TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 421. STANDARDS FOR CERTIFICATION

37 TAC §421.5

The Texas Commission on Fire Protection (the Commission) adopts an amendment to §421.5, concerning Definitions. This amendment is adopted without changes to the proposed text published in the November 14, 2008, issue of the Texas Register (33 TexReg 9205) and will not be republished.

This amendment allows the Commission to accept college courses from an institution that has been accredited by a nationally recognized accrediting agency as approved by the U.S. Secretary of Education.

No comments were received from the public regarding the proposed amendment.

This amendment is adopted under §419.028 of the Texas Government Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 3, 2009.

TRD-200900412

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: February 23, 2009

Proposal publication date: November 14, 2008

For further information, please call: (512) 936-3838


CHAPTER 435. FIRE FIGHTER SAFETY

37 TAC §435.1

The Texas Commission on Fire Protection (the Commission) adopts an amendment to §435.1, concerning Fire Fighter Safety. This amendment is adopted without changes to the proposed text published in the November 14, 2008, issue of the Texas Register (33 TexReg 9205) and will not be republished.

This amendment allows the Commission to offer a method which enables the fire service to prolong the in-service life of protective clothing that must be retired at 10 years from the date of manufacture as required by the National Fire Protection Association Standard 1851 - 2008 Edition ("Standard 1851"). The revised edition of the standard went into effect on June 24, 2007, and pursuant to §419.040 Texas Government Code, ultimately must be placed in effect for the fire service in Texas. The Commission is also proposing to remove the reference to the product identified as BREATHE-TEX®, manufactured by Aldan Engineered Coated Fabrics, used as a moisture barrier in some protective clothing. The company had identified the product as defective and the Commission mandated the BREATHE-TEX® vapor barrier not be used in Texas. Aldan Engineering Coated Fabrics ceased manufacturing BREATHE-TEX® in 1992 and subsequently went out of business.

No comments were received from the public regarding the proposed amendment.

This amendment is adopted under §419.008 of the Texas Government Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 3, 2009.

TRD-200900413

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Effective date: February 23, 2009

Proposal publication date: November 14, 2008

For further information, please call: (512) 936-3838