Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.3, §421.5
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §421.3 and §421.5, concerning minimum standards set by the TCFP
and definitions, in Chapter 421, entitled Standards for Certification. The
purpose of the proposed amendments is to clarify requirements and re-word
some of the language for clarity.
The proposed amendment to §421.3 adds, in the functional position
description for structural fire protection personnel, the words "in English"
in subsection (b)(1)(A) to clarify that the required language competencies
refer to competency in English. The proposed amendment to §421.5(43)(A)(ii)
and (iii) updates the name of the Department of State Health Services, to
reflect that state agency's name change; and rewords the language for clarity.
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 year of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the amendment to §421.3 will be greater clarity regarding
the English language competency requirements for structural fire protection
personnel; for the amendment to §421.5, the public benefit will be greater
clarity regarding years-of-experience requirements for higher levels of certification
and fire service instructor certification. There are no additional costs of
compliance for small or large businesses or individuals that are required
to comply with the proposed amendments.
The TCFP has determined the amendments to be in compliance with Texas Government
Code, §419.022(b).
Comments on the proposal may be submitted to: Gary L. Warren, Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas
78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments must be received
within 30 days of publication of this proposal in the
Texas Register
.
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with the authority to propose rules for the administration
of its powers and duties; and Texas Government Code, §419.022(a)(5),
which provides the TCFP with the authority to establish minimum standards
for appointment as fire protection personnel.
Cross reference to statute: Texas Government Code, §419.008 and §419.022(a)(5).
§421.3.Minimum Standards Set by the Commission.
(a)
(No change.)
(b)
Functional position descriptions.
(1)
Structural fire protection personnel. The following general
position description for structural fire protection personnel serves as a
guide for anyone interested in understanding the qualifications, competencies,
and tasks required of the fire fighter operating in the State of Texas. It
is ultimately the responsibility of an employer to define specific job descriptions
within each jurisdiction.
(A)
Qualifications. Successfully complete a commission approved
course; achieve a passing score on written and performance certification examinations;
must be at least 18 years of age; generally, the knowledge and skills required
show the need for a high school education or equivalent; ability to communicate
verbally, via telephone and radio equipment; ability to lift, carry, drag,
and balance weight equivalent to the average human weight; ability to interpret
in English,
written[
(B)
(No change.)
(2) - (12)
(No change.)
§421.5.Definitions.
The following words and terms, when used in this standards manual,
shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (42)
(No change.)
(43)
Years of experience--For purposes of higher levels of
certification or fire service instructor certification:
(A)
Except as provided in subparagraph (B) of this paragraph,
years of experience is defined as full years of full-time, part-time or volunteer
fire service while holding:
(i)
(No change.)
(ii)
a State Firemen's and Fire Marshals' Association advanced
fire fighter certification and have
successfully
completed
,
as a minimum
, the
requirements for
an Emergency Care
Attendant (ECA) as specified by the
[
(iii)
an equivalent certification as a full-time fire protection
personnel of a governmental entity from another jurisdiction, including the
military, or while a member in a volunteer fire service organization from
another jurisdiction, and have completed
,
as a minimum
, the
requirements for
an Emergency Care Attendant (ECA) as specified
by the
[
(iv)
(No change.)
(B)
(No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on July 21, 2006.
TRD-200603857
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 3, 2006
For further information, please call: (512) 936-3821
37 TAC §423.1, §423.13
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §423.1 and §423.13, concerning minimum standards for structure
fire protection personnel and International Fire Service Accreditation Congress
(IFSAC) seals, in Chapter 423, entitled Fire Suppression. The purpose of the
proposed amendments is to clarify rule language.
The proposed amendments to both rules change the wording of the term "medical
emergency training" to "emergency medical training" to reflect the standard
wording of the commonly used term. The proposed amendment to §423.13
also clarifies in subsection (d)(2) and (3) that the type of documentation
recognized by the commission demonstrates successful completion of a response
course, and that it is not a certification document that is required.
The TCFP has determined the proposed amendments to be in compliance with
Texas Government Code, §419.022(b).
Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
amendments are in effect there will be no fiscal impact on state and local
governments.
Mr. Soteriou has also determined that for each year 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 regarding standard
terms such as "emergency medical training" and the assurance that firefighters
in the state of Texas have completed emergency medical training that actually
exceeds the national standard as found in NFPA 1001. There are no additional
costs of compliance for small or large businesses or individuals that are
required to comply with the proposed amendments.
Comments on the proposal may be submitted to: Gary L. Warren, Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas
78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments must be received
within 30 days of publication of this proposal in the
Texas Register
.
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with the authority to propose rules for the administration
of its powers and duties; and Texas Government Code, §419.022(a)(5),
which provides the TCFP with the authority to establish minimum standards
for appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
this rulemaking.
§423.1.Minimum Standards for Structure Fire Protection Personnel.
(a)
(No change.)
(b)
Prior to being appointed to fire suppression duties, personnel
must complete a commission approved basic structure fire suppression program
and successfully complete a commission recognized emergency medical course.
The individual must successfully pass the commission examination pertaining
to that curriculum as required by §423.3 of this title. The commission
recognizes the following
emergency
medical [
(1) - (5)
(No change.)
(c)
(No change.)
§423.13.International Fire Service Accreditation Congress (IFSAC) Seal.
(a) - (c)
(No change.)
(d)
In order [
(1)
(No change.)
(2)
American Red Cross
Response course
[
(3)
American Safety and Health Institute First Responder [
(4) - (5)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on July 21, 2006.
TRD-200603858
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 3, 2006
For further information, please call: (512) 936-3821
37 TAC §425.1
The Texas Commission on Fire Protection (TCFP) proposes an
amendment to §425.1, concerning minimum standards for fires service instructor
certification, in Chapter 425, entitled Fire Service Instructors. The purpose
of the proposed amendment is to remove obsolete language.
The proposed amendment: (1) deletes language in subsection (a) that states
that the effective date of Chapter 425 is March 1, 2006 (this date has now
passed and it is no longer necessary to make it explicit in the text of the
rule); and (2) clarifies in subsection (c) that out of state training may
meet the completion of the required competencies but does not equate to years
of experience in a required position. Experience is defined in a different
section.
The TCFP has determined this proposed amendment to be in compliance with
Texas Government Code §419.022(b).
Jake Soteriou, Director of the Fire Service Standards and Certification
Division, has determined that for the first five year period the proposed
amendment is in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year 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 rule language as
the result of the removal of obsolete information. 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, §419.028(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)
[
(b)
(No change.)
(c)
An out-of-state, military, or federal instructor training
program may be accepted by the commission as meeting the training [
(d) - (j)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 21, 2006.
TRD-200603859
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 3, 2006
For further information, please call: (512) 936-3821
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §439.1, §439.19
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §439.1 and §439.19, concerning general requirements and procedures
regarding state-administered examinations, in Chapter 439, entitled Examinations
for Certification. The purpose of the proposed amendments is to change the
examination requirement for certification as Head of Department, and to designate
the number of questions that will be standard for that new examination.
The commission prescribes the content of certification examinations that
tests the knowledge and/or skill of the examinee relative to the discipline
addressed by the certification examination. The proposed amendment to §439.1
changes the examination for Head of Department certification to the types
of certification examinations for which the commission prescribes content.
The proposed language of the amendment states that this new examination will
be based on National Fire Protection Association (NFPA) 1021, Chapter 7.
The proposed amendment to §439.19 adds a new provision that the new
Head of Department examination will consist of 50 active questions, with the
option of adding up to five pilot questions, for a maximum time allotment
of one hour.
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 fiscal impact on state and local
governments.
Mr. Soteriou has also determined that for each year of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the amendments will be the assurance that fire service
personnel certified as Head of a Department will have passed an examination
based on national standards from the National Fire Protection Association.
There are no additional costs of compliance for small or large businesses
or individuals that are required to comply with the proposed amendments.
Comments on the proposal may be submitted to: Gary L. Warren, Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas
78768-2286 or e-mailed to info@tcfp.state.tx.us. Comments must be received
within 30 days of publication of this proposal in the
Texas Register
.
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with the authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum educational, training,
physical, and mental standards for appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022 are affected by
this rulemaking.
§439.1.Requirements--General.
(a) - (d)
(No change.)
(e)
The commission shall prescribe the content of any certification
examination that tests the knowledge and/or skill of the examinee concerning
the discipline addressed by the examination.
(1) - (3)
(No change.)
(4)
The Head of Department examination will
be based on NFPA 1021, Chapter 7.
(f) - (g)
(No change.)
§439.19.Number of Test Questions.
(a) - (b)
(No change.)
(c)
The Head of Department examination will
consist of 50 active questions, with the option of adding up to five pilot
questions, for a maximum time allotment of one hour.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 21, 2006.
TRD-200603860
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 3, 2006
For further information, please call: (512) 936-3821
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §449.3, §449.5
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §449.3 and §449.5, concerning minimum standards for certification
as head of a suppression fire department, and head of a prevention only department,
respectively, in Chapter 449, entitled Head of a Fire Department. The purpose
of the proposed amendments is to change the examination requirement for certification
as Head of Department.
The proposed amendments change the previous requirement that those individuals
seeking certification as Head of Department pass a written commission examination
based on the basic structural fire protection personnel curriculum, or basic
inspector or investigator curriculum to a requirement that the individual
pass a written commission Head of Department examination, which will be based
on National Fire Protection Association (NFPA) 1021, Chapter 7.
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 fiscal impact on state and 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 the assurance that fire service
personnel certified as Head of a Department will have passed an examination
based on national standards from the National Fire Protection Association.
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 this proposal in the
Texas Register.
The amendments are proposed under Texas Government Code, §419.008,
which provides the TCFP with the authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum educational, training,
physical, and mental standards for appointment as fire protection personnel;
and Texas Government Code, §419.032(f), which provides that the commission
shall adopt rules for relating to the appointment of a person to the position
of head of a department.
Texas Government Code, §419.008 and §419.022, and §419.032
are affected by this rulemaking.
§449.3.Minimum Standards for Certification as Head of a Suppression Fire Department.
(a)
In order to be certified as a head of a fire department
providing fire suppression, an individual must be appointed as head of a fire
department; and
(1) - (2)
(No change.)
(3)
provide documentation in the form of a non self serving
sworn affidavit of ten years experience as an employee of a local governmental
entity in a full-time structural fire protection personnel position in a jurisdiction
other than Texas; and successfully pass a written commission
Head of
Department
examination [
(4)
(No change.)
(5)
provide documentation in the form of a sworn non self serving
affidavit of ten years experience as an active volunteer fire fighter in one
or more volunteer fire departments that meet the requirements of subsection
(b) of this section and successfully pass a written commission
Head of
Department
examination [
(b) - (d)
(No change.)
§449.5.Minimum Standards for Certification as Head of a Prevention Only Department.
(a)
In order to be certified as the head of a fire department
providing fire prevention activities only, an individual must be appointed
as head of a Fire Prevention Department; and
(1) - (2)
(No change.)
(3)
provide documentation in the form of a sworn non self serving
affidavit of ten years experience as an employee of a local governmental entity
in a full-time fire inspector, fire investigator, or arson investigator position
in a jurisdiction other than Texas and successfully pass a written commission
Head of Department
examination [
(4)
(No change.)
(5)
provide documentation in the form of a sworn non self serving
affidavit of ten years experience as an active volunteer fire inspector, fire
investigator, or arson investigator with ten years experience in fire prevention
and successfully pass a written commission
Head of Department
examination
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 21, 2006.
TRD-200603861
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: September 3, 2006
For further information, please call: (512) 936-3821
The Texas Commission on Fire Protection (TCFP) proposes amendments
to §§451.3, 451.5, 451.7, 451.203, 451.205, and 451.207, concerning
minimum standards for Fire Officer I and II certification, including examination
requirements and International Fire Service Accreditation Congress (IFSAC)
seals, in Chapter 451, entitled Fire Officer. The purpose of the proposed
amendments is to re-organize some of the provisions within various rules,
and reflect recent changes made to the Chapter 425 Fire Service Instructor
rules.
The proposed amendment to §451.3, Minimum Standards for Fire Officer
I Certification, deletes subsection (d), relating to prerequisites for taking
the Fire Office I certification examination. This provision has been moved
to §451.5, Examination Requirements, in a new subsection (c), and another
prerequisite has been added; that an individual must either hold Fire Service
Instructor I certification through the commission, or document accreditation
from the International Fire Service Accreditation Congress as an Instructor
I. The proposed amendment to §451.7, International Fire Service Accreditation
Congress (IFSAC) Seal, adds to the requirements for a Fire Officer I IFSAC
seal in subsection (b) the requirement that an individual document an IFSAC
seal as a Fire Service Instructor I.
The proposed amendments to §451.203, Minimum Standards for Fire Officer
II Certification, §451.205, Examination Requirements, and §451.207,
International Fire Service Accreditation Congress (IFSAC) Seal make the same
changes that are being made to their counterparts (§§451.3, 451.5,
and 451.7) referred to in the previous paragraph of this preamble. In addition,
the proposed amendment to §451.7 removes obsolete instructor certification
titles.
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 fiscal impact on state and 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 the assurance that individuals
holding fire officer certification in Texas will also have had the thorough
instructor training required for instructor certification. 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 this proposal in the
Texas Register
.
Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I
,
] and oral instructions; ability to
work effectively in high stress situations; ability to work effectively in
an environment with loud noises and flashing lights; ability to function through
an entire work shift; ability to calculate weight and volume ratios; ability
to read and understand English language manuals including chemical, medical
and technical terms, and road maps; ability to accurately discern street signs
and address numbers; ability to document, in
English
[
writing
], all relevant information in prescribed format in light of legal ramifications
of such; ability to converse in English with coworkers and other emergency
response personnel. Good manual dexterity with ability to perform all tasks
related to the protection of life and property; ability to bend, stoop, and
crawl on uneven surfaces; ability to withstand varied environmental conditions
such as extreme heat, cold, and moisture; and ability to work in low or no
light, confined spaces, elevated heights and other dangerous environments.
a Texas
] Department
of
State
Health
Services (DSHS), or its successor agency
[
Emergency Care Attendant (ECA) certification
], or its equivalent; or
a Texas
] Department of
State
Health
Services (DSHS), or its successor agency
[
Emergency Care Attendant
(ECA) certification
], or its equivalent; or
Chapter 423.
FIRE SUPPRESSION
emergency
]
training:
for an individual
] to meet the medical
requirements of NFPA 1001, the individual must document successful completion
of
an emergency
medical [
emergency
] training
course
or program
. The commission recognizes the following
emergency
medical
[
emergency
] training [
as meeting the medical requirements
of NFPA 1001
]:
certification
showing successful completion of a course
] (including optional lessons
and enrichment sections);
certification showing successful completion of a
] course;
Chapter 425.
FIRE SERVICE INSTRUCTORS
The effective date of this chapter shall be March
1, 2006.
] Training programs that are intended to satisfy the requirements
for fire service instructor certification [
that are started on or after
the effective date of this chapter
] must meet the curriculum and competencies
based upon NFPA 1041. All applicants for certification must meet the examination
requirements of this section.
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.
Chapter 439.
EXAMINATIONS FOR CERTIFICATION
Chapter 449.
HEAD OF A FIRE DEPARTMENT
based on the basic structural fire protection
personnel curriculum
] as specified in Chapter 439; or
based on the basic structural fire protection
personnel curriculum
] as specified in Chapter 439.
based on the basic inspector or
investigator curriculum
] as specified in Chapter 439; or
based on the basic inspector or investigator curriculum
] as specified
in Chapter 439.
Chapter 451.
FIRE OFFICER