PART 13. TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 421. STANDARDS FOR CERTIFICATION
The Texas Commission on Fire Protection (Commission) proposes amendments to Chapter 421, Standards for Certification, §421.5, Definitions. The purpose of the proposed amendments to §421.5 is to acknowledge and accept the State Firemen and Fire Marshals' Association Level II Instructor certification by individuals received on or after June 1, 2008, or Instructor I certification received on or after June 1, 2008. The Commission will credit the time the individual has held the new certification if issued after the effective date. Concerning §421.17, Requirement to Maintain Certification, an individual whose certificate has been expired for one year or longer may not renew the certificate that was previously held. To obtain a new certification, an individual must meet the requirements in §439.1 of this title (relating to Requirements--General).
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period these 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 these proposed amendments are in effect, there will be a better understanding by the public of certificates issued by the State Firemen and Fire Marshals' Association that are recognized by the Commission.
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, Chapter 419, Subchapter B, Regulation and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.021, Definitions.
§421.5.Definitions.
The following words and terms, when used in this standards manual, shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (42) (No change.)
(43) Years of experience--For purposes of higher levels of certification or fire service instructor certification:
(A) Except as provided in subparagraph (B) of this paragraph, years of experience is defined as full years of full-time, part-time or volunteer fire service while holding:
(i) - (iii) (No change.)
(iv) for fire service instructor eligibility only, a State Firemen's and Fire Marshals' Association Level II Instructor Certification received prior to June 1, 2008 or Instructor I received on or after June 1, 2008 or an equivalent instructor certification from the Texas Department of State Health Services (DSHS) or the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). Documentation of at least three years of experience as a volunteer in the fire service shall be in the form of a non self-serving sworn affidavit.
(B) (No change.)
§421.17.Requirement to Maintain Certification.
(a) All full-time or part-time employees of a fire
department or local government who are assigned duties identified
as fire protection personnel duties must maintain certification by
the Commission [commission] in the discipline(s)
to which they are assigned for the duration of their assignment.
(b) In order to maintain the certification required
by this section, the certificate(s) of the employees must be renewed
annually by complying with §437.5 of this title (relating
to Renewal Fees) [, Renewal Fees,] and Chapter 441
of this title (relating to Continuing Education)[, Continuing
Education,] of the Commission's [commission's
] standards manual.
(c) An individual whose certificate has been expired for one year or longer may not renew the certificate that was previously held. To obtain a new certification, an individual must meet the requirements in Chapter 439 of this title (relating to Examinations for Certification).
(d) [(c)] The Commission [
commission] will provide proof of current certification to individuals
whose certification has been renewed.
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 12, 2009.
TRD-200901885
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
SUBCHAPTER B. DISTANCE TRAINING PROVIDER
The Texas Commission on Fire Protection (Commission) proposes amendments to Chapter 427, Training Facility Certification, Subchapter B, Distance Training Provider, §427.201, Minimum Standards for Distance Training Provider. The purpose of these proposed amendments is to remove redundant language.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period these 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 these proposed amendments are in effect, the public benefit anticipated as a result of enforcing these amendments is to provide a better understanding of the Commission's intent by removing repetitive language from different sections. 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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.028, Training Programs and Instructors.
§427.201.Minimum Standards for Distance Training Provider.
(a) - (b) (No change.)
(c) In order to become a Commission-approved [
commission approved] distance training provider; the provider
must submit a completed Commission [commission]
training facility application with supporting documentation and fees
[fee]. Such application will include descriptions
and addresses of where the distance training provider will have their
course delivery and materials. A distance training provider must provide
documentation of its ability to meet all minimum requirements for
each discipline for which it seeks certification. The documentation
must also identify how students and instructors will access resources
as identified in the curriculum.
[(d) All training for certification
must be submitted to the commission for approval at least 20 days
prior to the proposed starting date of the training. Approved courses
are subject to audit by commission staff any time during the approved
schedule. Any deviation in the approved course schedule or content
must be reported to the commission within three business days of the
deviation. The academy coordinator will:]
[(1) attest to the fact that the training meets the competencies in the applicable Commission Curriculum and/or NFPA Standards;]
[(2) submit a testing schedule for all academy periodic, final, or skills examinations as required in §427.305 of this title; and]
[(3) notify the Commission of any changes in instructor staff and/or field examiners.]
(d) [(e)] A distance training
provider that applies for certification as a training facility in
a discipline that includes skills training shall comply with Subchapter
A of this chapter concerning minimum standards, facilities, apparatus,
protective clothing, equipment, and live fire training utilized to
teach and test the required skills.
(e) [(f)] A distance training
provider certified for the first time by the Commission [
commission] will receive, at no charge, one Commission Certification
Curriculum and Standards Manual on CD to be utilized by the certified
distance training provider's instructors. The distance training provider
is responsible for ensuring that all subjects are taught as required
by the curricula. Additional CD copies may be purchased from the
Commission [commission
] or downloaded from the agency web site.
Distance training providers that renew their certification will receive
appropriate updates at no charge.
This agency hereby certifies that the 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 12, 2009.
TRD-200901886
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission) proposes amendments to Chapter 427, Training Facility Certification, Subchapter C, Training Programs for On-Site and Distance Training Providers, §427.303, Training Approval Process for On-Site and Distance Training Providers; and §427.305, Procedures for Testing Conducted by On-Site and Distance Training Providers. The purpose of these proposed amendments is to specify what deviations from the original course approval must be submitted to the Commission. Some changes to the present language were made for better clarification and to also establish that performance skills testing will not be conducted until after all required training is complete. This will facilitate the Commission's ability to audit the skills testing portion of the test.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period these 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 these proposed amendments are in effect, the public benefit anticipated as a result of enforcing these amendments will be a better understanding of the Commission's intent to audit the performance skills testing being conducted at the training academies and that the skills will not be evaluated until all required training is complete. 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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.028, Training Programs and Instructors.
§427.303.Training Approval Process for On-Site and Distance Training Providers.
(a) (No change.)
(b) All training for certification must be approved
by the Commission [commission]. A training provider
must submit to the Commission [commission] a
completed Training Prior Approval Form, a schedule of periodic, final,
and skills tests, and a class schedule at least 20 days prior to the
proposed starting date of the training.
(c) The provider of training will receive from the Commission [
commission] the following documents.
(1) A Notice of Course Approval. This document will
serve as notification that the course has been approved by the
Commission [commission
] and will contain the approval number assigned by the
Commission [commission] and
the course I.D. number.
(2) - (3) (No change.)
(d) Approved courses are subject to audit by Commission [
commission] staff at any time during the approved
schedule. Any deviation in the approved course schedule, content,
field examiners, or the substitution of one instructor for another
(this does not apply to [the addition of] an instructor
[to the roster of instructors] already approved
for the course [by the commission]) must be reported
to the Commission [commission] within three
business days of the deviation.
§427.305.Procedures for Testing Conducted by On-Site and Distance Training Providers.
(a) The requirements and provisions in this section
apply to procedures for periodic, final, and skills testing conducted
by training providers during and at the end of a training program.
For procedures regarding state examinations for certification (
Commission [commission
] examinations that occur after a training
program is completed), see Chapter 439 of this title.
(b) Periodic and comprehensive final tests shall be
given by the training provider in addition to the Commission [
commission] examination required in Chapter 439 of this title.
(c) (No change.)
(d) If performance skill evaluations are part of the
applicable curriculum, performance testing [shall be done and]
records shall be kept in accordance with §427.301
of this title. This will ensure that each trainee has demonstrated
an ability to competently and carefully perform all tasks and operations
associated with the training, both individually and as a member of a team.
(e) During the course of instruction, the provider
of training shall test for competency all performance skills listed
in the applicable curriculum. This applies only for curricula in which
performance standards have been developed. Skill evaluations may take
place at any time during the academy but must take place after all
training on the identified subject area has been completed. The number
of opportunities to successfully complete particular performance skill
objectives evaluated during an academy is at the discretion of the
designated training officer. Retests must be conducted prior to the
administration of the Commission designated performance evaluations.
All skills must be demonstrated in the presence of a Commission-approved
field examiner. [Performance testing should be used to
the maximum extent practical. The performance skills contained in
the applicable curriculum shall be used to satisfy performance skills
requirements. Each trainee shall be prepared to demonstrate any performance
skill in the presence of a commission representative as required in
Chapter 439 of this title.]
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 12, 2009.
TRD-200901894
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission) proposes amendments to Chapter 433, Minimum Standards for Driver/Operator-Pumper, §433.5, Examination Requirements. The purpose of this proposed amendment is to remove restrictions requiring individuals to take a written test. This change would allow the Commission the latitude to administer a computer-based test. The change also restructures the last section to define the requirements that individuals must meet before they can take the test.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period this 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 public benefit anticipated as a result of enforcing this amendment is that the public will have a better understanding of the requirements to test for the Driver/Operator-Pumper certification and the Commission may administer a computer-based examination.
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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.035, Certification Examinations.
§433.5.Examination Requirements.
(a) Examination [The written examination]
requirements of Chapter 439 of this title (relating to Examinations
for Certification) must be met in order to receive driver/operator-pumper
certification.
(b) Individuals will be permitted to take the
Commission examination for driver/operator-pumper by documenting,
as a minimum, completion of the NFPA 1001 Fire Fighter I training,
and completing a Commission-approved driver/operator-pumper curriculum.
[Performance skills must meet the requirements in Chapter 439.]
[(c) No individual will be permitted
to take the commission examination for driver/operator-pumper unless
the individual documents, as a minimum, 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 May 12, 2009.
TRD-200901887
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission) proposes amendments to Chapter 437, Fees, §437.3, Certification Fees; §437.5, Renewal Fees; and §437.13, Basic Certification Examination Fees. The purpose of these proposed amendments is to raise the fees charged by the Commission to process applications for testing, certification and renewal of certifications and associated late fees. The fee increase was a condition agreed to by the legislature to supplement the cost associated of adding seven additional employees to the Commission staff in order to meet the demands placed upon it by the fire service.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period these proposed amendments are in effect, the total impact will be based upon the number of personnel within the jurisdiction that apply for additional certifications during the year and that increase would be $15 per each certification application. The number of paid personnel that the jurisdiction renews annually at the end of the year will be increased $10 per person for their renewal application. Applications to test for additional certifications will cost an additional $20 each.
Mr. Soteriou has also determined that for each year of the first five years these proposed amendments are in effect, the public benefit anticipated as a result of enforcing these amendments is that the additional staff at the Commission will facilitate the inspection and testing needs of the fire fighters and departments. This will insure that the fire fighters are properly trained and equipped to protect the citizens they work for. 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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.026, Fees for Certificates.
§437.3.Certification Fees.
(a) A $35.00 [$20] non-refundable
application fee is required for each certificate issued by the
Commission [commission]. If a certificate is issued within
the time provided in §401.125 of this title (relating to Processing
Periods), the fee will be applied to the certification.
If the certificate is denied, the applicant must pay a
new certification application fee to file a new application.
(b) - (c) (No change.)
(d) Any person who holds a certificate, and is no longer
employed by an entity that is regulated by the Commission [
commission] may submit in writing, a request, together
with the required fee to receive a one-time [one time]
certificate stating the level of certification in each discipline
held by the person on the date that person left employment pursuant
to the Texas Government Code, §419.033(b). Multiple certifications
may be listed on the one-time certificate. The one-time fee for the
one-time certificate shall be the same as the current certification
fee provided in subsection (a) of this section.
(e) A facility that provides basic level training for
any discipline for which the Commission [commission]
has established a Basic Curriculum must be certified by the
Commission [commission
]. The training facility will be charged
a separate certification fee for each discipline.
§437.5.Renewal Fees.
(a) A $35.00 [$25] non-refundable
annual renewal fee shall be assessed for each certified individual
and certified training facility. If an individual or certified training
facility holds more than one certificate, the Commission [
commission] may collect only one $35.00 [$25]
renewal fee, which will renew all certificates held by
the individual or certified training facility.
(b) - (c) (No change.)
(d) If a person reapplies for a certificate(s) which
has been expired less than one year and the individual is not employed
by a regulated employing entity[,] as defined in subsection
(b) of this section, the individual must pay all applicable renewal
fee(s) and any applicable additional fee(s). Upon payment of the required
fee(s), the certificate(s) previously held by the individual, for
whom [which] he or she continues to qualify, will be
renewed.
(e) - (f) (No change.)
(g) All certification renewal fees must be returned
with the renewal statement to the Commission [commission].
(h) (No change.)
(i) The certification period shall be a period not
to exceed one year. The certification period for employees of regulated
employing entities is November 1 to October 31. The certification
period of certified training facilities is February 1 to January 31.
The certification period of individual [Individual]
certificate holders is May 1 to April 30.
(j) - (k) (No change.)
(l) All certification renewal fees received from one
to 30 days after the renewal date posted on the renewal notice will
cause the individual or entity responsible for payment to be assessed
a non-refundable $17.50 [$10] late fee in addition
to the renewal fee for each individual for which a renewal fee was due.
(m) All certification renewal fees received more than
30 days after the renewal date posted on the renewal notice will cause
the individual or entity responsible for payment to be assessed a
non-refundable $35.00 [$20] late fee in addition
to the renewal fee for each individual for which a renewal fee was due.
(n) In addition to any non-refundable late fee(s) assessed
for certification renewal, the Commission [commission]
may hold an informal conference to determine if any further action(s)
is [are] to be taken.
(o) An individual or entity may petition the Commission [
commission] for a waiver of the late fees required
by this section if the person's certificate expired because of the
individual or regulated 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) (No change.)
(p) An individual, upon returning from activation to
military service, whose certification has expired, must notify the
Commission [commission
] in writing. The individual will have
any normally associated late fees waived and will be required to pay
a $35.00 [$25] renewal fee.
§437.13.Processing Fees for Test Application [Basic Certification Examination Fees].
(a) A non-refundable application processing fee of
$35.00 [$15] shall be charged for each [
written or performance skill] examination [administered
by the Commission].
(b) Fees [Academy testing fees]
will be paid in advance with the [students'] application
or the provider of training may be invoiced or billed if previous
arrangements have been made with the Commission. [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 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 May 12, 2009.
TRD-200901888
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
SUBCHAPTER A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
37 TAC §§439.1, 439.3, 439.5, 439.7, 439.9, 439.11, 439.19
The Texas Commission on Fire Protection (Commission) proposes amendments to Chapter 439, Examinations for Certification, Subchapter A, Examinations for On-Site Delivery Training. The purpose of the proposed amendments in §439.1, Requirements-General, to remove redundant language and language that is not a requirement to test. Language was incorporated from another section that addresses the requirements to retest for expired certifications; §439.3, Definitions, language was cleaned up to clarify intent and meaning; §439.5, Procedures, procedures for test administration were restructured to facilitate the ability to administer computer-based tests and not limit the Commission to administering written examinations; §439.7, Eligibility, clarifies the necessary steps to determine eligibility; §439.9, Grading, language was removed that limited the Commission to written examinations; §439.11, Academy Administered Performance Skill Evaluations identifies the procedures and time to complete the performance skills relating to the certification examination process; §439.19, Number of Test Questions, the word "written" was removed from that section in order to not to limit the Commission in administering only written tests, but to also enable the Commission to administer computer-based questions. It also identifies the total number of skills evaluated for each certification and the minimum number required for a final evaluation.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period these proposed amendments are in effect there will be no fiscal impact on state and local governments.
Mr. Soteriou has also determined that for each year of the first five years these proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide a better understanding of the Commission's testing procedures and processes. The public will also know that the Commission can administer computer-based examinations. 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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.035, Certification Examinations.
§439.1.Requirements--General.
(a) The administration of examinations for certification,
including performance skill evaluations, shall be conducted in compliance
with the Commission [commission] and International
Fire Service Accreditation Congress (IFSAC) regulations. It is incumbent
upon Commission [commission] staff, committee
members, training officers and field examiners to maintain the integrity
of any state examination (or portion thereof) for which they are responsible.
(b) Exams will be based on curricula as currently adopted
in the Commission's [commission's] Certification
Curriculum Manual. [The state test can consist of only a written
test or it can consist of a test that contains both a written portion
and a performance skills portion. If the training program is conducted
in the phase format, the examination will be based on the curriculum
in effect at the time of the examination.]
[(c) If performance skills
are required as part of a certification examination, the entity applying
for the certification examination shall be responsible for providing
the required number of approved field examiners. The number of field
examiners shall be determined by the commission.]
(c) [(d)] Commission examinations
that receive a passing grade shall expire two years from the date
of the examination.
(d) [(e)] The Commission [
commission] shall prescribe the content of any certification
examination that tests the knowledge and/or skill of the examinee
concerning the discipline addressed by the examination.
(1) An examination based on Chapter 1, "Basic Fire Suppression Curriculum" as identified in the Certification Curriculum Manual may consist of four sections: Fire Fighter I, Fire Fighter II, First Responder Awareness, and First Responder Operations.
(2) An examination based on Chapter 4, "Basic Fire Inspector Curriculum" as identified in the Certification Curriculum Manual may consist of three sections: Inspector I, Inspector II, and Plan Examiner I.
(3) All other state examinations consist of only one section.
(4) The Head of Department examination will be based on NFPA 1021, Chapter 7.
(e) [(f)] The [An]
individual who fails to pass a Commission [commission
written] examination for state certification will be given one
additional opportunity to pass the examination or section thereof.
This opportunity must be exercised within 180 days after the date
of the first failure. An individual who passes the applicable state
certification examination but fails to pass a section thereof for
an IFSAC seal(s) will be given one additional opportunity to pass
the section thereof. This opportunity must be exercised within two
years after the date of the first attempt. An examinee who fails to
pass the examination within the required time may not sit for the
same examination again until the examinee has re-qualified by repeating
the curriculum applicable to that examination.
[(g) An examinee who fails
a state performance skill evaluation may be allowed a retest at a
time and place to be determined by the lead examiner. If the candidate
fails the retest, remedial training conducted by a certified instructor
who is approved to teach in that specific subject area is required
for a second retest. Remedial training must be of a duration no less
than the recommended curriculum instructional hours for the section
in which the failed skill(s) is reflected. An examinee being retested
on a performance skill must be retested on any skill, randomly selected
by the lead examiner, from the same subject area as the performance
skill objective that was failed. If the examinee fails the final retest
as part of a state performance skill evaluation, the examinee must
requalify by repeating the entire curriculum applicable to the examination.]
(f) An individual may obtain a new certificate in a discipline which was previously held by passing a Commission proficiency examination.
(g) If an individual who has never held certification in a discipline defined in §421.5 of this title (relating to Definitions), seeks certification in that discipline, the individual shall complete all certification requirements.
(h) If an individual completes an approved training program that has been evaluated and deemed equivalent to a certification curriculum approved by the Commission, such as an out-of-state or military training program or a training program administered by the State Firemen's and Fire Marshals' Association of Texas, the individual must pass a Commission examination for certification status and meet any other certification requirements in order to become eligible for certification by the Commission as fire protection personnel.
(i) An individual or entity may petition the Commission for a waiver of the examination required by this section if the person's certificate expired because of the individual's 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 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, ruling or agreement restoring the applicant to employment.
§439.3.Definitions.
The following words and terms, when used in this chapter, have the following definitions unless the context clearly indicates otherwise.
(1) - (4) (No change.)
(5) Endorsement of eligibility--A signed statement
testifying to the fact that an individual has met all requirements
specified by the Commission [commission] and
is qualified to take a Commission [commission]
examination. An endorsement of eligibility will be issued[, when
appropriate,] by a member of the Commission [
commission] staff.
(6) Examination--A state test [administered by
the commission] which an examinee must pass as one of the requirements
for certification.
(7) (No change.)
(8) Field examiner--An individual authorized to evaluate
performance skills in Commission-approved [
commission-approved
] curricula. The field examiner must possess a Fire Instructor
Certification, complete the on-line Commission [commission
] field examiner course, and sign an agreement to comply with
the Commission's [commission's] testing procedures.
The field examiner must be approved by the Commission [
commission] to instruct all subject areas identified in the curriculum
that he or she will be evaluating. [The field examiner will work
under the supervision of a lead examiner during a commission-administered
examination.] The field examiner must repeat the examiner course
every two years and submit a new Letter of Intent.
(9) - (10) (No change.)
§439.5.Procedures.
(a) Procedures for conducting [written and/or
performance] examinations are determined by the Commission [
commission].
[(b) As part of the training
approval process, the designated training officer, except for a Basic
Fire Suppression academy, will choose a test location and date from
the list provided by the commission. The designated training officer
of a Basic Fire Suppression academy may request during the training
approval process to schedule the examination as soon as possible after
the completion of the applicable course and at a place agreeable to
the commission. The provider of training will receive from the commission
an Application for Testing form with the course approval notice which
will reflect the tentative date, time, and location of the examination.
The provider of training must have each examinee complete the Application
for Testing form and return it to the commission office no later than
the third day of instruction. The commission, upon receipt of the
Application for Testing form, will confirm the time and place for
the examination.]
(b) [(c)] All application processing [
training providers are responsible for ensuring
that all testing] fees due to the Commission must be [
commission are] paid in a timely manner. [In addition,
all training providers of a Basic Fire Suppression academy that schedule
through the commission an examination for less than ten (10) examinees
must pay an examination fee equal to the amount that would be charged
for ten (10) examinees.]
[(d) If the designated
training officer determines that the time and/or place of the examination
as set by the commission is not acceptable for good cause, he or she
may request the commission to reschedule or relocate the examination
providing the request is received at least 20 days prior to the original
scheduled time of the examination or the new proposed time, whichever
would result in the earliest notification. The commission shall give
all such requests due consideration and may reschedule or relocate
the examination as necessary.]
(c) [(e)] Each examination must
be administered by a lead examiner.
[(f) The lead examiner
may administer the examination alone or with the assistance of field
examiner(s). The field examiners shall be approved by the commission
prior to the administration of the examination.]
(d) [(g)] The lead examiner must:
(1) ensure that the tests remain secure and that the examination is conducted under conditions warranting honest results;
[(2) collect all examination materials
from any examinee who is dismissed;]
(2) [(3)] monitor the examination while in progress;
(3) [(4)] control entrance to
and exit from the test site;
[(5) permit no one in the
room while the written test is in progress except examiners, examinees,
and commission staff;]
(4) [(6)] assign or re-assign seating; and
(5) [(7)] bar admission to or
dismiss any examinee who fails to comply with any of the applicable
provisions of this chapter.
[(h) Examination booklets,
answer sheets, scratch paper and grade roster(s) will be delivered
to the lead examiner by means specified by the commission. The lead
examiner must immediately notify the commission and document any errors
detected in the examination materials provided.]
[(i) Immediately following
the completion of the written examination, the lead examiner must
remit to the commission all examination booklets, answer sheets and
scratch paper in the return container provided by the commission.]
(e) [(j)] All official grading
and notification must come from the Commission or its designee [
commission]. The [commission staff must make available
the] preliminary test results shall be made available within
seven (7) business days after completion of the examination.
§439.7.Eligibility.
(a) An examination may not be taken by an individual
who currently holds an active certificate from the Commission [
commission] in the discipline to which the examination pertains,
unless required by the Commission [commission]
in a disciplinary matter, or test scores have expired and the individual
is testing for IFSAC seals.
(b) An individual who passes an examination and is
not certified in that discipline, will not be allowed to test again
until 30 days before the expiration date of the previous examination
unless required by the Commission [commission]
in a disciplinary matter.
(c) In order to qualify for a Commission [commission
] examination, the examinee must:
(1) meet or exceed the minimum requirements set by
the Commission [commission] as a prerequisite
for the specified examination;
(2) submit a test application with documentation showing completion of a Commission-approved curriculum and any other prerequisite requirements, along with the appropriate application processing fee(s).
(3) receive from the Commission an "Endorsement of Eligibility" letter and provide this letter to the lead examiner.
[(2) provide the lead examiner
with a copy of a Certificate of Completion for the course required
for the specific examination sought or an endorsement of eligibility
issued by the commission;]
(4) [(3)] bring to the test site,
and display upon request, state issued [some form of
] identification which contains the name and [a]
photograph of the examinee;
(5) [(4)] report on time to the
proper location; and
(6) [(5)] comply with all the
written and verbal instructions of the lead examiner.
(d) (No change.)
(e) No person shall be permitted to sit for any
Commission [commission
] examination who has an outstanding
debt owed to the Commission [commission].
§439.9.Grading.
[(a) For a score to be valid and remain valid:]
[(1) the examinee must complete the answer sheet, or otherwise record the answers, as instructed by the lead examiner; and]
(a) [(2)] If [if]
performance skills are required as a part of the examination, the
examinee must demonstrate performance skill objectives in a manner
consistent with performance skill evaluation forms provided by the
Commission [commission
]. The evaluation format for a particular
performance skill will determine the requirements for passage of the
skill. Each performance skill evaluation form will require successful
completion of one of the following formats:
(1) [(A)] all mandatory tasks; or
(2) [(B)] an accumulation of
points to obtain a passing score of at least 70%; or
(3) [(C)] a combination of both
paragraphs (1) and (2) of this subsection [
(A) and (B)].
(b) The minimum passing score on each [written]
examination or section thereof as outlined in §439.1(d) [
(e)] of this title (relating to Requirements--General) shall
be 70%. This means that 70% of the total possible active questions
must be answered correctly. The Commission [commission]
may, at its discretion, invalidate any question.
(c) If the Commission [commission]
invalidates an examination score for any reason, it may also, at the
discretion of the Commission [commission and for good
cause shown], require a retest to obtain a substitute valid
test score.
§439.11.Commission-Designated [Academy Administered] Performance Skill Evaluations.
(a) The evaluation for competency of the Commission-designated skills will take place at the end of all training. The date(s), time(s) and location(s) will be provided to the Commission on the Training Prior Approval form. The evaluation will be a formal test setting supervised by the chief training officer. All evaluators must be a current field examiner with the Commission.
(b) The provider of training for Commission certification courses will receive from the Commission, with the course approval notice, a set of randomly selected performance skills as outlined in subsection (d) of this section.
(c) In order to qualify for the Commission certification examination, the student must successfully complete and pass all designated skill evaluations. The student may be allowed two attempts to complete each skill. A second failure during the evaluation process will require remedial training in the failed skill area with a certified instructor before being allowed a third attempt. A third failure shall require that the student repeat the entire certification curriculum.
(d) The randomly selected Commission-designated skills will be based off the following table:
[(a) The provider of training
of a Basic Fire Suppression Fire Fighter I academy will receive from
the commission with the course approval notice at least seven randomly
selected performance skill objectives from Section II of the Performance
Evaluation Forms that each examinee must successfully complete prior
to the commission examination. The provider of training of a Basic
Fire Suppression Fire Fighter II academy will receive from the commission
with the course approval notice at least seven randomly selected performance
skill objectives from Section III of the Performance Evaluation Forms
that each examinee must successfully complete prior to the commission
examination. The provider of training of a Basic Fire Suppression
Fire Fighter I and Fire Fighter II combined academy will receive from
the commission with the course approval notice at least seven randomly
selected performance skill objectives from Section II and Section
III of the Performance Evaluation Forms that each examinee must successfully
complete prior to the Commission examination. One of the seven randomly
selected skills must be a live fire skill.]
[(b) The evaluation for
competency to qualify for the state performance skills evaluation
may occur at any time during the course of instruction but must take
place after all training on the identified subject area has been completed.
The number of opportunities to successfully complete particular performance
skill objectives evaluated during an academy is at the discretion
of the designated training officer. Retests must be conducted prior
to the completion of the course. All skills must be demonstrated in
the presence of a commission-approved field examiner. The instructor
of a particular subject may not evaluate the performance skill related
to that subject unless the instructor is an approved field examiner.
At the conclusion of a course at an approved training facility, the
examinee must complete the state performance skill evaluation in accordance
with §439.13 of this title.]
[(c) During the course
of instruction, the provider of training, except for a Basic Fire
Suppression academy identified in subsection (a) of this section,
shall test for competency all performance skills listed in the applicable
curriculum. This applies only for curricula in which performance standards
have been developed. Retests must be conducted prior to the completion
of the course. All skills must be demonstrated before a commission-approved
field examiner.]
§439.19.Number of Test Questions.
(a) Each [written] examination may have
two types of questions: pilot and active. Pilot questions are new
questions placed on the examination for statistical purposes only.
These questions do not count against an examinee if answered incorrectly.
(b) The number of questions on the [written portion
of the] state examination will be based upon the number of recommended
hours in the particular curriculum or section being tested.
The standard is outlined below:
Figure: 37 TAC §439.19(b) (No change.)
(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 May 12, 2009.
TRD-200901889
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
37 TAC §§439.13, 439.15, 439.17
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections 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, Texas.)
The Texas Commission on Fire Protection (Commission) proposes the repeal of Chapter 439, Examinations for Certification, Subchapter A, Examinations for On-Site Delivery Training, §439.13, State Administered Performance Skill Evaluation; §439.15, Testing for Proof of Proficiency; and §439.17, Testing for Certification Status. The purpose of the proposed repeal is to remove the existing three sections as some of the information was redundant and the required proof of proficiency and certification status was incorporated into §439.1 as part of the general requirements.
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 or local governments.
Mr. 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 a better understanding of the requirements and process to complete a Commission certification examination. 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 the 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 to info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
The repeal is proposed under Texas Government Code, Chapter 419, Subchapter B, §419.008, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.022, General Powers Relating to this Subchapter; §419.028, Training Programs and Instructors; §419.029, Training Curriculum; §419.032, Appointment of Fire Protection Personnel; and §419.035, Certification Examinations.
§439.13.State Administered Performance Skill Evaluation.
§439.15.Testing for Proof of Proficiency.
§439.17.Testing for Certification Status.
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 12, 2009.
TRD-200901893
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission) proposes amendments to Chapter 439, Examinations for Certification, Subchapter B, Examinations for Distance Training, §439.203, Procedures; and §439.205, Performance Skill Evaluation. The purpose of the proposed amendments are to remove redundant language as procedures and skill evaluation requirements are addressed in Subchapter A and they are applicable to all types of training facilities.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period these proposed amendments are in effect there will be no fiscal impact on state and local governments.
Jake Soteriou has also determined that the public benefit anticipated as a result of enforcing these amendments will be to provide a clearer understanding of the Commission's requirements to apply for and complete a certification examination. 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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.035.
§439.203.Procedures.
[(a)] Once distance training is completed,
each individual receiving a certificate of completion must [
contact the commission to] obtain the appropriate test application packet
[unless the commission has established an examination with the
provider of training].
[(b) To apply for a state
administered commission examination, an individual who completes distance
training must complete the Application for Testing form and return
it to the commission with the individual's certificate of completion.
The commission, upon receipt of the Application for Testing form and
supporting documentation, will confirm the time and place for the
examination.]
§439.205.Performance Skill Evaluation.
[(a) State performance
skill evaluation. If a performance skill test is part of a commission
examination, the examinee must complete a state performance skill
evaluation as indicated in the particular standard related to the
curriculum being tested or examined.]
[(b)] [Evaluation procedures.]
If the performance skill portion of a state exam is to be evaluated
by an approved field examiner who will not observe the completion
of the skill while in the immediate physical presence of the examinee,
a letter of assurance from the candidate's training officer or fire
chief is required stating that the fire department assures the integrity
of the evaluation procedure. If the candidate is not a member of a
fire department, then a certified fire instructor, fire chief, or
training officer may provide a letter of assurance that meets the
requirements of this subsection. The provider of distance training
is required to keep a record of this assurance and provide it to the
Commission [commission] upon request.
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 12, 2009.
TRD-200901895
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission) proposes an amendment to Chapter 449, Head of a Fire Department, §449.3, Minimum Standards for Certification as Head of a Suppression Fire Department; and §449.5, Minimum Standards for Certification as Head of a Prevention Only Department. The purpose of these proposed amendments is to remove the word written which would enable the Commission to administer a computer-based examination.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period these 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 these proposed amendments are in effect, the public benefit anticipated as a result of enforcing these amendments is to ensure the public understands the Commission examinations are not limited to a written format and they may administer a computer-based examination. 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 by email 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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.032, Appointment of Fire Protection Personnel.
§449.3.Minimum Standards for Certification as Head of a Suppression Fire Department.
(a) In order to be certified as a head of a fire department providing fire suppression, an individual must be appointed as head of a fire department; and
(1) hold a certification as a fire protection personnel
in any discipline that has a Commission-approved [
commission approved] curriculum that requires structural fire protection
personnel certification and five years experience in a full-time fire
suppression position; or
(2) an individual from another jurisdiction who possesses
valid documentation of accreditation from the International Fire Service
Accreditation Congress that is deemed equivalent to the Commission's
[commission's] approved basic fire suppression curriculum
and provide documentation in the form of a sworn non self serving
affidavit of five years experience in a full-time fire suppression
position; or
(3) provide documentation in the form of a non self
serving sworn affidavit of ten years experience as an employee of
a local governmental entity in a full-time structural fire protection
personnel position in a jurisdiction other than Texas; and successfully
pass a Commission [written] Head of Department
examination as specified in Chapter 439 of this title (relating
to Examinations for Certification); or
(4) provide documentation in the form of a sworn
nonself [non self
] serving affidavit of ten years of experience
as a certified structural part-time fire protection employee; or
(5) provide documentation in the form of a sworn
nonself [non self
] serving affidavit of ten years experience
as an active volunteer fire fighter in one or more volunteer fire
departments that meet the requirements of subsection (b) of this section
and successfully pass a Commission [written commission]
Head of Department examination as specified in Chapter 439
of this title.
(b) (No change.)
(c) Individuals certified as the head of a fire department must meet the continuing education requirement as provided for in Chapter 441 of this title (relating to Continuing Education).
(d) (No change.)
§449.5.Minimum Standards for Certification as Head of a Prevention Only Department.
(a) In order to be certified as the head of a fire department providing fire prevention activities only, an individual must be appointed as head of a Fire Prevention Department; and
(1) (No change.)
(2) an individual from another jurisdiction who possesses
valid documentation of accreditation from the International Fire Service
Accreditation Congress that is deemed equivalent to the Commission's
[commission's] approved basic arson investigator,
fire investigator or fire inspector curriculum and provide documentation
in the form of a sworn nonself [non self] serving
affidavit of five years experience in a full-time fire prevention
position; or
(3) provide documentation in the form of a sworn
nonself [non self
] serving affidavit of ten years experience
as an employee of a local governmental entity in a full-time fire
inspector, fire investigator, or arson investigator position in a
jurisdiction other than Texas and successfully pass a
Commission [written commission
] Head of Department examination as specified in Chapter 439
of this title (relating to Examinations for Certification); or
(4) provide documentation in the form of a sworn nonself [
non self] serving affidavit of ten years experience
as a certified fire investigator, fire inspector or arson investigator
as a part-time fire prevention employee; or
(5) provide documentation in the form of a sworn
nonself [non self
] serving affidavit of ten years experience
as an active volunteer fire inspector, fire investigator, or arson
investigator with ten years experience in fire prevention and successfully
pass a Commission [written commission] Head
of Department examination as specified in Chapter 439 of this title.
(b) Individuals certified as the head of a fire department under this section must meet the continuing education requirement as provided for in Chapter 441 of this title (relating to Continuing Education).
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 12, 2009.
TRD-200901890
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
SUBCHAPTER A. MINIMUM STANDARDS FOR FIRE OFFICER I
The Texas Commission on Fire Protection (Commission) proposes amendments to Chapter 451, Fire Officer, Subchapter A, Minimum Standards for Fire Officer I, §451.5, Examination Requirements. The purpose of this proposed amendment is to remove the restriction requiring individuals to take a written test. This change would allow the Commission the latitude to administer a computer-based test. The change also restructures the last section to define the requirements an individual must meet before they can take the test.
Jake Soteriou, Director of the Fire Service Standards and Certification Division, has determined that for the first five-year period this proposed amendment is in effect there will be no fiscal impact on state and local governments.
Mr. Soteriou has also determined that for each year of the first five years this proposed amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be a better understanding of the prerequisites needed before an individual can take the Fire Officer I examination. 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 by email 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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.035, Certification Examinations.
§451.5.Examination Requirements.
(a) Examination [The written examination]
requirements of Chapter 439 of this title (relating to Examinations
for Certification) must be met in order to receive Fire Officer I
certification.
[(b) Performance skills must meet
the requirements in Chapter 439.]
(b) [(c)] Individuals [
No individual] will be permitted to take the
Commission [commission
] examination for Fire Officer I certification by
documenting the following: Structure Fire Protection Personnel certification
and Fire Service Instructor certification through the Commission or
the equivalent IFSAC seals, and completing a Commission-approved Fire
Officer I curriculum. [unless the individual documents
completion of the Fire Fighter I and Fire Fighter II level training
as required by Chapter 1, Basic Fire Suppression, of the commission's
Certification Curriculum Manual and holds, as a minimum, Fire Service
Instructor I certification through the commission, or documents accreditation
from International Fire Service Accreditation Congress as an Instructor
I.]
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 12, 2009.
TRD-200901891
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission) proposes amendments to Chapter 451, Fire Officer, Subchapter B, Minimum Standards for Fire Officer II, §451.205, Examination Requirements. The purpose of this proposed amendment is to remove the restriction requiring individuals to take a written test. This change would allow the Commission the latitude to administer a computer-based test. The change also restructures the last section to define the requirements that an individual must meet before they can take the test.
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 and local governments.
Mr. Soteriou has also determined that for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be a better understanding of the prerequisites needed before an individual can take the Fire Officer II examination. 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 by email 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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.035, Certification Examinations.
§451.205.Examination Requirements.
(a) Examination [The written examination]
requirements of Chapter 439 of this title (relating to Examinations
for Certification) must be met in order to receive Fire Officer II
certification.
[(b) Performance skills must meet
the requirements in Chapter 439.]
(b) [(c)] Individuals [
No Individual] will be permitted to take the
Commission [commission
] examination for Fire Officer II certification by
documenting the following: Structure Fire Protection Personnel certification,
Fire Service Instructor certification and Fire Officer I certification
through the Commission or the equivalent IFSAC seals, and completing
a Commission-approved Fire Officer II curriculum. [unless
the individual documents completion of the Fire Fighter I and Fire
Fighter II level training as required by Chapter 1, Basic Fire Suppression,
of the commission's Certification Curriculum Manual and holds, as
a minimum, Fire Service Instructor I certification through the commission,
or documents accreditation from the International Fire Service Accreditation
Congress as an Instructor I.]
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 14, 2009.
TRD-200901911
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (Commission) proposes an amendment to Chapter 453, Minimum Standards for Hazardous Materials Technician, §453.5, Examination Requirements. The purpose of this proposed amendment is to remove the restriction requiring individuals to take a written test. This change would allow the Commission to administer a computer-based test. The change also restructures the last section to define the requirements that an individual must meet before they can take the test.
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 public benefit anticipated as a result of enforcing the amendment will be a better understanding of the prerequisites needed before an individual can sit for the Hazardous Materials Technician examination.
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 by email 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, Chapter 419, Subchapter B, Regulating and Assisting Fire Fighters and Fire Departments.
Cross reference to statute: Texas Government Code, §419.035, Certification Examinations.
§453.5.Examination Requirements.
(a) Examination [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.]
(b) [(c)] Individuals [
No individual
] will be permitted to take the Commission examination
for Hazardous Materials Technician by documenting [unless
the individual documents] completion of the NFPA 472 Awareness
and Operations level training and completing a Commission-approved
Hazardous Materials Technician curriculum. [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 May 12, 2009.
TRD-200901892
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 936-3838