Part 13. TEXAS COMMISSION ON FIRE PROTECTION
Chapter 429. MINIMUM STANDARDS FOR FIRE INSPECTORS
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 Chapter 429, Minimum Standards for Fire Inspectors, Subchapter A, §429.3, Minimum Standards for Basic Fire Inspector Certification. The purpose of this proposed amendment is to delete unnecessary and confusing language concerning the certification of part-time fire inspectors, and to correct grammatical errors.
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, an expected public benefit will be clarity for enforcement purposes. 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, §419.008, 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, §419.028.
§429.3.Minimum Standards for Basic Fire Inspector Certification.
[(a)]In order to be certified by the
Commission [commission] as a Basic Fire Inspector
, an individual must complete a Commission-approved [
commission approved
] Basic Fire Inspector Curriculum dated prior to January 1, 2005,
and successfully pass the Commission [commission
] examination as specified in Chapter 439 of this
title (relating to Examinations for Certification).
[(b) 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 May 19, 2008.
TRD-200802606
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 29, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes an amendment to Chapter 429, Minimum Standards for Fire Inspectors, Subchapter B, §429.203, Minimum Standards for Basic Fire Inspector Certification--New Track. The purpose of this proposed amendment is to delete language referring to the Commission as certifying part-time fire inspectors; the Commission does not certify part-time fire inspectors.
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, §419.008, 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, §419.028.
§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) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as an Inspector I, Inspector II, and Plans Examiner I; or
(2) complete a Commission-approved Basic Fire Inspector program and successfully pass the 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 Basic Fire Inspector Curriculum, as specified in Chapter 4 of the Commission's Certification Curriculum Manual; or
(B) successful completion of an out-of-state and/or military training program which has been submitted to the Commission for evaluation and found to meet the minimum requirements as listed in the Commission-approved Basic Fire Inspector Curriculum as specified in Chapter 4 of the Commission's Certification Curriculum Manual; or
(C) successful completion of the following college courses:
(i) Fire Protection Systems, three semester hours;
(ii) Fire Prevention, three semester hours; or Fire Prevention Codes and Investigations, three semester hours;
(iii) Building Code, three semester hours;
(iv) Building Construction, three semester hours;
(v) Hazardous Materials, three semester hours. (Total semester hours, 15*. NOTE: Building Code and Building Construction may be combined into a single three-semester hour class. If this is the case, the total semester hours may be reduced to 12. Hazardous Materials I or II may be used to satisfy the requirements of Hazardous Materials); or
(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:
(i) Fire Prevention Specialist II; or
(ii) Plans Review for Inspectors; or
(iii) Code Management: A Systems Approach; or
(iv) Management of Fire Prevention Programs; or
(v) Strategic Analysis of Fire Prevention Programs.
[(b) 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 May 19, 2008.
TRD-200802607
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 29, 2008
For further information, please call: (512) 936-3838
Subchapter A. MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION
The Texas Commission on Fire Protection (the Commission) proposes an amendment to Chapter 431, Fire Investigation, Subchapter A, Minimum Standards for Arson Investigator Certification, §431.3, Minimum Standards for Basic Arson Investigator Certification. The purpose of the proposed amendment is to delete unnecessary and confusing language concerning the certification of part-time arson investigators, and to correct grammatical errors.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the proposed amendment is in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, the expected benefit will be clarity for enforcement purposes.
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, §419.008, 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, §419.0321.
§431.3.Minimum Standards for Basic Arson Investigator Certification.
[(a)] In order to be certified by the
Commission [commission
] as a Basic Arson Investigator an individual must:
(1) possess a current basic peace officer's license from the Texas Commission on Law Enforcement Officer Standards and Education or documentation that the individual is a federal law enforcement officer;
(2) hold a current Commission [commission]
as a peace officer with the employing entity for which the arson investigations
will be done; and
(3) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire Investigator; or
(4) complete a Commission-approved [commission approved
] basic fire investigation training program and successfully
pass the Commission [commission] examination
as specified in Chapter 439 of this title (relating to Examinations
for Certification). An approved fire investigation training program
shall consist of one of the following:
(A) completion of the Commission-approved [commission approved
] Fire Investigator Curriculum, as specified
in Chapter 5 of the Commission's [commission's]
Certification Curriculum Manual;
(B) successful completion of a National Fire Academy program for fire investigation. The program must include the basic course, Fire Arson Investigation, and two of the following courses or their predecessor:
(i) Arson Detection;
(ii) Fire Cause Determination for Company Officers;
(iii) Initial Fire Investigation; or
(iv) Management of Arson Prevention and Control.
(C) successful completion of an out-of-state 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
] Fire Investigator Curriculum as specified in Chapter 5 of
the Commission's [commission's] Certification
Curriculum Manual; or
(D) successful completion of the following college
courses: Arson Investigator, 3 semester hours; Hazardous Materials,
3 semester hours; Building Construction, 3 semester hours; Fire Protection
Systems, 3 semester hours. Total semester hours, 12. The
three-semester [three semester
] hour course "Building Codes and
Construction" may be substituted for Building Construction. Arson
Investigator I or II may be used to satisfy the requirements of Arson
Investigation. Hazardous Materials I or II may be used to satisfy
the requirements of Hazardous Materials.
[(b) A person who holds
or is eligible to hold a certificate upon employment as a part-time
arson investigator may be certified as an arson investigator, 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 May 19, 2008.
TRD-200802608
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 29, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes an amendment to Chapter 431, Fire Investigation, Subchapter B, Minimum Standards for Fire Investigator Certification, §431.203, Minimum Standards for Fire Investigator Certification. The purpose of the proposed amendment is to delete unnecessary and confusing language concerning the certification of part-time fire investigators.
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 an expected public benefit will be clarity for enforcement purposes. 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, §419.008, 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, §419.0321.
§431.203.Minimum Standards for Fire Investigator Certification.
(a) In order to be certified by the Commission [
commission] as a Fire Investigator an individual must complete
the requirements specified in §431.3(a)(3) or (4) of this title
(relating to Minimum Standards for Basic Arson Investigator Certification).
[(b) A person who holds or is eligible
to hold a certificate upon employment as a part-time fire investigator
may be certified as a full-time fire investigator without meeting
the applicable examination requirements.]
(b) [(c)] A person who holds
or is eligible to hold a certificate as a Fire Investigator may be
certified as an Arson Investigator by meeting the requirements of
Chapter 431, Subchapter A, but shall not be required to repeat the
applicable examination requirements.
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 May 19, 2008.
TRD-200802611
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 29, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter 435, Fire Fighter Safety, §435.3, Self-Contained Breathing Apparatus. The purpose of the proposed amendment is to change the method of referring to the most recent editions of the NFPA Standards, and to correct grammatical errors.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period the proposed amendment is in effect there will be no fiscal impact on state or local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, an expected public benefit of enforcing the amendments is use of enforcement. 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, §419.008, 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, §419.041.
§435.3.Self-Contained Breathing Apparatus.
The employing entity shall:
(1) purchase, provide, and maintain a complete self-contained
breathing apparatus for each on-duty [on duty]
fire protection personnel who engage in operations where IDLH atmospheres
may be encountered, where the atmosphere is unknown or would be exposed
to hazardous atmospheres from fire or other emergencies or where the
potential for such exposure exists;
(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) (No change.)
(B) an entity may continue to use a self-contained
breathing apparatus in use or contracted for before a change
in the National Fire Protection Association standard [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) develop an air quality program that complies with
the most recent edition of the NFPA 1989 Standard on Breathing
Air Quality for [Fire and
] Emergency Services Respiratory Protection [(2003 edition)];
(4) - (5) (No change.)
(6) maintain[,] and provide upon request
by the Commission, a department standard operating procedure regarding
the selection, care, and maintenance of self-contained breathing apparatus
that complies with the most recent edition of the NFPA
1852 Standard on Selection, Care, and Maintenance of Open-Circuit
Self-Contained Breathing Apparatus (SCBA) [2002 Edition].
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 May 19, 2008.
TRD-200802609
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 29, 2008
For further information, please call: (512) 936-3838
Subchapter A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
The Texas Commission on Fire Protection (the Commission) proposes amendments to Chapter 439, Examinations for Certification, Subchapter A, §439.15, Testing for Proof of Proficiency, and §439.17, Testing for Certification Status. The purpose of the proposed amendments are to change the standards for renewal of an individual certificate once the certificate has expired and to make grammatical changes.
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, an expected public benefit will be clarity for enforcement purposes. 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, §419.034.
§439.15.Testing for Proof of Proficiency.
(a) An individual whose certificate has been expired for one year or longer may not renew the certificate that was previously held.
(b) The individual may obtain a new certificate in
the discipline which was previously held by passing a
Commission [commission
] proficiency examination pertaining to the discipline held. [
If performance skills are part of the proficiency examination,
the individual may be exempted from that portion of the examination
by documenting twenty hours of continuing education for each year
since the expiration of the certificate for a maximum of five years.
Individuals taking the exam based on the Basic Fire Suppression Curriculum
do not have to show proof of medical training. The continuing education
training must be done within the most recent five years and must be
in subjects contained in the basic curriculum for the discipline.
At least one-half of the continuing education must be hands-on performance
skills. The training must be conducted as specified in Chapter 441
of this title (relating to Continuing Education).]
(c) An individual or entity may petition the Commission [
commission] for a waiver of the examination required
by this section if the person's certificate expired because of the
individual or employing entity's good faith clerical error, or expired
as a result of termination of the person's employment where the person
has been restored to employment through a disciplinary procedure or
a court action. All required renewal fees including applicable late
fees and all required continuing education must be submitted before
the waiver request may be considered.
(1) Applicants claiming good faith clerical error must
submit a sworn statement together with any supporting documentation
that evidences the applicant's good faith efforts to comply with
Commission [commission
] renewal requirements and that failure
to comply was due to circumstances beyond the control of the applicant.
(2) Applicants claiming restoration to employment as a result of a disciplinary or court action must submit a certified copy of the order restoring the applicant to employment.
§439.17.Testing for Certification Status.
(a) If an individual who has never held certification in a discipline defined in §421.5 of this title, seeks certification in that discipline, the individual shall:
(1) complete all certification requirements; and
(2) complete the examination process pertaining to
that discipline. All portions of an examination must be passed before
the individual is considered to have passed the examination. [If
it has been less than four years since an individual passed the performance
skills portion of an examination pertaining to a discipline, the individual
may be exempted from that portion of the examination if the individual
can document twenty hours of continuing education for each year since
the individual last passed the performance skills portion of an examination
pertaining to the discipline. The continuing education must be in
subjects contained in the curriculum for the discipline. At least
one-half of the continuing education must be hands-on performance
skills. The training must be conducted as specified in Chapter 441
of this title (relating to Continuing Education).]
(b) If an individual completes an approved training
program that has been evaluated and deemed equivalent to a certification
curriculum approved by the Commission [commission],
such as an out-of-state or military training program or a training
program administered by the State Firemen and Fire Marshals' Association
of Texas, the individual must pass a Commission [commission
] examination for certification status and meet any other certification
requirements in order to become eligible for certification by the
Commission [commission] as fire protection personnel.
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 May 19, 2008.
TRD-200802610
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 29, 2008
For further information, please call: (512) 936-3838