Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 423.
FIRE SUPPRESSION
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
37 TAC §423.3
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §423.3, concerning minimum standards for basic structure
fire protection personnel certification, in Chapter 423, entitled Fire Suppression.
The purpose of the proposed amendment is to clarify that one of the requirements
for basic structure certification, when using reciprocity for International
Fire Service Accreditation seals, is meeting the medical training requirements
specified in §423.1(b), which is defined as successful completion of
a commission recognized emergency medical course. Section 423.1(b) lists the
recognized medical emergency training as follows: Texas Department of Health
Emergency Medical Service Personnel certification training; an American Red
Cross Emergency Response course, including the optional lessons and enrichment
sections; an American Safety and Health Institute First Responder course;
National Registry of Emergency Medical Technicians certification; or medical
training deemed equivalent by the commission.
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 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 fire fighters with medical emergency training
serving the public, resulting in better public safety. 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. Comments must be received
within 30 days of publication of this proposal in the
Texas Register
.
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 educational
standards for appointment as basic and advanced fire protection personnel.
Texas Government Code, §419.008 and §419.022(a)(5) are affected
by this rulemaking.
§423.3.Minimum Standards for Basic Structure Fire Protection Personnel Certification.
(a)
In order to become certified as basic structure fire protection
personnel, an individual must:
(1)
possess valid documentation of accreditation from the
International Fire Service Accreditation Congress as a Fire Fighter I, Fire
Fighter II, First Responder Awareness, and First Responder Operations
and meet the medical requirements outlined in §423.1(b) of this title
; or
(2)
(No change.)
(b)
(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 July 22, 2005.
TRD-200502994
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes the repeal
of existing Chapter 425, entitled Fire Instructors, and new Chapter 425, entitled
Fire Service Instructors. Existing Chapter 425 is comprised of §§425.1,
425.3, 425.5, 425.7, 425.9, 425.201, 425.203, 425.205, 425.207, 425.209, 425.301,
and 425.401. Proposed new Chapter 425 consists of §§425.1, 425.3,
425.5, 425.7, 425.9, and 425.11, concerning minimum standards for certification
as a Fire Service Instructor, Fire Service Instructor I, Fire Service Instructor
II, Fire Service Instructor III, Master Fire Service Instructor III, and International
Fire Service Accreditation Congress (IFSAC) seals for fire service instructors.
Upon adoption, the effective date of new Chapter 425 and the repeal of existing
Chapter 425 will be March 1, 2006.
The purpose of the repeal of existing Chapter 425 is to provide for a restructuring
of the instructor certification rules into a new chapter with the following
changes in organization and requirements. Certification categories have been
redesignated with new titles. Fire Education Specialist requirements have
been deleted as a separate subchapter, and have been incorporated into the
various levels of Fire Service Instructor certification requirements. The
existing training requirements have been replaced in the new chapter with
a requirement of completion of the curricula for Fire Service Instructor I,
II and III, with the exception of those individuals with degrees in education.
The Associate Instructor designation will be phased out.
The proposed new chapter provides that training programs for fire service
instructor certification that are started on or after March 1, 2006 must meet
the curriculum and competencies based on National Fire Protection Association
(NFPA) 1041. Upon adoption of the new chapter, current instructors certificates
will have existing certificates renewed at the appropriate new certification
level.
Proposed new §425.1, Minimum Standards for Fire Service Instructor
Certification, provides guidelines regarding the effective date of the rule,
standards for equivalency determinations regarding training (including IFSAC-accredited
programs), and requirements related to education, training, certifications
held, and requirements for continuing education.
Proposed new §425.3, Minimum Standards for Fire Service Instructor
I Certification, provides requirements regarding years of experience, education
(including a field examiner orientation course), and testing for Instructor
I certification.
Proposed new §425.5, Minimum Standards for Fire Service Instructor
II Certification, provides requirements regarding years of experience, prior
certifications held, and education and testing for Instructor II certification.
Proposed new §425.7, Minimum Standards for Fire Service Instructor
III certification, provides requirements regarding years of experience, prior
certifications held, education, and testing for Instructor III certification.
Proposed new §425.9, Minimum Standards for Master Fire Service Instructor
III Certification, provides requirements regarding prior certifications held,
experience, and educational degrees held for Master Fire Service Instructor
III certification.
Proposed new §425.11, International Fire Service Accreditation Congress
Seal, provides the requirements and limitations on issuance and use of the
IFSAC seal.
The TCFP has determined these amendments to be in compliance with Texas
Government Code, §419.022(b).
Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
repeal 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 year of the first five years
the proposed repeal and new rules are in effect, the public benefit anticipated
as a result of enforcing the repeal and new rules will be the assurance that
fire service instructors in the state are trained to the highest standards.
There are no additional costs of compliance for small or large businesses
or individuals that are required to comply with the proposed repeal and new
rules.
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. Comments must be received
within 30 days of publication of this proposal in the
Texas Register
.
Subchapter A. FIRE SERVICE INSTRUCTOR CERTIFICATION
37 TAC §§425.1, 425.3, 425.5, 425.7, 425.9
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Fire Protection or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal 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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.028(3), which provides
the TCFP with the authority to certify persons as qualified fire protection
personnel instructors under conditions which the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
§425.1.Minimum Standards for Fire Service Instructor Certification.
§425.3.Minimum Standards for Basic Fire Service Instructor Certification.
§425.5.Minimum Standards for Intermediate Fire Service Instructor Certification.
§425.7.Minimum Standards for Advanced Fire Service Instructor Certification.
§425.9.Minimum Standards for Master Fire Service Instructor 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 July 22, 2005.
TRD-200502996
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
37 TAC §§425.201, 425.203, 425.205, 425.207, 425.209
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Fire Protection or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal 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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.028(3), which provides
the TCFP with the authority to certify persons as qualified fire protection
personnel instructors under conditions which the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
§425.201.Minimum Standards for Fire Education Specialist Certification.
§425.203.Minimum Standards for Basic Fire Education Specialist Certification.
§425.205.Minimum Standards for Intermediate Fire Education Specialist Certification.
§425.207.Minimum Standards for Advanced Fire Education Specialist Certification.
§425.209.Minimum Standards for Master Fire Education Specialist 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 July 22, 2005.
TRD-200502997
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
37 TAC §425.301
(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 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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.028(3), which provides
the TCFP with the authority to certify persons as qualified fire protection
personnel instructors under conditions which the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
§425.301.Minimum Standards for Associate Instructor 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 July 22, 2005.
TRD-200502998
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
37 TAC §425.401
(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 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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.028(3), which provides
the TCFP with the authority to certify persons as qualified fire protection
personnel instructors under conditions which the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
§425.401.Instructor Training Courses.
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 July 22, 2005.
TRD-200502999
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
37 TAC §§425.1, 425.3, 425.5, 425.7, 425.9, 425.11
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; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.028(3), which provides
the TCFP with the authority to certify persons as qualified fire protection
personnel instructors under conditions which the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
§425.1.Minimum Standards for Fire Service Instructor Certification.
(a)
The effective date of this chapter shall be March 1, 2006.
Training programs that are intended to satisfy the requirements for fire service
instructor certification that are started on or after the effective date of
this chapter must meet the curriculum and competencies based upon NFPA 1041.
All applicants for certification must meet the examination requirements of
this section.
(b)
Prior to being appointed to fire service instructor duties,
all personnel must complete a commission approved fire service instructor
program and successfully pass the commission examination pertaining to that
curriculum.
(c)
An out-of-state, military, or federal instructor training
program may be accepted by the commission as meeting the training and experience
requirements for certification as a fire service instructor if the training
has been submitted to the commission for evaluation and found to be equivalent
to or to exceed the commission-approved instructor course for that particular
level of fire service instructor certification.
(d)
An individual who holds a bachelors degree or higher in
education from a regionally accredited educational institution or a teaching
certificate issued by the Texas State Board of Education is considered to
have training equivalent to the commission's curriculum requirements for Instructor
I, II and III training.
(e)
Individuals who hold Basic Fire Service Instructor or Basic
Fire Education Specialist certification on the effective date of this chapter
will, upon renewal, be renewed as a Fire Service Instructor I.
(f)
Individuals who hold Intermediate Fire Service Instructor
or Intermediate Fire Education Specialist or Associate Instructor certification
on the effective date of this chapter will, upon renewal, be renewed as a
Fire Service Instructor II.
(g)
Individuals who hold Advanced Fire Service Instructor or
Advanced Fire Education Specialist certification on the effective date of
this chapter will, upon renewal, be renewed as a Fire Service Instructor III.
(h)
Individuals who hold Master Fire Service Instructor or
Master Fire Education Specialist certification on the effective date of this
chapter will, upon renewal, be renewed as a Master Fire Service Instructor
III.
(i)
Personnel holding any level of fire service instructor
certification must comply with the continuing education requirements specified
in §441.21 of this title.
(j)
A program that has been accredited by the International
Fire Service Accreditation Congress (IFSAC) shall be considered for evaluation
for equivalence to the commission's requirements for the corresponding level
of certification.
§425.3.Minimum Standards for Fire Service Instructor I Certification.
(a)
In order to become certified as a Fire Service Instructor
I an individual must:
(1)
have a minimum of three years of experience (as defined
in §421.5(43) of this title) in fire protection in one or more or any
combination of the following:
(A)
a paid, volunteer, or regulated non-governmental fire department;
or
(B)
a department of a state agency, education institution or
political subdivision providing fire protection training and related responsibilities;
and
(2)
have completed the appropriate curriculum for Fire Service
Instructor I contained in Chapter 8 of the commission's Certification Curriculum
Manual, or meet the equivalence as specified in §425.1(d) of this title;
and
(3)
successfully pass the applicable commission examination
as specified in Chapter 439 of this title; and
(4)
have completed the field examiner orientation course as
specified in Chapter 439 of this title.
(b)
In order to qualify for the Fire Service Instructor I examination
the individual must meet the years of experience and training requirements
as outlined in this section.
§425.5.Minimum Standards for Fire Service Instructor II Certification.
(a)
In order to become certified as a Fire Service Instructor
II, an individual must:
(1)
hold as a prerequisite a Fire Instructor I certification
as defined in §425.3 of this title; and
(2)
have a minimum of three years of experience (as defined
in §421.5(43) of this title) in fire protection in one or more or any
combination of the following:
(A)
a paid, volunteer, or regulated non-governmental fire department;
or
(B)
a department of a state agency, education institution or
political subdivision providing fire protection training and related responsibilities;
and
(3)
have completed the appropriate curriculum for Fire Service
Instructor II contained in Chapter 8 of the commission's Certification Curriculum
Manual, or meet the equivalence as specified in §425.1(d) of this title;
and
(4)
successfully pass the applicable commission examination
as specified in Chapter 439 of this title.
(b)
In order to qualify for the Fire Service Instructor II
examination the individual must meet the years of experience and training
requirements as outlined in this section.
§425.7.Minimum Standards for Fire Service Instructor III Certification.
(a)
In order to become certified as a Fire Service Instructor
III an individual must:
(1)
hold as a prerequisite a Fire Instructor II Certification
as defined in §425.5 of this title; and
(2)
have a minimum of three years of experience (as defined
in §421.5(43) of this title) in fire protection in one or more or any
combination of the following:
(A)
a paid, volunteer, or regulated non-governmental fire department;
or
(B)
a department of a state agency, education institution or
political subdivision providing fire protection training and related responsibilities;
and
(3)
have completed the appropriate curriculum for Fire Service
Instructor III contained in Chapter 8 of the commission's Certification Curriculum
Manual, or meet the equivalence as specified in §425.1(d) of this title;
and
(4)
successfully pass the applicable commission examination
as specified in Chapter 439 of this title; and either
(A)
hold as a prerequisite an advanced structural fire protection
personnel certification, an advanced aircraft fire protection personnel certification,
advanced marine fire protection personnel certification, advanced inspector
certification, advanced fire investigator, or advanced arson investigator
certification; or
(B)
have 60 college hours from a regionally accredited educational
institution; or
(C)
hold an associate degree from a regionally accredited educational
institution.
(b)
In order to qualify for the Fire Service Instructor III
examination the individual must meet the years of experience and training
requirements as outlined in this section.
§425.9.Minimum Standards for Master Fire Service Instructor III Certification.
In order to become certified as a Master Fire Service Instructor III
the individual must:
(1)
hold as a prerequisite a Fire Service Instructor III certification;
and
(2)
be a member of a paid, volunteer, or regulated non-governmental
fire department; or a department of a state agency, education institution
or political subdivision providing fire protection training and related responsibilities;
and
(3)
hold as a prerequisite a master structural fire protection
personnel certification, a master aircraft rescue fire fighting personnel
certification, master marine fire protection personnel certification, master
inspector certification, master fire investigator certification, or master
arson investigator certification; or
(4)
hold a bachelors degree or higher in education from a regionally
accredited educational institution or a teaching certificate issued by the
Texas State Board of Education.
§425.11.International Fire Service Accreditation Congress Seal.
(a)
Individuals who hold basic fire service instructor or basic
fire education specialist certification prior to the effective date of this
chapter or individuals completing a commission-approved Fire Service Instructor
I training program and passing the applicable state examination after the
effective date of this chapter, may be granted an IFSAC seal for Instructor
I by making application to the commission and paying the applicable fee.
(b)
Individuals who hold intermediate fire service instructor,
intermediate fire education specialist, or associate instructor certification
prior to the effective date of this chapter or individuals holding an IFSAC
Instructor I certification, completing a commission-approved Fire Service
Instructor II training program, and passing the applicable state examination
after the effective date of this chapter, may be granted an IFSAC seal for
Instructor II by making application to the commission and paying the applicable
fee.
(c)
Individuals who hold advanced or master fire service instructor
or advanced or master fire education specialist certification prior to the
effective date of this chapter or individuals holding an IFSAC Instructor
II certification, completing a commission-approved Fire Service Instructor
III training program, and passing the applicable state examination after the
effective date of this chapter, may be granted an IFSAC seal for Instructor
III by making application to the commission and paying the applicable fee.
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 July 22, 2005.
TRD-200503000
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §429.3 and §429.203, concerning minimum standards for basic fire
inspector certification and minimum standards for basic fire inspector certification
(new track), in Chapter 429 entitled Minimum Standards for Fire Inspectors.
The purpose of the amendments is to update the list of classes used to fulfill
the training program requirement for fire inspector certification.
The amendments remove the Fundamentals of Fire Protection and Fundamentals
of Speech classes and add a Fire Prevention Codes and Investigations class
as an option for the Fire Prevention class; and reduce the total semester
hours from 21 to 15. The Building Code class and Building Construction class
may be combined into a single three semester hour class, in which case the
total semester hours may be reduced to 12.
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 that fire protection personnel
will receive the most up to date and relevant training. 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 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. Comments must be received
within 30 days of publication of this proposal in the
Texas Register
.
The TCFP has determined these amendments to be in compliance with Texas
Government Code, §419.022(b).
Subchapter A. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION BASED ON REQUIREMENTS IN EFFECT PRIOR TO JANUARY 1, 2005
37 TAC §429.3
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with the authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
§429.3.Minimum Standards for Basic Fire Inspector Certification.
(a)
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) - (2)
(No change.)
(3)
successful completion of the following college courses:
[
(A)
Fire Protection Systems, three semester
hours;
(B)
Fire Prevention, three semester hours;
or Fire Prevention Codes and Investigations, three semester hours;
(C)
Building Code, three semester hours;
(D)
Building Construction, three semester
hours;
(E)
Hazardous Materials, three semester hours.(Total
semester hours, 15*. *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 12. Hazardous Materials I or II may
be used to satisfy the requirements of Hazardous Materials); or
(4)
(No change.)
(b) - (c)
(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 July 22, 2005.
TRD-200503001
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
37 TAC §429.203
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with the authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.022, which provides
the TCFP with authority to establish minimum educational, training, physical,
and mental standards; and Texas Government Code, §419.029, which provides
the TCFP with the authority to establish minimum curriculum requirements for
training facilities.
Texas Government Code, §§419.008, 419.022, and 419.029 are affected
by this rulemaking.
§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)
(No change.)
(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) - (B)
(No change.)
(C)
successful completion of the following college courses:
[
(i)
Fire Protection Systems, three semester
hours;
(ii)
Fire Prevention, three semester hours;
or Fire Prevention Codes and Investigations, three semester hours;
(iii)
Building Code, three semester hours;
(iv)
Building Construction, three semester
hours;
(v)
Hazardous Materials, three semester hours.
(Total semester hours, 15*. *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 12. Hazardous Materials I or II
may be used to satisfy the requirements of Hazardous Materials); or
(D)
(No change.)
(b) - (c)
(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 July 22, 2005.
TRD-200503002
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
37 TAC §435.3
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §435.3, concerning self-contained breathing apparatus (SCBA),
in Chapter 435, entitled Fire Fighter Safety. The purpose of the proposed
amendment is to have fire departments follow the manufacturer’s recommendations
concerning inspection and maintenance of each self-contained breathing apparatus
that an entity owns.
The proposed amendment deletes previously developed agency standards in
paragraphs (3) and (8) that mandate the frequency of SCBA inspection, describes
the components of an acceptable inspection, and mandates the frequency and
components of acceptable annual testing of each SCBA, including a flow test.
The proposed requirement is for departments to follow the manufacturer’s
recommendation in those areas. A new paragraph (6) has been added that provides
that fire suppression entities must maintain and provide upon request by the
commission, standard operating procedures regarding the selection, care, and
maintenance of SCBA that comply with National Fire Protection Association
Standard 1852, 2002 Edition.
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 an increased efficiency in the ability
of the fire service to maintain their SCBA according to manufacturer’s
recommendations. This will ultimately result in greater safety for fire fighters
in the state. 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. Comments must be received
within 30 days from the publication of this proposal in the
Texas Register
.
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, §419.041, which
provides the TCFP with the authority to set requirements for self-contained
breathing apparatus use, including safety standards, maintenance, testing,
and regular inspection.
Texas Government Code, §419.041 is affected by the proposed rulemaking.
§435.3.Self-contained Breathing Apparatus.
The employing entity shall:
(1) - (2)
(No change.)
[
(3)
[
[
(4)
[
(5)
[
(6)
maintain and provide upon request
by the commission, a department standard operating procedure regarding the
selection, care, and maintenance of self-contained breathing apparatus that
complies with NFPA 1852 Standard on Selection, Care, and Maintenance of Open-Circuit
Self-Contained Breathing Apparatus (SCBA) 2002 Edition.
[
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 July 22, 2005.
TRD-200503003
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §439.3, 439.13
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §439.3 and §439.13 concerning definitions and testing for proof
of proficiency, in Chapter 439, entitled Examinations for Certification. The
purpose of the proposed amendment to §439.3 is to describe changes to
the definition of "Field Examiner". The purpose of the proposed amendment
to §439.13 is to remove language regarding the procedure by which an
individual returning from military service can renew his or her certification,
and place that language in the rule concerning renewals.
The proposed amendment to §439.3 (the definition of "Field Examiner")
adds to the requirements for field examiner certification the following: possession
of a Fire Instructor certification; the completion of the on-line commission
field examiner orientation; and successful completion of the orientation examination.
The proposed amendment also changes the time period in which a field examiner
must repeat the examiner orientation course from three years to two years.
The proposed amendment to §439.13(c) removes language describing the
procedure an individual would follow to renew his or her expired certification
after returning from activation to military service. That language has been
added to the adopted amendment to §437.5 of this title (relating to Renewal
Fees) published in the July 22, 2005, issue of the
Texas Register
.
These proposed amendments are in compliance with Texas Government Code, §419.022(b).
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 amendment to §439.3 will be the assurance that
skills examinations will be administered by field examiners who have received
the highest levels of training, due to the fact that they now must hold fire
instructor certification and complete continuing education at a greater frequency.
The public benefit anticipated as a result of enforcing the amendment to §439.13
will be less confusion regarding the procedures an individual must follow
to renew an expired certification when returning from activated military service,
due to the relevant rule text being transferred to a more logical place in
the commission’s rules (§437.5). 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 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. Comments must be received
within 30 days of publication of this proposal in the
Texas Register
.
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; Texas Government Code, §419.028(3), which provides
the TCFP with the authority to certify fire protection personnel instructors
under conditions that the commission prescribes; and Texas Government Code, §419.022(a)(5),
which provides the TCFP with the authority to establish minimum educational
and training standards for admission to employment as fire protection personnel.
Texas Government Code, §419.022 and §419.028 are affected by
the proposed amendments.
§439.3.Definitions.
The following words and terms used in this chapter have the following
definitions unless the context clearly indicates otherwise.
(1) - (7)
(No change.)
(8)
Field examiner--An individual
authorized to evaluate
performance skills in commission approved curricula
[
(9)
(No change.)
§439.13.Testing for Proof of Proficiency.
(a) - (b)
(No change.)
(c)
An individual who is called to active military duty in
accordance with applicable federal law is not considered to have a break in
service. That person would not have to complete the examination requirement
[
(d)
(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 July 22, 2005.
TRD-200503004
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 239-4921
Chapter 425.
FIRE INSTRUCTORS
Subchapter B. FIRE EDUCATION SPECIALIST CERTIFICATION
Subchapter C. ASSOCIATE INSTRUCTOR CERTIFICATION
Subchapter D. INSTRUCTOR TRAINING COURSES
Chapter 425.
FIRE SERVICE INSTRUCTORS
Chapter 429.
MINIMUM STANDARDS FOR FIRE INSPECTORS
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
]
Subchapter B. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION
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
]
Chapter 435.
FIRE FIGHTER SAFETY
(3)
ensure that an SCBA that is
assigned to an individual user or in-service apparatus be inspected at the
beginning of each duty period and where an SCBA is not assigned to an individual
user or in-service apparatus but is available for immediate use or a duty
period, the inspection shall be performed at least weekly and shall include
a check of the entire unit for deteriorated components, air tightness of cylinders
and valves, gauge comparison, reducing valve and bypass valve operation, and
check of the regulator, exhalation valve, and low-air alarm. All other SCBA
shall be inspected prior to being placed into service. The inspection shall
comply with the minimum requirements of the National Fire Protection Association.
The SCBA shall be clean and ready for service;]
(4)
] develop an air quality program
that complies with NFPA 1989 Standard on Breathing Air Quality for Fire and
Emergency Services Respiratory Protection (2003 edition);
(5)
develop procedures to ensure
that all bottles used on self-contained breathing apparatus are tested as
required by the manufacturer and the Department of Transportation;]
(6)
] maintain and supply upon request
by the commission, records and reports documenting compliance with commission
requirements concerning self-contained breathing apparatus and
breathing
air. Records
[
a record
] of all tests shall be made and the
records
[
record
] shall be retained for a period of no less
than three years;
(7)
] maintain and provide upon
request by the commission, a departmental standard operating procedure regarding
the use[
, selection, care, and maintenance
] of self-contained breathing
apparatus; and
(8)
ensure that at least annually,
the face piece, regulator, end of service indicator(s), hoses, and cylinder
valve are tested for proper function on test equipment approved by the manufacturer.
The test of the regulator shall include a flow test. This test shall be performed
in a manner prescribed by the manufacturer and by personnel authorized by
the manufacturer to perform such test and shall meet the minimum requirements
for testing as required by the National Fire Protection Association.]
Chapter 439.
EXAMINATIONS FOR CERTIFICATION
that has successfully
completed the commission administered field examiner orientation and has received
a Certificate of Completion from the commission
].
The
[
An approved
] field examiner must
possess a Fire Instructor Certification,
complete the on-line commission field examiner orientation, pass the orientation
examination, and
sign an agreement to comply with the commission's testing
procedures. [
The field examiner must as a minimum, possess a Fire Instructor
Certification
]. The field examiner must be approved by the commission
to instruct all subject areas identified in the curriculum that they will
be evaluating. The field examiner
will
[
must
] work under
the supervision of a staff examiner
during a commission administered
examination
[
to administer commission examinations, except when
evaluating performance skills during an approved basic certification school
]. The field examiner must
repeat the
[
receive an
]
examiner orientation [
course
] every
two
[
three
] years
and submit
[
administered by a certified instructor
authorized by the commission or evaluate at least 50 individual state-administered
performance skill examinations every three years. Prior to renewal, the field
examiner must obtain, sign and return to the commission
] a new letter
of intent.
upon return to employment as a fire protection personnel. To obtain
a new certificate, the individual must submit the renewal fee and documentation
for 20 hours of continuing education
].
Chapter 441.
CONTINUING EDUCATION