TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 429. FIRE INSPECTOR

The Texas Commission on Fire Protection (the commission) proposes new Chapter 429, Fire Inspector, concerning Subchapter A, Minimum Standards For Fire Inspector I/II Certification, §429.1, Minimum Standards for Fire Inspector I/II Personnel, §429.3, Minimum Standards for Basic Fire Inspector/II Certification, §429.5, Minimum Standards for Intermediate Fire Inspector I/II Certification, §429.7, Minimum Standards for Advanced Fire Inspector I/II Certification, §429.9, Minimum Standards for Master Fire Inspector I/II Certification, §429.11, International Fire Service Accreditation Congress (IFSAC) Seal; and Subchapter B, Minimum Standards For Fire Inspector I/II/Plan Examiner I Certification, §429.201 Minimum Standards for Fire Inspector I/II/Plan Examiner I Personnel, §429.203, Minimum Standards for Basic Fire Inspector I/II/Plan Examiner I Certification, §429.205 Minimum Standards for Intermediate Fire Inspector I/II/Plan Examiner I Certification, §429.207, Minimum Standards for Advanced Fire Inspector I/II/Plan Examiner I Certification, §429.209, Minimum Standards for Master Fire Inspector I/II/Plan Examiner I Certification, and §429.211, International Fire Service Accreditation Congress (IFSAC) Seal.

The purpose of the proposed new chapter is to establish new rule language that creates distinct certifications for Fire Inspector that follows the guidelines set forth in the National Fire Protection Association Standard (NFPA).

Tim Rutland, Executive Director, has determined that for each year of the first five year period the proposed new chapter is in effect, there will be no significant fiscal impact to state government or local governments.

Mr. Rutland has also determined that for each year of the first five years the proposed new chapter is in effect, the public benefit from the passage is that the commission will now offer two separate certifications for Fire Inspector which has been requested by the fire service. There will be no effect on micro or small businesses or persons required to comply with the new chapter as proposed.

The agency has determined that during the first five years the new rule is in effect:

(1) the rule will not create or eliminate a government program;

(2) the rule will not create new or eliminate any existing employee positions;

(3) the rule will not require an increase or decrease in future legislative appropriations;

(4) the rule will increase fees paid to the agency since individuals assigned to do code enforcement must hold a commission Fire Inspector certification;

(5) the rule will not create a new regulation;

(6) the rule will expand an existing regulation;

(7) the rule will expand the number of individuals subject to the rule's applicability if fire departments decide to take advantage of the additional certification; and

(8) The new rule would have a positive impact on the state's economy due to an increase in the number of individuals certified, thus allowing more code enforcement inspections and safer conditions for businesses and their patrons.

Comments regarding the proposed new chapter may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768 or e-mailed to info@tcfp.texas.gov. Comments will be reviewed and discussed at a future commission meeting.

SUBCHAPTER A. MINIMUM STANDARDS FOR FIRE INSPECTOR I/II CERTIFICATION

37 TAC §§429.1, 429.3, 429.5, 429.7, 429.9, 429.11

The new chapter is proposed under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties; §419.032 which allows the commission to appoint fire protection personnel.

The proposed new chapter implements Texas Government Code, Chapter 419, §419.008 and §419.032.

§429.1.Minimum Standards for Fire Inspector I/II Personnel.

(a) Fire protection personnel of a governmental entity who are appointed to fire code enforcement duties at the Fire Inspector I/II level must be certified, at a minimum, as a Basic Fire Inspector I/II as specified in §429.3 of this title (relating to Minimum Standards for Basic Fire Inspector I/II Certification) within one year of initial appointment to such duties.

(b) Prior to being appointed to fire code enforcement duties at the Fire Inspector I/II level, all personnel must complete the applicable commission approved Fire Inspector I/II training program and successfully pass the commission examination pertaining to that curriculum.

(c) Individuals holding any level of fire inspector certification will be required to comply with all applicable continuing education requirements in Chapter 441 of this title (relating to Continuing Education).

(d) Fire code enforcement is defined as the enforcement of laws, codes, and ordinances of the authority having jurisdiction pertaining to fire prevention.

(e) Personnel certified as Fire Inspector I/II may only engage in fire code enforcement duties that are commensurate with the job performance requirements listed for Fire Inspector I or II in the current edition of NFPA 1031: Standard for Professional Qualifications for Fire Inspector and Plan Examiner, or its successor.

(f) Individuals who were issued a Basic Fire Inspector certification prior to January 1, 2005, and who currently hold a basic certification or higher, are deemed to hold the same level of certification referenced in this subchapter.

§429.3.Minimum Standards for Basic Fire Inspector I/II Certification.

In order to be certified as a Basic Fire Inspector I/II, an individual must:

(1) possess valid documentation as a Fire Inspector I and Fire Inspector II from either:

(A) the International Fire Service Accreditation Congress; or

(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements-General); or

(2) complete a commission approved Fire Inspector I/II training program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire Inspector I/II training program shall consist of one of the following:

(A) completion of the commission approved Fire Inspector I/II Curriculum, as specified in the commission's Certification Curriculum Manual; or

(B) successful completion of an out-of-state, NFA, and/or military training program which has been submitted to the commission for evaluation and found to meet the minimum requirements in the commission approved Fire Inspector I/II Curriculum as specified in the commission's Certification Curriculum Manual; or

(C) documentation of the receipt of Fire Inspector I and Fire Inspector II certificates issued by the State Firemen's and Fire Marshals' Association of Texas that are deemed equivalent to a commission approved Fire Inspector I/II curriculum.

§429.5.Minimum Standards for Intermediate Fire Inspector I/II Certification.

(a) Applicants for Intermediate Fire Inspector I/II Certification must meet the following requirements:

(1) hold as a prerequisite Basic Fire Inspector I/II Certification as defined in §429.3 of this title (relating to Minimum Standards for Basic Fire Inspector I/II Certification); and

(2) acquire a minimum of four years of fire protection experience and complete the training listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or

(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or

(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses. (See the exception outlined in subsection (c) of this section.)

(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.

(c) The training required in this section must be in addition to any training used to qualify for any lower level of Fire Inspector I/II Certification. Repeating a course or a course of similar content cannot be used towards this level of certification.

§429.7.Minimum Standards for Advanced Fire Inspector I/II Certification.

(a) Applicants for Advanced Fire Inspector I/II Certification must complete the following requirements:

(1) hold as a prerequisite an Intermediate Fire Inspector I/II Certification as defined in §429.5 of this title (relating to Minimum Standards for Intermediate Fire Inspector I/II Certification); and

(2) acquire a minimum of eight years of fire protection experience and complete the training listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or

(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or

(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses. (See the exception outlined in subsection (c) of this section.)

(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.

(c) The training required in this section must be in addition to any training used to qualify for any lower level of Fire Inspector I/II Certification. Repeating a course or a course of similar content cannot be used towards this level of certification.

§429.9.Minimum Standards for Master Fire Inspector I/II Certification.

(a) Applicants for Master Fire Inspector I/II Certification must complete the following requirements:

(1) hold as a prerequisite an Advanced Fire Inspector I/II Certification as defined in §429.7 of this title (relating to Minimum Standards for Advanced Fire Inspector I/II Certification); and

(2) acquire a minimum of 12 years of fire protection experience, and 60 college semester hours or an associate degree, which includes at least 18 college semester hours in fire science subjects.

(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Master Fire Inspector I/II Certification.

§429.11.International Fire Service Accreditation Congress (IFSAC) Seal.

(a) Individuals who pass the applicable sections of the state examination may be granted IFSAC seals for Fire Inspector I and Fire Inspector II by making application to the commission for the IFSAC seals and paying the applicable fees, provided they meet the following provisions:

(1) To receive the Fire Inspector I IFSAC seal, the individual must:

(A) complete the Fire Inspector I section of a commission approved course; and

(B) pass the Fire Inspector I section of a commission examination.

(2) To receive the Fire Inspector II IFSAC seal, the individual must:

(A) complete the Fire Inspector II section of a commission approved course;

(B) document possession of a Fire Inspector I IFSAC seal; and

(C) pass the Fire Inspector II section of a commission examination.

(b) In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704716

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: January 7, 2018

For further information, please call: (512) 936-3812


SUBCHAPTER B. MINIMUM STANDARDS FOR FIRE INSPECTOR I/II/PLAN EXAMINER I CERTIFICATION

37 TAC §§429.201, 429.203, 429.205, 429.207, 429.209, 429.211

The new chapter is proposed under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties; §419.032 which allows the commission to appoint fire protection personnel.

The proposed new chapter implements Texas Government Code, Chapter 419, §419.008 and §419.032.

§429.201.Minimum Standards for Fire Inspector I/II/Plan Examiner I Personnel.

(a) Fire protection personnel of a governmental entity who are appointed to fire code enforcement duties at the Fire Inspector I/II/Plan Examiner I level must be certified, at a minimum, as a Basic Fire Inspector I/II/Plan Examiner I as specified in §429.203 of this title (relating to Minimum Standards for Basic Fire Inspector I/II/Plan Examiner I Certification) within one year of initial appointment to such position.

(b) Prior to being appointed to fire code enforcement duties at the Fire Inspector I/II/Plan Examiner I level, all personnel must complete the applicable commission approved fire inspection training program and successfully pass the commission examination pertaining to that curriculum.

(c) Individuals holding any level of fire inspector certification shall be required to comply with all applicable continuing education requirements in Chapter 441 of this title (relating to Continuing Education).

(d) Fire code enforcement is defined as the enforcement of laws, codes, and ordinances of the authority having jurisdiction pertaining to fire prevention.

(e) Individuals other than the head of a department who supervise personnel in fire code enforcement duties, or manage fire code enforcement programs, must be certified as Fire Inspector I/II/Plan Examiner I, or hold any Fire Inspector certification issued prior to March 1, 2018.

(f) After March 1, 2018, individuals wishing to satisfy the requirements for Head of a Prevention-Only Fire Department must hold Fire Inspector I/II/Plan Examiner I if fire code enforcement is one of the activities of the organization. Individuals already serving as Head of a Prevention Only Fire Department prior to this date are exempt.

(g) Individuals who were issued a Basic Fire Inspector certification after January 1, 2005, and who currently hold basic certification or higher, are deemed to hold the same level of certification referenced in this subchapter.

§429.203.Minimum Standards for Basic Fire Inspector I/II/Plan Examiner I Certification.

In order to be certified as a Basic Fire Inspector I/II/Plan Examiner I, an individual must:

(1) possess valid documentation as Fire Inspector I, Fire Inspector II, and Plan Examiner I from either:

(A) the International Fire Service Accreditation Congress; or

(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements--General); or

(2) complete a commission approved Fire Inspector I/II/Plan Examiner I program and successfully pass the commission examination(s) as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved fire inspection training program shall consist of one or any combination of the following:

(A) completion of the commission approved Fire Inspector I/II/Plan Examiner I Curriculum, as specified in the commission's Certification Curriculum Manual; or

(B) successful completion of an out-of-state, NFA, and/or military training program which has been submitted to the commission for evaluation and found to meet the minimum requirements in the commission approved Fire Inspector I/II/Plan Examiner I Curriculum as specified in 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 Codes and Inspections, three semester hours;

(iii) Building Construction in the Fire Service or Building Codes and Construction, three semester hours;

(iv) Hazardous Materials I, II, or III, three semester hours (total semester hours, 12).

(D) documentation of the receipt of Fire Inspector I, Fire Inspector II, and Plan Examiner I certificates issued by the State Firemen's and Fire Marshals' Association of Texas that are deemed equivalent to a commission approved Fire Inspector I/II/Plan Examiner I curriculum.

§429.205.Minimum Standards for Intermediate Fire Inspector I/II/Plan Examiner I Certification.

(a) Applicants for Intermediate Fire Inspector I/II/Plan Examiner I Certification must meet the following requirements:

(1) hold as a prerequisite Basic Fire Inspector I/II/Plan Examiner I Certification as defined in §429.203 of this title (relating to Minimum Standards for Basic Fire Inspector I/II/Plan Examiner I Certification); and

(2) acquire a minimum of four years of fire protection experience and complete the training listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or

(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or

(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses. (See the exception outlined in subsection (c) of this section.)

(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.

(c) The training required in this section must be in addition to any training used to qualify for any lower level of Fire Inspector I/II/Plan Examiner I Certification. Repeating a course or a course of similar content cannot be used towards this level of certification.

§429.207.Minimum Standards for Advanced Fire Inspector I/II/Plan Examiner I Certification.

(a) Applicants for Advanced Fire Inspector I/II/Plan Examiner I Certification must complete the following requirements:

(1) hold as a prerequisite an Intermediate Fire Inspector I/II/Plan Examiner I Certification as defined in §429.205 of this title (relating to Minimum Standards for Intermediate Fire Inspector I/II/Plan Examiner I Certification); and

(2) acquire a minimum of eight years of fire protection experience and complete the training listed in one of the following options:

(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or

(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or

(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses. (See the exception outlined in subsection (c) of this section.)

(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.

(c) The training required in this section must be in addition to any training used to qualify for any lower level of Fire Inspector I/II/Plan Examiner I Certification. Repeating a course or a course of similar content cannot be used towards this level of certification.

§429.209.Minimum Standards for Master Fire Inspector I/II/Plan Examiner I Certification.

(a) Applicants for Master Fire Inspector I/II/Plan Examiner I Certification must complete the following requirements:

(1) hold as a prerequisite an Advanced Fire Inspector I/II/Plan Examiner I Certification as defined in §429.207 of this title (relating to Minimum Standards for Advanced Fire Inspector I/II/Plan Examiner I Certification); and

(2) acquire a minimum of 12 years of fire protection experience, and 60 college semester hours or an associate degree, which includes at least 18 college semester hours in fire science subjects.

(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Master Fire Inspector I/II/Plan Examiner I Certification.

§429.211.International Fire Service Accreditation Congress (IFSAC) Seal.

(a) Individuals who hold Fire Inspector certification issued prior to January 1, 2005, may apply to test for Plan Examiner I. Upon successful completion of the examination, an IFSAC seal for Plan Examiner I may be granted by making application to the commission for the IFSAC seal and paying the applicable fee.

(b) Individuals who pass the applicable section of the state examination may be granted IFSAC seals for Fire Inspector I, Fire Inspector II, and/or Plan Examiner I by making application to the commission for the IFSAC seals and paying the applicable fees, provided they meet the following provisions:

(1) To receive the Fire Inspector I IFSAC seal, the individual must:

(A) complete the Fire Inspector I section of a commission approved course; and

(B) pass the Fire Inspector I section of a commission examination.

(2) To receive the Fire Inspector II IFSAC seal, the individual must:

(A) complete the Fire Inspector II section of a commission approved course;

(B) document possession of a Fire Inspector I IFSAC seal; and

(C) pass the Fire Inspector II section of a commission examination.

(3) To receive the Plan Examiner I IFSAC seal, the individual must:

(A) complete the Plan Examiner I section of a commission approved course; and

(B) pass the Plan Examiner I section of a commission examination.

(c) In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704717

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: January 7, 2018

For further information, please call: (512) 936-3812


CHAPTER 429. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION

37 TAC §§429.201, 429.203, 429.205, 429.207, 429.209, 429.211

The Texas Commission on Fire Protection (the commission) proposes the repeal of Chapter 429, Minimum Standards For Fire Inspector Certification, concerning §429.201, Minimum Standards for Fire Inspector Personnel, §429.203, Minimum Standards for Basic Fire Inspector Certification, §429.205, Minimum Standards for Intermediate Fire Inspector Certification, §429.207, Minimum Standards for Advanced Fire Inspector Certification, §429.209, Minimum Standards for Master Fire Inspector Certification, and §429.211, International Fire Service Accreditation Congress (IFSAC) Seal.

The purpose of the proposed repeal is to establish a new Chapter 429, titled Fire Inspector, that creates distinct certifications for Fire Inspector I/II and Fire Inspector I/II/Plan Examiner I. The change follows the guidelines set forth in the applicable National Fire Protection Association (NFPA) standard. The new chapter will consist of Subchapter A, Minimum Standards For Fire Inspector I/II Certification and Subchapter B, Minimum Standards For Fire Inspector I/II/Plan Examiner I Certification. Subchapter B will consist primarily of current rule language with some modifications.

Tim Rutland, Executive Director, has determined that for each year of the first five year period the proposed repeal is in effect, there will be no significant fiscal impact to state government or local governments.

Mr. Rutland has also determined that for each year of the first five years the repeal is in effect the public benefit from the passage of the repeal will be more clear and concise rules with regards to commission Fire Inspector certifications by offering two separate certifications which has been requested by the fire service. There will be no effect on micro or small businesses or persons required to comply with the repeal as proposed.

The agency has determined that during the first five years the repeal is in effect:

(1) the rule will not create or eliminate a government program;

(2) the rule will not create or eliminate any existing employee positions;

(3) the rule will not require an increase or decrease in future legislative appropriations;

(4) the rule will not increase or decrease fees paid to the agency;

(5) the rule will not create a new regulation;

(6) the rule will not limit an existing rule;

(7) the rule will not expand the number of individuals subject to the rules applicability; and

(8) The repeal will not have a negative impact on the state's economy due to the commission proposing a new rule that would have a positive impact due to an increase in the number of individuals who may seek to obtain the new certification.

Comments regarding the proposed repeal may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768 or e-mailed to info@tcfp.texas.gov. Comments will be reviewed and discussed at a future commission meeting.

The repeal is proposed under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties; and by §419.032 which allows the commission to appoint fire protection personnel.

The proposed repeal implements Texas Government Code, Chapter 419, §419.008 and §419.032.

§429.201.Minimum Standards for Fire Inspector Personnel.

§429.203.Minimum Standards for Basic Fire Inspector Certification.

§429.205.Minimum Standards for Intermediate Fire Inspector Certification.

§429.207.Minimum Standards for Advanced Fire Inspector Certification.

§429.209.Minimum Standards for Master Fire Inspector Certification.

§429.211.International Fire Service Accreditation Congress (IFSAC) Seal.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704714

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: January 7, 2018

For further information, please call: (512) 936-3812


CHAPTER 451. FIRE OFFICER

The Texas Commission on Fire Protection (the commission) proposes amendments to Chapter 451, Fire Officer in Subchapter C, Minimum Standards For Fire Officer III and Subchapter D, Minimum Standards For Fire Officer IV. Specifically, the commission proposes amending §451.303, Minimum Standards for Fire Officer III Certification and §451.307, International Fire Service Accreditation Congress (IFSAC) Seal in Subchapter C and §451.403, Minimum Standards for Fire Officer IV Certification, and §451.407, International Fire Service Accreditation Congress (IFSAC) Seal in Subchapter D.

The purpose of the proposed amendments is to revise the qualifications for Fire Officer III certification and to delete obsolete language for both Fire Officer III and Fire Officer IV.

Tim Rutland, Executive Director, has determined that for each year of the first five year period the proposed amendments are in effect, there will be no significant fiscal impact to state government or local governments.

Mr. Rutland has also determined that for each year of the first five years the proposed amendments are in effect, the public benefit from the passage is to expand the opportunity for qualification for Fire Officer III certification where the current rule has created an unintended consequence and the commission seeks to correct the issue.

There will be no effect on micro or small businesses or persons required to comply with the amendments as proposed.

The agency has determined that during the first five years the amended rules are in effect:

(1) the rule will not create or eliminate a government program;

(2) the rule will not create new or eliminate any existing employee positions;

(3) the rule will not increase or decrease future legislative appropriations;

(4) the rule will not increase or decrease fees paid to the agency;

(5) the rule will not create a new regulation;

(6) the rule will not expand, limit or repeal an existing regulation;

(7) the rule will expand the availability of the certification to more individuals, which could have the effect of increasing the number of individuals subject to the rule; however, the certification itself is not mandated by the commission and is considered a voluntary or professional development certification; and

(8) the rule amendments are not anticipated to have either a positive or adverse impact on the state's economy.

Comments regarding the proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768 or e-mailed to info@tcfp.texas.gov. Comments will be reviewed and discussed at a future commission meeting.

SUBCHAPTER C. MINIMUM STANDARDS FOR FIRE OFFICER III

37 TAC §451.303, §451.307

The amendments are proposed under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties and §419.032, which allows the commission to appoint fire protection personnel.

The proposed amendments implement Texas Government Code, Chapter 419, §419.008 and §419.032.

§451.303.Minimum Standards for Fire Officer III Certification.

(a) In order to be certified as a Fire Officer III an individual must:

(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and

(2) hold Fire Officer II certification through the commission; and

(3) hold, as a minimum, Fire Service Instructor II certification through the commission; and

(4) document completion of ICS-300: Intermediate Incident Command System; and

(5) possess valid documentation as a Fire Officer III from either:

(A) the International Fire Service Accreditation Congress; or

(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1[(a)(2)] of this title (relating to Requirements--General); or

(6) complete a commission approved Fire Officer III program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire Officer III program must consist of one of the following:

(A) completion of a commission approved Fire Officer III Curriculum as specified in Chapter 9 of the commission's Certification Curriculum Manual;

(B) completion of an out-of-state and/or military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Fire Officer III Curriculum; [or]

(C) successful completion of 15 college semester hours of upper level coursework from a four-year regionally accredited institution in any of the following subject areas:

(i) Administration/Management;

(ii) Budget/Finance;

(iii) Planning/Organization;

(iv) Leadership/Ethics;

(v) Risk Management;

(vi) Safety and Health; [or]

(vii) Community Risk Reduction; or[.]

(viii) Criminal Justice; or

(D) successful attainment of a bachelor's degree or higher from a regionally accredited institution in any of the following:

(i) Fire Science/Administration/Management;

(ii) Emergency Management;

(iii) Public Administration;

(iv) Emergency Medicine;

(v) Business Management/Administration;

(vi) Political Science;

(vii) Human Resources Management;

(viii) Public Health;

(ix) Risk Management;

(x) Criminal Justice; or

(xi) a related management/administration/leadership degree.

[(7) Special temporary provision: Through February 2015, an individual is eligible for Fire Officer III certification upon documentation of the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 edition of the NFPA standard applicable to this discipline.]

(b) Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 9 (pertaining to Fire Officer) of the commission's Certification Curriculum Manual are met.

§451.307.International Fire Service Accreditation Congress (IFSAC) Seal.

[(a) Individuals holding a current commission Fire Officer III certification that was issued from a commission examination and received prior to September 1, 2016, may be granted an International Fire Service Accreditation Congress (IFSAC) seal as a Fire Officer III by making application to the commission for the IFSAC seal and paying applicable fees. This subsection will expire on August 31, 2017.]

[(b)] Individuals completing a commission approved Fire Officer III program; documenting IFSAC seals for Fire Fighter II, Instructor II and Fire Officer II; and passing the applicable state examination, may be granted an IFSAC seal as a Fire Officer III by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704718

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: January 7, 2018

For further information, please call: (512) 936-3812


SUBCHAPTER D. MINIMUM STANDARDS FOR FIRE OFFICER IV

37 TAC §451.403, §451.407

The amendments are proposed under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties and §419.032, which allows the commission to appoint fire protection personnel.

The proposed amendments implement Texas Government Code, Chapter 419, §419.008 and §419.032.

§451.403Minimum Standards for Fire Officer IV Certification.

(a) In order to be certified as a Fire Officer IV an individual must:

(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and

(2) hold Fire Officer III certification through the commission; and

(3) document completion of ICS-400: Advanced Incident Command System; and

(4) possess valid documentation as a Fire Officer IV from either:

(A) the International Fire Service Accreditation Congress; or

(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1[(a)(2)] of this title (relating to Requirements--General); or

(5) complete a commission approved Fire Officer IV program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire Officer IV program must consist of one of the following:

(A) completion of a commission approved Fire Officer IV Curriculum as specified in Chapter 9 of the commission's Certification Curriculum Manual;

(B) completion of an out-of-state and/or military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Fire Officer IV Curriculum; or

(C) successful attainment of a bachelor's degree or higher from a regionally accredited institution in any of the following:

(i) Fire Science/Administration/Management;

(ii) Emergency Management;

(iii) Public Administration;

(iv) Emergency Medicine;

(v) Business Management/Administration;

(vi) Political Science;

(vii) Human Resources Management;

(viii) Public Health;

(ix) Risk Management;

(x) Criminal Justice; or

(xi) a related management/administration/leadership degree.

[(6) Special temporary provision: Through February 2015, an individual is eligible for Fire Officer IV certification upon documentation of the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 edition of the NFPA standard applicable to this discipline.]

(b) Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 9 (pertaining to Fire Officer) of the commission's Certification Curriculum Manual are met.

§451.407International Fire Service Accreditation Congress (IFSAC) Seal.

[(a) Individuals holding a current commission Fire Officer IV certification that was issued from a commission examination and received prior to September 1, 2016, may be granted an International Fire Service Accreditation Congress (IFSAC) seal as a Fire Officer IV by making application to the commission for the IFSAC seal and paying applicable fees. This subsection will expire on August 31, 2017.]

[(b)] Individuals completing a commission approved Fire Officer IV program; documenting IFSAC seals for Fire Fighter II, Instructor II and Fire Officer III; and passing the applicable state examination, may be granted an IFSAC seal as a Fire Officer IV by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704719

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: January 7, 2018

For further information, please call: (512) 936-3812


CHAPTER 459. MINIMUM STANDARDS FOR FIRE AND LIFE SAFETY EDUCATOR CERTIFICATION

37 TAC §§459.1, 459.3, 459.5

The Texas Commission on Fire Protection (the commission) proposes new Chapter 459, Minimum Standards For Fire and Life Safety Educator Certification, concerning, §459.1, Fire and Life Safety Educator I Certification, §459.3, Minimum Standards for Fire and Life Safety Educator I Certification, and §459.5, Examination Requirement.

The purpose of the proposed new chapter is to offer a new voluntary certification that has been requested by the Texas fire service for several years.

Tim Rutland, Executive Director, has determined that for each year of the first five year period the proposed new chapter is in effect, there will be no significant fiscal impact to state government or local governments.

Mr. Rutland has also determined that for each year of the first five years the proposed new chapter is in effect, the public benefit from the passage is there will be certified fire and life safety educators across the state meeting the requirements of the National Fire Protection Association Standard (NFPA) 1035.

There will be no effect on micro or small businesses or persons required to comply with the new chapter as proposed.

The agency has determined that during the first five years the new chapter is in effect:

(1) the rule will not create or eliminate a government program;

(2) the rule will not create new or eliminate any existing employee positions;

(3) the new rule does not increase or decrease future legislative appropriations;

(4) the rule will not require an increase in fees paid to the agency;

(5) the rule will create a new regulation but will only apply to those individuals who choose to take advantage of the new certification;

(6) the rule will not expand, limit or repeal an existing regulation;

(7) the rule will increase the number of individuals subject to the rule because the new certification could be obtained by individuals not currently regulated by the commission; however, the certification is not mandated and is considered a voluntary certification; and

(8) Although not anticipated to be significant, any economic impact to the state would likely be positive, as individuals holding the certification would be delivering valuable fire safety education to communities.

Comments regarding the proposed new chapter may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768 or e-mailed to info@tcfp.texas.gov. Comments will be reviewed and discussed at a future commission meeting.

The new chapter is proposed under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties and §419.032 which allows the commission to appoint fire protection personnel.

The proposed new chapter implements Texas Government Code, Chapter 419, §419.008 and §419.032.

§459.1.Fire and Life Safety Educator I Certification.

(a) A Fire and Life Safety Educator I is defined as an individual who performs professional work in the coordination and delivery of public fire and life safety education, and fire prevention programs.

(b) All individuals holding a Fire and Life Safety Educator I certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).

(c) A regulated entity that employs an individual certified as Fire and Life Safety Educator I must report the individual's employment via the commission's online data management system (FIDO system).

(d) Special temporary provision. Individuals are eligible to take the commission examination for Fire and Life Safety Educator I certification by:

(1) providing documentation acceptable to the commission that the individual has successfully completed Fire and Life Safety Educator I certification training that meets the minimum requirements of National Fire Protection Association Standard 1035; or

(2) providing documentation acceptable to the commission of proficiency in fire and life safety education as an employee of a government entity, a member in a volunteer fire service organization, or an employee of a regulated non-governmental fire department; or

(3) holding certification as a Fire Instructor I or higher.

(4) This subsection will expire on February 28, 2019.

§459.3.Minimum Standards for Fire and Life Safety Educator I Certification.

In order to be certified as a Fire and Life Safety Educator I, an individual must:

(1) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire and Life Safety Educator I; or

(2) complete a commission approved Fire and Life Safety Educator I program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire and Life Safety Educator I program must consist of one of the following:

(A) completion of an in-state Fire and Life Safety Educator I program meeting the requirements of the applicable NFPA standard and conducted by a commission certified training provider, that was submitted and approved through the commission's training prior approval system; or

(B) completion of an out-of-state, educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard.

§459.5.Examination Requirement.

Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Fire and Life Safety Educator I certification.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704720

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: January 7, 2018

For further information, please call: (512) 936-3812