Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.5
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §421.5, concerning definitions, in Chapter 421, entitled
Standards for Certification. The amendment is adopted without changes to the
proposed text published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 8003), and will not be republished. The purpose
of the amendment is to bring definitions concerning instructors into alignment
with new Chapter 425, recently adopted to be effective March 1, 2006.
The amendment: 1) deletes the existing definition for "Coordinator" and
renames the designation of "Training Officer" to "Chief Training Officer"
to clarify that this is the title that the commission will recognize as the
individual responsible for coordinating the activities of a training facility;
2) modifies the definition of "Lead Instructor" to clarify that this is the
title that the commission will recognize as the individual qualified as an
instructor to deliver fire protection training; 3) adds a definition for "Non-Self-Serving
Affidavit"; 4) in the definition for "Years of Experience," adds to the requirements
for fire instructor courses only, the following options: holding certification
from the Texas Department of State Health Services (DSHS) or the Texas Commission
on Law Enforcement Officer Standards and Education (TCLEOSE) and documentation
of at least three years of experience as a volunteer in the fire service;
and deletes obsolete documentation requirements for members of volunteer fire
service organizations from another jurisdiction.
The TCFP has determined the amendment to be in compliance with Texas Government
Code, §419.022(b) and §419.026(a).
No comments were received from the public regarding adoption of the proposed
amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum standards for appointment
as fire protection personnel; and Texas Government Code, §419.028, which
provides the TCFP with the authority to the issue or revoke certification
for a training facility or fire protection personnel instructors.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 7, 2006.
TRD-200601471
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
37 TAC §423.1, §423.13
The Texas Commission on Fire Protection (TCFP) adopts 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 amendments are
adopted without changes to the proposed text published in the December 2,
2005, issue of the
Texas Register
(30 TexReg
8005) and will not be republished.
The purpose of the amendments is to update obsolete information. The amendments
reflect a state agency name change from "The Texas Department of Health" to
"State Department of Health Services."
No comments were received from the public regarding adoption of the proposed
amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 7, 2006.
TRD-200601472
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
The Texas Commission on Fire Protection (TCFP) adopts amendments to §§427.1,
427.19, 427.201, and 427.209; the repeal of §427.17 and §427.207,
and new §§427.301, 427.303, 427.305, and 427.307 concerning certification
requirements for on-site and distance training providers and training programs,
in Chapter 427, entitled Training Facility Certification. The amendment to §427.201
and new §427.301 and §427.303 are adopted with changes to the proposed
text published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 8006). The amendments to §§427.1,
427.19, and 427.209; the repeal of §427.17 and §427.207, and new §427.305
and §427.307 are adopted without changes to the proposed text and will
not be republished. The purpose of the repeals, amendments and new rules is
to re-organize the information in the chapter to make it more easily accessible.
The repeal of §427.17 and §427.207 removes rules from existing
Subchapter A and Subchapter B, which deal with certification requirements
for training facilities, and re-organizes some of the information in new Subchapter
C, which deals exclusively with training program requirements.
The amendments to §427.1, Minimum Standards for Certified Training
Facilities for Fire Protection Personnel delete the word "qualified" in front
of "instructor" in subsection (c), to reflect that the term "qualified instructor"
is being deleted in an adopted amendment to §441.3, published concurrently
in this issue of the
Texas Register
and change
from 24 hours to three business days the time period within which any deviation
in the approved course schedule or content must be reported to the commission.
The amendment to §427.201, Minimum Standards for Distance Training
Provider, changes from 24 hours to three business days the time period within
which any deviation in the approved course schedule or content must be reported
to the commission. The change from the proposed text is a re-wording of subsection
(d)(2), making explicit the types of examinations for which a training provider
is required to submit a testing schedule to the commission.
The amendments to §427.19, General Information, and §427.209,
General Information, delete ambiguous language regarding supervision of trainees
transported to an emergency scene; and remove a reference to "qualified instructors"
to reflect that this term is being deleted in an adopted amendment to §441.3,
published concurrently in this issue of the
Texas
Register
.
New Subchapter C, Training Programs for On-Site and Distance Training Providers,
is comprised of §427.301, General Provisions for Training Programs--On-Site
and Distance Training Providers, §427.303, Training Approval Process
for On-Site and Distance Training Providers, §427.305, Procedures for
Testing Conducted by On-Site and Distance Training Providers, and §427.307,
On-Site and Distance Training Provider Staff Requirements.
In adopted §427.301, the change from the proposed text in subsection
(c) deletes the words "randomly chosen." In adopted §427.303, the change
from the proposed text in subsection (a) adds the words "whether on-site or
distance," making explicit that the requirement for a training provider to
certify that they have provided the required resources applies to both on-site
and distance training providers.
No comments were received from the public regarding the proposed repeals,
new rules, and amendments.
Subchapter A. ON-SITE CERTIFIED TRAINING PROVIDER
37 TAC §427.1, §427.19
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum standards for appointment
as fire protection personnel; and §419.028, which provides the TCFP with
the authority to certify training facilities and training programs, under
conditions that the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 7, 2006.
TRD-200601473
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §427.17
The repeal is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum standards for appointment
as fire protection personnel; and §419.028, which provides the TCFP with
the authority to certify training facilities and training programs, under
conditions that the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601474
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §427.201, §427.209
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum standards for appointment
as fire protection personnel; and §419.028, which provides the TCFP with
the authority to certify training facilities and training programs, under
conditions that the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
§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 content is instructed
primarily using the internet or an intranet and courses must contain some
level of interactivity. 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.
(b)
A distance training provider must seek certification as
a training facility in each discipline it intends to instruct.
(c)
In order to become a commission approved distance training
provider; the provider must submit a completed commission training facility
application with supporting documentation and fee. Such application will include
descriptions and addresses of where the distance training provider will have
their course delivery and materials. A distance training provider must provide
documentation of its ability to meet all minimum requirements for each discipline
for which it seeks certification. The documentation must also identify how
students and instructors will access resources as identified in the curriculum.
(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 three business
days 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 academy periodic, final,
or skills examinations as required in §427.305 of this title; 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)
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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601476
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §427.207
The repeal is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum standards for appointment
as fire protection personnel; and §419.028, which provides the TCFP with
the authority to certify training facilities and training programs, under
conditions that the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601475
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §§427.301, 427.303, 427.305, 427.307
The new rules are adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum standards for appointment
as fire protection personnel; and §419.028, which provides the TCFP with
the authority to certify training facilities and training programs, under
conditions that the TCFP prescribes.
Texas Government Code, §§419.008, 419.022, and 419.028 are affected
by this rulemaking.
§427.301.General Provisions for Training Programs--On-Site and Distance Training Providers.
(a)
Training programs that are intended to satisfy the requirements
for fire protection personnel certification for each curriculum must meet
the objectives and competencies in that curriculum.
(b)
A system for evaluating the comprehension of the trainee,
including periodic and comprehensive written tests, is required. If performance
skills are part of the applicable curriculum, performance testing shall be
done in accordance with §427.305 of this title.
(c)
The training facility must maintain records (electronic
or paper) of skills testing on each examinee. The records must reflect the
results of the evaluation of skills, the dates that the skill evaluations
took place, and the names of the field examiners who conducted the evaluations.
§427.303.Training Approval Process for On-Site and Distance Training Providers.
(a)
When seeking training approvals, a training provider, whether
on-site or distance, shall certify that it has provided the resources described
in §427.1(f) of this title.
(b)
All training for certification must be approved by the
commission. A training provider must submit to the commission a completed
Training Prior Approval Form, a schedule of periodic, final, and skills tests,
and a class schedule at least 20 days prior to the proposed starting date
of the training.
(c)
The provider of training will receive from the commission
the following documents.
(1)
A 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 the course I.D.
number.
(2)
An Application for Testing Form. See §439.5(b) of
this title.
(3)
A Certificate of Completion Form. This document must be
completed by the training provider and issued to each student when the student
has successfully completed the applicable curriculum.
(d)
Approved courses are subject to audit by commission staff
at any time during the approved schedule. Any deviation in the approved course
schedule, content, field examiners, or the substitution of one instructor
for another (this does not apply to the addition of an instructor to the roster
of instructors already approved by the commission) must be reported to the
commission within three business days of the deviation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601477
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
The Texas Commission on Fire Protection (TCFP) adopts amendments to §§429.3,
429.11, and 429.211, concerning minimum standards for basic fire inspector
certification and International Fire Service Accreditation Congress (IFSAC)
seals, in Chapter 429, entitled Minimum Standards for Fire Inspectors. The
amendments are adopted without changes to the proposed text published in the
December 2, 2005, issue of the
Texas Register
(30
TexReg 8009) and will not be republished.
The purpose of the amendments is to update obsolete information and make
a grammatical correction. The amendment to §429.3 removes obsolete language
pertaining to curriculum requirements for fire inspector certification that
were in effect prior to January 1, 2005 and are no longer relevant. The amendments
to §429.11 and §429.211 correct the title "Plans Examiner" to "Plan
Examiner."
No comments were received from the public regarding adoption of the proposed
amendments.
Subchapter A. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION BASED ON REQUIREMENTS IN EFFECT PRIOR TO JANUARY 1, 2005
37 TAC §429.3, §429.11
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 7, 2006.
TRD-200601478
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §429.211
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601479
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §435.5, §435.21
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §435.5, entitled Commission Recommendations, and new §435.21,
entitled Fire Service Joint Labor Management Wellness-Fitness Initiative,
in Chapter 435, entitled Fire Fighter Safety. New §435.21 is adopted
with changes to the proposed text published in the December 2, 2005, issue
of the
Texas Register
(30 TexReg 8011). The
amendment to §435.5 is adopted without changes and will not be republished.
The purpose of the proposed amendment and new rule is to endorse the Fire
Service Joint Labor Management Wellness-Fitness Initiative established by
International Association of Fire Fighters (IAFF) and the International Association
of Fire Chiefs (IAFC).The IAFF/IAFC initiative recognizes the physical and
emotional stresses associated with the job that fire fighters perform and
recommends specific actions that would mitigate or lessen the impact of those
stresses.
The commission established an ad-hoc committee on Fire Fighter Wellness
and Fitness. The committee was charged with reviewing the current state of
wellness and fitness of the fire service in Texas. They were to make recommendations
to the commission regarding the promulgation of rules concerning the standards
for fire fighter physicals, health, safety, and wellness.
The committee sent surveys to more than 600 Texas fire service agencies
and received a response from 111 fire departments. Based upon the survey results
and other information gathered, the committee made recommendations to the
commission concerning possible interventions regarding regulated fire service
agencies.
The amendment to §435.5 adds the IAFF/IAFC Fire Service Joint Labor
Management Wellness-Fitness Initiative to the list of resources that the commission
recommends employing entities use as a guide. New §435.21, Fire Service
Joint Labor Management Wellness-Fitness Initiative, sets out provisions regarding
the initiative, including that employing entities shall assess the wellness
and fitness needs of their personnel; that they shall develop, maintain, and
make available for commission inspection a standard operating procedure; and
that the approach an employing entity takes regarding personnel fitness needs
shall be based on the local assessment of resources. The changes in new §435.21
from the proposed text consist of: 1) a clarification that the procedure used
to make the assessment of a departments wellness and fitness needs shall also
be in writing and available for commission inspection; and 2) the addition
of a statement in the rule text that the effective date of the new rule is
October 1, 2006.
No comments were received from the public regarding adoption of the proposed
amendment and new rule.
The amendment and new rule are adopted under Texas Government
Code, §419.008, which provides the TCFP with the authority to adopt rules
for the administration of its powers and duties; and Texas Government Code, §419.022(a)(5),
which provides the TCFP with the authority to establish minimum standards
for appointment as fire protection personnel.
Texas Government Code, §419.008 and §419.022(a)(5) are affected
by this rulemaking.
§435.21.Fire Service Joint Labor Management Wellness-Fitness Initiative.
(a)
A fire department shall assess the wellness and fitness
needs of the personnel in the department. The procedure used to make this
assessment shall be written and made available for commission inspection.
(b)
A fire department shall develop and maintain a standard
operating procedure to address those needs.
(c)
The approach to the fitness needs of the department shall
be based on the local assessment and local resources.
(d)
The standard operating procedure shall be made available
to the commission for inspection.
(e)
The effective date of this rule is October 1, 2006.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 7, 2006.
TRD-200601480
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
The Texas Commission on Fire Protection (TCFP) adopts the repeal of §§439.1,
439.3, 439.5, 439.7, 439.9, 439.11, 439.13, 439.15, 439.17, 439.201, 439.203,
and 439.205; and new §§439.1, 439.3, 439.5, 439.7, 439.9, 439.11,
439.13, 439.15, 439.17, 439.19, 439.201, 439.203., 439.205, concerning general
requirements and procedures regarding state administered examinations, performance
skill evaluations, testing for proof of proficiency, and grading, in Chapter
439, entitled Examinations for Certification. The new rules are adopted without
changes to the proposed text published in the December 2, 2005, issue of the
The purpose of the adopted repeals and new rules is to re-organize the
information in the chapter to make it more easily accessible.
No comments were received from the public regarding adoption of the proposed
repeals and new rules.
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §§439.1, 439.3, 439.5, 439.7, 439.9, 439.11, 439.13, 439.15, 439.17
The repeals are adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 7, 2006.
TRD-200601481
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §§439.1, 439.3, 439.5, 439.7, 439.9, 439.11, 439.13, 439.15, 439.17, 439.19
The new rules are adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601482
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §§439.201, 439.203, 439.205
The repeals are adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601483
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §§439.201, 439.203, 439.205
The new rules are adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601484
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
37 TAC §441.3, §441.5
The Texas Commission on Fire Protection (TCFP) adopts amendments
to §441.3 and §441.5, concerning continuing education definitions
and requirements, in Chapter 441, entitled Continuing Education. The amendments
are adopted without changes to the proposed text published in the December
2, 2005, issue of the
Texas Register
(30 TexReg
8016) and will not be republished. The purpose of the amendments is to update
obsolete information.
The amendment to §441.3, Definitions, deletes the definition for "Qualified
Instructor." It has been rendered obsolete because the commission's new instructor
rules which become effective March 1, 2006 require all fire service instructors
to be certified, with the exception of guest instructors who contract with
training facilities (individuals with special knowledge, skill, and expertise
in a specific subject area and who must teach under the endorsement of the
lead instructor).
The amendment to §441.5 deletes references to "qualified instructors"
for the same reason as stated in the preceding paragraph of this preamble.
No comments were received from the public regarding adoption of the proposed
amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with the authority to adopt rules for the administration
of its powers and duties; Texas Government Code, §419.022(a)(5), which
provides the TCFP with the authority to establish minimum standards for appointment
as fire protection personnel; and §419.028, 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 7, 2006.
TRD-200601470
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 27, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 936-3821
The Texas Commission on Fire Protection (TCFP) adopts amendments to §451.3
and §451.203, concerning minimum standards for Fire Officer I and II
certification, in Chapter 451, entitled Fire Officer. The amendments are adopted
without changes to the proposed text as published in the December 2, 2005,
issue of the
Texas Register
(30 TexReg 8017)
and will not be republished.
The purpose of the adopted amendments is to add new requirements for Fire
Officer I certification as required in the new National Fire Protection Association
(NFPA) Standard and to reflect changes made to the instructor certification
titles in the new instructor rules effective March 1, 2006.
The amendment to §451.3, Minimum Standards for Fire Officer I Certification,
adds the requirement that an individual must hold Fire Service Instructor
I certification through the commission. The amendment to §451.203, Minimum
Standards for Fire Officer II Certification, changes the titles of the required
instructor certifications from Intermediate Fire Service Instructor to Fire
Service Instructor I; and removes other obsolete instructor certification
titles.
No comments were received from the public regarding adoption of the proposed
amendments.
Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I
Chapter 423.
FIRE SUPPRESSION
Chapter 427.
TRAINING FACILITY CERTIFICATION
Subchapter B. DISTANCE TRAINING PROVIDER
Subchapter C. TRAINING PROGRAMS FOR ON-SITE AND DISTANCE TRAINING PROVIDERS
Chapter 429.
MINIMUM STANDARDS FOR FIRE INSPECTORS
Subchapter B. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION
Chapter 435.
FIRE FIGHTER SAFETY
Chapter 439.
EXAMINATIONS FOR CERTIFICATION
Subchapter B. EXAMINATIONS FOR DISTANCE TRAINING
Chapter 441.
CONTINUING EDUCATION
Chapter 451.
FIRE OFFICER