Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 4.
COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
Subchapter C. COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT
37 TAC §4.36
The Texas Department of Public Safety proposes an amendment
to §4.36, concerning Commercial Motor Vehicle Compulsory Inspection Program.
Amendment to §4.36 is necessary in order to correct an inaccuracy listed
in subsection (f)(2) of the current rule.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be to ensure to the public greater compliance by motor
carriers with all of the statutes and regulations pertaining to the safe operation
of commercial vehicles in this state. There is no adverse economic impact
anticipated for individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mark Rogers, Major, Texas
Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0500, (512) 424-2116.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; and Texas Transportation Code, §548.002,
which authorizes the department to adopt rules to administer and enforce the
compulsory inspection of vehicles.
Texas Government Code, §411.004(3) and Texas Transportation Code, §548.002
are affected by this proposal.
§4.36.Commercial Motor Vehicle Compulsory Inspection Program.
(a) - (e)
(No change.)
(f)
For purposes of the Commercial Motor Vehicle Compulsory
Inspection Program, the term "commercial motor vehicle" means a self-propelled
or towed vehicle used on a public highway to transport passengers or property
if:
(1)
(No change.)
(2)
the vehicle is a farm vehicle with a gross weight, a registered
weight, or a gross weight rating of [
(3) - (7)
(No change.)
(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 3, 2005.
TRD-200500972
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-2135
37 TAC §21.1
The Texas Department of Public Safety proposes an amendment
to §21.1, concerning Standards for Vehicle Equipment. The section provides
specifications and performance standards for vehicle equipment to include
lighting devices and after-market window sunscreening. The main purpose of
this amendment is to correct a textual error in (f)(6)(A) that affected the
flexibility of the medical exemption for vehicle window tint. This resulted
in a limit on the extent of the medical exception.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be the fair administration of the law on vehicle window
restrictions. There is no anticipated adverse economic effect on individuals,
small businesses, or micro-businesses.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety,
P.O. Box 4087, Austin, Texas 78773-0543; or by fax at (512) 424-2774. All
comments must be received within 30 days after publication of the proposal
in the
Texas Register
and make reference to
"Proposed Amendment to 37 TAC §21.1" in the subject line or in the beginning
of the text.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; and Texas Transportation Code, §547.101,
which authorizes the Department of Public Safety to adopt standards for vehicle
equipment.
Texas Government Code, §411.004(3) and Texas Transportation Code, §547.101
are affected by this proposal.
§21.1.Standards for Vehicle Equipment.
(a) - (e)
(No change.)
(f)
Sunscreening, reflective, and privacy window devices.
(1) - (5)
(No change.)
(6)
Medical exceptions.
(A)
Not withstanding the foregoing provisions of this subsection,
a motor vehicle operated by or regularly used to transport any person with
a medical condition which renders them susceptible to harm or injury from
exposure to sunlight or bright artificial light may be equipped, on all the
windows except the windshield, with sunscreening devices that reduces the
light transmittance to value of [
(B) - (C)
(No change.)
(7)
(No change.)
(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 3, 2005.
TRD-200500973
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-2135
Subchapter F. VEHICLE INSPECTION STATION OPERATION
37 TAC §23.73
The Texas Department of Public Safety proposes amendments
to §23.73, concerning Vehicle Inspection Fees. This section specifies
the fees inspection stations may charge vehicle operators for and in conjunction
with a vehicle inspection.
The primary reason for this proposal is the adoption by the Texas Commission
on Environmental Quality (TCEQ) of 30 TAC §§114.80 - 114.87, and
corresponding revisions to the Texas Inspection and Maintenance State Implementation
Plan (Texas I/M SIP), adopted on November 17, 2004, and published in the December
3, 2004, issue of the
Texas Register
(29 TexReg
11348). The corresponding rulemaking by the department is contained in proposed
amendments to 37 TAC §23.93 (relating to Vehicle Emissions Inspection
Requirements).
The significant amendment in this proposal is the adoption of the emissions
testing fee as adopted by TCEQ for the Austin area Early Action Compact (EAC)
I/M program for Travis and Williamson counties. Effective on September 1,
2005, in these counties, the fee for an emissions inspection is $16.00. Additional
amendments are proposed to clarify allowable practices relating to advertising
and the combination of services offered in conjunction with inspection services.
During previous rulemaking, as published in the March 25, 2002, issue of the
Oscar Ybarra, Chief of Finance, has determined that during the first five-year
period the proposed rule is in effect, this proposal, in itself, will not
have any significant fiscal implications. The proposal will result in the
enforcement of rules adopted by TCEQ. Mr. Ybarra has reviewed the analysis
of the fiscal impact of TCEQ's proposal as stated in the July 30, 2004 issue
of the
Texas Register
(29 TexReg 7259) pages
7263-7264. The department's proposal in itself will not add any additional
fiscal implications, but will result in the enforcement of the measures adopted
by the TCEQ. In summary, TCEQ found significant fiscal impacts to state and
local governments having vehicle fleets, no significant fiscal implications
for small and micro-businesses, and a public benefit of reducing pollutants
that contribute to ozone formation in Travis and Williamson counties at an
estimated total cost as much as $192.7 million for the first five-year period.
Mr. Ybarra concurs in the fiscal analysis made by TCEQ, with the sole exception
of governmental outsourcing of vehicle inspections. Outsourcing the inspection
of government vehicles will cost the retail price of $28.50, instead of $16.00
as projected by TCEQ. During the first year, the cost of outsourcing is estimated
to be $23,883($13,408), increasing to $73,786 in the second and full year
of testing and projected to increase to $80,627($45,272) in the fifth year
(numbers following in parenthesis are those stated by TCEQ). Over a five-year
period, the department estimates the inspection cost of government outsourcing
vehicle inspections is $332,567, not including repair cost estimates that
are not affected by this proposal. The fiscal impacts indicated in this proposal
are inclusive of and not cumulative to those identified in the 37 TAC §23.93
(relating to Vehicle Emissions Inspection Requirements) proposal.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspection and Emissions, Texas Department of Public Safety,
P.O. Box 4087, Austin, Texas 78773-0543; or by fax at (512) 424-2774. All
comments must be received no later than 30 days after publication in the
The amendments are proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §§548.301(b-1),
548.501, and 548.505, which authorizes the commission to establish a motor
vehicle emissions inspection and maintenance program for vehicles subject
to an early action compact, allows the department to collect advance payments
for certificates, and allows the department to establish a maximum emissions-related
inspection fee, respectively.
Texas Government Code, §411.004(3) and Texas Transportation Code, §§548.301(b-1),
548.501, and 548.505 are affected by this proposal.
§23.73.Inspection Fees.
(a)
The maximum inspection fees charged for all vehicles are
set by statute or administrative rule. All required inspection items shall
be examined with the inspection fees in accordance with the following schedule:
(1)
Safety inspection--$12.50.
(2)
Mopeds--$5.75.
(3)
New
passenger cars and light duty trucks
[
(4)
Emissions only inspection
.
[
(A)
El Paso County--$14.00.
In the event,
[
(B)
Counties with a motor vehicle emissions inspection
and maintenance program as specified in 30 TAC §114.50
[
(C)
Counties with a motor vehicle
emissions inspection and maintenance program as specified in 30 TAC §114.80--$16.00
(5)
Vehicles subject to safety and emissions [
(A)
El Paso County--$26.50.
In the event
[
(B)
Counties with a motor vehicle emissions inspection
and maintenance program as specified in 30 TAC §114.50
[
(C)
Counties with a motor vehicle
emissions inspection and maintenance program as specified in 30 TAC §114.80--$28.50.
(b)
The inspection fee is chargeable [
(1)
The inspection fee may be included in combination with
other services or products
not related to any item of inspection. Under
no circumstance shall an inspection station require purchase or payment for
these additional services or products as prerequisite in obtaining an inspection
of a vehicle
.
(2)
The inspection fee may be advertised in conjunction with
other products or services
not related to any item of inspection. All
advertisements of the inspection fee in conjunction or in combination with
non-related services or products must clearly state that the purchase of the
services or products are not required to obtain the required inspection at
the fee specified in this section
.
(3)
The inspection fee must be billed on work orders as a separate
item.
(4)
The fee, or any portion of the fee, may be waived
, or payment deferred,
provided advance payment for certificates
issued
has been made to the department
.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 3, 2005.
TRD-200500975
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-2135
37 TAC §23.80
The Texas Department of Public Safety proposes amendments
to §23.80, concerning Out-of-State Vehicle Identification Number Verification.
The purpose of this section is to provide procedures for the Vehicle Identification
Number (VIN) verification performed during the first-time state inspection
for out-of-state vehicles.
Texas Transportation Code, §548.256, as amended by Senate Bill 5,
Acts 2001, 77th Legislature, Regular Session, Chapter 967, §9, added
subsections (c) and (d) effective until August 31, 2008. The department previously
adopted amendments to §23.80, as published in the October 26, 2001, issue
of the
Texas Register
(26 TexReg 8547) to
effect these legislative changes. The amendments required inspection stations
to collect $225.00, retaining $5.00 to cover their administrative costs, for
the VIN verification as required by the statute. In a final judgment order
for case number 102585, dated June 6, 2002, the 200th District Court, Travis
County, held that §9, of Texas Senate Bill 5, as it amended Texas Transportation
Code, §548.256(c) and (d) was unconstitutional. The main purpose of this
rulemaking is to formalize the department's procedures in response to the
court order and clarify issues concerning the VIN verification procedure.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
to state or local governments.
Mr. Ybarra also has determined that for each year of the first five-years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be a clearer understanding of the costs associated with the
first-time inspection of a vehicle. There is no anticipated cost to individuals.
The cost of compliance for small businesses, large businesses, and micro-businesses
will be the same.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety,
P.O. Box 4087, Austin, Texas 78773-0543; or by fax at (512) 424-2774. All
comments must be received within 30 days after publication of the proposal
in the
Texas Register
and make reference to
"Proposed amendment to 37 TAC §23.80" in the subject line or in the beginning
of the text.
The amendments are proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; Texas Transportation Code, §548.002,
which allows the Department of Public Safety to adopt rules to administer
the compulsory inspection of vehicles; Texas Transportation Code, §548.256(a)
and (b), which provides that the department prescribe and provide the form
used for VIN verifications; and Texas Transportation Code, §548.501(a),
that sets the fee for the verification form.
Texas Government Code, §411.004(3) and Texas Transportation Code, §§548.002,
548.256 and 548.501 are affected by this proposal.
§23.80.Out-of-State Vehicle Identification Number Verification.
(a)
Purpose. The purpose of this rule is to
provide procedures
to effect the provisions of
[
[(b)
Duration. This rule is effective from
September 1, 2001 until August 30, 2008.]
(b)
[
(c)
[
(1)
The number appearing on the odometer of the vehicle at
the time of the inspection, if the vehicle has an odometer. In the event the
vehicle has no odometer, then "NONE" shall be recorded in the blank provided
on the form.
(2)
The model year of the vehicle inspected.
(3)
The make of the vehicle inspected.
(4)
The body style of the vehicle inspected.
(5)
If previously registered in another state, the state or
country in which the vehicle was last registered to include:
(A)
the year of the license where last licensed, and
(B)
the license number where last licensed, or
(C)
"NPR" (no previous registration).
[
(d)
[
[
[
[
[
[
[
[
[
(1)
[
(2)
[
(3)
[
(A)
[
(B)
[
(e)
[
(f)
[
(g)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 3, 2005.
TRD-200500974
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-2135
37 TAC §23.93
The Texas Department of Public Safety proposes amendments
to §23.93, concerning Vehicle Emissions Inspections Requirements. This
section defines commonly used terms, provides for control procedures, testing
waivers and extensions, prohibitions, recognition requirements for recognized
emissions repair technicians and recognized repair facilities, requirements
for certified emissions inspection stations and inspectors, audit authority,
and the adoption of department manuals for operation of certified emissions
inspection stations.
The primary reason for this proposal is the adoption by the Texas Commission
on Environmental Quality (TCEQ) of 30 TAC §§114.80 - 114.87, and
corresponding revisions to the Texas Inspection and Maintenance State Implementation
Plan (Texas I/M SIP), adopted on November 17, 2004, and published in the December
3, 2004, issue of the
Texas Register
(29 TexReg
11348).
The significant amendments expand the vehicle emissions inspection program
to Travis and Williamson counties as one of the measures of the Austin area
Early Action Compact (EAC) clean air action plan, approved by TCEQ, in accordance
with Senate Bill 1159, 78th Legislature, 2003. Effective September 1, 2005,
department certified inspection stations in the two counties must perform
on-board diagnostic (OBD) inspections and two-speed idle (TSI) inspections
on vehicles subject to emissions testing during the annual safety inspection.
In facilitating program operation, this proposal will require all inspection
stations in the two counties to obtain emissions testing equipment certified
by TCEQ. The department will also implement and administer programs for recognized
repair facilities and technicians specializing in emissions repair in the
two counties. The proposal includes amendments preparing for the conditional
suspension of the vehicle emissions inspection program in El Paso County in
the event it is designated as reaching attainment, minor textual corrections,
and reflects changes in statutes concerning registration.
Oscar Ybarra, Chief of Finance, has determined that during the first year
of the first five-year period the proposed section is in effect, there will
be significant fiscal implications to state or local governments as a result
of the enforcement of this section. This determination is based on an analysis
of the fiscal impact of the TCEQ's proposal as stated in the July 30, 2004,
issue of the
Texas Register
(29 TexReg 7259)
pages 7263-7264. The department's proposal in itself will not add any additional
fiscal implications, but will result in the enforcement of the measures adopted
by the TCEQ. In summary, approximately 41 government stations perform safety
inspections of their vehicle fleets. During the first year, one quarter of
an estimated government fleet of 2,514 vehicles will be inspected. This number
is estimated to increase to 2,829 vehicles in the fifth year, based on 3%
increase per annum. Governments continuing to perform inspections must purchase
the necessary test equipment and services. Continued in-house inspections
will necessitate obtaining an emissions analyzer with an estimated cost of
$15,000 per machine, for a first year initial cost of approximately $615,000.
Each analyzer must have a dedicated telephone line with an estimated annual
cost of $360 and data transmission costs of $0.78 for each emissions inspection.
Government outsourcing of inspection of vehicle fleets will result in fiscal
implications not fully captured in the TCEQ proposal. While inspection fees
are the subject of another rule proposal by the department, the fiscal impacts
of fees are more appropriately addressed here. Safety inspection certificates
cost stations, including government stations, $5.50 for all state collected
fees. With additional fees under the TCEQ rule, the safety and emissions certificate
costs stations $10.00. During annual vehicle inspection, the safety and emissions
inspections are performed sequentially as one inspection, with the exception
of commercial vehicles and vehicles submitted for on-road emissions testing
verification. Outsourcing inspection of government vehicles will cost the
retail price of $28.50, instead of $16.00 as projected by TCEQ. During the
first year, the cost of outsourcing is estimated to be $23,883($13,408), increasing
to $73,786 in the second and full year of testing and projected to increase
to $80,627($45,272) in the fifth year (numbers following in parenthesis are
those stated by TCEQ). Over a five-year period, the inspection cost of outsourcing
inspections is estimated to cost $332,567. This amount does not include repair
cost calculations, which were based on a 10% failure rate, and estimated repair
costs of $480 per each failing vehicle.
Mr. Ybarra has determined there will be no significant fiscal implications
to small and micro-businesses. He concurs with the TCEQ fiscal analysis in
this area. Small businesses owning subject vehicles are required, as are other
owners, to have the vehicle emissions tested annually and pay an additional
fee ($16.00) Those small businesses (approximately 300) engaged in the business
of state vehicle inspections must choose to make the same expenditures as
government inspections stations, but in return realize a revenue increase
of $11.50 per inspection.
Mr. Ybarra also has determined that for each year of the first five-year
period the section as proposed will be in effect, the public benefit anticipated
as a result of enforcing the rule will be compliance with measures contained
in the Austin area Early Action Compact (EAC) clean air action plan and the
costs for a five-year period are generally as estimated by TCEQ, or as much
as $192.7 million.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety,
P.O. Box 4087, Austin, Texas 78773-0543; or by fax at (512) 424-2774. All
comments must be received no later than 30 days after publication in the
The amendments are proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §548.301(b-1),
which authorizes the commission to adopt rules establishing a motor vehicle
emissions inspection and maintenance program for vehicles subject to an early
action compact.
Texas Government Code, §411.004(3) and Texas Transportation Code, §548.301(b-1)
are affected by this proposal.
§23.93.Vehicle Emissions Inspection Requirements.
(a)
General. [
(b)
Terms and/or Definitions. Unless specifically defined in
the Texas Clean Air Act (TCAA) or in the rules of the Texas Department of
Public Safety (DPS), the terms used by the DPS have the meanings commonly
ascribed to them in the fields of air pollution control and vehicle inspection.
In addition to the terms defined by the TCAA, the following words and terms,
when used in this section, shall have the following meanings, unless the context
clearly indicates otherwise.
(1)
Affected county--refers to any county with a motor vehicle
emissions inspection and maintenance program under Texas Transportation Code, §548.301
and Health and Safety Code,
§382.202 and §382.302
[
(2) - (8)
(No change.)
(9)
Exempt vehicles--refers to vehicles otherwise considered
"designated vehicles" that are:
(A)
exhibition vehicles, such as
antique vehicles,
as defined by Texas Transportation Code, §
504.502
[
(B) - (C)
(No change.)
(10) - (33)
(No change.)
(c)
Applicability. The requirements of this section and those
contained in the Revised Texas I/M SIP shall
apply
[
(d)
Control requirements.
(1)
In affected counties, in order to be certified by the department
as a vehicle inspection station, the vehicle inspection station must be certified
by the department to perform vehicle emissions testing. This provision does
not apply to vehicle inspection stations certified by the department as vehicle
inspection stations endorsed only to issue one or more of the following inspection
certificates: trailer certificates, motorcycle certificates, commercial
motor vehicle
windshield certificates,
or
commercial trailer
certificates.
(2)
In affected counties, only department certified inspection
stations [
(3)
An inspection station in a county not designated as an
affected county shall not inspect a designated vehicle unless the inspection
station is certified by the department to perform emissions testing, or unless
the motorist presenting the vehicle signs an affidavit on a form provided
by the department stating the vehicle is excepted from emissions testing.
The affidavit will be held by the inspection station for collection by the
department. Under the following exceptions, a vehicle registered in an affected
county may receive a safety inspection at an inspection station in a non-affected
county.
(A)
(No change.)
(B)
The vehicle no longer qualifies as a designated vehicle
because
it
[
(C)
(No change.)
(4) - (5)
(No change.)
(6)
Any vehicle not listed as an exempt vehicle that is capable
of being powered by gasoline, from two years old to and including 24 years
old, presented for the annual vehicle safety inspection in affected counties
will be presumed to be a designated vehicle and will be emissions tested as
a part of the annual vehicle safety inspection. Emissions testing will be
conducted as follows:
(A)
in all affected counties, except
Travis, Williamson,
and
El Paso
counties
[
(i) - (iii)
(No change.)
(B)
This subparagraph applies to
all designated vehicles in Travis and Williamson counties.
(i)
All 1996 model year and newer designated vehicles,
which are equipped with an On-board diagnostic system, will be emission tested
using approved OBD I/M test equipment.
(ii)
All 1995 model year and older designated vehicles
will be emissions tested using approved two-speed idle I/M test equipment
(TSI).
(iii)
As specified by the department, OBD vehicles
which can not be tested using the prescribed emission testing equipment will
be tested using the approved two-speed idle I/M test equipment (TSI).
(C)
[
(i)
All designated vehicles will be emissions tested using
approved two-speed idle I/M test equipment (TSI).
(ii)
In the event [
(I)
All 1996 model year and newer designated vehicles, which
are equipped with an On-board diagnostic system, will be emission tested using
approved OBD I/M test equipment.
(II)
All 1995 model year and older designated vehicles will
be emissions tested using approved two-speed idle I/M test equipment (TSI).
(III)
OBD vehicles which can not be tested using the prescribed
emission testing equipment will be tested using the approved two-speed idle
I/M test equipment (TSI).
(iii)
In the event, the Texas Commission on
Environmental Quality publishes notification in the
Texas Register
suspending I/M measures in El Paso County, the related
requirements of this rule applicable to that county shall be suspended.
(7)
Vehicles registered in affected counties will be identified
by a distinguishing validation registration sticker or a registration sticker
imprinted with the name of the [
(8) - (16)
(No change.)
(17)
Emissions testing of vehicles requiring vehicle identification
insignias issued by public institutes of higher learning. Effective January
1, 2002 as per §51.207 of the Texas Education Code, public institutions
of higher learning located in affected counties
may
[
(A) - (B)
(No change.)
(e)
Waivers and extensions. Under this section, the department
may issue an emissions testing waiver or time extension to any vehicle that
passes all requirements of the standard safety inspection portion of the annual
vehicle safety inspection and meets the established criteria for a particular
waiver or time extension. An emissions testing waiver or a time extension
defers the need for full compliance with vehicle emissions standards of the
vehicle emissions I/M program for a specified period of time after a vehicle
fails an emissions test. The department will accept applications for emissions
testing waivers and time extensions. There are four types of emissions testing
waivers and time extensions: Low Mileage Waiver; Individual Vehicle Waiver;
Parts Availability Time Extension; and Low-Income Time Extension. The motorist
may apply once each testing cycle for the Low Mileage Waiver, Individual Vehicle
Waiver, and Parts Availability Time Extension. The motorist may apply every
other testing cycle for the Low-Income Time Extension.
(1)
(No change.)
(2)
Low-Income Time Extension. A Low-Income Time Extension
may be granted in accordance with the following conditions:
(A)
The applicant must supply to the department proof in writing
that:
(i) - (iii)
(No change.)
(iv)
the applicant receives financial assistance from the
Texas Health and Human Services Commission or the Department of Aging and
Disability Services
[
(B)
(No change.)
(3)
(No change.)
(4)
Individual Vehicle Waiver.
(A)
Eligibility. If a vehicle has failed an emissions test
required by the vehicle emissions I/M program, a motorist may petition the
designated representative of the department for an Individual Vehicle Waiver
in order for the vehicle to receive a state inspection certificate. The motorist
must demonstrate that all reasonable measures (diagnostics, repairs, replacement
parts, etc.) have been taken to bring the vehicle into compliance with the
program, but have failed. The department will review the measures taken by
the motorist to insure that they have been performed, further measures would
be economically unfeasible during this inspection cycle, and a waiver will
result in a minimal impact on air quality. A vehicle may be eligible for
an
[
(i)
(No change.)
(ii)
the motorist has incurred qualified emissions-related
repairs, as defined by
subsection
[
(B) - (D)
(No change.)
(f) - (h)
(No change.)
(i)
Requirements for Recognized Emissions Repair Facilities
of Texas.
(1)
In order to be recognized by the department as a Recognized
Emissions Repair Facility of Texas, the facility must:
(A)
(No change.)
(B)
possess equipment to perform the functionality of the following
items:
(i) - (v)
(No change.)
(vi)
five gas exhaust analyzer (which can perform diagnostic
repair for at least hydrocarbon (HC), carbon monoxide (CO), carbon dioxide
(CO2), and oxides of nitrogen (NOX)
, except for those in Travis, Williamson,
and El Paso counties which require a four gas exhaust analyzer (which can
perform diagnostic repair for at least hydrocarbon (HC), carbon monoxide (CO),
and carbon dioxide (CO2)
;
(vii) - (xv)
(No change.)
(2) - (3)
(No change.)
(j)
Certified emissions inspection station requirements.
(1)
In order to be certified by the department as an emissions
inspection station, for purposes of the emissions I/M program, the station
must:
(A) - (F)
(No change.)
(G)
All public certified emissions inspection stations in affected
counties, excluding
Travis, Williamson, and
El Paso
counties
[
(2)
(No change.)
(k) - (n)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 3, 2005.
TRD-200500976
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-2135
Subchapter A. REVIEW OF PERSONAL CRIMINAL HISTORY RECORD
37 TAC §27.1
The Texas Department of Public Safety proposes an amendment
to §27.1, concerning Right of Review. Amendment to the section is necessary
in order to set out the new location in Austin where an individual may personally
appear to request the individual's criminal history record.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be notice to the public of the location where an individual
may appear to request criminal history record information relating to oneself.
There is no anticipated adverse economic effect on individuals, small businesses,
or micro-businesses.
Comments on the proposal may be submitted to Jeffrey Carothers, Crime Records
Service Staff Attorney, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0230, (512) 424-5835.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; Texas Government Code, §411.086,
which requires the Texas Department of Public Safety to adopt rules that provide
for a uniform method of requesting criminal history record information from
the department; and Texas Government Code, §411.083(b)(3), which requires
the Texas Department of Public Safety to grant access to criminal history
record information to the person who is the subject of the information.
Texas Government Code, §§411.004(3), 411.086 and 411.083(b)(3)
are affected by this proposal.
§27.1.Right of Review.
(a)
(No change.)
(b)
A person may personally appear at the department's headquarters
in Austin during normal business hours and request the person's criminal history
record information as follows:
(1)
The person must submit a signed, written request to the
Assistant Chief of Administration, Crime Records Service, or his/her designee[
(2) - (3)
(No change.)
(4)
Upon receipt of a request described by this subsection
and the required fee, the department will conduct a fingerprint based search
of the Texas Computerized Criminal History Database. If criminal history record
information relating to the person is located, the department will provide
the person with a printout of the information. If criminal history record
information relating to the person is not located, a notation of such fact
will be made on the fingerprint card and the fingerprint card will be returned
to the person. The department will provide the person with the results of
the search at
Texas Department of Public Safety, Criminal History and
Fingerprint Services, 108 Denson Drive, Austin, Texas 78752
[
(c) - (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 March 3, 2005.
TRD-200500971
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-2135
Chapter 95.
YOUTH DISCIPLINE
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.3
The Texas Youth Commission (the commission) proposes an amendment
to §95.3, concerning Rules of Conduct. The amendment to the section will
allow possession of lighters or matches in a residential placement to be considered
as a weapon and be determined as a Category I rule violation.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amended section.
Neil Nichols, General Counsel, has determined that for each year of the
first five years the amendment is in effect the public benefit anticipated
as a result of enforcing the amended section will enable the commission to
provide a safe environment for youth and staff. There will be no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the amendment as proposed. No private real property
rights are affected by adoption of this amendment.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or e-mail
to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its function.
The proposed amendment implements the Human Resources Code, §61.034.
§95.3.Rules of Conduct.
(a) - (e)
(No change.)
(f)
Category I Rule Violations. A
Category I
[
(1) - (12)
(No change.)
(13)
Possession of a Weapon--youth is found to be in possession
of a weapon or item(s) which [
(14) - (27)
(No change.)
(g) - (h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 3, 2005.
TRD-200500962
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-6301
Subchapter A. SECURITY AND CONTROL
37 TAC §97.10
The Texas Youth Commission (the commission) proposes an amendment
to §97.10, concerning Entry Searches. The amendment to the section will
prohibit metal containers from entering in to the commission's secure facilities.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Neil Nichols, General Counsel, has determined that for each year of the
first five years the section is in effect the public benefit anticipated as
a result of enforcing the section will increase the security on maximum security
facilities. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
No private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email
to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its function.
The proposed rule implements the Human Resources Code, §61.034.
§97.10.Entry Searches.
(a) - (i)
(No change.)
(j)
The following items are prohibited in secure facilities
except with specific permission from the facility administrator:
(1) - (6)
(No change.)
(7)
Metal containers;
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(k) - (o)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 1, 2005.
TRD-200500931
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-6301
Chapter 343.
STANDARDS FOR SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES
Subchapter B. PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS
37 TAC §343.15
The Texas Juvenile Probation Commission proposes an amendment
to §343.15, concerning the employment of certified detention officers.
The amendment is being proposed in an effort to alleviate problems associated
with employing certified officers who have been convicted of a Class B misdemeanor.
Lisa Capers, Deputy Executive Director and General Counsel, has determined
that for the first five year period the amendment is in effect, there will
be no fiscal implications for state or local government or small businesses
as a result of enforcement or implementation.
Ms. Capers has also determined that for each year of the first five years
the amendment is in effect, the public benefit expected as a result of enforcement
or implementation will be to allow more flexibility in the consideration of
prior criminal history information in the certification decision. There will
be no impact on small businesses or individuals as a result of the amendment.
Public comments on the proposed amendment may be submitted to Kristy M.
Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin,
Texas 78711-3547.
The amendment is proposed under Texas Human Resources Code §141.042,
which provides the Texas Juvenile Probation Commission with the authority
to adopt reasonable rules that provide minimum standards for juvenile boards
and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by the amendment.
§343.15.Employment of Certified Juvenile Detention Officers.
(a) - (b)
(No change.)
(c)
Disqualification from Employment.
(1)
Criminal History. A person with the following criminal
history shall be disqualified from employment as a certified juvenile detention
officer, supervisor of juvenile detention officers, or facility administrator:
(A) - (G)
(No change.)
(H)
Waiver/Variance. A waiver or variance under §349.2
of this title may not be requested for this section
for any Class A misdemeanor
or felony
unless the person received a pardon based upon proof of innocence
or the reversal of a finding of guilt by a trial or appellate court.
(2)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 3, 2005.
TRD-200500968
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-6710
Subchapter C. CERTIFICATION AND RECERTIFICATION
37 TAC §349.7, §349.10
The Texas Juvenile Probation Commission proposes amendments
to §349.7 and §349.10, concerning the employment certification and
recertification eligibility. The amendments are being proposed in an effort
to alleviate problems associated with employing certified officers who have
been convicted of a Class B misdemeanor.
Lisa Capers, Deputy Executive Director and General Counsel, has determined
that for the first five year period the amendments are in effect, there will
be no fiscal implications for state or local government or small businesses
as a result of enforcement or implementation.
Ms. Capers has also determined that for each year of the first five years
the amendments are in effect, the public benefit expected as a result of enforcement
or implementation will be to allow more flexibility in the consideration of
prior criminal history information in the certification decision. There will
be no impact on small business or individuals as a result of the amendments.
Public comments on the proposed amendments may be submitted to Kristy M.
Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin,
Texas 78711-3547.
The amendments are proposed under Texas Human Resources Code §141.042,
which provides the Texas Juvenile Probation Commission with the authority
to adopt reasonable rules that provide minimum standards for juvenile boards
and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by these amendments.
§349.7.Certification Eligibility.
(a)
Basic Eligibility Requirements.
(1)
(No change.)
(2)
A request for waiver
or variance
may not be
requested for any disqualifying criminal history under paragraph
(
1
)
(B) of this subsection
involving a Class A misdemeanor or felony
unless the person received a pardon based upon proof of innocence or
the reversal of a finding of guilt by either the trial or an appellate court.
(b) - (c)
(No change.)
§349.10.Recertification Eligibility.
(a)
Basic Eligibility Requirements.
(1)
(No change.)
(2)
A request for waiver
or variance
may not be
requested for any disqualifying criminal history under
paragraph
[
(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 March 3, 2005.
TRD-200500969
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-6710
Subchapter C. SHORT-TERM JUVENILE DETENTION OFFICERS
37 TAC §351.30
The Texas Juvenile Probation Commission proposes an amendment
to §351.30, concerning the employment of short-term juvenile detention
officers. The amendment is being proposed in an effort to alleviate problems
associated with employing certified officers who have been convicted of a
Class B misdemeanor.
Lisa Capers, Deputy Executive Director and General Counsel, has determined
that for the first five year period the amendment is in effect, there will
be no fiscal implications for state or local government or small businesses
as a result of enforcement or implementation.
Ms. Capers has also determined that for each year of the first five years
the amendment is in effect, the public benefit expected as a result of enforcement
or implementation will be to allow more flexibility in the consideration of
prior criminal history information in the certification decision. There will
be no impact on small business or individuals as a result of the amendment.
Public comments on the proposed amendment may be submitted to Kristy M.
Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin,
Texas 78711-3547.
The amendment is proposed under Texas Human Resources Code §141.042,
which provides the Texas Juvenile Probation Commission with the authority
to adopt reasonable rules that provide minimum standards for juvenile boards
and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by the amendment.
§351.30.Employment of Short-Term Juvenile Detention Officers.
(a) - (b)
(No change.)
(c)
Disqualification from Employment.
(1)
Criminal History. A person with the following criminal
history shall be disqualified from employment as a short-term juvenile detention
officer, supervisor of juvenile detention officers, or administrative officer.
(A) - (G)
(No change.)
(H)
Waiver
/Variance
. A request for waiver
or variance
under §349.2 of this title may not be requested for
any Class A misdemeanor or felony under
this section unless the person
received a pardon based upon proof of innocence or the reversal of a finding
of guilt by a trial or appellate court.
(2)
(No change.)
(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 March 3, 2005.
TRD-200500970
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 424-6710
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.7
(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 Texas Commission on Fire Protection (TCFP) proposes
the repeal of §421.7, concerning recognition of previous volunteer training,
in Chapter 421, entitled Standards for Certification. The purpose of the proposed
repeal is to delete an obsolete rule addressing a situation that no longer
exists.
In 1997, a statutory change conformed the volunteer fire fighter program
to be consistent with the paid fire fighter program. The repealed rule relates
to training obtained prior to 1992 under the previous volunteer program. This
rule is no longer applicable and should be deleted.
Mr. Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
repeal 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 repeal is in effect, the public benefit anticipated as a result
of enforcing the repeal will be greater clarity of the commission’s
rules regarding previous volunteer training and simplification of the rules
by deleting obsolete provisions. There are no additional costs of compliance
for small or large businesses or individuals that are required to comply with
the proposed repeal.
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 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; 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 and §419.029, are affected by
this rulemaking.
§421.7.Recognition of Previous Volunteer Training.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 7, 2005.
TRD-200501009
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §423.203 and §423.303, concerning minimum standards for basic
aircraft rescue fire fighting personnel certification and basic marine fire
protection personnel certification, in Chapter 423, entitled Fire Suppression.
The purpose of the proposed amendments is to delete obsolete and redundant
language referencing hours of instruction requirements for out-of-state or
military training programs submitted to the commission to determine equivalency
for certification.
The amendments are proposed in conjunction with amendments to Chapters
421, 427, 429, 431, 433, 439, and 453 of this title, which are proposed concurrently
in this issue of the
Texas Register
. These
amendments remove the references to required hours of instruction in the text
of the affected rules. The intent of this change is to move towards an emphasis
on competency-based outcomes, measured by physical skills evaluation and written
testing, rather than reliance on a specific number of hours of instruction,
to assure student competency at the completion of fire fighter training. Upon
adoption of these rules, equivalency of hours will no longer be relevant as
a specified number of hours will no longer be required.
The TCFP has determined these amendments to be 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 amendments will be greater clarity and consistency
in the process for measuring results of fire fighter training in the state,
thereby assuring better-trained fire protection personnel. There are no additional
costs of compliance for small or large businesses or individuals that are
required to comply with the proposed 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 these proposals in the
Texas Register
.
Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL
37 TAC §423.203
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.
§423.203.Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification.
(a)
(No change.)
[
(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 March 7, 2005.
TRD-200501010
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
37 TAC §423.303
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.
§423.303.Minimum Standards For Basic Marine Fire Protection Personnel Certification.
[
(a)
[
(1)
hold basic structure fire protection personnel certification;
(2)
complete a training program specific to marine fire protection
consisting of one of the following:
(A)
complete the commission approved Basic Marine Fire Protection
Curriculum as specified in Chapter 3, 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. The commission approved
marine fire protection curriculum must be taught by a training facility that
has been certified by the commission as provided in Chapter 427 of this title
(relating to Training Facility Certification); or
(B)
an out-of-state training program that has been submitted
to the commission for evaluation and found to be equivalent to or exceed the
commission approved Basic Marine Fire Protection Curriculum; or
(C)
a military training program that has been submitted to
the commission for evaluation and found to be equivalent to the commission
approved Basic Marine Fire Protection Curriculum.
(3)
successfully pass the commission examination as specified
in Chapter 439 of this title (relating to Examinations for Certification)
prior to assignment.
[
(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 March 7, 2005.
TRD-200501011
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 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 Instructor, 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 new §§425.1, 425.3,
425.5, 425.7, 425.9, 425.11, and 425.12, 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 Associate Instructor, and International Fire Service Accreditation
Congress (IFSAC) seals for fire service instructors. 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 requirement of completion of an approved "Methods of Teaching" course
has been replaced in the new chapter with a requirement of completion of the
curriculums for Fire Service Instructor I and II, with the exception of those
individuals with degrees in education.
The 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 NFPA 1041. Upon adoption current instructors certificates
will have existing certificates renewed at the appropriate new certification
level.
New §425.1, Minimum Standards for Fire Service Instructor, provides
guidelines regarding the effective date of the rule, standards for equivalency
determinations regarding training, and requirements related to education,
training, certifications held, and requirements for continuing education.
New §425.3, Minimum Standards for Fire Service Instructor I Certification,
provides requirements regarding experience, education, and testing for Instructor
I certification.
New §425.5, Minimum Standards for Fire Service Instructor II Certification,
provides requirements regarding prior certifications held, and education and
testing for Instructor II certification.
New §425.7, Minimum Standards for Fire Service Instructor III certification,
provides requirements regarding prior certifications held, education, and
testing for Instructor III certification.
New §425.9, Minimum Standards for Master Fire Service Instructor III
Certification, provides requirements regarding prior certifications held,
and experience for Master Fire Service Instructor III certification.
New §425.11, Minimum Standards for Associate Instructor Certification,
provides limitations and requirements on issuance of the Associate Instructor
certification.
New §425.12, International Fire Service Accreditation Congress Seal,
provides the requirements and limitations on issuance and use of the seal.
The TCFP has determined these amendments to be 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
repeals 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 repeals and new rules are in effect, the public benefit anticipated
as a result of enforcing the repeals 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 repeals 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. Comments must be received
within 30 days of publication of these proposals 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 repeals 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.
§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 March 7, 2005.
TRD-200501012
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 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 repeals 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.
§425.201.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 March 7, 2005.
TRD-200501013
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 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 March 7, 2005.
TRD-200501014
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 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 March 7, 2005.
TRD-200501015
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
37 TAC §§425.1, 425.3, 425.5, 425.7, 425.9, 425.11, 425.12
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 03/01/2006.
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, except for associate instructors.
(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, except for associate instructors.
(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)
A bachelors degree or higher in education or a teaching
certificate is considered 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 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 (relating to Continuing Education for Fire Service
Instructors).
§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 experience 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 (relating to Examinations for Certification).
(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.
In order to become certified as a fire service instructor II, an individual
must:
(1)
hold Instructor I certification, complete 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
(2)
successfully pass the applicable commission examination
as specified in Chapter 439 of this title (relating to Examinations for Certification).
§425.7.Minimum Standards for Fire Service Instructor III Certification.
In order to become certified as a fire service instructor III an individual
must:
(1)
hold Instructor II certification, complete 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
(2)
successfully pass the applicable commission examination
as specified in Chapter 439 of this title (relating to Examinations for Certification).
§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;
(2)
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; and
(3)
be a member of a paid, volunteer, or regulated non-governmental
fire department.
§425.11.Minimum Standards for Associate Instructor Certification.
(a)
The Associate Instructor certificate is designed for an
individual that is not:
(1)
fire protection personnel; or
(2)
volunteer fire protection personnel; or
(3)
an employee of a state agency, an educational institution
or a political subdivision providing fire protection training.
(b)
In order to be certified as an Associate Instructor an
individual must have successfully completed the appropriate curriculum for
Fire Service Instructor I and II contained in Chapter 8 of the commission’s
Certification Curriculum Manual, with the following exception: a bachelors
degree or higher in education or a teaching certificate is considered equivalent
to the commission’s curriculum requirements for instructor II training.
§425.12.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 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 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 may be granted an IFSAC seal for Instructor
III by making application to the commission and paying the applicable fee.
(d)
Individuals completing a commission-approved Fire Service
Instructor I training program, and passing the applicable state examination
may be granted an IFSAC seal for Instructor I by making application to the
commission and paying the applicable fee.
(e)
Individuals holding an IFSAC Instructor I certification,
completing a commission-approved Fire Service Instructor II training program,
and passing the applicable state examination may be granted an IFSAC seal
for Instructor II by making application to the commission and paying the applicable
fee.
(f)
Individuals holding an IFSAC Instructor II certification,
completing a commission-approved Fire Service Instructor III training program,
and passing the applicable state examination 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 March 7, 2005.
TRD-200501016
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §§427.1, 427.3, 427.5, 427.9, 427.11, 427.15, 427.17, 427.19,
427.201, 427.203, 427.205, 427.207, and 427.209, and new §427.18, concerning
requirements for on-site training providers, including a new rule regarding
live fire training evolutions, and requirements for distance training providers,
in Chapter 427, entitled Certified Training Providers. The purpose of the
proposed amendments and new rule is to align TCFP rules with National Fire
Protection Association Standard 1403 regarding requirements for certified
training facilities conducting fire protection personnel training in the state.
The proposed amendment to §427.1, Minimum Standards for Certified
Training Facilities for Fire Protection Personnel: adds requirements that
facilities include standard operating procedures and qualified instructors;
requires that letters of commitment be maintained on-site and be available
for review; provides that approved courses are subject to audit; requires
reporting of deviations from approved course schedule or content; and places
additional duties upon the academy coordinator. The proposed amendment to §427.3,
Facilities: provides grammatical changes; adds requirements for an effective
learning environment; and deletes references to other provisions and standards.
The proposed amendment to §427.5, Apparatus, adds the words "certification
training" for clarification, and adds a requirement for facilities approved
for hazardous materials technician certification training. The proposed amendment
to §427.9, Equipment, adds requirements for use of self-contained breathing
apparatus. The proposed amendment to §427.11, Reference Material, requires
that the reference library be readily and easily accessible to students and
instructors. The proposed amendment to §427.15, Testing Procedures, changes
"subchapter" to "title" to reflect the proper citation, changes "required"
to "recommended" with regard to hours of training, and requires that a passing
score of 70% must be achieved on the comprehensive final. The proposed amendment
to §427.17, Staff, clarifies that the requirements in subsection (f)
apply to coordinators or instructors who do not meet the requirements of subsections
(b) or (d).
New §427.18, Live Fire Training Evolutions, provides requirements
for all live fire training evolutions conducted during basic certification
training of fire protection personnel.
The proposed amendment to §427.19, General Information, clarifies
what changes in status require notification, and provides that a certification
of a training facility may be revoked, suspended, or probated if the facility
fails to meet at least a 70% student pass rate on the state certification
exam per course.
The proposed amendment to §427.201, Minimum Standards for Distance
Training Provider: requires that distance training (internet or intranet)
include some level of interactivity; requires that approved courses are subject
to audit; requires reporting of deviations from approved course schedule or
content; places additional duties upon the academy coordinator; and provides
that distance training facilities comply with Subchapter A of this chapter.
The proposed amendment to §427.203, Records, is a clerical correction.
The proposed amendment to §427.205, Testing Procedures, changes "required"
to "recommended" with regard to hours of training, and requires that a passing
score of 70% must be achieved on the comprehensive final. The proposed amendment
to §427.207, Staff, clarifies that the requirements in subsection (f)
apply to coordinators or instructors who do not meet the requirements of subsections
(b) or (d). The proposed amendment to §427.209, General Information,
provides that a certification of a training facility may be revoked, suspended,
or probated if the facility fails to meet at least a 70% student pass rate
on the state certification exam per course.
The TCFP has determined these amendments to be 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 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 amendments and new rule are in effect, the public benefit anticipated
as a result of enforcing the amendments and new rule will be a safer environment
during live fire training exercises offered by certified training providers
in the state (both on-site and distance training providers) and a more clear
submittal and approval process for approved certification training. 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 rule.
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 these proposals in the
Texas Register
.
Subchapter A. ON-SITE CERTIFIED TRAINING PROVIDER
37 TAC §§427.1, 427.3, 427.5, 427.9, 427.11, 427.15, 427.17 - 427.19
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; Texas Government Code, §4190.022,
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.
§427.1.Minimum Standards for [
(a) - (b)
(No change.)
(c)
Minimum requirements for certification as a certified on-site
training facility shall include facilities, apparatus, equipment, reference
materials,
standard operating procedures, qualified instructors,
and
records to support a quality education and training program. The resources
must provide for classroom instruction, demonstrations, and practical exercises
for the trainees to develop the knowledge and skills required for fire protection
personnel certification.
(d) - (e)
(No change.)
(f)
An organization, installation, or facility must submit
a written application for certification as a certified on-site training facility
to the commission. Such application will include descriptions and addresses
of physical facilities together with inventory of apparatus, equipment, and
reference material to be utilized in conducting the basic curriculum as specified
by the commission. It is not required that the equipment be owned by, permanently
assigned to, nor kept at a training facility, but must be readily available
for instructional purposes. A training facility must submit a letter of commitment
with the original training facility certification application authorizing
the use of resources not controlled by the training facility from the provider
of said resources.
A copy of the letters of commitment must be maintained
on-site and be available for review.
Photographs of resources annotated
to reflect their identity must be included with the application. When seeking
training
[
(g)
All training
for certification
must be submitted
to the commission for approval at least 20 days prior to the proposed starting
date of the training.
Approved courses are subject to audit by commission
staff any time during the approved schedule. Any deviation in the approved
course schedule or content must be reported to the commission within 24 hours
of the deviation. The academy coordinator will:
(1)
attest to the fact that the
training meets the competencies in the applicable Commission Curriculum and/or
NFPA Standards;
(2)
submit a testing schedule for
all required academy skills; and
(3)
notify the Commission of any
changes in instructor staff and/or field examiners.
(h)
(No change.)
§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)
A training tower equivalent to two or more stories in height.
The term "training tower" as used in these standards is a structure suitable
for training in the practical application of
required ladder, rescue,
hose and rope skills training
[
(2)
A facility for classroom instruction
and testing
shall
have seating capacity for anticipated trainees
. The facility must be
conducive for an effective learning environment
including environmental
comfort for instructors and students, physical requirements needed for good
seeing and hearing, adequate lighting, and free of outside distractions
.
(3)
An area
[
(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.
[
[
[
[
(6) - (7)
(No change.)
§427.5.Apparatus.
(a)
Certified on-site training facility--approved for basic
structural fire protection personnel
certification training
.
(1) - (2)
(No change.)
(b)
Certified on-site training facility--approved for basic
aircraft rescue fire fighting personnel
certification training
.
Fire apparatus that is equipped to perform aircraft operations as required
by the basic aircraft fire protection curriculum must be readily available
for use by the instructors for instructional purposes.
(c)
Certified on-site training facility--approved for Driver/Operator-Pumper
certification training
. A piece of fire apparatus with a permanently
mounted fire pump that has a rated discharge capacity of 750 gpm (2850 L/min)
or greater as defined in NFPA 1901, Standard for Automotive Fire Apparatus.
(d)
Certified on-site training
facility approved for hazardous materials technician certification training
must have access to props and/or simulators, protective suits and monitoring
equipment required for skills training and testing.
§427.9.Equipment.
The following minimum equipment, applicable to the curricula the training
facility is certified to teach, is required for certification as a certified
on-site
[
(1)
If instruction in the use of self-contained breathing apparatus
is a part of the curriculum being taught, then self-contained breathing apparatus
in sufficient numbers shall be provided to enable each trainee to wear the
equipment for at least the life of one breathing air tank during the training.
If during the course of the training, a trainee will be subjected to a hazardous
atmosphere or where the atmosphere is unknown, the trainee shall be provided
with a self-contained breathing apparatus. (Note: All self-contained breathing
apparatus used by a certified training facility and the air used in
self-contained breathing apparatus
[
(A)
in any atmosphere that is oxygen
deficient or contaminated by products of combustion, or both;
(B)
in any atmosphere that is suspected
of being oxygen deficient or contaminated by products of combustion, or both;
(C)
in any atmosphere that can
become oxygen deficient or contaminated, or both; and/or
(D)
below ground level;
(2) - (3)
(No change.)
§427.11.Reference Material.
A reference library is required. The library must contain the publications
required to conduct research and develop lesson plans covering the material
required in the applicable curriculum.
The reference library material
must be readily and easily accessible to students and instructors.
§427.15.Testing Procedures.
(a) - (b)
(No change.)
(c)
If performance skills are part of the applicable curriculum,
performance testing shall be done and records kept in accordance with §427.13
of this
title
[
(d)
(No change.)
(e)
Periodic written tests shall be administered at the ratio
of one test per 50 hours of
recommended
[
(f)
(No change.)
§427.17.Staff.
(a) - (e)
(No change.)
(f)
The on-site coordinator or lead instructor for the fire
officer training courses only
, who do not meet the requirements of subsection
(b) or (d) of this section
shall as a minimum, possess an associate
instructor certification and a minimum of a bachelor’s degree in management
or
its
[
§427.18.Live Fire Training Evolutions.
The most current edition of NFPA 1403, Standard on Live Fire Training
Evolutions, shall be used as a guide when developing standard operating procedures
for conducting live fire training. The following requirements shall apply
for all live fire training evolutions conducted during basic certification
training of fire protection personnel.
(1)
Prior to being permitted to participate in live fire training
evolutions, the student shall have received training to meet the performance
requirements for Fire Fighting I in NFPA 1001, Standard for Fire Fighter Professional
Qualifications, related to the following subjects:
(A)
Safety;
(B)
Fire behavior;
(C)
Portable extinguishers;
(D)
Personal protective equipment;
(E)
Ladders;
(F)
Fire hose, appliances, and streams;
(G)
Overhaul;
(H)
Water supply;
(I)
Ventilation; and
(J)
Forcible entry.
(2)
The on-site lead instructor will insure that the water
supply rate and duration for each individual live fire training evolution
is adequate to control and extinguishment of the training fire, the supply
necessary for backup lines to protect personnel, and any water needed to protect
exposed property.
(3)
The on-site lead instructor will insure that the buildings
or props being utilized for live fire training are in a condition that would
not pose an undue safety risk.
(4)
A safety officer shall be appointed for all live fire training
evolutions. The safety officer shall have the authority, regardless of rank,
to intervene and control any aspect of the operations when, in his or her
judgment, a potential or actual danger, accident, or unsafe condition exists.
The safety officer shall not be assigned other duties that interfere with
safety responsibilities. The safety officer shall not be a student.
(5)
No person(s) shall play the role of a victim inside the
building.
(6)
The participating student-to-instructor ratio shall not
be greater than five to one.
(7)
Prior to the ignition of any fire, instructors shall insure
that all personal protective clothing and/or self-contained breathing apparatus
are NFPA compliant and being worn in the proper manner.
(8)
Prior to conducting any live fire training a pre-burn briefing
session shall be conducted. All participants shall be required to conduct
a walk-through of the structure in order to have a knowledge of and familiarity
with the layout of the building and to be able to facilitate any necessary
evacuation of the building.
(9)
A standard operating procedure shall be developed and utilized
for live fire training evolutions. The standard operating procedure shall
include but not be limited to:
(A)
a Personal Alert Safety System (PASS). A PASS device 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). This applies whether the PASS device is provided by the academy
or the trainee;
(B)
a Personnel Accountability System that complies with §435.13
of this title shall be utilized;
(C)
an Incident Management System;
(D)
use of personal protective clothing and self-contained
breathing apparatus;
(E)
an evacuation signal and procedure; and
(F)
pre-burn, burn and post-burn procedures.
§427.19.General Information.
(a) - (e)
(No change.)
(f)
The commission shall be notified, in writing, within 14
days of any change
from the original status under which the certification
was issued
[
(g)
The commission may revoke, suspend, and/or probate the
certification of a training facility when the commission determines that the
training facility:
(1)
Fails to provide the quality of training for which the
facility was approved;
or
(2)
(No change.)
(3)
Fails to submit required reports in a timely manner or
submits false reports to the commission;
or
[
(4)
Fails to meet at least a 70
percent student pass rate on the state certification examination per course.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 7, 2005.
TRD-200501017
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
37 TAC §§427.201, 427.203, 427.205, 427.207, 427.209
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, §419.029, which
provides the TCFP with the authority to establish minimum curriculum requirements
for training facilities.
Cross reference to statute: Texas Government Code, §419.008 and §419.029.
§427.201.Minimum Standards for Distance Training Provider.
(a)
The following definition is applicable to this subchapter
only. Approved distance training is defined as fire training where instructors
and students are
primarily
in different locations
and
[
(b) - (c)
(No change.)
(d)
All training
for certification
must be submitted
to the commission for approval at least 20 days prior to the proposed starting
date of the training.
Approved courses are subject to audit by commission
staff any time during the approved schedule. Any deviation in the approved
course schedule or content must be reported to the commission within 24 hours
of the deviation. The academy coordinator will:
(1)
attest to the fact that the
training meets the competencies in the applicable Commission Curriculum and/or
NFPA Standards;
(2)
submit a testing schedule for
all required academy skills periodic or final for Structure, Hazardous Materials,
Driver/Operator-Pumper, and Aircraft Rescue Fire Protection; and
(3)
notify the Commission of any
changes in instructor staff and/or field examiners.
(e)
A distance training provider
that applies for certification as a training facility in a discipline that
includes skills training shall comply with Subchapter A of this chapter concerning
minimum standards, facilities, apparatus, protective clothing, equipment,
and live fire training utilized to teach and test the required skills.
(f)
[
§427.203.Records.
(a)
Training records shall be maintained by the distance training
provider that reflect:
(1)
Who was trained, subject, instructor, and date of instruction.
(Note: Individual records are required rather than class records); [
(2)
Individual trainee test scores to include performance testing
; and
[
(3)
(No change.)
(b) - (c)
(No change.)
§427.205.Testing Procedures.
(a) - (d)
(No change.)
(e)
Periodic written tests shall be administered at the ratio
of one test per 50 hours of
recommended
[
(f)
(No change.)
§427.207.Staff.
(a) - (e)
(No change.)
(f)
The distance training coordinator or lead instructor for
fire officer training courses only,
who do not meet the requirements
of subsection (b) or (d) of this section
shall as a minimum, possess
an associate instructor certification and a minimum of a bachelors degree
in management or
its
equivalent.
§427.209.General Information.
(a) - (e)
(No change.)
(f)
The commission may revoke, suspend, and/or probate the
certification of training when the commission determines that the distance
training provider:
(1)
Fails to provide the quality of training and education
for which the provider was approved;
or
(2)
(No change.)
(3)
Fails to submit required reports in a timely manner or
submits false reports to the commission;
or
[
(4)
Fails to meet at least a 70
percent student pass rate on the state certification examination per course.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 7, 2005.
TRD-200501018
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 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 reflect the move on the part of the TCFP
from requirements of specific hours of instruction to competency-based outcomes,
and to clarify course requirements.
The proposed amendments to §429.3 and §429.203 delete obsolete
language referencing hours of instruction requirements for training programs;
and the proposed amendment to §429.3 changes the training program requirement
beyond the basic course and Fire Inspection Principles I from any combination
of five courses (specifically - Fire Prevention Specialist II; Plans Review
for Inspectors; Code Management: A Systems Approach; Management of Fire Prevention
Programs; and Strategic Analysis of Fire Prevention Programs) to a requirement
that two of the courses must be completed.
The amendments are proposed in conjunction with amendments to Chapters
421, 423, 427, 431, 433, 439, and 453 of this title, which are proposed concurrently
in this issue of the
Texas Register
. These
amendments remove the references to required hours of instruction in the text
of the affected rules. The intent of this change is to move towards an emphasis
on competency-based outcomes, measured by physical skills evaluation and written
testing, rather than reliance on a specific number of hours of instruction,
to assure student competency at the completion of fire fighter training.
The TCFP has determined these amendments to be 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 amendments will be greater clarity and consistency
in the process for measuring results of fire fighter training in the state,
thereby assuring better-trained fire protection personnel. There are no additional
costs of compliance for small or large businesses or individuals that are
required to comply with the proposed 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 these proposals in the
Texas Register
.
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)
[
(1)
completion of the commission approved Basic Fire Inspector
Curriculum, dated prior to January 1, 2005; or
(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 [
(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.
(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 March 7, 2005.
TRD-200501019
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 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)
(No change.)
(b)
National Fire Academy courses [
(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 March 7, 2005.
TRD-200501020
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §§431.3, 431.5, 431.7, and 431.203, concerning minimum standards
for arson investigator certification and minimum standards for fire investigator
certification, in Chapter 431, entitled Fire Investigation. The purpose of
the proposed amendments is to reflect the move on the part of TCFP away from
requirements of specific hours of instruction to competency-based outcomes,
to clarify course requirements, and to correct clerical errors.
The proposed amendments to §431.3 and §431.203 delete language
referencing hours of instruction requirements for training programs; and change
the training program requirement beyond the basic course and Fire Inspection
Principles I from any combination of five courses (specifically - Fire Prevention
Specialist II; Plans Review for Inspectors; Code Management: A Systems Approach;
Management of Fire Prevention Programs; and Strategic Analysis of Fire Prevention
Programs) to a requirement that two of the courses must be completed.
The amendments to §431.3 and §431.203 are proposed in conjunction
with amendments to Chapters 421, 423, 427, 429, 433, 439, and 453 of this
title, which are proposed concurrently in this issue of the
Texas Register
. These amendments remove the references to required
hours of instruction in the text of the affected rules. The intent of this
change is to move towards an emphasis on competency-based outcomes, measured
by physical skills evaluation and written testing, rather than reliance on
a specific number of hours of instruction, to assure student competency at
the completion of fire fighter training.
The proposed amendments to §431.5 and §431.7 correct the same
clerical error in each rule - the reference to subsection (d) is corrected
to subsection (c), and are not connected with the group of amendments to rules
listed in the previous paragraph.
The TCFP has determined these amendments to be 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 amendments will be greater clarity and consistency
in the process for measuring results of fire fighter training in the state,
thereby assuring better-trained fire protection personnel. There are no additional
costs of compliance for small or large businesses or individuals that are
required to comply with the proposed 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. Comments must be received
within 30 days of publication of these proposals in the
Texas Register
.
Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
37 TAC §§431.3, 431.5, 431.7
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; 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.
§431.3.Minimum Standards for Basic Arson Investigator Certification.
(a)
In order to be certified by the commission as a Basic Arson
Investigator an individual must:
(1) - (3)
(No change.)
(4)
complete a commission approved basic fire investigation
training program and successfully pass the commission examination as specified
in Chapter 439 of this title (relating to Examinations for Certification).
An approved fire investigation training program shall consist of one of the
following:
(A)
(No change.)
(B)
successful completion of [
(i) - (iv)
(No change.)
(C) - (D)
(No change.)
(b)
(No change.)
§431.5.Minimum Standards for Intermediate Arson Investigator Certification.
(a)
Applicants for Intermediate Arson Investigator Certification
must complete the following requirements:
(1)
(No change.)
(2)
acquire a minimum of four years of fire protection experience
and complete the requirements listed in one of the following options:
(A) - (C)
(No change.)
(D)
Option 4--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
(c)
[
(b) - (c)
(No change.)
§431.7.Minimum Standards for Advanced Arson Investigator Certification.
(a)
Applicants for Advanced Arson Investigator certification
must complete the following requirements:
(1)
(No change.)
(2)
acquire a minimum of eight years of fire protection experience
and complete the requirements listed in one of the following options:
(A) - (D)
(No change.)
(E)
Option 5--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
(c)
[
(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 March 7, 2005.
TRD-200501021
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
37 TAC §431.203
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; 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.
§431.203.Minimum Standards for Fire Investigator Certification.
[
(a)
[
(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 March 7, 2005.
TRD-200501022
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
37 TAC §433.3
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §433.3, concerning minimum standards for driver/operator-pumper
certification, in Chapter 433, entitled Minimum Standards for Driver/Operator-Pumper.
The purpose of the proposed amendment is to delete obsolete language referencing
hours of instruction requirements for training programs.
The amendment to §433.3 is proposed in conjunction with amendments
to Chapters 421, 423, 427, 429, 431, 439, and 453, which are proposed concurrently
in this issue of the
Texas Register
. This
amendment removes the references to required hours of instruction in the text
of the affected rules. The intent of this change is to move towards an emphasis
on competency-based outcomes, measured by physical skills evaluation and written
testing, rather than reliance on a specific number of hours of instruction,
to assure student competency at the completion of fire fighter training.
The TCFP has determined these amendments to be 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
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 greater clarity and consistency in the
process for measuring results of fire fighter training in the state, thereby
assuring better-trained fire protection personnel. There are no additional
costs of compliance for small or large businesses or individuals that are
required to comply with the proposed 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 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; 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.
§433.3.Minimum Standards for Driver/Operator-Pumper Certification.
(a)
In order to obtain Driver/Operator-Pumper certification
the individual must:
(1) - (2)
(No change.)
(3)
complete a commission approved Driver/Operator-Pumper Curriculum
and successfully pass the commission examination as specified in Chapter 439
of this title (relating to Examinations for Certification). An approved driver/operator-pumper
program must consist of one of the following:
(A)
complete a commission approved Driver/Operator-Pumper Curriculum
[
(B) - (C)
(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 March 7, 2005.
TRD-200501023
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §§439.5, 439.15, 439.17
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §§439.5, 439.15, and 439.17, concerning procedures for conducting
written and/or performance examinations, testing for certification status,
and the number of test questions, in Chapter 439, entitled Examinations for
Certification. The purpose of the amendments is to reflect the move on the
part of TCFP from requirements of specific hours of instruction to competency-based
outcomes, and to make minor changes in terminology.
The amendments to §439.5 and §439.17 are proposed in conjunction
with amendments to Chapters 421, 427, 429, 431, 433, and 453, which are proposed
concurrently in this issue of the
Texas Register
. These amendments remove the references to required hours of instruction
in the text of the affected rules. The intent of this change is to move towards
an emphasis on competency-based outcomes, measured by physical skills evaluation
and written testing, rather than reliance on a specific number of hours of
instruction, to assure student competency at the completion of fire fighter
training. The amendment to §439.15 replaces the word "assignment" with
the word "appointment" to provide consistency with other rule provisions.
The TCFP has determined these amendments to be 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 amendments will be greater clarity and consistency
in the process for measuring results of fire fighter training in the state,
thereby assuring better-trained fire protection personnel. There are no additional
costs of compliance for small or large businesses or individuals that are
required to comply with the proposed 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. Comments must be received
within 30 days of publication of these proposals 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, §419.022, 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.
§439.5.Procedures.
(a) - (c)
(No change.)
(d)
To apply for a commission examination, the designated training
officer or coordinator of the entity providing the training must have completed
and submitted the Course/School Prior Approval Submission Form to the commission
20 calendar days prior to the proposed starting date of the course. Upon commission
approval of the course, the commission will tentatively schedule a time and
place for the examination. A reasonable attempt shall be made to schedule
the examination as soon as possible after the completion of the applicable
course and at a place agreeable to the provider of training. The provider
of training will receive the following:
(1)
Notice of Course Approval--This document will serve as
notification that the course has been approved by the commission and will
contain the Approval Number assigned by the commission
and
[
(2) - (3)
(No change.)
(e) - (t)
(No change.)
§439.15.Testing for Certification Status.
(a)
If an individual who has never held certification in a
discipline defined in §421.5, (relating to the definitions of fire protection
personnel and volunteer fire protection personnel), seeks certification in
that discipline two years or longer after passing a commission examination
pertaining to that discipline, the individual shall:
(1) - (2)
(No change.)
(3)
pass a commission certification examination pertaining
to that discipline. The certification examination for some disciplines consists
of a written examination only, while the certification examination for other
disciplines consists of both a written portion and a performance skills portion.
In any case, all portions of an examination must be passed before the individual
is considered to have passed the examination. The certification examination
must be passed prior to appointment to fire protection duties. If it has been
less than four years since an individual passed the performance skills portion
of an examination pertaining to a discipline, the individual may be exempted
from that portion of the examination if the individual can document twenty
hours of continuing education for each year since the individual last passed
the performance skills portion of an examination pertaining to the discipline.
The continuing education must be in subjects contained in the basic curriculum
for the discipline. At least one-half of the continuing education must be
hands-on performance skills. The training must be conducted as specified in
Chapter 441 of this title (relating to Continuing Education).
(b)
If an individual completes an approved training program
that has been evaluated and deemed equivalent to a basic certification curriculum
approved by the commission, such as an out-of-state or military training program
or a training program administered by the State Firemen and Fire Marshals’
Association of Texas, the individual must document equivalent training to
that required by the commission for certification in the discipline in question,
and pass a commission examination for certification status in order to become
eligible for certification by the commission as fire protection personnel.
If the individual is employed as fire protection personnel, then the examination
for certification status must be passed prior to
appointment
[
§439.17.Number of Test Questions.
The number of questions on the written portion of the state examination
will be based upon the number of
recommended
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 7, 2005.
TRD-200501024
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
37 TAC §441.5, §441.21
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §441.5 and new §441.21, concerning general continuing
education requirements and continuing education for fire service instructors,
in Chapter 441, entitled Continuing Education. The purpose of the amendment
is to provide an additional exemption to the requirement of continuing education,
and to clarify the need for documentation. The purpose of the new rule is
to require continuing education for instructors.
The proposed amendment to §441.5 expands the rule language regarding
exemptions to continuing education requirements by adding documented activation
to military service to the conditions under which an exemption might be granted.
This additional condition applies to members of a paid or volunteer fire department
who are on an extended leave for six months or longer, as well as those persons
who are not members of a paid or volunteer fire department who are unable
to perform work substantially similar in nature to the work performed by fire
protection personnel appointed to that discipline.
Proposed new rule §441.21 will require personnel holding instructor
certification to complete annual continuing education hours to maintain their
certification. The rule provides that subjects selected to meet fire instructor
certification continuing education requirements may be selected from either
Track A or Track B, or a combination of the two.
The TCFP has determined the amendment and new rule to be 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
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 as follows. For
the amendment to §441.5, the public benefit will be the assurance that
any exemptions to continuing education requirements are granted for legitimate
and documented reasons. For new rule §441.21, the public benefit will
be that fire service instructors in the state will continue to enhance their
knowledge and skills in the various aspects of fire science. 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 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 these proposals in the
Texas Register
.
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; Texas Government Code, §419.022,
which provides the TCFP with authority to establish minimum educational, training,
physical, and mental standards; and Texas Government Code, §419.032(b),
which provides the TCFP with the authority to establish minimum qualifications
relating to continuing education programs and other matters that relate to
the competence and reliability of persons to assume and discharge the responsibilities
of fire protection personnel, and to prescribe the means of presenting evidence
of fulfillment of those qualifications.
Texas Government Code, §§419.008, 419.022, and 419.032(b) are
affected by this rulemaking.
§441.5.Requirements.
(a) - (i)
(No change.)
(j)
Any person who is a member of a paid or volunteer fire
department who is on extended leave for a cumulative period of six months
or longer
due to a documented illness, injury, or activation to military
service
[
(k)
Any individual who is not a member of a paid or volunteer
fire department who is unable to perform work, substantially similar in nature
as would be performed by fire protection personnel appointed to that discipline,
may be exempted from the continuing education requirement for the current
renewal period. Commission staff shall determine the exemption using documentation
of the illness or injury that cumulatively lasts six months or longer,
which is
[
(l) - (m)
(No change.)
§441.21.Continuing Education for Fire Service Instructor.
(a)
Continuing education will be required for individuals certified
as a fire service instructor.
(b)
Subjects selected to satisfy the continuing education requirement
may be selected from either Track A or Track B, or a combination of the two.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 7, 2005.
TRD-200501025
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
Subchapter B. MINIMUM STANDARDS FOR FIRE OFFICER II
37 TAC §451.203
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §451.203, concerning minimum standards for Fire Officer
II certification, in Chapter 451, entitled Fire Officer. The purpose of the
proposed amendment is to provide consistency with certain limitations on the
certification of Associate Instructors.
The proposed amendment to §451.203 deletes the associate fire instructor
certification as one of the certifications that an individual may hold in
order to be certified as a Fire Officer II. The other instructor certifications
that an individual can hold to meet the requirements for Fire Officer II certification
(intermediate fire education certification and intermediate fire education
specialist certification) as well as Fire Officer II, require that an individual
hold a basic certification in structural, marine or aircraft rescue fire fighting.
Associate instructors cannot hold these certifications and therefore would
not qualify for Fire Officer II certification.
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 greater clarity in the requirements for
Fire Officer II certification. 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 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, §419.032(b), which
provides the TCFP with the authority to establish minimum qualifications relating
to certification.
Texas Government Code, §419.008 and §419.032(b) are affected
by this rulemaking.
§451.203.Minimum Standards for Fire Officer II Certification.
(a)
In order to be certified as a Fire Officer II an individual
must:
(1) - (2)
(No change.)
(3)
hold, as a minimum, intermediate fire service instructor
certification,
or
intermediate fire education specialist certification
[
(4) - (5)
(No change.)
(b) - (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 March 7, 2005.
TRD-200501026
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 239-4921
less than
] 48,000 pounds
or more
;
Chapter 21.
EQUIPMENT AND VEHICLE STANDARDS
not
] less than 25%. An untinted
film or glaze may be applied to the AS-1 area of the windshield of a motor
vehicle provided the total visible light transmittance is not reduced by a
value of 5%. Vehicles equipped with sunscreening devices under this medical
exception shall not be operated on any highway unless, while being so operated,
the driver or an occupant of the vehicle has in his possession a certificate
issued by the Department of Public Safety.
Chapter 23.
VEHICLE INSPECTION
car
] initial
(two-year certificate)
inspection--$21.75.
through April
30, 2002-- $13.00. On May 1, 2002 and thereafter, the emissions only inspection
fee is as follows:
]
Upon the implementation of
] an approved Low Income Repair Assistance
Program (LIRAP)
is implemented
--$17.00.
All
other counties
]--$27.00.
through
April 30, 2002--$25.50. On May 1, 2002 and thereafter, the safety and emissions
] inspection
.
[
fee is as follows:
]
Upon the implementation of
] an approved Low Income Repair Assistance
Program (LIRAP)
is implemented
--$29.50.
All
other counties
]--$39.50.
only
] at the
time of the original inspection whether the vehicle is approved or disapproved.
Every inspection shall be completed before a vehicle is approved or rejected.
implement
] Texas Transportation
Code, §548.256[
, as amended by Senate Bill 5, 77th Legislature (2001),
] relating to the verification form
required
for the registration
of
an
out-of-state
vehicle
[
vehicles
].
These procedures reflect the final judgment order by the 200th District Court,
Travis County, case number 102585, dated June 6, 2002, which held that Texas
Transportation Code, §548.256(c) and (d) were unconstitutional.
(c)
] Vehicle inspection stations
shall perform
the
[
a
] vehicle identification number
(VIN) verification on all vehicles brought into the state prior to registration
by persons other than manufacturers or importers.
The
[
This
] vehicle identification
number
verification shall only be
performed after the vehicle has passed the compulsory state safety inspection,
to include emissions testing if the inspection station is in
an affected
[
a designated
] county as defined in §23.93 of this
title
(relating to Vehicle Emissions Inspection Requirements)
.
(d)
] During the verification a certified
inspector shall record the complete vehicle identification number exactly
as it appears on the vehicle. The
VIN
number will not be taken
from any title, [
old
] registration or any other document. If the
vehicle identification
number
is missing, obscured or mutilated,
the
verification form will be completed showing "NONE", "OBSCURED",
or "MUTILATED" in the blanks provided for the vehicle identification number.
In addition to the vehicle identification number, the information listed below
shall be recorded on the verification form.
(e)
Inspection stations shall
collect the Texas Emissions Reduction Plan Fund Fee of $225 for all vehicle
identification number (VIN) verifications performed except where the vehicle
owner is exempt. Exempt vehicle owners are officers, enlisted persons, selectees,
or draftees of the Army, Army Reserve, Army National Guard, Air National Guard,
Air Force, Air Force Reserve, Navy, Navy Reserve, Marine Corps, Marine Corps
Reserve, Coast Guard, or Coast Guard Reserve of the United States, and the
spouse and children of such officers, enlisted persons, selectees, or draftees.
Proof of exemption will be provided by presentation of a valid and current
Department of Defense Identification (ID) Card for Members of the Uniformed
Services, their Dependents, and Other Eligible Individuals: DD Form 2 (all
versions), DD Form 1173 (all versions), DD Form 4 (Enlistment/Reenlistment
Document Armed Forces Of The United States), DD Form 47 (Record Of Induction),
or a letter signed by the individual's commanding officer or designate. A
copy of this documentation must be provided to the inspection station for
retention.]
(f)
] The Vehicle Identification
Number verification shall be recorded on
a form as designated by the
department. This form is a governmental record as defined by Texas Penal Code, §37.01
[
one of two different forms. The appropriate form, form handling
instructions, and appropriate fees are explained below
].
(1)
Form VI 30. This form shall
be used for all vehicle identification number (VIN) verifications except where
the vehicle owner is exempt from the payment of the Texas Emissions Reduction
Plan Fee.]
(A)
Inspection stations shall collect $225 for
each VI 30 completed. This fee is in addition to any other vehicle inspection
fee, including emissions testing, and can not be waived. The inspection station
may retain $5 of this fee for administrative costs and remit the remainder
to the department as provided in subparagraph (C)(i) of this paragraph.]
(B)
Form VI 30 is provided by the department to
inspection stations in a triplicate form. The certified vehicle inspector
shall complete the VI 30 to include all information included in subsection
(d) of this section.]
(C)
The disposition of completed VI 30 forms are
as follows:]
(i)
The original, or top page, of the VI 30 will
be forwarded to the department together with the state's portion of the fees
collected for the Texas Emissions Reduction Plan Fund. On the final business
day, every week, inspection stations shall send all completed VI 30 forms
from the preceding week with a completed negotiable check, cashier's or drawn
on a station account, or money order in an amount equal to $220 for each completed
form. Inspections stations shall mail both the completed VI 30 forms and a
check or money order in an appropriate sized envelope to: Department of Public
Safety, Attn: Central Cash Receiving, P.O. Box 149246, Austin, TX 78714. Corporate,
or other similar business associations which operate multiple inspection stations
which are geographically separated and operate with central accounting departments
may be waived from submitting collections weekly. The multiple station operator
must request this waiver from the department (Manager, Vehicle Inspections &
Emissions, P.O. Box 4087, Austin, TX 78773-0543). This request must provide
for a suitable alternative payment schedule acceptable to the department.]
(ii)
The first copy, or second page, of the VI
30 will be presented to the driver of the vehicle for use in registering and
titling the vehicle.]
(iii)
The second copy, or last page of the VI 30
certificate will be retained in the certificate book by the inspection station
and be subject to audit by department personnel.]
(2)
Form VI 30A. This form shall be used for
all vehicle identification number (VIN) verifications where the vehicle owner
is exempt from the payment of the Texas Emissions Reduction Plan Fee.
]
(A)
] Inspection stations
may
collect a fee of
[
shall collected
] $1.00 for each
out-of-state
VIN verification
[
VI 30A
] completed. This fee is in addition
to any other vehicle inspection fee, including emissions testing, but
this fee
may be waived. The inspection station retains this fee to cover
its
administrative costs.
(B)
]
The form used for the
out-of-state VIN verification
[
Form VI 30A
] is provided by
the department to inspection stations in a duplicate form.
(C)
] The disposition of completed
out-of-state VIN verification form is
[
VI 30A forms are
]
as follows:
(i)
] The original[
,
]
or top page, of the
out-of-state VIN verification form
[
VI
30A
] will be presented to the driver of the vehicle
. The completed
form is a certificate to verify the vehicle's VIN
for use in registering
and titling the vehicle.
(ii)
] The copy, or last page of
the
form
[
VI 30A
] will be retained by the inspection
station[
, along with a copy of the vehicle owner's proof of exemption
] and be subject to audit by department personnel.
(g)
]
The verification form
[
Forms VI 30 and VI 30A
] shall be completed by the certified
inspector performing the vehicle identification number verification, using
a permanent marking pen or typewriter
and following the instructions
contained in the "Rules and Regulations Manual for Official Vehicle Inspection
Stations and Certified Inspectors"
. The certified inspector will not
sign the identification certificate until all
required entries
[
blanks
] have been completed. The certified inspector shall insure that
each carbon copy of this form is legible.
(h)
] If any error is made while
recording any of the information required on the [
either the Form VI
30 or Form VI 30A
] certificate, VOID the form and fill out another certificate
with the correct information. Inspection stations shall keep all copies of
all voided forms.
(i)
] Failure to comply with this
or other sections concerning the issuance and safeguarding of out-of-state
vehicle identification verification certificates[
, collection of the
Texas Emissions Reduction Plan Fund Fee, or remittance of the fee to the state
] shall result
in adverse administration action by the department
under 37 TAC §23.15 of this title (relating to Inspection Station and
Certified Inspector Denial, Revocation, Suspensions, and Administrative Hearings)
which may result
in the [
immediate
] suspension [
and
] or revocation of the certification of the station and/or inspector,
in addition to any criminal prosecution
as provided by Texas Penal Code, §37.10
.
Subchapter G. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM
The rules of the Texas Department of Public
Safety set out herein are to maintain compliance with the Texas Clean Air
Act.
] The department is authorized to establish and implement a vehicle
emissions testing program
as
[
that is
] a part of the
annual vehicle safety inspection program, in accordance with Texas Transportation
Code, Chapter 548
and
[
, the
] Health and Safety Code,
Chapter 382[
, and rules adopted thereunder
].
§382.037
]. The Texas Commission on Environmental Quality (TCEQ)
specifies these counties in 30 TAC §114.50
and §114.80
.
502.275
];
be applied
] to motorists, vehicles, vehicle inspection stations and inspectors
certified by the department to inspect vehicles, and to Recognized Emissions
Repair Facilities of Texas and Recognized Emissions Repair Technicians of
Texas, as defined herein.
that are
] certified by the department to do emissions
testing may perform the annual vehicle safety inspection on designated vehicles.
is
] no longer and will be no longer primarily
operated in an affected county. For example, the vehicle registration indicates
it is registered in an affected county, but the owner has moved, does not
currently reside in, nor will primarily operate the vehicle in an affected
county.
County
]:
(B)
] This subparagraph applies to
all designated vehicles in El Paso County.
that
] the Texas Commission on
Environmental Quality publishes notification in the
Texas Register
that contingency I/M measures in El Paso County are
necessary, the following requirements become effective 12 months after the
notice is published.
affected
] county, as determined
by the Texas Department of Transportation.
will
] require vehicles to be emissions tested as a condition to receive
a permit to park or drive on the grounds of the institution, including vehicles
registered out-of-state. The following instructions are provided for handling
this type of inspection.
Texas Department of Human Services
]
due to indigence (subject to approval by the director) or the applicant's
adjusted gross income (if the applicant is married, the applicant's adjusted
gross income is equal to the applicant's adjusted gross income plus the applicant's
spouse's adjusted gross income) is at or below the current federal poverty
level as published by the United States Department of Health and Human Services,
Office of the Secretary, in the Federal Register; proof shall be in the form
of a federal income tax return or other documentation authorized by the director
that the applicant certifies as true and correct.
a
] Individual Vehicle Waiver provided that:
subparagraph
] (e)(1)(B)
of this section, costing equal to or are in excess of the maximum reasonable
repair expenditure amounts, as defined herein for the county in which the
vehicle is registered.
County
] shall offer both the ASM-2 test and the OBD test.
Certified emissions inspection stations in these affected counties desiring
to offer OBD-only emission testing to the public must request a waiver as
low volume emissions inspection station from the department Regional Supervisor.
All public certified emissions inspection stations in Travis and Williamson
counties shall offer both the OBD and TSI test.
All public certified
emissions inspection stations in El Paso County shall offer the TSI test.
Effective 12 months after TCEQ notification published in the
Texas Register
, all public certified emissions inspection stations
in El Paso County shall offer both and the OBD and TSI test.
Chapter 27.
CRIME RECORDS
,
]
located at
Texas Department of Public Safety,
Criminal
History and Fingerprint Services, 108 Denson Drive
[
5805 North
Lamar Boulevard, Building G
], Austin, Texas
78752
[
78765
].
the
department's headquarters
] on the next business day after the day the
department receives the request.
Part 3.
TEXAS YOUTH COMMISSION
category I
] rule violation is an act of misconduct that constitutes
a crime, involves harm to the youth or others, or threatens facility safety,
security, and order. These are the baseline rules which, when crossed, result
in the most severe consequences. These consequences include referral to criminal
court, disciplinary movement, reclassification, multi-phase demotion, and/or
assignment of a disciplinary minimum length of stay. Category I rule violations
are as follows:
can be used as a weapon, or
] has
been made, or adapted for use as a weapon.
This includes cigarette lighters
or matches in a residential placement.
Chapter 97.
SECURITY AND CONTROL
(7)
] Glass containers;
(8)
] Personal tools;
(9)
] Personal cellular phones;
(10)
] Cameras or video equipment;
(11)
] Contraband as defined in §97.11
of this title (relating to Control of Unauthorized Items Seized); or
(12)
] Any other item perceived
by searching staff to be dangerous. The item will be referred to the superintendent
or designee for consideration.
Part 11.
TEXAS JUVENILE PROBATION COMMISSION
Chapter 349.
GENERAL ADMINISTRATIVE STANDARDS
subsection (a)
](1)(A) of this
subsection involving any Class A
or felony
[
section
] unless the person received a pardon based
upon proof of innocence or the reversal of a finding of guilt by either the
trial or an appellate court
.
[
;
]
Chapter 351.
STANDARDS FOR SHORT-TERM DETENTION FACILITIES
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 423.
FIRE SUPPRESSION
(b)
Out-of-state or military training programs
which are submitted to the commission for the purpose of determining equivalency
will be considered equivalent if the subjects taught, subject content, hours
of training in each subject, and total hours of training meet or exceed the
requirements set forth in Chapter 2 (pertaining to Basic Aircraft Rescue Fire
Protection) of the commission’s Certification Curriculum Manual.
]
(c)
] A person who holds or is eligible
to hold a certificate upon employment as a part-time aircraft rescue firefighter
may be certified as an aircraft rescue fire fighting personnel, of the same
level of certification, without meeting the applicable examination requirements.
(d)
] If a person holds a current
certification as a part-time aircraft rescue firefighter, the Texas Department
of Health emergency care attendant certification may be satisfied by documentation
of equivalent training or certification in lieu of current certification by
the Texas Department of Health.
Subchapter C. MINIMUM STANDARDS FOR MARINE FIRE PROTECTION PERSONNEL
(a)
Training programs that are intended to
satisfy the requirements for Basic Marine Fire Protection Personnel certification,
must meet the curriculum, competencies, and hour requirements of this subchapter.
All applicants for certification must meet the examination requirements of
this section.
]
(b)
] In order to obtain basic Marine
Fire Protection Personnel certification the individual must:
(c)
Out-of-state or military training programs
which are submitted to the commission for the purpose of determining equivalency
will be considered equivalent if the subjects taught, subject content, hours
of training in each subject, and total hours of training meet or exceed the
requirements set forth in Chapter 3 (pertaining to Marine Fire Protection)
of the commission's Certification Curriculum Manual.
]
(d)
] A person who holds or is eligible
to hold a certificate upon employment as a part-time marine fire protection
personnel may be certified as a marine fire protection personnel, of the same
level of certification, without meeting the applicable examination requirements.
(e)
] If a person holds a current
certification as a part-time marine fire protection personnel, the Texas Department
of Health emergency care attendant certification may be satisfied by documentation
of equivalent training or certification in lieu of current certification by
the Texas Department of Health.
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 427.
TRAINING FACILITY CERTIFICATION On-Site ] Certified Training Facilities for Fire Protection Personnel.
basic course
] approvals, the facility shall certify
that the resources are provided in accordance with this chapter.
ladder evolutions, rescue drills,
hose advancement, and rope work
].
Area
] for practical application
of principles and procedures of fire fighting, hose loading, pumper operation,
to include friction loss, nozzle reaction, fire stream patterns, and GPM discharge
utilizing various layouts for hand lines
and/or
[
and
]
master stream appliances.
(A)
NFPA 1403, Standard on Live
Fire Training Evolutions in Structures shall be used as a guide when conducting
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.]
on site
] training facility. The equipment must be
available for use by the certified training facility:
them
] must comply with §435.3
of this title (relating to Self-Contained Breathing Apparatus)). This rule
applies whether the self-contained breathing apparatus is provided by the
academy or the trainee
. All students, instructors, safety personnel,
and other personnel participating in any evolution or operation of fire suppression
during the live fire training shall breathe from an SCBA air supply whenever
operating under one or more of the following conditions:
[
;
]
subchapter
]. This will ensure that each
trainee has demonstrated an ability to competently and carefully perform,
individually and as a member of a team, all tasks and operations associated
with the training.
required
] training,
or portion thereof. In addition to periodic tests, a comprehensive final test
must be administered. [
A passing score shall be 70%.
] If a course
is taught in phases, one comprehensive final test shall be administered at
the completion of all phases.
A passing score of 70% must be achieved
on the comprehensive final.
the
] equivalent.
in the certified training
].
.
]
Subchapter B. DISTANCE TRAINING PROVIDER
or where
] content is instructed primarily using
the internet or
an intranet and courses must contain some level of interactivity
[
correspondence, video technology, audio technology, or computer-mediated delivery
].
Distance training that serves as nothing more than electronic
text is not acceptable. Online courses must provide the opportunity for the
student to interact or ask questions via e-mail, chat rooms or some other
method of communication Other computer-mediated methods of instruction may
be used to enhance instruction; however, the primary delivery method must
be through the internet or an intranet.
(e)
] A distance training provider
certified for the first time by the commission will receive, at no charge,
one Commission Certification Curriculum and Standards Manual on CD to be utilized
by the certified distance training provider’s instructors. The distance
training provider is responsible for ensuring that all subjects are taught
as required by the curricula. Additional CD copies may be purchased from the
commission or downloaded from the agency web site. Distance training providers
that renew their certification will receive appropriate updates at no charge.
and
]
.
]
required
] training,
or portion thereof. In addition to periodic tests, a comprehensive final test
must be administered. [
A passing score shall be 70%.
] If a course
is taught in phases, one comprehensive final test shall be administered at
the completion of all phases.
A passing score of 70% must be achieved
on the comprehensive final.
.
]
Chapter 429.
MINIMUM STANDARDS FOR FIRE INSPECTORS
(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:
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
I
, and
two
[
any combination
] of the following
courses or
their
[
its
] predecessor:
(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.
Subchapter B. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION
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.
Chapter 431.
FIRE INVESTIGATION
a minimum of 128 hours of
instruction in
] a National Fire Academy program for fire investigation.
The program must include the basic course, Fire Arson Investigation, and
two
[
any combination
] of the following courses or their predecessor:
(d)
] of this section.
)
(d)
] of this section.
)
Subchapter B. MINIMUM STANDARDS FOR FIRE INVESTIGATOR 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 Fire Investigator an individual must complete the requirements
specified in §431.3(a)(3) or (4) of this title.
(c)
] A person who holds or is eligible
to hold a certificate upon employment as a part-time fire investigator may
be certified as a full-time fire investigator without meeting the applicable
examination requirements.
(d)
] A person who holds or is eligible
to hold a certificate as a Fire Investigator may be certified as an Arson
Investigator by meeting the requirements of Chapter 431, Subchapter A, but
shall not be required to repeat the applicable examination requirements.
Chapter 433.
MINIMUM STANDARDS FOR DRIVER/OPERATOR-PUMPER
of at least 40 hours
] as specified in Chapter 7 of the commission’s
Certification Curriculum Manual.
Chapter 439.
EXAMINATIONS FOR CERTIFICATION
,
] the course I.D. number [
and the number of hours approved for
the course
].
assignment
].
required
]
hours in the particular curriculum being tested. The standard is outlined
below:
Chapter 441.
CONTINUING EDUCATION
because of illness or injury
] may be exempted from
the continuing education requirement for the current renewal period. Such
exemptions shall be reported by the head of the department to the commission
at renewal time.
from documentation
] provided by the individual
and the individual’s treating physician
, or by documentation of
activation to military service
.
Chapter 451.
FIRE OFFICER
or associate instructor certification
] through the commission;
and
Chapter 453.
MINIMUM STANDARDS FOR HAZARDOUS MATERIALS TECHNICIAN