010.
(b)
[
(c)
[
(d)
[
(e)
[
§429.3.Minimum Standards for Basic Fire Inspector Certification.
(a)
Training programs that are intended to satisfy the requirements
of this section must meet the curriculum, competencies, and hour requirements
of this section. All applicants for certification must meet the examination
requirements of this section.
(b)
In order to be certified by the commission as a Basic Fire
Inspector an individual must complete a commission approved fire inspection
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 inspection training program shall consist of one or
any combination of the following:
(1)
completion of the commission approved Basic Fire Inspector
Curriculum,
dated prior to January 1, 2005
[
(2)
successful completion of an out-of-state training program
which has been submitted to the commission for evaluation and found to meet
the minimum requirements as listed in the commission approved Basic Fire Inspector
Curriculum as specified in Chapter 4 of the commission's Certification Curriculum
Manual; or
(3)
successful completion of the following college courses:
Fundamentals of Fire Protection
,
3 semester hours
;
Fire
Protection Systems
,
3 semester hours
;
Fire Prevention
,
3 semester hours
;
Building Code
,
3 semester
hours
;
Building Construction
,
3 semester hours
;
Hazardous Materials
,
3 semester hours
;
Fundamentals
of Speech
,
3 semester hours
;
Total semester hours
,
21*
.
*NOTE: Building Code and Building Construction may
be combined into a single three semester hour class. If this is the case,
the total semester hours may be reduced to 18. Hazardous Materials I or II
may be used to satisfy the requirements of Hazardous Materials; or
(4)
successful completion of a minimum of 226 hours of instruction
in a National Fire Academy program for fire inspection. The program must include
the basic course, Fire Inspection Principles, and any combination of the following
courses or its predecessor:
(A)
Fire Prevention Specialist II; or
(B)
Plans Review for Inspectors; or
(C)
Code Management: A Systems Approach; or
(D)
Management of Fire Prevention Programs; or
(E)
Strategic Analysis of Fire Prevention Programs.
(c)
National Fire Academy courses of equal or greater class
hours that replace a course discontinued by the National Fire Academy may
be used towards requirements for certification in place of the discontinued
course.
(d)
A person who holds or is eligible to hold a certificate
upon employment as a part-time fire inspector may be certified as a fire inspector,
of the same level of certification, without meeting the applicable examination
requirements.
§429.5.Minimum Standards for Intermediate Fire Inspector Certification.
(a)
Applicants for Intermediate Fire Inspector Certification
holding the prerequisite Basic Fire Inspector certification based on the curricula
in place before January 1, 2005,
must meet the following requirements:
[
(1)
[
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
[
[
(b)
[
(c)
[
§429.7.Minimum Standards for Advanced Fire Inspector Certification.
(a)
Applicants for Advanced Fire Inspector certification
holding the prerequisite Basic Fire Inspector certification based on the curricula
in place before January 1, 2005
must complete the following requirements:
(1)
hold as a prerequisite an Intermediate Fire Inspector Certification
as defined in §429.5 of this title (relating to Minimum Standards for
Intermediate Fire Inspector Certification);
and
(2)
acquire a minimum of eight years of fire protection experience
and complete the
training
[
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
[
[
(b)
[
(c)
[
§429.9.Minimum Standards for Master Fire Inspector Certification.
(a)
Applicants for Master Fire Inspector Certification must
complete the following requirements:
(1)
hold as a prerequisite an Advanced Fire Inspector Certification
as defined in §429.7
(a)
of this title (relating to Minimum
Standards for Advanced Fire Inspector Certification); and
(2)
acquire a minimum of 12 years of fire protection experience,
and 60 college semester hours or an associate degree, which includes at least
18 college semester hours in fire science subjects.
(b)
College level courses from both the upper and lower division
may be used to satisfy the education requirement for Master Fire Inspector
Certification.
§429.11.International Fire Service Accreditation Congress (IFSAC) Seal.
(a)
Individuals who hold commission Fire Inspector certification
prior to January 1, 2005, may be granted International Fire Service Accreditation
Congress (IFSAC) seals for Inspector I and Inspector II by making application
to the commission for the IFSAC seals and paying applicable fees.
(b)
Individuals who hold commission Fire Inspector certification
prior to January 1, 2005, may apply to test for Plans Examiner I. Upon successful
completion of the examination an IFSAC seal for Plans Examiner I may be granted
by making application to the commission for the IFSAC seal and paying the
applicable fee.
(c)
Individuals who pass the applicable state examination based
on the curriculum in place prior to January 1, 2005, may be granted IFSAC
seals for Inspector I and Inspector II by making application to the commission
for the IFSAC seals and paying applicable fees.
(d)
Individuals who pass the applicable state examination based
on the curriculum in place prior to January 1, 2005, may apply to test for
Plans Examiner I. Upon successful completion of the examination an IFSAC seal
for Plans Examiner I may be granted by making application to the commission
for the IFSAC seal and paying the applicable fee.
(e)
Individuals who pass the applicable commission examination(s)
as specified in Chapter 439 of this title (relating to Examinations for Certification)
pertaining to Chapter 4 of the commission's Certification Curriculum Manual,
as approved by the commission in accordance with Chapter 443 of this title
(relating to Certification Curriculum Manual), on or after January 1, 2005,
must follow the guidelines of Subchapter B of this chapter.
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 10, 2004.
TRD-200403172
Gary L. Warren. Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
37 TAC §§429.201, 429.203, 429.205, 429.207, 429.209, 429.211
The new rules 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 educational
standards for appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the proposed new rules.
§429.201.Minimum Standards for Fire Inspector Personnel--New Track.
(a)
Fire protection personnel of a governmental entity who
are appointed to fire code enforcement duties must be certified, as a minimum,
as a basic fire inspector as specified in §429.203 of this title (relating
to Minimum Standards for Basic Fire Inspector Certification--New Track) within
one year of initial appointment to such position.
(b)
Prior to being appointed to fire code enforcement duties,
all personnel must complete a commission approved basic fire inspection training
program and successfully pass the commission examination pertaining to that
curriculum.
(c)
Individuals holding any level of fire inspector certification
shall be required to comply with the continuing education requirements in §441.13
of this title (relating to Continuing Education Requirements for Fire Inspection
Personnel).
(d)
Code enforcement is defined as the enforcement of laws,
codes, and ordinances of the authority having jurisdiction pertaining to fire
prevention.
§429.203.Minimum Standards for Basic Fire Inspector Certification--New Track.
(a)
In order to be certified as a basic fire inspector an individual
must:
(1)
possess valid documentation of accreditation from the International
Fire Service Accreditation Congress as an Inspector I, Inspector II, and Plans
Examiner I ; or
(2)
complete a commission-approved Basic Fire Inspector program
and successfully pass the commission examination(s) as specified in Chapter
439 of this title (relating to Examinations for Certification). An approved
basic fire inspection training program shall consist of one or any combination
of the following:
(A)
completion of the commission-approved Basic Fire Inspector
Curriculum, as specified in Chapter 4 of the commission's Certification Curriculum
Manual, as approved by the commission in accordance with Chapter 443 of this
title (relating to Certification Curriculum Manual); or
(B)
successful completion of an out-of-state training program
which has been submitted to the commission for evaluation and found to meet
the minimum requirements as listed in the commission approved Basic Fire Inspector
Curriculum as specified in Chapter 4 of the commission's Certification Curriculum
Manual; or
(C)
successful completion of the following college courses:
Fundamentals of Fire Protection, 3 semester hours; Fire Protection Systems,
3 semester hours; Fire Prevention, 3 semester hours; Building Code, 3 semester
hours; Building Construction, 3 semester hours; Hazardous Materials, 3 semester
hours; Fundamentals of Speech, 3 semester hours; Total semester hours, 21*.
*NOTE: Building Code and Building Construction may be combined into a single
three semester hour class. If this is the case, the total semester hours may
be reduced to 18. Hazardous Materials I or II may be used to satisfy the requirements
of Hazardous Materials; or
(D)
successful completion of a National Fire Academy program
for fire inspection. The program must include the basic course, Fire Inspection
Principles I, and two of the following courses or their predecessor:
(i)
Fire Prevention Specialist II; or
(ii)
Plans Review for Inspectors; or
(iii)
Code Management: A Systems Approach; or
(iv)
Management of Fire Prevention Programs; or
(v)
Strategic Analysis of Fire Prevention Programs.
(b)
National Fire Academy courses of equal or greater class
hours that replace a course discontinued by the National Fire Academy may
be used towards requirements for certification in place of the discontinued
course.
(c)
A person who holds or is eligible to hold a certificate
upon employment as a part-time fire inspector may be certified as a fire inspector,
of the same level of certification, without meeting the applicable examination
requirements.
§429.205.Minimum Standards for Intermediate Fire Inspector Certification--New Track.
Applicants for Intermediate Fire Inspector certification holding a
prerequisite Basic Fire Inspector certification as defined in §429.203
of this title (relating to Minimum Standards for Basic Fire Inspector Certification--New
Track ) must have acquired four (4) years experience appointed as a fire inspector.
§429.207.Minimum Standards for Advanced Fire Inspector Certification--New Track.
Applicants for Advance Fire Inspector Certification must complete the
following requirements:
(1)
hold as a prerequisite an Intermediate Fire Inspector certification
as defined in §429.205 of this title (relating to Minimum Standards for
Intermediate Fire Inspector Certification--New Track);
(2)
acquire as a minimum eight (8) years experience appointed
as a fire inspector; and
(3)
complete the Commission approved Fire Inspector III and
Plans Examiner II courses, as specified in Chapter 4 of the commission's Certification
Curriculum Manual and successfully pass the examinations in accordance with
Chapter 439 of this title (relating to Examination for Certification).
§429.209.Minimum Standards for Master Fire Inspector Certification--New Track.
(a)
Applicants for Master Fire Inspector Certification must
complete the following requirements:
(1)
hold as a prerequisite an Advanced Fire Inspector certification
as defined in §429.207 of this title (relating to Minimum Standards for
Advanced Fire Inspector Certification--New Track); and
(2)
acquire a minimum of 12 years experience appointed as a
fire inspector, and 60 college semester hours or an associate degree, which
includes at least 18 college semester hours in fire science subjects.
(b)
College level courses from both the upper and lower division
may be used to satisfy the education requirement for Master Fire Inspector
Certification.
§429.211.International Fire Service Accreditation Congress (IFSAC) Seal--New Track.
(a)
Individuals who hold commission Fire Inspector certification
prior to January 1, 2005, may be granted International Fire Service Accreditation
Congress (IFSAC) seals for Inspector I and Inspector II by making application
to the commission for the IFSAC seals and paying applicable fees.
(b)
Individuals who hold commission Fire Inspector certification
prior to January 1, 2005, may apply to test for Plans Examiner I. Upon successful
completion of the examination an IFSAC seal for Plans Examiner I may be granted
by making application to the commission for the IFSAC seal and paying the
applicable fee.
(c)
Individuals who pass the applicable state examination prior
to January 1, 2005, may be granted IFSAC seals for Inspector I and Inspector
II by making application to the commission for the IFSAC seals and paying
applicable fees.
(d)
Individuals who pass the applicable state examination prior
to January 1, 2005, may apply to test for Plans Examiner I. Upon successful
completion of the examination an IFSAC seal for Plans Examiner I may be granted
by making application to the commission for the IFSAC seal and paying the
applicable fee.
(e)
Individuals who pass the applicable section of the state
examination on or after January 1, 2005, may be granted IFSAC(s) for Inspector
I, Inspector II, and/or Plans Examiner I by making application to the commission
for the IFSAC seal(s) and paying the applicable fee(s), provided they meet
the following provisions:
(1)
To receive the IFSAC Inspector I seal, the individual must:
(A)
Complete the Inspector I section of a commission-approved
course; and
(B)
Pass the Inspector I section of a commission examination.
(2)
To receive the IFSAC Inspector II seal, the individual
must:
(A)
Complete the Inspector II section of a commission-approved
course;
(B)
Document possession of an IFSAC Inspector I seal or a passing
score on the corresponding section of a commission examination; and
(C)
Pass the Inspector II section of a commission examination.
(3)
To receive the IFSAC Plans Examiner I seal, the individual
must:
(A)
Complete the Plans Examiner I section of a commission-approved
course; and
(B)
Pass the Plans Examiner I section of a commission examination.
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 10, 2004.
TRD-200403173
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §431.5 and §431.7, the repeal of existing §431.205, and
new §§431.205, 431.207, 431.209, and 431.211, concerning minimum
standards for intermediate and advanced structure fire protection personnel
certification, minimum standards for intermediate and advanced aircraft rescue
fire fighting personnel certification, minimum standards for intermediate
and advanced marine fire protection personnel certification, and minimum standards
for intermediated, advanced and master fire investigator certification, in
Chapter 423, entitled Fire Suppression. The amendments to §431.5 and
431.7 are proposed concurrently with proposed amendments to §§421.5,
423.5, 423.7, 423.204, 423.207, 423.305, 423.307, 429.5, and 429.7, published
elsewhere in this issue of the
Texas Register
.
The repeal and new rules revise the process for fire investigator certification
at the Intermediate, Advanced, and Master levels, and sets requirements for
granting an International Fire Service Accreditation Congress (IFSAC) seal
as a fire investigator.
The proposed amendments to §431.5 and §431.7 revise the process
by which course requirements for different levels of certification are determined,
and changes the method by which courses may be combined to meet those requirements.
The amendments delete references to hours of National Fire Academy (NFA) courses
which are used to meet certification requirements, and replaces it with the
introduction of two lists of courses (A-List and B-List). The amendments also
provide different options for acceptable combinations of courses from the
two lists and from college courses in fire science or fire protection, depending
on which level and type of certification is being pursued.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
repeal, new rules, and 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 repeal, new rules, and
amendments are in effect, the public benefit anticipated as a result of enforcing
the amendments will be a more standardized, efficient, and simplified process
that the TCFP uses to determine course combinations to meet fire fighter certification
requirements. There are no additional costs of compliance for small or large
businesses or individuals that are required to comply with the proposed repeal,
new rules, and amendments.
Comments on the proposals may be submitted to: Gary L. Warren, Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas
78768-2286 or e-mailed to info@tcfp.state.tx.us.
Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
37 TAC §431.5, §431.7
The repeal, new rules, and 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 appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the proposed amendments.
§431.5.Minimum Standards for Intermediate Arson Investigator Certification.
(a)
Applicants for Intermediate Arson Investigator Certification
must complete the following requirements:
(1)
hold as a prerequisite a Basic Arson Investigator Certification
as defined in §431.3 of this title (relating to Minimum Standards for
Basic Arson Investigator Certification);
and
(2)
acquire a minimum of four years of fire protection experience
and complete the requirements listed in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
[
(D)
[
[
(b)
[
(c)
[
§431.7.Minimum Standards for Advanced Arson Investigator Certification.
(a)
Applicants for Advanced Arson Investigator certification
must complete the following requirements:
(1)
hold as a prerequisite an Intermediate Arson Investigator
Certification as defined in §431.5 of this title (relating to Minimum
Standards for Intermediate Arson Investigator Certification);
and
(2)
acquire a minimum of eight years of fire protection experience
and complete the requirements listed in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections
(b)
[
(B)
Option 2--
Completion of coursework from either the
A-List or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List course and four
B-List courses. (See the exception outlined in subsection (c) of this section).
[
(C)
Option 3--
Completion of coursework from either the
A-List or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses (See the exception outlined in subsection (c) of this
section).
[
(D)
Option 4--Advanced Arson for Profit
or Complex Arson
Investigative Techniques
(Bureau of Alcohol, Tobacco, [
[
(E)
[
[
(b)
[
(c)
[
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 10, 2004.
TRD-200403163
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
37 TAC §431.205
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission on Fire Protection or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal, new rules, and 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 appointment as fire protection
personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the proposed amendments.
§431.205.International Fire Service Accreditation Congress (IFSAC) Certification.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 14, 2004.
TRD-200403276
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
37 TAC §§431.205, 431.207, 431.209, 431.211
The repeal, new rules, and 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 appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
the proposed amendments.
§431.205.Minimum Standards for Intermediate Fire Investigator Certification.
(a)
Applicants for Intermediate Fire Investigator must complete
the following requirements:
(1)
hold as a prerequisite a Basic Fire Investigator Certification
as defined in §431.203 of this title (relating to Minimum Standards for
Fire Investigator Certification); and
(2)
acquire a minimum of four years of fire protection experience
and complete the training listed in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the commission that the courses comply
with subsections (b) and (c) of this section; or
(B)
Option 2--Completion of coursework from either the A-List
or the B-List courses. Acceptable combinations of courses are as follows:
two A-List courses; or eight B-List courses; or one A-List and four B-List
courses. (See the exception outlined in subsection (c) of this section.);
or
(C)
Option 3--Completion of coursework from either the A-List
or the B-List courses in combination with college courses in fire science
or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses. (See the exception outlined in subsection (c) of this
section.)
(b)
Non-traditional credit awarded at the college level, such
as credit for experience or credit by examination obtained from attending
any school in the commission's Certification Curriculum Manual or for experience
in the fire service, may not be counted toward this level of certification.
(c)
The training required in this section must be in addition
to any training used to qualify for any lower level of Fire Investigator Certification.
Repeating a course or a course of similar content cannot be used towards this
level of certification.
§431.207.Minimum Standards for Advanced Fire Investigator Certification.
(a)
Applicants for Advanced Fire Investigator must
complete the following requirements:
(1)
hold as a prerequisite an Intermediate fire
Investigator Certification as defined in §431.203 of this title (relating
to Minimum Standards for Fire Investigator Certification; and
(2)
acquire a minimum of eight years of fire protection
experience and complete the training listed in one of the following options:
(A)
Option 1--Successfully complete six semester
hours of fire science or fire technology from an approved Fire Protection
Degree Program and submit documentation as required by the commission that
the courses comply with subsections (b) and (c) of this section; or
(B)
Option 2--Completion of coursework from the
either A-List or the B-List courses. Acceptable combinations of courses are
as follows: two A-List courses; or eight B-List courses; or one A-List and
four B-List courses. (See the exception outlined in subsection (c) of this
section.); or
(C)
Option 3--Completion of coursework from either
the A-List the B-List courses in combination with college courses in fire
science or fire protection. Acceptable combinations of courses are three semester
hours meeting the requirements of Option 1 with either one A-List course or
four B-List courses. (See the exception outlined in subsection (c) of this
section.)
(b)
Non-traditional credit awarded at the college
level, such as credit for experience or credit by examination obtained from
attending any school in the commission's Certification Curriculum Manual or
for experience in the fire service, may not be counted toward this level of
certification.
(c)
The training required in this section must be
in addition to any training used to qualify for any lower level of Fire Investigator
Certification. Repeating a course or a course of similar content cannot be
used towards this level of certification.
§431.209.Minimum Standards for Master Fire Investigator Certification.
(a)
Applicants for Master Fire Investigator Certification
must complete the following requirements:
(1)
hold as a prerequisite an Advanced Fire Investigator
Certification as defined in §431.207 of this title (relating to Minimum
Standards for Advanced Fire Investigator Certification); and
(2)
acquire a minimum of twelve years of fire protection
experience, and sixty college semester hours or an associate degree, which
includes at least eighteen college semester hours in fire science subjects.
(b)
College level courses from both the upper and
lower division may be used to satisfy the education requirement for Master
Fire Investigator Certification.
§431.211.International Fire Service Accreditation Congress (IFSAC) Seals-Fire Investigator.
(a)
Individuals holding current commission Fire
Investigator certification may be granted an International Fire Service Accreditation
Congress (IFSAC) Seal as a Fire Investigator by making application to the
commission for the IFSAC seal and paying applicable fees.
(b)
Individuals completing a commission approved
basic fire investigator program and passing the applicable state examination
may be granted an IFSAC Seal as a Fire Investigator by making application
to the commission for the IFSAC seal and paying applicable fees
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 10, 2004.
TRD-200403164
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
37 TAC §435.5, §435.16
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §435.5, concerning TCFP recommendations, and new rule §435.16,
concerning live fire training evolutions, in Chapter 435, entitled Fire Fighter
Safety.
The amendment to §435.5 clarifies the recommendation of the TCFP that
all employing entities use the publication NFPA (National Fire Protection
Association) 1500,
Fire Department Occupational Safety
and Health Program
as a guide for all fire protection operations. Proposed
new §435.16 sets out requirements for fire departments and certified
training facilities that conduct live fire training evolutions, including
a standard operating procedure for live fire training evolutions which meets
the requirements of NFPA 1403 with certain exceptions. Those exceptions include
all sections of NFPA 1403 which pertain to NFPA 1975, Standards on Station/Work
Uniforms for Fire and Emergency Services; and NFPA sections which are determined
to be beyond the scope of a fire service instructor and should be left to
the authority having jurisdiction. The proposed new rule also states the level
of certification that instructors, instructors-in-charge, and safety officers
shall hold if participating in live fire training evolutions.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
amendment and new rule 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 amendment and new rule are in effect,
the public benefit anticipated as a result of enforcing the amendment and
new rule will be a more clear understanding of what standards are to be used
when conducting interior live fire training, resulting in greater safety for
trainees and instructors involved in live fire evolutions during fire fighter
training. There are no additional costs of compliance for small or large businesses
or individuals that are required to comply with the proposed amendment and
new rule.
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 amendment and new rule 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, §419.028(3), which provides the TCFP with the authority to set
conditions under which training facilities operate.
Texas Government Code, §419.008 and §419.028(3) are affected
by the proposed amendment and new rule.
§435.5.Commission Recommendations.
The commission recommends that all employing entities use as a guide,
for all fire protection operations, the following
publication
[
[
[
§435.16.Live Fire Training Evolutions.
(a)
The fire department shall develop, maintain
and use a standard operating procedure for those live fire training evolutions
conducted by the fire department. If a certified training facility conducts
a live fire training evolution, the facility shall develop, maintain, and
use a standard operating procedure for those live fire training evolutions.
(b)
Instructors.
(1)
All instructors participating in live fire evolutions
shall hold as a minimum, a basic fire service instructor certification from
the commission.
(2)
The instructor-in-charge and the safety officer
shall hold, as a minimum, an intermediate fire instructor certification from
the commission.
(c)
The standard operating procedures shall meet
the requirements of the National Fire Protection Association 1403, Standard
on Live Fire Training Evolutions with the following exceptions:
(1)
all sections pertaining to the National Fire
Protection Association 1975, Standard on Station/Work Uniforms for Fire and
Emergency Services; and
(2)
the following identified sections, which are
determined to be beyond the scope of a fire service instructor and should
be left to the decision of the authority having jurisdiction:
(A)
all sections pertaining to the training center
burn building being evaluated and documented annually by a licensed professional
engineer with burn building experience and expertise; and
(B)
all sections pertaining to the training center
burn building being evaluated every five years and the removal and reinstallation
of a representative area of thermal linings (if any) to inspect the hidden
conditions behind the linings: and
(C)
all sections pertaining to the training center
burn building requiring the engineer performing core sampling of solid concrete
slabs and walls; and
(D)
all sections pertaining to oil separators.
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 10, 2004.
TRD-200403166
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 239-4921
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
(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:
(4)
] Approved training--Any training
[
which will be
] used
for a higher
[
toward any
]
level of certification must be
approved by
[
submitted to
]
the commission
and assigned to either the A-List or the B-List
[
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.
Inclusion on the A-List
or B-List does not preclude the course approval process as stated elsewhere
in the Standards Manual.
[
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
a regionally
[
an
] accredited institution of higher education
and including National
Fire Academy (NFA) open learning program colleges,
or courses
recommended for college credit by the American Council on Education (ACE)
or
[
and
]delivered through the National Emergency Training
Center
(both EMI and NFA)
[
residency
] programs [
and recommended for college credit by the American Council on Education (ACE)
].
A course of study satisfactorily completed and identified on
an official transcript from a college or in the ACE National Guide that is
primarily related to Fire Service, Emergency Medicine, Emergency Management,
or Public Administration is defined as applicable for Fire Science college
credit, and is acceptable for higher levels of certification.
(12)
] Commission--Texas Commission
on Fire Protection.
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.
]
Chapter 423.
FIRE SUPPRESSION
courses
] listed in one of
the following options:
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
]
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.]
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Intermediate Structure Fire Protection Personnel Certification.]
(c)
]Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted toward
this level
[
higher levels
] of certification.
(d)
]The training required in this
section must be in addition to any training used to qualify for any lower
level of Structure Fire Protection Personnel Certification. Repeating a course
or
a
course of similar content cannot be used towards
this
level
[
higher levels
] of certification.
courses
] listed in one of
the following options:
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
]
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.]
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Advanced Structure Fire Protection Personnel Certification.]
(c)
]Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted toward
this level
[
higher levels
] of certification.
(d)
] The training required in this
section must be in addition to any training used to qualify for any lower
level of Structure Fire Protection Personnel Certification. Repeating a course
or
a
course of similar content cannot be used towards
this
level
[
higher levels
] of certification.
Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL
courses
] listed in one of
the following options:
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
]
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.]
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Intermediate Aircraft Rescue Fire Fighting Personnel Certification.]
(c)
] Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted toward
this level
[
higher levels
] of certification.
(d)
]The training required in this
section must be in addition to any training used to qualify for any lower
level of Aircraft Rescue Fire Fighting Certification. Repeating a course or
a
course of similar content cannot be used towards
this level
[
higher levels
] of certification
courses
] listed in one of
the following options:
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
]
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.]
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Advanced Aircraft Rescue Fire Fighting Personnel Certification.]
(c)
] Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted toward
this level
[
higher levels
] of certification.
(d)
]The training required in this
section must be in addition to any training used to qualify for any lower
level of Aircraft Rescue Fire Fighting Personnel Certification. Repeating
a course or
a
course of similar content cannot be used towards
this level
[
higher levels
] of certification.
Subchapter C. MINIMUM STANDARDS FOR MARINE FIRE PROTECTION PERSONNEL
.
]
;and
courses
] listed in one of
the following options:
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
]
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.]
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Intermediate Marine Fire Protection Personnel Certification.]
(c)
] Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted towards
this level
[
higher levels
] of certification.
(d)
] The training required in this
section must be in addition to any training used to qualify for any lower
level of Marine Fire Protection Personnel Certification. Repeating a course
or
a
course of similar content cannot be used towards
this
level
[
higher levels
] of certification.
.
]
; and
courses
] listed in one of
the following options:
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
]
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.]
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Advanced Marine Fire Protection Personnel Certification.]
(c)
] Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted towards
this level
[
higher levels
] of certification.
(d)
]The training required in this
section must be in addition to any training used to qualify for any lower
level of Marine Fire Protection Personnel Certification. Repeating a course
or
a
course of similar content cannot be used towards
this
level
[
higher levels
] of certification.
Chapter 427.
TRAINING FACILITY CERTIFICATION
(A)
NFPA 1403, Standard on Live
Fire Training Evolutions shall be used as a guide when conducting interior
live fire training.]
(B)
A Personal Alert Safety System
(PASS) shall be provided for all students and instructors participating in
live fire training and shall meet the requirements in §435.9 of this
title (relating to PASS devices). Section 435.9 applies whether the PASS is
provided by the academy or the trainee.]
(C)
A Personnel Accountability
System that complies with §435.13 of this title shall be utilized.]
(D)
The facility shall utilize
an Incident Management System that complies with §435.11, §435.15
and §435.17 of this title during live fire training.]
Chapter 429.
MINIMUM STANDARDS FOR FIRE INSPECTORS
(a)
] Fire protection personnel of
a governmental entity who are appointed to fire code enforcement duties must
be certified, as a minimum, as a basic fire inspector as specified in §429.3
of this title (relating to Minimum Standards for Basic Fire Inspector Certification)
within one year of initial appointment to such position.
(b)
] Prior to being appointed to
fire code enforcement duties, all personnel must complete a commission approved
basic fire inspection training program and successfully pass the commission
examination pertaining to that curriculum.
(c)
] Individuals holding any level
of fire inspector certification shall be required to comply with the continuing
education requirements of §441.13 of this title (relating to Continuing
Education Requirements for Fire Inspection Personnel).
(d)
] Code enforcement is defined
as the enforcement of laws, codes, and ordinances of the authority having
jurisdiction pertaining to fire prevention.
as specified in
Chapter 4 of the commission's Certification Curriculum Manual, as approved
by the commission in accordance with Chapter 443 of this title (relating to
Certification Curriculum Manual)
]; or
(1)
hold as a prerequisite a Basic
Fire Inspector Certification as defined in §429.3 of this title (relating
to Minimum Standards for Basic Fire Inspector Certification);]
(2)
] acquire a minimum of four years
of fire protection experience and complete the
training
[
courses
]
listed
[
contained
] in one of the following
options:
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
]
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.]
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Intermediate Fire Inspector Certification.]
(c)
] Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted toward
this level
[
higher levels
] of certification.
(d)
] The training required in this
section must be in addition to any training used to qualify for any lower
level of Fire Inspector Certification. Repeating a course or
a
course
of similar content cannot be used towards
this level
[
higher
levels
] of certification.
courses
] listed in one of
the following options:
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
]
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section.]
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Advanced Fire Inspector Certification.]
(c)
] Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted toward
this level
[
higher levels
] of certification.
(d)
] The training required in this
section must be in addition to any training used to qualify for any lower
level of Fire Inspector Certification. Repeating a course or
a
course
of similar content cannot be used towards
this level
[
higher
levels
] of certification.
Subchapter B. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION
Chapter 431.
FIRE INVESTIGATION
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
] ; or
(D)
Option 4--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 4 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section; or]
(E)
] Option
4
[
5
]--Hold current Intermediate Peace Officer certification from the Texas
Commission on Law Enforcement Officer Standards and Education (TCLEOSE) with
four additional law enforcement courses applicable for fire investigations.
See exception outlined in subsection (d) of this section.
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Intermediate Arson Investigator Certification.]
(c)
] Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted toward
this level
[
higher levels
] of certification.
(d)
] The training required in this
section must be in addition to any training used to qualify for any lower
level of Arson Investigator Certification. Repeating a course or a course
of similar content cannot be used towards
this level
[
higher
levels
] of certification.
(c)
] and
(c)
[
(d)
] of this section; or
Complete a minimum of 96 hours of instruction in any National
Fire Academy courses
]; or
Successfully complete three semester hours of college
courses listed in Option 1 and a minimum of 48 hours in any National Fire
Academy courses.
]; or
and
]
Firearms
, and Explosives
resident or field course, 80 hours);
or
(E)
Option 5--Successfully complete
any combination of courses that lead to International Fire Service Accreditation
Congress (IFSAC) certification that total 96 recommended hours or more in
the commission curricula. Evidence of completion of the appropriate courses
shall be a certification from the commission or a valid documentation from
another jurisdiction of accreditation from IFSAC. Option 5 may not be combined
with any of the above options to obtain this certification. See exception
outlined in subsection (d) of this section; or ]
(F)
] Option
5
[
6
]--Hold current Advanced Peace Officer certification from the Texas
Commission on Law Enforcement Officer Standards and Education (TCLEOSE) with
four additional law enforcement courses applicable for fire investigations.
See exception outlined in subsection (d) of this section.
(b)
College level courses from
both the upper and lower division may be used to satisfy the education requirement
for Advanced Arson Investigator Certification.]
(c)
] Non-traditional credit awarded
at the college level, such as credit for experience or credit by examination
obtained from attending any school in the commission's Certification Curriculum
Manual or for experience in the fire service, may not be counted toward
this level
[
higher levels
] of certification.
(d)
] The training required in this
section must be in addition to any training used to qualify for any lower
level of Arson Investigator Certification. Repeating a course or
a
course
of similar content cannot be used towards
this level
[
higher
levels
] of certification.
Subchapter B. MINIMUM STANDARDS FOR FIRE INVESTIGATOR CERTIFICATION
Chapter 435.
FIRE FIGHTER SAFETY
publications
]
NFPA 1500
Fire Department
Occupational Safety and Health Program.
[
:
]
(1)
NFPA 1403 "Live Fire Training
Evolutions";]
(2)
(NFPA 1500 "Fire Department
Occupational Safety and Health Program."]
Chapter 439.
EXAMINATIONS FOR CERTIFICATION