TITLE 37. PUBLIC SAFETY AND CORRECTIONS

Part 13. TEXAS COMMISSION ON FIRE PROTECTION

Chapter 423. FIRE SUPPRESSION

The Texas Commission on Fire Protection (the Commission) proposes amendments to §423.203, Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification; and §423.303, Minimum Standards for Basic Marine Fire Protection Personnel Certification. The purpose of the proposed amendments are to delete obsolete language referring to part-time certification for aircraft rescue firefighters and part-time certification for marine fire protection personnel. There is no longer any part-time certifications for fire protection personnel.

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.

Mr. 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.

Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL

37 TAC §423.203

These 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.

Cross reference to statute: Texas Government Code, Chapter 419.

§423.203.Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification.

(a) In order to obtain a Basic Aircraft Rescue Fire Fighting Personnel Certification the individual must:

(1) hold a Basic Structure Fire Protection Personnel Certification; and

(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as an Airport Fire Fighter; or

(3) complete a Commission-approved aircraft rescue fire suppression training program and successfully pass the 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 Basic Aircraft Rescue Fire Suppression Curriculum as specified in Chapter 2 of the Commission's Certification Curriculum Manual; or

(B) an out-of-state and/or military training program that has been submitted to the Commission for evaluation and found to be equivalent to or exceeds the Commission-approved Basic Aircraft Rescue Fire Suppression Curriculum; or

(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.]

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 January 30, 2008.

TRD-200800534

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: March 16, 2008

For further information, please call: (512) 936-3813


Subchapter C. MINIMUM STANDARDS FOR MARINE FIRE PROTECTION PERSONNEL

37 TAC §423.303

These 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.

Cross reference to statute: Texas Government Code, Chapter 419.

§423.303.Minimum Standards for Basic Marine Fire Protection Personnel Certification.

(a) In order to obtain a basic Marine Fire Protection Personnel Certification the individual must:

(1) hold a Basic Structure Fire Protection Personnel Certification:

(2) complete a training program specific to marine fire protection consisting of one of the following:

(A) complete the Commission-approved Basic Marine Fire Protection Curriculum as specified in Chapter 3, of the Commission's Certification Curriculum Manual.

(B) An out-of-state and/or military training program that has been submitted to the Commission for evaluation and found to be equivalent to or exceed the Commission-approved Basic Marine Fire Protection Curriculum; or

(3) successfully pass the Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification) prior to assignment.

(b) A person who holds, or is eligible to hold, a certificate upon employment as a part-time marine fire protection personnel may be certified as a marine fire protection personnel, of the same level of certification, without meeting the applicable examination requirements.

[ (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.]

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 January 30, 2008.

TRD-200800535

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: March 16, 2008

For further information, please call: (512) 936-3813


Chapter 449. HEAD OF A FIRE DEPARTMENT

37 TAC §449.1

The Texas Commission on Fire Protection (the Commission) proposes amendments to §449.1, Minimum Standards for the Head of a Fire Department. The purpose of the proposed amendment is to clarify when an individual appointed as head of a department becomes eligible to be certified and the documentation that must be submitted verifying that eligibility.

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.

Mr. 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.

These 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.

Cross reference to statute: Texas Government Code, Chapter 419.

§449.1.Minimum Standards for the Head of a Fire Department.

(a) An individual who becomes employed and is assigned as the head of a fire department [ , on or after March 1, 1999, ] must be certified by the commission as head of a fire department, within one year of appointment.

(b) An individual appointed head of a department must be eligible to be certified at the time of appointment or will become eligible to be certified within one year of the appointment and must submit an affidavit verifying eligibility status at the time of the appointment if not holding a Commission certification.

(c) [ (b) ] Holding the head of a fire department certification does not qualify an individual for any other certification. An individual who seeks certification in another discipline must meet the requirements for that discipline.

(d) [ (c) ] Nothing contained in this chapter shall be construed to supercede Chapter 143, Local Government Code, in regard to appointment of a head of a fire department.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 30, 2008.

TRD-200800536

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: March 16, 2008

For further information, please call: (512) 936-3813