Part 13. TEXAS COMMISSION ON FIRE PROTECTION
Chapter 421. STANDARDS FOR CERTIFICATION
The Texas Commission on Fire Protection (Commission) proposes amendments to §421.1, concerning Procedures for Meetings; and §421.3, concerning Minimum Standards Set by the Commission. The purpose of the proposed amendments is to clarify the qualifications for HazMat and fire protection personnel; grammar and punctuation corrections; and to capitalize the letter "c" in the word "commission" when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing these amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
The amendments are proposed under Texas Government Code, §419.032, which provides the Commission with the authority to establish qualification criteria for fire protection personnel.
No other codes, articles, or statutes are affected by this proposal.
§421.1.Procedures for Meetings.
(a) Time and
place
[
places
].
The Fire Fighter Advisory Committee and the Curriculum and Testing
Committee shall meet at such
time
[
times
] and
place
[
places
] in the State of Texas as they deem
proper. The Fire Fighter Advisory Committee shall meet at least twice
each calendar year.
(b) Meeting called. Meetings shall be called by the
chairman, by the
Commission
[
commission
], or upon the written request of five members.
(c) - (e) (No change.)
(f) Responsibility. The Fire Fighter Advisory Committee
shall review commission rules relating to fire protection personnel
and fire departments and recommend changes in the rules to the
Commission
[
commission
].
(g) Effective Date. Rules shall become effective no
sooner than 20 days after filing with the Texas Register for final
adoption. The committee or
Commission
[
commission
]
may recommend a later effective date.
(h) Removal. It is a ground for removal from an advisory
committee appointed by the
Commission
[
commission
]
if a member is absent from more than half of the regularly scheduled
committee meetings that the member is eligible to attend during a
calendar year unless the absence is excused by a majority vote of
the committee.
§421.3.Minimum Standards Set by the Commission.
(a) (No change.)
(b) Functional position descriptions.
(1) - (3) (No change.)
(4) Fire inspection personnel. The following general position description for fire inspection personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the fire inspector 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
[
Commission approved
] course; achieve a passing
score on certification examinations; must be at least 18 years of
age; generally, the knowledge and skills required
to
show
the need for a high school education or equivalent; ability to communicate
verbally, via telephone and radio equipment; ability to lift, carry,
and balance weight equivalent to
the
weight of common tools
and equipment necessary for conducting an inspection; ability to interpret
written and oral instructions; ability to work effectively with the
public; ability to work effectively in an environment with potentially
loud noises; ability to function through an entire work shift; ability
to calculate area, weight and volume ratios; ability to read and understand
English language manuals
,
including chemical, construction
and technical terms, building plans and road maps; ability to accurately
discern street signs and address numbers; ability to document, in
writing, all relevant information in
a
prescribed format
in light of legal ramifications of such; ability to converse in English
with coworkers and other personnel. Demonstrate knowledge of characteristics
and behavior of fire, and fire prevention principles. Good manual
dexterity with the ability to perform all tasks related to the inspection
of structures and property; ability to bend, stoop, and crawl on uneven
surfaces; ability to climb ladders; ability to withstand varied environmental
conditions
,
such as extreme heat, cold, and moisture; and
the ability to work in low light, confined spaces, elevated heights,
and other dangerous environments.
(B) (No change.)
(5) Fire Investigator personnel. The following general position description for fire investigator personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the fire investigator 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
[
Commission approved
] course; achieve a passing
score on certification examinations; be at least 18 years of age;
generally, the knowledge and skills required
to
show the
need for a high school education or equivalent; ability to communicate
verbally, via telephone and radio equipment; ability to lift, carry,
and balance weight equivalent to weight of common tools and equipment
necessary for conducting an investigation; ability to interpret written
and oral instructions; ability to work effectively with the public;
ability to work effectively in a hazardous environment; ability to
function through an entire work shift; ability to calculate area,
weight and volume ratios; ability to read and understand English language
manuals including chemical, legal and technical terms, building plans
and road maps; ability to accurately discern street signs and address
numbers; ability to document, in writing, all relevant information
in
a
prescribed format in light of legal ramifications
of such; ability to converse in English with coworkers and other personnel.
Good manual dexterity with the ability to perform all tasks related
to fire investigation; ability to bend, stoop, and walk on uneven
surfaces; ability to climb ladders; ability to withstand varied environmental
conditions such as extreme heat, cold and moisture; and the ability
to work in low light, confined spaces, elevated heights, and other
potentially dangerous environments.
(B) (No change.)
(6) Hazardous Materials Technician personnel. The following general position description for hazardous materials personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the hazardous materials technician operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to the qualifications for basic structural fire protection personnel: successfully complete a Commission-approved course; achieving a passing score on the certification examination; the ability to analyze a hazardous materials incident, plan a response, implement the planned response, evaluate the progress of the planned response, and terminate the incident.
(B) (No change.)
(7) (No change.)
(8) Fire Officer I personnel. The following general position description for Fire Officer I personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Officer I operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to the qualifications
for basic structural fire protection and Fire Instructor I personnel:
the ability to
supervise personnel,
and
assign tasks
at emergency operations
; the ability to
[
,
] direct
personnel during training activities
; the ability to
[
,
]
recommend action for member-related problems
; the ability to
[
,
] coordinate assigned tasks and projects,
and
deal
with inquiries and concerns from members of the community
; the
ability to
[
,
] implement policies
; the ability
to
[
,
] perform routine administrative functions, perform
preliminary fire investigation, secure an incident scene and preserve
evidence
; the ability to
[
,
] develop pre-incident
plans,
supervise
[
supervisory
] emergency operations,
and
develop and implement action plans
; the ability to
[
,
] deploy assigned resources
to
[
,
] ensure
a safe work environment for personnel, conduct initial accident investigation,
and document an incident.
(B) (No change.)
(9) Fire Officer II personnel. The following general position description for Fire Officer II personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Officer II operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to the qualifications
for Fire Officer I and Fire Instructor I personnel:
the ability
to
motivate members for maximum job performance
; the ability
to
[
,
] evaluate job performance
; the ability
to
[
,
] deliver life safety and fire prevention education
programs
; the ability to
[
,
] prepare budget requests,
news releases, and policy changes
; the ability to
[
,
]
conduct pre-incident planning, fire inspections, and fire investigations
; the ability
[
,
] to supervise multi-unit emergency
operations, identify unsafe work environments or behaviors, review
injury, accident, and exposure reports.
(B) (No change.)
(10) Fire Service Instructor I personnel. The following general position description for Fire Service Instructor I personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Service Instructor I operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to successfully completing a
Commission-approved
[
Commission approved
]
course and achieving a passing score on the certification examination:
must have the ability to
deliver
instructions
[
instruction
] effectively from a prepared lesson plan
; the ability
to
[
, including
] use [
of
] instructional aids and evaluation instruments;
the ability to
adapt
lesson
[
lessons
] plans to the unique requirements of both
student
[
students
] and the
jurisdictional
authority
[
having jurisdiction
];
the ability to
organize
the learning environment
to its maximum potential
[
so
that learning is maximized
];
the ability to
[
and
]
meet the record-keeping requirements of the
jurisdictional
authority
[
having jurisdiction
].
(B) (No change.)
(11) Fire Service Instructor II personnel. The following general position description for Fire Service Instructor II personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Service Instructor II operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to successfully completing a
Commission-approved
[
Commission approved
]
course, achieving a passing score on the certification examination,
and meeting the qualifications for Fire Service Instructor I:
the
ability to
develop individual lesson plans for a specific topic,
including learning objectives, instructional aids, and evaluation
instruments;
the ability to
schedule training sessions
based on the overall training plan of the
jurisdictional
authority
[
having jurisdiction
];
the ability to
[
and
]
supervise and coordinate the activities of other instructors.
(B) (No change.)
(12) Fire Service Instructor III personnel. The following general position description for Fire Service Instructor III personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Service Instructor III operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.
(A) Qualifications. In addition to successfully completing a
Commission-approved
[
Commission approved
]
course, achieving a passing score on the certification examination,
and meeting the qualifications for Fire Service Instructor II:
the
ability to
develop comprehensive training curricula and programs
for use by single or multiple organizations;
the ability to
conduct
organizational needs analysis; and
the ability to
develop training goals and implementation strategies.
(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 3, 2007.
TRD-200702843
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to §423.3, concerning Minimum Standards for Basic Structure Fire Protection Personnel Certification; §423.5, concerning Minimum Standards for Intermediate Structure Fire Protection Personnel Certification; §423.201, concerning Minimum Standards for Aircraft Rescue Fire Fighting Personnel; §423.203, concerning Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification; §423.209, concerning Minimum Standards for Master Aircraft Rescue Fire Fighting Personnel Certification; §423.301, concerning Minimum Standards for Marine Fire Protection Personnel; §423.303, concerning Minimum Standards for Basic Marine Fire Protection Personnel Certification; §423.305, concerning Minimum Standards for Intermediate Marine Fire Protection Personnel Certification; §423.309, concerning Minimum Standards for Master Marine Fire Protection Personnel Certification. The purpose of the proposed amendments is to update, make grammatical changes and correct any discrepancies in the rules, capitalize the "c" in the word "commission" when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
Subchapter A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
The amendments are proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
No other codes, articles, or statutes are affected by this proposal.
§423.3.Minimum Standards for Basic Structure Fire Protection Personnel Certification.
(a) In order to become certified as basic structure fire protection personnel, an individual must:
(1) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire Fighter I, Fire Fighter II, First Responder Awareness, and First Responder Operations , and meet the medical requirements outlined in §423.1(b) of this title; or
(2) complete a
Commission-approved
[
commission
approved
] basic structure fire suppression program, meet the
medical requirements outlined in §423.1(b), and successfully
pass the
Commission's
[
commission
] examination(s)
as specified in Chapter 439 of this title (relating to Examinations
for Certification). An approved basic structure fire suppression program
shall consist of one or any combination of the following:
(A) completion of a
Commission-approved
[
commission
approved
] Basic Fire Suppression Curriculum, as specified in
Chapter 1 of the
Commission's
[
commission's
]
Certification Curriculum Manual; or
(B) completion of the five phase levels of the approved
Basic Fire Suppression Curriculum, as specified in Chapter 1 of the
Commission's
[
commission's
] Certification Curriculum
Manual; or
(C) completion of an out-of-state
, and/or military
training
program deemed equivalent to the
Commission-approved
[
commission-approved
] basic fire suppression curriculum; or
[(D) completion of a military training program deemed equivalent to a commission-approved basic fire suppression curriculum; or]
(D)
[
(E)
] documentation of the
receipt of an advanced certificate or training records from the State
Firemen's and Fire Marshals' Association of Texas, that is deemed
equivalent to a
Commission-approved
[
commission approved
]
basic fire suppression curriculum.
(b) A basic fire suppression program may be submitted to the
Commission
[
commission
] for approval
by another jurisdiction as required in Texas Government Code, §419.032(d),
Appointment of Fire Protection Personnel. These programs include out-of-state
and military programs and shall be deemed equivalent by the
Commission
[
commission
] if the subjects taught, subject content,
and total hours of training meet or exceed those contained in Chapter
1 of the
Commission's
[
commission's
] Certification
Curriculum Manual.
§423.5.Minimum Standards for Intermediate Structure Fire Protection Personnel Certification.
(a) Applicants for Intermediate Structure Fire Protection Personnel Certification must complete the following requirements:
(1) hold , as a prerequisite , a Basic Structure Fire Protection Personnel Certification as defined in §423.3 of this title (relating to Minimum Standards for Basic Structure Fire Protection Personnel Certification); and
(2) acquire a minimum of four years of fire protection experience and complete the training listed in one of the following options:
(A) Option 1--Successfully complete six semester hours
of fire science or fire technology from an approved Fire Protection
Degree Program and submit documentation as required by the
Commission
[
commission
] that the courses comply with subsections
(b) and (c) of this section; or
(B) - (C) (No change.)
(b) Non-traditional credit awarded at the college level,
such as credit for experience or credit by examination obtained from
attending any school in the
Commission's
[
commission's
]
Certification Curriculum Manual or for experience in [
the
]
fire service, may not be counted toward this level of certification.
(c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 3, 2007.
TRD-200702844
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
37 TAC §§423.201, 423.203, 423.209
The amendments are proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
No other codes, articles, or statutes are affected by this proposal.
§423.201.Minimum Standards for Aircraft Rescue Fire Fighting Personnel.
(a) (No change.)
(b) Personnel appointed as aircraft rescue fire fighting
personnel must be certified to at least the basic level by the
Commission
[
commission
] within one year from their employment
in an aircraft rescue fire fighting personnel position.
(c) Prior to being appointed to aircraft rescue fire suppression duties, all personnel must:
(1) successfully complete a
Commission-approved
[
commission approved
] basic fire suppression course and pass
the
Commission's
[
commission's
] examination
pertaining to that curriculum; and
(2) successfully complete a
Commission-approved
[
commission approved
] basic aircraft rescue fire protection course
and pass the
Commission's
[
commission's
] examination
pertaining to that curriculum.
(d) - (e) (No change.)
(f) Personnel holding any level of aircraft rescue
fire fighting personnel certification shall be required to comply
with the continuing education specified in §441.9 of this title
(relating to Continuing Education [
Requirements
] for Aircraft
Rescue Fire Fighting Personnel).
(g) (No change.)
§423.203.Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification.
(a) In order to obtain basic aircraft rescue fire fighting personnel certification the individual must:
(1) - (2) (No change.)
(3) complete a
Commission-approved
[
commission
approved
] aircraft rescue fire suppression training program
and successfully pass the
Commission
[
commission
]
examination as specified in Chapter 439 of this title (relating to
Examinations for Certification). An approved aircraft rescue fire
suppression training program shall consist of one of the following:
(A)
a
Commission-approved
[
commission approved
] Basic Aircraft Rescue Fire Suppression curriculum
as specified in Chapter 2 of the
Commission's
[
commission's
] Certification Curriculum Manual. [
This course 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
, and/or military
training
program that has been submitted to the
Commission
[
commission
] for evaluation and found to be equivalent to or to exceed
the
Commission-approved
[
commission approved
]
basic aircraft rescue fire suppression curriculum
.
[
;
or
]
[(C) a military training program that has been submitted to the commission for evaluation and found to be equivalent to or to exceed the commission approved basic aircraft rescue fire suppression curriculum;]
(b) 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.
(c) If a person holds a current certification as a part-time aircraft rescue firefighter, the Texas Department of State Health Services emergency care attendant certification may be satisfied by documentation of equivalent training or certification in lieu of current certification by the Texas Department of State Health Services.
§423.209.Minimum Standards for Master Aircraft Rescue Fire Fighting Personnel Certification.
(a) Applicants for Master Aircraft Rescue Fire Fighting Personnel Certification must complete the following requirements:
(1) hold , as a prerequisite , an Advanced Aircraft Rescue Fire Fighting Personnel Certification as defined in §423.207 of this title (relating to Minimum Standards for Advanced Aircraft Rescue Fire Fighting Personnel Certification); and
(2) acquire a minimum of twelve years of fire protection experience, [
and
] 60 college semester hours
,
or
an
associate's
[
associate
] degree, which includes
at least 18 college semester hours in fire science subjects.
(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 3, 2007.
TRD-200702848
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
37 TAC §§423.301, 423.303, 423.305, 423.309
The amendments are proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
No other codes, articles, or statutes are affected by this proposal.
§423.301.Minimum Standards for Marine Fire Protection Personnel.
(a) (No change.)
(b) Fire protection personnel of any local government
entity, who are appointed marine fire protection duties, must be certified
by the
Commission
[
commission
] within one year
from the date of their appointment in a marine fire protection personnel
position.
(c) Prior to being appointed to marine fire suppression duties, all personnel must:
(1) successfully complete a
Commission-approved
[
commission-approved
] basic fire suppression course and pass the
Commission's
[
commission's
] examination
pertaining to that curriculum; and
(2) successfully complete a
Commission-approved
[
commission approved
] basic marine fire suppression course and pass the
Commission's
[
commission's
] examination
pertaining to that curriculum.
(d) Personnel holding any level of Marine Fire Protection
Personnel certification shall be required to comply with the continuing
education specified in §441.11 of this title (relating to Continuing
Education [
Requirements
] for Marine Fire Protection Personnel).
§423.303.Minimum Standards for Basic Marine Fire Protection Personnel Certification.
(a) In order to obtain basic Marine Fire Protection Personnel certification , the individual must:
(1) (No change.)
(2) complete a training program specific to marine fire protection consisting of one of the following:
(A) complete the
Commission-approved
[
commission
approved
] Basic Marine Fire Protection Curriculum as specified in Chapter 3, of the
Commission's
[
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
, and/or military
training
program
that has been submitted to the
Commission
[
commission
] for evaluation and found to be equivalent to or exceed the
Commission-approved
[
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
[
commission
] examination as specified in Chapter 439 of this title (relating
to Examinations for Certification) prior to assignment.
(b) (No change.)
(c) If a person holds a current certification as a part-time marine fire protection personnel, the Texas Department of State Health Services emergency care attendant certification may be satisfied by documentation of equivalent training or certification in lieu of current certification by the Texas Department of State Health Services.
§423.305.Minimum Standards for Intermediate Marine Fire Protection Personnel Certification.
(a) Applicants for Intermediate Marine Fire Protection Personnel Certification must complete the following requirements:
(1) hold , as a prerequisite , a Basic Marine Fire Protection Personnel Certification as defined in §423.303 of this title (relating to Minimum Standards for Basic Marine Fire Protection Personnel Certification); and
(2) acquire a minimum of four years of fire protection experience and complete the training listed in one of the following options:
(A) Option 1--Successfully complete six semester hours
of fire science or fire technology from an approved Fire Protection
Degree Program and submit documentation as required by the
Commission
[
commission
] that the courses comply with subsections
(b) and (c) of this section; or
(B) - (C) (No change.)
(b) Non-traditional credit awarded at the college level,
such as credit for experience or credit by examination obtained from
attending any school in the
Commission's
[
commission's
]
Certification Curriculum Manual or for experience in [
the
]
fire service, may not be counted towards this level of certification.
(c) The training required in this section must be in addition to any training used to qualify for any lower level of Marine Fire Protection Personnel Certification. Repeating a course , or a course of similar content , cannot be used towards this level of certification.
§423.309.Minimum Standards for Master Marine Fire Protection Personnel Certification.
(a) Applicants for Master Marine Fire Protection Personnel Certification must complete the following requirements:
(1) hold , as a prerequisite , an Advanced Marine Fire Protection Personnel Certification as defined in §423.307 of this title (relating to Minimum Standards for Advanced Marine Fire Protection Personnel Certification); and
(2) acquire a minimum of twelve years of fire protection experience, [
and
] 60 college semester hours
,
or
an
associate's
[
associate
] degree, which includes
at least 18 college semester hours in fire science subjects.
(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 3, 2007.
TRD-200702849
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to §425.7, concerning Minimum Standards for Fire Service Instructor III Certification; and §425.11, concerning International Fire Service Accreditation Congress Seal. The purpose of the proposed amendments is to remove expired language; make grammatical changes; correct any discrepancies in the rules, and capitalize the letter "c" in the word "commission" when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
The amendments are proposed under Texas Government Code, §419.033, which provides the Commission with the authority to certify persons at certain levels of certification prescribed by the Commission.
No other articles, codes, or statutes are affected by this proposal.
§425.7.Minimum Standards for Fire Service Instructor III Certification.
(a) In order to become certified as a Fire Service Instructor III an individual must:
(1) (No change.)
(2) have a minimum of three years of experience (as defined in §421.5(43) of this title) in fire protection in one or more or any combination of the following:
(A) (No change.)
(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and
(i) - (ii) (No change.)
(iii) successfully pass the applicable Commission examination as specified in Chapter 439 of this title; and either
(I) - (II) (No change.)
(III) hold an
associate's
[
associate
]
degree from a regionally accredited educational institution.
(b) (No change.)
§425.11.International Fire Service Accreditation Congress Seal.
(a) Individuals [
who hold basic fire service instructor
or basic fire education specialist certification prior to the effective
date of this chapter or individuals
] completing a
Commission-approved
[
commission-approved
] Fire Service Instructor I
training program and passing the applicable state examination after
the effective date of this chapter, may be granted an IFSAC seal for
Instructor I by making application to the
Commission
[
commission
] and paying the applicable fee.
(b) Individuals [
who hold intermediate fire service
instructor, intermediate fire education specialist, or associate instructor
certification prior to the effective date of this chapter or individuals
]
holding an IFSAC Instructor I certification, completing a
Commission-approved
[
commission-approved
] Fire Service Instructor II
training program, and passing the applicable state examination after
the effective date of this chapter, may be granted an IFSAC seal for
Instructor II by making application to the
Commission
[
commission
] and paying the applicable fee.
(c) Individuals [
who hold advanced or master fire
service instructor or advanced or master fire education specialist
certification prior to the effective date of this chapter or individuals
]
holding an IFSAC Instructor II certification, completing a
Commission-approved
[
commission-approved
] Fire Service Instructor III
training program, and passing the applicable state examination after
the effective date of this chapter, may be granted an IFSAC seal for
Instructor III by making application to the
Commission
[
commission
] and paying the applicable fee.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 3, 2007.
TRD-200702845
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
Subchapter A. ON-SITE CERTIFIED TRAINING PROVIDER
(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 (Commission) proposes to repeal, Chapter 427, Training Facility Certification, Subchapter A, On-Site Certified Training Provider, consisting of the following section: §427.15. Testing Procedures. The purpose of the proposed repeal is to remove outdated testing procedures for on-site training providers.
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 fiscal impact on state and local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be to remove outdated testing procedures for on-site training providers. There will be no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed repeal.
Comments regarding this proposed repeal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This repeal is proposed under Texas Government Code, §419.28, which provides the Commission the authority to set Commission standards for training programs and instructors.
Cross reference: There are no statutes, articles or codes affected by this section.
§427.15.Testing Procedures.
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 6, 2007.
TRD-200702879
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to Subchapter A, On-Site Certified Training Provider; consisting of the following sections; §427.18, Live Fire Training Evolutions and §427.19, General Information. The purpose of the proposed amendments is to correct grammatical and punctuation errors, and to capitalize the letter "c" when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
These amendments are proposed under Texas Government Code, §419.28, which provides the Commission with the authority to set Commission standards for training programs and instructors.
Cross reference to statute: Texas Government Code, §419.042.
§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) - (8) (No change.)
(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) - (F) (No change.)
§427.19.General Information.
(a) All Texas certified training facilities shall meet
these minimum requirements. No training credit will be recognized
from a Texas training facility that has not been certified by the
Commission
[
commission
], unless the program has been approved
by the
Commission
[
commission
] as being equivalent.
The
Commission
[
commission
] shall take action
on an application for certification of a training facility within
30 days from receipt.
(b) Certified training facilities shall conduct all
training in a controlled and safe manner so that trainees are not
subjected to unnecessary risks. Texas Government Code, §419.032(c)
provides that fire protection personnel must complete a
Commission-approved
[
commission approved
] training course in fire suppression
before being assigned to fire suppression duties. In addition, certified
training facilities, whether operated by a fire department or other
governmental or private training facility, shall not put trainees
at risk by requiring or allowing a trainee to perform the duties of
fire protection personnel at actual uncontrolled emergency situations
such as, but not limited to, structure fires, aircraft fires, wildland
fires, hazardous materials incidents or dangerous rescue situations.
(c) A certified training facility may transport trainees to the site of an actual emergency for training purposes only if the following requirements are strictly adhered to:
(1)
the
[
The
] trainees are kept
in a group under the direct supervision of qualified instructors to
maintain accountability and ensure their safety;
(2)
the
[
The
] trainees are kept outside of the emergency operations area; and
(3)
the
[
The
] trainees' activities
are restricted to observation only and trainees are not allowed to
participate in emergency operations.
(d) Certified training facilities are subject to inspection by the
Commission
[
commission
] at any time during
regular business hours.
(e) In order to retain the certification as a certified
training facility, schools desiring to make substantial changes in
the facility or other conditions under which the school was approved
shall coordinate such plans with the
Commission
[
commission
].
(f)
The
Commission
[
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
[
commission
]
may revoke, suspend, and/or probate the certification of a training
facility when the
Commission
[
commission
] determines
that the training facility:
(1)
fails
[
Fails
] to provide
the quality of training for which the facility was approved; or
(2)
fails
[
Fails
] to comply with
Commission
[
commission
] rules and/or these minimum
standards; or
(3)
fails
[
Fails
] to submit required
reports in a timely manner or submits false reports to the
Commission
[
commission
]; or
(4)
fails
[
Fails
] to meet at
least a
70-percent
[
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 July 9, 2007.
TRD-200702901
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
(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 (Commission) proposes to repeal, Chapter 427, Training Facility Certification, Subchapter B, Distance Training Provider, consisting of the following section: §427.205, Testing Procedures. The purpose of the proposed repeal is to remove outdated testing procedures for distance training providers.
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 fiscal impact on state and local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be to remove outdated testing procedures for distance training providers. There will be no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed repeal.
Comments regarding this proposed repeal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This repeal is proposed under Texas Government Code, §419.28, which provides the Commission the authority to set Commission standards for training programs and instructors.
There are no statutes, articles or codes affected by this section.
§427.205.Testing Procedures.
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 6, 2007.
TRD-200702880
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to Subchapter B, Distance Training Provider; §427.209, General Information. The purpose of the proposed amendments is to correct grammatical and punctuation errors and to capitalize the letter "c" when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
These amendments are proposed under Texas Government Code, §419.28, which provides the Commission with the authority to set Commission standards for training programs and instructors.
Cross reference to statute: Texas Government Code, §419.042.
§427.209.General Information.
(a) All distance training providers shall meet these
minimum requirements. No training credit will be recognized from a
distance training provider that has not been certified by the
Commission
[
commission
]. The
Commission
[
commission
] shall take action on an application for certification of a
distance training
provider/training
[
provider training
]
facility provider within 30 days from receipt.
(b) Distance training providers conducting on-site programs shall ensure that all training is conducted in a controlled and safe manner so that trainees are not subjected to unnecessary risks. In addition, certified training facilities shall not put trainees at risk by requiring or allowing a trainee to perform the duties of fire protection personnel at actual uncontrolled emergency situations such as, but not limited to, structure fires, aircraft fires, wildland fires, hazardous materials incidents or dangerous rescue situations.
(c) A distance training provider may transport trainees to the site of an actual emergency for training purposes , only if the following requirements are strictly adhered to:
(1)
the
[
The
] trainees are kept in a group under the direct supervision of
qualified
instructors to maintain accountability and ensure their safety;
(2)
the
[
The
] trainees are kept
outside of the emergency operations area: and
(3)
the
[
The
] trainees' activities
are restricted to observation only and trainees are not allowed to
participate in emergency operations.
(d) Distance training providers are subject to inspection by the
Commission
[
commission
] at any time during
regular business hours. Distance training providers shall provide
the
Commission
[
commission
] with access
to
the training facility
to monitor the course in progress.
(e)
The
Commission
[
commission
]
shall be notified, in writing, within 14 days of any change from the
original status under which the certification was issued.
(f)
The
Commission
[
commission
]
may revoke, suspend, and/or probate the certification of training
when the
Commission
[
commission
] determines
that the distance training provider:
(1)
fails
[
Fails
] to provide
the quality of training and education for which the provider was approved;
or
(2)
fails
[
Fails
] to comply with
Commission
[
commission
] rules and/or these minimum
standards; or
(3)
fails
[
Fails
] to submit required
reports in a timely manner or submits false reports to the
Commission
[
commission
]; or
(4)
per course, fails
[
Fails
]
to meet at least a
70-percent
[
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 July 9, 2007.
TRD-200702902
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
Subchapter A. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION BASED ON REQUIREMENTS IN EFFECT PRIOR TO JANUARY 1, 2005
The Texas Commission on Fire Protection (the Commission) proposes an amendment to Subchapter A, Minimum Standards for Fire Inspector Certification Based on Requirements in Effect Prior to January 1, 2005, consisting of the following section: §429.1, Minimum Standards for Fire Inspection Personnel. The purpose of the proposed amendment is to remove outdated information.
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.
Jake Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, there will be no public benefit anticipated as a result of enforcing the amendment. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with this proposed amendment.
Comments regarding this proposed amendment may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.029, which provides the Commission the authority to establish minimum requirements for advanced courses and programs for fire protection personnel.
Cross reference: There are no statutes, articles or codes affected by this section.
§429.1.Minimum Standards for Fire Inspection Personnel.
(a) - (c) (No change.)
(d) Individuals holding any level of fire inspector
certification shall be required to comply with the continuing education
requirements of §441.13 of this title (relating to Continuing
Education [
Requirements
] for Fire Inspection Personnel).
(e) (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 6, 2007.
TRD-200702881
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to Subchapter B, Minimum Standards for Fire Inspector Certification, consisting of the following sections: §429.201, Minimum Standards for Fire Inspection Personnel--New Track; 429.203, Minimum Standards for Basic Fire Inspector Certification--New Track. The purpose of the proposed amendments is to remove expired or outdated information, correct grammatical and punctuation errors, and to capitalize the letter "c" when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
These amendments are proposed under Texas Government Code, §419.029, which provides the Commission the authority to establish minimum requirements for advanced courses and programs for fire protection personnel.
Cross reference: There are no statutes, articles or codes affected by these sections.
§429.201.Minimum Standards for Fire Inspector Personnel--New Track.
(a) - (b) (No change.)
(c) Individuals holding any level of fire inspector
certification shall be required to comply with the continuing education
requirements in §441.13 of this title (relating to Continuing
Education [
Requirements
] for Fire Inspection Personnel).
(d) (No change.)
§429.203.Minimum Standards for Basic Fire Inspector Certification--New Track.
(a) In order to be certified as a basic fire inspector , an individual must:
(1) (No change.)
(2) complete a
Commission-approved
[
commission-approved
] Basic Fire Inspector program and successfully pass the
Commission
[
commission
] examination(s) as specified in Chapter
439 of this title (relating to Examinations for Certification). An
approved basic fire inspection training program shall consist of one
or any combination of the following:
(A) completion of the
Commission-approved
[
commission approved
] Basic Fire Inspector Curriculum, as specified
in Chapter 4 of the
Commission's
[
commission's
]
Certification Curriculum Manual[
, as approved by the commission
in accordance with Chapter 443 of this title (relating to Certification
Curriculum Manual)
]; or
(B) successful completion of an out-of-state
and/or
military
training program which has been submitted to the
Commission
[
commission
] for evaluation and found to meet the
minimum requirements as listed in the
Commission-approved
[
commission approved
] Basic Fire Inspector Curriculum as specified
in Chapter 4 of the
Commission's
[
commission's
]
Certification Curriculum Manual; or
(C) (No change.)
(D) successful completion of a National Fire Academy
program for fire inspection. The program must include the basic course,
Fire Inspection Principles I, and two of the following courses or
their
successors
[
predecessor
]:
(i) - (v) (No change.)
[
(b)
National Fire Academy
courses that replace a course discontinued by the National Fire Academy
may be used towards requirements for certification in place of the
discontinued course.]
(b)
[
(c)
] A person who holds
,
or
is eligible to hold
,
a certificate upon employment as a
part-time fire inspector may be certified as a fire inspector, of
the same level of certification, without meeting the applicable examination
requirements.
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 6, 2007.
TRD-200702882
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to §433.3, Minimum Standards for Driver/Operator-Pumper Certification; §433.5, Examination Requirements. The purpose of the proposed amendments is to move subsection (c) regarding examination, which is for certification and enter it under ''Examination Requirements''; correct grammatical and punctuation errors, and to capitalize the letter ''c'' when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
These amendments are proposed under Texas Government Code, §419.035, which provides the Commission with the authority to propose rules for the administration of examinations for certification.
Cross reference: There are no statutes, articles or codes affected by these sections.
§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
[
commission-approved
] Driver/Operator-Pumper Curriculum and successfully pass the
Commission
[
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
[
commission-approved
] Driver/Operator-Pumper Curriculum as specified in Chapter
7 of the
Commission's
[
commission's
] Certification
Curriculum Manual.
(B) complete an out-of-state training program that
has been submitted to the
Commission
[
commission
]
for evaluation and found to be equivalent to or
exceeds
[
exceed
] the
Commission-approved
[
commission-approved
] Driver/Operator-Pumper Curriculum.
(C) complete a military training program that has been
submitted to the
Commission
[
commission
] for
evaluation and found to be equivalent to or exceeds the
Commission-approved
[
commission-approved
] Driver/Operator-Pumper Curriculum.
(b) Out-of-state or military training programs
,
which
are submitted to the
Commission
[
commission
]
for the purpose of determining equivalency
,
will be considered
equivalent if all competencies set forth in Chapter 7 (pertaining
to Driver/Operator-Pumper) of the
Commission's
[
commission's
] Certification Curriculum Manual are met.
[
(c)
No individual will
be permitted to take the commission examination for driver/operator-pumper
unless the individual documents, as a minimum, completion of NFPA
1001 Fire Fighter I training.]
§433.5.Examination Requirements.
(a) - (b) (No change.)
(c) No individual will be permitted to take the Commission examination for driver/operator-pumper unless the individual documents, as a minimum, the completion of the NFPA 1001 Fire Fighter I 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 July 6, 2007.
TRD-200702883
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3638
The Texas Commission on Fire Protection (the Commission) proposes an amendment to §435.3, Self-contained Breathing Apparatus. The purpose of the proposed amendment is to ensure the safety of the end user by making sure that all self-contained breathing apparatus is updated and meets the current standards in effect at the time the entity contracts for new, rebuilt or used, self-contained breathing apparatus per the requirements of the National Fire Protection Association's standards. The Commission filed a previous emergency amendment with a Texas Register issue date of June 22, 2007.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.01, which provides the Commission with the authority to propose rules administered regarding self-contained breathing apparatus safety for fire protection personnel.
Cross reference to statute: There are no statutes, articles or codes affected by this section.
§435.3. Self-Contained [ Self-contained ] Breathing Apparatus.
The employing entity shall:
(1) (No change.)
(2) ensure that all self-contained breathing apparatus used by fire protection personnel complies with the minimum standards of the National Fire Protection Association identified in NFPA 1981, Standard on Open-Circuit Self-contained Breathing Apparatus for Fire Fighters:
(A) the National Fire Protection Association standard applicable to a self-contained breathing apparatus is the standard in effect at the time the entity contracts for new, rebuilt, or used self-contained breathing apparatus;
(B) an entity may continue to use a self-contained breathing apparatus that meets the requirements of an earlier edition of NFPA 1981, unless the commission determines that the continued use of the self-contained breathing apparatus constitutes an undue risk to the wearer, in which case the commission shall order that the use be discontinued and shall set an appropriate date for compliance with the revised standard;
(3) - (6) (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 6, 2007.
TRD-200702884
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to §435.19, Commission Enforcement of Chapter 435. The purpose of the proposed amendment is to make it known to fire departments, throughout the state of Texas, that there will be no prior notification regarding inspections; grammatical and punctuation corrections, and capitalize the letter "c" in the word "commission".
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
Cross Reference: There are no statutes, articles or codes affected by this section.
§435.19.[ Commission ] Enforcement of Commission Rules [ Of Chapter 435 ].
(a) The
Commission
[
commission
]
shall enforce
all Commission rules
[
Chapter 435
]
at anytime, including, but not limited to,
Commission
[
commission
] investigations, fire department inspections, or upon receiving
a written complaint
from an identified person or entity
of
an alleged infraction of
a Commission rule.
[
Chapter
435.
]
(b) The Commission shall not provide prior notification of an inspection to a fire department.
(c)
[
(b)
] Upon receipt of a
signed
[
written
] complaint alleging a violation of
a
Commission rule;
[
Chapter 435
] the
Commission
[
commission
] shall have 30 days to initiate an investigation
and report back to the complainant its progress.
(d)
[
(c)
] Upon substantiating
the validity of a written complaint, the
Commission
[
commission
] shall follow the procedures outlined in Government Code, Chapter
419, §419.011(b) and (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 July 6, 2007.
TRD-200702885
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to §437.13, Basic Certification Examination Fees. The purpose of the proposed amendment is for grammatical and punctuation corrections and to capitalize the letter "c" when referring to the Texas Commission on Fire Protection.
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.
Jake Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, there will be no public benefit anticipated as a result of enforcing the amendment. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with this proposed amendment.
Comments regarding this proposed amendment may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.026, which provides the Commission with the authority to set and collect fees for certificates.
Cross reference to statute: There are no statutes, articles or codes affected by this section.
§437.13.Basic Certification Examination Fees.
(a) A non-refundable processing fee of $15 shall be
charged for each written or performance skill examination administered
by the
Commission
[
commission
].
(b) Academy testing fees will be paid in advance with the students' application to test or be billed after the state testing has been completed. The exceptions to this rule are:
(1) individual walk-ins; and
(2)
retesting of a failed skill
[
skills
retests
] administered the same day.
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 6, 2007.
TRD-200702886
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
(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 (Commission) proposes to repeal, Chapter 437, Fees, consisting of the following section: §437.19, Late Filing Penalty. The purpose of the proposed repeal is to eliminate any late filing fee penalties.
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 fiscal impact on state and local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed repeal is in effect, there will be no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed repeal.
Comments regarding this proposed repeal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This repeal is proposed under Texas Government Code, §419.026, which provides the TCFP with the authority to charge fees.
Cross reference: There are no statutes, articles or codes affected by this code.
§437.19.Late Filing Penalty.
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 6, 2007.
TRD-200702887
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter 451, Fire Officer; Subchapter A, Minimum Standards for Fire Officer I, consisting of the following chapters: §451.3, Minimum Standards for Fire Officer I Certification; Subchapter B, §451.203, Minimum Standards for Fire Officer II Certification, and §451.207, International Fire Service Accreditation Congress (IFSAC) Seal. The purpose of the proposed amendments is to remove redundant information; to make any grammatical or punctuation corrections and to capitalize the letter "c" when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
Subchapter A. MINIMUM STANDARDS FOR FIRE OFFICER I
These amendments are proposed under Texas Government Code, §419.032, which provides the Commission with the authority to set minimum standards for fire protection personnel examinations and certification.
Cross reference to statute: There are no statutes, articles or codes affected by this section.
§451.3.Minimum Standards for Fire Officer I Certification.
(a) In order to be certified as a Fire Officer I an individual must:
(1) (No change.)
(2) hold Fire Service Instructor I certification through
the
Commission
[
commission
]; and
(A) (No change.)
(B) complete a
Commission-approved
[
commission
approved
] Fire Officer I program and successfully pass the
Commission
[
commission
] examination as specified in Chapter
439 of this title (relating to Examinations for Certification). An
approved Fire Officer I program must consist of one of the following:
(i) completion of a
Commission
[
commission
] approved Fire Officer I Curriculum as specified in Chapter
9 of the commission's Certification Curriculum Manual;
(ii) completion of an out-of-state
and/or military
training
program that has been submitted to the
Commission
[
commission
] for evaluation and found to be equivalent to or exceed the
Commission-approved
[
commission approved
] Fire Officer I Curriculum;
or
[(iii) completion of a military training program that has been submitted to the commission for evaluation and found to be equivalent or exceed the commission approved Fire Officer I Curriculum; or]
(iii)
[
(iv)
] successful completion
of 15 college semester hours consisting of the following courses or
their equivalent:
(I) - (V) (No change.)
(b) Out-of-state or military training programs which
are submitted to the
Commission
[
commission
]
for the purpose of determining equivalency will be considered equivalent
if all competencies set forth in Chapter 9 (pertaining to Fire Officer
I) of the commission's Certification Curriculum Manual are met.
(c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 2007.
TRD-200702888
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
These amendments are proposed under Texas Government Code, §419.032, which provides the Commission with the authority to set minimum standards for fire protection personnel examinations and certification.
Cross reference to statute: There are no statures, articles or codes affected by this section.
§451.203.Minimum Standards for Fire Officer II Certification.
(a) In order to be certified as a Fire Officer II an individual must:
(1) (No change.)
(2) hold Fire Officer I certification through the
Commission
[
commission
]; and
(3) hold, as a minimum, Fire Service Instructor I certification
through the
Commission
[
commission
]; and
(A) (No change.)
(B) complete a
Commission-approved
[
commission
approved
] Fire Officer II program and successfully pass the
Commission
[
commission
] examination as specified in Chapter
439 of this title (relating to Examinations for Certification). An
approved Fire Officer II program must consist of one of the following:
(i) completion of a
Commission-approved
[
commission
approved
] Fire Officer II Curriculum as specified in Chapter
9 of the
Commission's
[
commission's
] Certification
Curriculum Manual;
(ii) completion of an out-of-state
and/or military
training
program that has been submitted to the
Commission
[
commission
] for evaluation and found to be equivalent to or exceed the
Commission-approved
[
commission approved
] Fire Officer II Curriculum;
or
(iii) completion of a military training program that has been submitted to the commission for evaluation and found to be equivalent or exceed the commission approved Fire Officer II Curriculum; or]
(iii)
[
(iv)
] successful completion
of 18 college semester hours consisting of the following courses or
their equivalent:
(I) - (VI) (No change.)
(b) Out-of-state or military training programs which
are submitted to the
Commission
[
commission
]
for the purpose of determining equivalency will be considered equivalent
if all competencies set forth in Chapter 9 (pertaining to Fire Officer
[
II
]) of the
Commission's
[
commission's
]
Certification Curriculum Manual are met.
(c) (No change.)
§451.207.International Fire Service Accreditation Congress (IFSAC) Seal.
(a) Individuals holding a current
Commission
[
commission
] Fire Officer II certification received prior to
March 10, 2003, may be granted an International Fire Service Accreditation
Congress (IFSAC) seal as a Fire Officer II by making application to
the commission for the IFSAC seal and paying applicable fees.
(b) Individuals completing a
Commission-approved
[
commission approved
] Fire Officer II program; documenting IFSAC
seals for Fire Fighter II
, Instructor I
and Fire Officer
I; [
holding, as a minimum, Instructor I certification or associate
instructor certification through the commission, or documenting an
IFSAC seal as an Instructor I;
] and passing the applicable state
examination, may be granted an IFSAC seal as a Fire Officer II by
making application to the
Commission
[
commission
]
for the IFSAC seal and paying applicable fees.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 2007.
TRD-200702889
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to §453.1, Hazardous Materials Technician Certification; §453.3, Minimum Standards for Hazardous Materials Technician Certification; and §453.5, Examination Requirements. The purpose of the proposed amendments is to clarify qualifications for hazardous materials technicians; to make grammatical or punctuation corrections and to capitalize the letter "c" when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, there will be no public benefit anticipated as a result of enforcing the amendments. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
These amendments are proposed under Texas Government Code, §419.029, which provides the Commission with the authority to establish curriculum requirements for training fire protection personnel.
Cross reference to statute: There are no statutes, articles or codes affected by this section.
§453.1.Hazardous Materials Technician Certification.
(a) A hazardous materials technician is defined as an individual who performs emergency response to an occurrence which results in, or is likely to result in, an uncontrolled release of a hazardous substance where there is a potential safety or health hazard (i.e., fire, explosion, or chemical exposure). A hazardous materials technician responds to such occurrences and is expected to perform work to handle and control (stop, confine, or extinguish) actual or potential leaks or spills. The hazardous materials technician assumes a more aggressive role than a first responder at the operations level , in that , the hazardous materials technician will approach the point of release. The hazardous materials technician is expected to use specialized chemical protective clothing (CPC) and specialized control equipment.
(b) All individuals holding a hazardous materials technician
certification shall be required to comply with the continuing education
requirements in §441.17 of this title (relating to Continuing
Education [
Requirements
] for Hazardous Materials Technician).
§453.3.Minimum Standards for Hazardous Materials Technician Certification.
(a) In order to be certified as a
hazardous materials
technician
[
Hazardous Materials Technician
] an individual
must:
(1) - (2) (No change.)
(3) complete a
Commission-approved
[
commission
approved
] hazardous materials technician program and successfully
pass the
Commission
[
commission
] examination
as specified in Chapter 439 of this title (relating to Examinations
for Certification). An approved hazardous materials technician program
must consist of one of the following:
(A) completion of a
Commission-approved hazardous
materials technician curriculum
[
commission approved Hazardous
Materials Technician Curriculum
] as specified in Chapter 6 of
the
Commission's
[
commission's
] Certification
Curriculum Manual.
(B) completion of an out-of-state
and/or military
training program that has been submitted to the
Commission
[
commission
] for evaluation and found to be equivalent to
,
or
exceed
,
the
Commission-approved
[
commission
approved
] Hazardous Materials Technician Curriculum.
[
(C)
completion of a military program
that has been submitted to the commission for evaluation and found
to be equivalent to or exceed the commission approved Hazardous Materials
Technician Curriculum.
]
(b) Out-of-state or military training programs
,
which
are submitted to the
Commission
[
commission
]
for the purpose of determining equivalency
,
will be considered
equivalent if all competencies set forth in Chapter 6 (pertaining
to Hazardous Materials Technician) of the
Commission's
[
commission's
] Certification Curriculum Manual are met.
[
(c)
No individual will be permitted
to take the commission examination for hazardous materials technician
unless the individual documents completion of the first responder
awareness and operations level training as required by Chapter 1,
Basic Fire Suppression, of the commission's Certification Curriculum
Manual.
]
§453.5.Examination Requirements.
(a) The written examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive a Hazardous Materials Technician certification.
(b) Performance skills must meet the requirements in Chapter 439.
(c) No individual will be permitted to take the Commission examination for hazardous materials technician unless the individual documents completion of the first responder awareness and operations level training as required by Chapter 1, Basic Fire Suppression, of the Commission's Certification Curriculum Manual.
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 6, 2007.
TRD-200702890
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to §491.1, Election of Components for Voluntary Regulation. The purpose of the proposed amendments is to simplify references to the Commission's authority regarding voluntary regulation of state agencies and employees; to make grammatical and punctuation corrections and to capitalize the letter ''c'' when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, the public will benefit because the current standards regarding existing rules will be better clarified. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.083, which allows state agencies/employees to apply to the Commission for regulation of training of fire protection personnel.
Cross reference to statute: There are no statutes, articles or codes affected by this section.
§491.1.Election of Components for Voluntary Regulation.
A state agency
,
or state employee
,
eligible
for regulation under the Texas Government Code, §419.083, may
apply to the
Commission
[
commission
] for regulation. The agency or individual must submit an application
to the Commission
for regulation under one or more components of the Commission's regulatory
authority.
[
that elects regulation under one or more of the following components:
]
[
(1)
standards for certification and continuing education;]
[
(2)
standards for structure fire protection personnel certification;]
[
(3)
standards for certified training facilities;]
[
(4)
standards for aircraft rescue fire fighting personnel certification;]
[
(5)
standards for marine fire protection personnel certification;]
[
(6)
standards for fire instructor certification;]
[
(7)
standards for fire inspector certification;]
[
(8)
standards for fire investigation certification; and]
[
(9)
standards for protective clothing.]
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 6, 2007.
TRD-200702891
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
(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 (Commission) proposes to repeal, Chapter 491, Voluntary Regulation of State Agencies and State Agency Employees, consisting of the following section: §491.7, Certification. The purpose of the proposed rule is that the present rule, §491.1, is already covered in individual chapters in our standards manual relating to that part of the certification process.
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 fiscal impact on state and local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be current and updated rules. There will be no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed repeal.
Comments regarding this proposed repeal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This repeal is proposed under Texas Government Code, §419.083, which allows state agencies/employees to apply to the Commission for regulation of training of fire protection personnel.
Cross reference to statute: There are no statutes, articles or codes affected by this section.
§491.7.Certification.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 2007.
TRD-200702892
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter 493, Voluntary Regulation of Federal Agencies and Federal Fire Fighters; §493.1, Election of Components for Voluntary Regulation. The purpose of the proposed amendment is to simplify references to the Commission's authority regarding regulation of federal agencies and federal fire fighters; to make grammatical and punctuation corrections and to capitalize the letter ''c'' when referring to the Texas Commission on Fire Protection.
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 or local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed amendments are in effect, the public will benefit because the current standards regarding existing rules will be better clarified. There are no additional costs of compliance for small or large businesses or individuals that are required to comply with these proposed amendments.
Comments regarding these proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register 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 will be reviewed and discussed at a future Commission meeting.
This amendment is proposed under Texas Government Code, §419.084, which allows federal agencies/fire fighters to apply to the Commission for regulation of training for fire protection personnel.
Cross reference to statute: There are no statutes, articles or codes affected by this section.
§493.1.Election of Components for Voluntary Regulation.
A federal agency or federal fire fighter eligible for regulation
under the Texas Government Code, §419.084, may apply to the
Commission
[
commission
] for regulation. The agency or individual
must submit an application
to the Commission for regulation under
one or more components of the Commission's regulatory authority.
[
that elects regulation under one or more of the following components:
[
(1)
standards for certification and continuing education;]
[
(2)
standards for structure fire protection personnel certification;]
[
(3)
standards for certified training facilities;]
[
(4)
standards for aircraft rescue fire fighting personnel certification;]
[
(5)
standards for marine fire protection personnel certification;]
[
(6)
standards for fire instructor certification;]
[
(7)
standards for fire inspector certification;]
[
(8)
standards for fire investigation certification;]
[
(9)
standards for protective
clothing; and]
[
(10)
standards for self-contained breathing apparatus.]
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 6, 2007.
TRD-200702893
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838
(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 (Commission) proposes to repeal, Chapter 493, Voluntary Regulation of Federal Agencies and Federal Fire Fighters, consisting of the following section: §493.7, Certification. The purpose of the proposed rule is that the present rule, §493.1, is already covered in individual chapters in our standards manual relating to that part of the certification process.
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 fiscal impact on state and local governments.
Jake Soteriou has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be current and updated rules. There will be no additional costs of compliance for small or large businesses or individuals that are required to comply with the proposed repeal.
Comments regarding this proposed repeal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email at info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
This repeal is proposed under Texas Government Code, §419.084, which allows federal agencies/fire fighters to apply to the Commission for regulation of training for fire protection personnel.
Cross reference to statute: There are no statutes, articles or codes affected by this section.
§493.7.Certification.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 2007.
TRD-200702894
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 936-3838