419.026. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1997. 1172, Sec. 879), Sec. 9, eff. (f) The commission shall establish by rule the requirements evidence must meet to be considered satisfactory for the purpose of complying with this section. Meet department training requirements. 419.009. 2, eff. 419.903. (a) In adopting or amending a rule under Section 419.008(a) or any other law, the commission shall seek the input of the fire fighter advisory committee. 419.039. Acts 2005, 79th Leg., Ch. 4, eff. (2) the commission has approved the person's fingerprint-based criminal history record information under Section 419.0325. 2.42(a), eff. 1, eff. (c) A federal agency may apply to the commission for regulation under this section if the agency is the employing authority for persons who, if employed by a local government, would be fire protection personnel under Section 419.021. The commission shall set and collect a fee for a manual that states rules and minimum standards for fire protection personnel. 4, eff. Sept. 1, 1989. (g) A federal agency or federal fire fighter that is subject to regulation under this section is entitled to a reasonable period in which to comply with applicable requirements. Texas Department of Insurance State Fire Marshal's Inspection Services Division 333 Guadalupe Street Austin, Texas 78701 (512) 305-7900 (c) A fire department shall develop and maintain a standard operating procedure covering the proper use, selection, care, and maintenance of all of its breathing apparatus. 419.021. 1), Sec. Companies shall not have a conflict of interest on any current jobs by performing service within the City of McKinney. (e) The commission may create a separate certification class for persons regulated under this section. Renumbered from Government Code Sec. The National Fire Protection Association standard applicable to protective clothing, self-contained breathing apparatus, or personal alert safety systems is the standard in effect when a fire-fighting agency contracts to purchase the item. 6.4.504* Fire department connections shall be located not more than 100 ft (30.5 m) from the nearest fire hydrant connected to an approved water supply. 17, eff. Redesignated from Sec. 1, eff. Sec. Sept. 1, 1987. (d) The commission shall send the fees authorized by Subsection (a) and Section 419.033(b) to the comptroller. (e) Not later than January 1 of each odd-numbered year, the commission shall report to the governor and to the legislature on the commission's activities. Added by Acts 1991, 72nd Leg., ch. 419.0322. COOPERATION WITH OTHER ENTITIES FOR TRAINING PURPOSES. Redesignated from Sec. PART-TIME FIRE PROTECTION EMPLOYEES. 15, eff. (e) The commission shall determine whether a federal agency or federal fire fighter that has applied for regulation is eligible for regulation under this section. 416.022 and amended by Acts 1991, 72nd Leg., ch. Redesignated from Sec. 419.042. (d) A nongovernmental entity, department, and fire protection employee regulated under this section are subject to Subchapter B and applicable commission rules to the same extent that Subchapter B and applicable commission rules apply to a local government, a fire department, or fire protection personnel employed by a local government. Sec. Sept. 1, 1989. 628, Sec. (B) has a population of more than 25,000. Sept. 1, 1991. Most fire departments conduct inspections but need advance notice to schedule an appointment. (e) A person, department, or other entity that is subject to regulation under this section is entitled to a reasonable period in which to comply with the requirements of Subchapter B and applicable commission rules. 1011), Sec. (a) A person commits an offense if the person: (1) accepts an appointment in violation of Section 419.032 or 419.037; (2) knowingly accepts an appointment in violation of Section 419.038; (3) appoints or retains a person in violation of Section 419.032; or. 1216 (S.B. 2, eff. 3866), Sec. The person may obtain a new certificate by submitting to the proficiency examination or repeating the requirements and procedures for obtaining an original certificate. The commission shall certify as fire protection personnel a person who is serving as a temporarily appointed department head under this subsection and who: (1) presents satisfactory evidence that the person has been a volunteer fire fighter for at least 10 years and passes the commission's basic certification examination administered under this subchapter on the first or second attempt; (2) presents satisfactory evidence that the person is eligible to be certified as fire protection personnel under Subsection (d) and passes the commission's basic certification examination administered under this subchapter on the first or second attempt; or. 419.007. REQUIREMENTS FOR THIRD PARTY FIRE WATCH COMPANIES 1. Sept. 1, 1997. PERSONNEL. SELF-CONTAINED BREATHING APPARATUS. (6) provide staff or educational materials on request to training programs or fire departments. (d) The commission may enter a default order if a fire department or training provider fails to take action to correct a violation found during an inspection conducted under this chapter or to request an informal settlement conference before the 61st day after the date the commission provides to the department or provider notice requiring the department or provider to correct the violation. 628, Sec. Sec. 1216 (S.B. FIRE PROTECTION PERSONNEL INJURY DATA; RECOMMENDATIONS TO REDUCE INJURIES. Added by Acts 2009, 81st Leg., R.S., Ch. The fact that a state agency employee becomes regulated by the commission under this section does not make the employing agency subject to commission regulation under this section, except that the commission may require reports from the agency that relate to the employee. 6.4.5.4.1 The location of the fire department connection shall be permitted to exceed 100 (30.5 m) subject to the approval of the authority having TEXAS STATE FIRE MARSHAL'S OFFICE 416.042 and amended by Acts 1991, 72nd Leg., ch. 4, eff. (d) A person who is certified as a part-time fire protection employee and a fire department or local government that employs a part-time fire protection employee are subject to this subchapter and applicable commission rules to the same extent that this subchapter and applicable commission rules apply to certified fire protection personnel and to a fire department or local government in the employment of fire protection personnel. The commission shall enforce Sections 419.040, 419.041, 419.042, 419.043, 419.044, 419.045, and 419.046. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. 628, Sec. (4) appoints a person in violation of Section 419.037 or 419.038. The commission shall set and collect from the person a fee of not more than $35 for the certificate. Sec. Application Requirements for Fire Department Financing. Added by Acts 1991, 72nd Leg., ch. The comptroller shall deposit a portion of the fees collected into a special account in the general revenue fund dedicated for use by the commission. 1011), Sec. The consent order or settlement agreement may include an agreement between the commission and the person under which the person will make restitution to a third party or pay a monetary penalty to the commission. 8, eff. Amended by Acts 1993, 73rd Leg., ch. We will protect lives and property through: Fire Prevention; Public Education; Firefighter Safety; Fire & Rescue Operations; Emergency Medical First Response; Disaster Management; Customer Satisfaction Survey The Nevada Volunteer Fire department was created in 1972, and has since become a tax-exempt . Sept. 1, 1989. VOLUNTARY REGULATION OF CERTAIN NONGOVERNMENTAL DEPARTMENTS. If the commission proposes to suspend, revoke, or refuse to renew a person's certificate, the person is entitled to a hearing conducted by the State Office of Administrative Hearings. Sept. 1, 1993. Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2021. (a) A fire department shall purchase, provide, and maintain a complete ensemble of appropriate protective clothing for each of its fire protection personnel who would be exposed to hazardous conditions from fire or other emergencies or where the potential for such exposure exists. 1, eff. The commission shall define the components by rule. Amended by Acts 1989, 71st Leg., ch. 2, eff. (d) The commission may certify persons who are qualified under this subchapter to be fire protection personnel. 1011), Sec. September 1, 2009. 7, eff. 628, Sec. 2.03, eff. 7, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. Sept. 1, 1989. Sept. 1, 1993. Sec. For the year in which the certificate expiration date is changed, certificate fees payable on the date set by commission rule shall be prorated on a monthly basis so that each fire department or other employing entity shall pay only that portion of the certificate fee that is allocable to the number of months during which the certificate is valid. Sept. 1, 1991. 10, eff. Acts 2013, 83rd Leg., R.S., Ch. Rules of practice adopted by the commission under Section 2001.004 applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings. The commission may on request provide technical assistance to emergency services districts, including advice on the efficient and effective provision of fire protection within a district. The employing agency or entity shall pay the fee in the manner prescribed by commission rule. TECHNICAL ASSISTANCE TO EMERGENCY SERVICES DISTRICTS. ELIGIBILITY FOR CERTAIN TRAINING ASSISTANCE. Texas City Fire code IFC 2015 & IBC 2015 and all amendments and codes. A person applying for regulation under this section must comply with continuing education requirements applicable to the discipline in which the certificate is held in order to maintain the certificate. 147, Sec. Sept. 1, 1987. Sept. 1, 2001. (B) a political subdivision of this state that employs fewer than five firefighters regulated by the commission. 1201-1.5.7 Building and Fire Codes The committee shall meet at least twice each calendar year at the call of the presiding officer or at the call of the commission. 628, Sec. Added by Acts 2001, 77th Leg., ch. 419.022. 21, eff. 1.14, eff. A person may not be appointed to an aircraft fire fighting and rescue fire protection personnel position, except on a probationary basis, unless the person has completed the training prescribed by the commission. Sec. Amended by Acts 1993, 73rd Leg., ch. (a) To the extent feasible, the commission, the state fire marshal, and the Texas Forest Service shall colocate office space outside of Travis County used for related functions performed by the three entities. The criteria must relate to a person's fitness to serve as fire protection personnel. CRIMINAL HISTORY RECORD INFORMATION APPROVAL REQUIRED FOR CERTIFICATION. The court may also award the commission a civil penalty not to exceed $1,000 for each violation of this chapter or a rule adopted under this chapter, plus court costs, reasonable attorney fees, and costs incurred by the commission or the attorney general's office under this subsection. 1172, Sec. 8.13, eff. Amended by Acts 2001, 77th Leg., ch. 4, eff. GENERAL POWERS AND DUTIES. 419.031. A member appointed under this chapter is entitled to receive reimbursement, subject to any applicable limitation on reimbursement provided by the General Appropriations Act, for actual and necessary expenses incurred in performing services as a member of the advisory committee. 76, Sec. (a) Not later than the 30th day after the date on which a certification examination is administered under this subchapter, the commission shall notify each examinee of the results of the examination. BIENNIAL INSPECTIONS. 628, Sec. 419.0365. A person may not be appointed to a marine fire protection personnel position, except on a probationary basis, unless the person has completed the training prescribed by the commission. (b) The protective clothing shall be suitable for the task that the individual is expected to perform and must comply with the minimum standards of the National Fire Protection Association or its successor. (d) A state agency may apply to the commission for regulation under this section if the agency is the employing authority for persons who, if employed by a local government, would be fire protection personnel under Section 419.021. Amended by Acts 1993, 73rd Leg., ch. 1011), Sec. Sept. 1, 1995. Drug usage may be a disqualification, depending on the substance used and frequency of use. Sept. 1, 1997. 4, Sec. 419.024. TCFP Structural Firefighter Basic Certification TCFP Driver … Amended by Acts 1997, 75th Leg., ch. (a) The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor. (2) an entity that contracts with the federal government. (d) The commission may accept gifts, grants, and contributions from private individuals or foundations and from the federal government. 2.49(a), eff. (a) A volunteer fire fighter certified under this subchapter may continue to hold and renew the certificate without regard to whether the person continues to be affiliated with a volunteer fire department. Added by Acts 1991, 72nd Leg., ch. 1216 (S.B. 912, Sec. Members of Fire Department. 20, eff. 59), Sec. Acts 1987, 70th Leg., ch. Sec. Requirements for Fire Cadet. The commission may: (1) authorize reimbursement for a local governmental agency for expenses in attending training programs as authorized by the legislature; (2) through issuance or revocation of a certificate, approve or revoke the approval of an institution or facility for a school operated by or for this state or a local government specifically for training fire protection personnel or recruits; (3) certify persons as qualified fire protection personnel instructors under conditions that the commission prescribes; (4) contract with persons or public or private agencies, as the commission considers necessary, for studies and reports that the commission requires to cooperate with local governmental agencies in training programs and to otherwise perform its functions; (5) revoke the certification of fire protection personnel instructors; and.
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