PART 13. TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 469. TECHNICAL RESCUE
The Texas Commission on Fire Protection (the Commission) proposes a new chapter, 37 Texas Administrative Code Chapter 469, Technical Rescue, concerning §469.1 Rope Rescue Awareness Level/Operations Level Certification, §469.3 Minimum Standards for Rope Rescue Awareness Level/Operations Level, §469.5 Examination Requirement, §469.201 Rope Rescue Technician Level, §469.203 Minimum Standards for Rope Rescue Technician Level Certification, and §469.205 Examination Requirements.
BACKGROUND AND PURPOSE
The proposed new chapter aims to establish rules concerning standards for rope rescues at the awareness/operations level and the technician level. It defines the definition of each level, the minimum standards, and the examination requirements for certification.
FISCAL NOTE IMPACT ON STATE AND LOCAL GOVERNMENT
Michael Wisko, Agency Chief, 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 because of enforcing or administering these new rules as proposed under Texas Government Code §2001.024(a)(4).
PUBLIC BENEFIT AND COST NOTE
Mr. Wisko has also determined under Texas Government Code §2001.024(a)(5) that for each year of the first five years the proposed new chapter is in effect, the public benefit will be accurate, clear, and concise rules.
LOCAL ECONOMY IMPACT STATEMENT
There is no anticipated effect on the local economy for the first five years that the proposed new chapter is in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and 2001.024(a)(6).
ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
Mr. Wisko has determined there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing the proposed new chapter. Therefore, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002.
GOVERNMENT GROWTH IMPACT STATEMENT
The agency has determined under Texas Government Code §2006.0221 that during the first five years the proposed new chapter is in effect:
(1) the rules will not create or eliminate a government program;
(2) the rules will not create or eliminate any existing employee positions;
(3) the rules will not require an increase or decrease in future legislative appropriation;
(4) the rules will not result in a decrease in fees paid to the agency;
(5) the rules will not create a new regulation;
(6) the rules will not expand a regulation;
(7) the rules will not increase the number of individuals subject to the rule; and
(8) the rules are not anticipated to have an adverse impact on the state's economy.
TAKINGS IMPACT ASSESSMENT
The Commission has determined that no private real property interests are affected by this proposal and this proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, this proposal does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
COSTS TO REGULATED PERSONS
The proposed new chapter does not impose a cost on regulated persons, including another state agency, a special district, or a local government, and, therefore, are not subject to Texas Government Code §2001.0045.
ENVIRONMENTAL IMPACT STATEMENT
The Commission has determined that the proposed new chapter does not require an environmental impact analysis because the new rules are not major environmental rules under Texas Government Code §2001.0225.
REQUEST FOR PUBLIC COMMENT
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 Michael Wisko, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768, or e-mailed to frank.king@tcfp.texas.gov.
SUBCHAPTER A. MINIMUM STANDARDS FOR ROPE RESCUE AWARENESS AND OPERATIONS
STATUTORY AUTHORITY
The new chapter is proposed under Texas Government Code §419.008(f), which provides the Commission may appoint an advisory committee to assist it in the performance of its duties, and under Texas Government Code §419.008(a), which provides the Commission may adopt rules for the administration of its powers and duties. Additionally, §463.7, Terms, is proposed pursuant to Texas Government Code §419.008(f), which provides members appointed under chapter 419 shall serve six-year staggered terms but may not be appointed to more than two consecutive terms.
CROSS-REFERENCE TO STATUTE
No other statutes, articles, or codes are affected by these new rules.
§469.1.Rope Rescue Awareness Level/Operations Level Certification.
(a) A Rope Rescue Awareness Level/Operations Level Rescuer is an individual who has met the requirements of Chapters 5.1 and 5.2 of NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications and has the knowledge, skills, and ability to perform Rope Rescue at the Awareness Level/Operations Level.
(b) All individuals holding a Rope Rescue Awareness Level/Operations Level certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).
(c) Special temporary provision. Individuals are eligible to take the commission examination for Rope Rescue Awareness Level/Operations Level by:
(1) holding as a minimum, Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel through the Commission; and
(2) providing documentation acceptable to the Commission, in the form of an affidavit from the individual's Head of Department or Chief Training Officer, that the individual has met the department's requirements to perform as a Rope Rescuer and has demonstrated proficiency as a Rope Rescuer at the Rope Rescue Awareness Level/Operations Level.
(d) All applications for testing during the special temporary provision period must be received no earlier than October 1, 2024, and no later than October 1, 2025.
(e) This special temporary provision will expire on November 1, 2025.
§469.3.Minimum Standards for Rope Rescue Awareness Level/Operations Level Certification.
To be certified to the Rope Rescue Awareness Level/Operations Level, an individual must:
(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and
(2) complete a Commission-approved Rope Rescue Awareness Level/Operations Level program and successfully pass the Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Rope Rescue Awareness Level/Operations Level program must consist of one of the following:
(A) completion of an in-state Rope Rescue Awareness Level/Operations Level 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.
§469.5.Examination Requirement.
Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Rope Rescue Awareness Level/Operations Level 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 June 27, 2024.
TRD-202402815
Frank King
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: August 11, 2024
For further information, please call: (512) 936-3824
37 TAC §§469.201, 469.203, 469.205
STATUTORY AUTHORITY
The new chapter is proposed under Texas Government Code §419.008, which provides the Commission the authority to propose rules for the administration of its powers and duties, and may appoint advisory committeesto assist the Commission in the performance of its duties.
CROSS-REFERENCE TO STATUTE
No other statutes, articles, or codes are affected by these new rules.
§469.201.Rope Rescue Technician Level.
(a) A Rope Rescue Technician Level Rescuer is an individual who has met the requirements of Chapter 5.3 of NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications, and has the knowledge, skills, and ability to perform Rope Rescue at the Technician Level.
(b) All individuals holding a Rope Rescue Technician Level certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).
(c) Special temporary provision. Individuals are eligible to take the Commission examinations for the Rope Rescue Technician Level by:
(1) holding as a minimum, Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel through the Commission; and
(2) providing documentation acceptable to the commission, in the form of an affidavit from the individual's Head of Department or Chief Training Officer, that the individual has met the department's requirements to perform as a Rope Rescuer and has demonstrated proficiency as a Rope Rescuer at the Rope Rescue Technician Level.
(d) All applications for testing during the special temporary provision period must be received no earlier than October 1, 2024, and no later than October 1, 2025.
(e) This temporary provision will expire on November 1, 2025.
§469.203.Minimum Standards for Rope Rescue Technician Level Certification.
To be certified at the Rope Rescue Technician Level, an individual must:
(1) Option 1--hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and
(A) hold a Rope Rescue Awareness Level/Operations Level certification through the commission; and
(B) complete a commission-approved Rope Rescue Technician Level program and successfully pass the commission examination for Rope Rescue Technician as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Rope Rescue Technician Level program must consist of one of the following:
(ii) completion of an in-state Rope Rescue Technician Level 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
(ii) successful 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.
(2) Option 2--hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and
(A) complete a Commission-approved Rope Rescue Awareness Level/Operations Level program. An approved Rope Rescue Awareness Level/Operations Level program must consist of one of the following:
(i) completion of an in-state Rope Rescue Awareness Level/Operations Level 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
(ii) successful 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; and
(B) complete a commission-approved Rope Rescue Technician Level program. An approved Rope Rescue Technician Level program must consist of one of the following:
(i) completion of an in-state Rope Rescue Technician Level 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
(ii) 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; and
(C) successfully pass the Commission examinations for the Rope Rescue Technician Level as specified in Chapter 439 of this title (relating to Examinations for Certification).
§469.205.Examination Requirement.
Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Rope Rescue Technician Level 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 June 27, 2024.
TRD-202402816
Frank King
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: August 11, 2024
For further information, please call: (512) 936-3824