37 Tex. Admin. Code § 421.5 - Definitions
The following words and terms, when used in the Standards Manual, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Admission to
employment--An entry level full-time employee of a local government entity in
one of the categories of fire protection personnel.
(2) Appointment--The designation or
assignment of a person to a discipline regulated by the commission. The types
of appointments are:
(A) permanent
appointment--the designation or assignment of certified fire protection
personnel or certified part time fire protection employees to a particular
discipline (See Texas Government Code, Chapter 419, § 419.032);
and
(B) probationary or temporary
appointment--the designation or assignment of an individual to a particular
discipline, except for head of a fire department, for which the individual has
passed the commission's certification and has met the medical requirement of
§
423.1(c) of this
title (relating to Minimum Standards for Structure Fire Protection Personnel),
if applicable, but has not yet been certified. (See Texas Government Code,
Chapter, § 419.032.)
(3) Approved training--Any training used for
a higher level of certification must be approved by the commission and assigned
to either the A-List or the B-List. The training submission must be in a manner
specified by the commission and contain all information requested by the
commission. The commission will not grant credit twice for the same subject
content or course. Inclusion on the A-List or B-List does not preclude the
course approval process as stated elsewhere in the Standards Manual.
(4) Assigned/work--A fire protection
personnel or a part-time fire protection employee shall be considered
"assigned/working" in a position, any time the individual is receiving
compensation and performing the duties that are regulated by the commission and
has been permanently appointed, as defined in this section, to the particular
discipline.
(5) Assistant fire
chief--The officer occupying the first position subordinate to the head of a
fire department.
(6) Auxiliary fire
fighter--A volunteer fire fighter.
(7) Benefits--Benefits shall include, but are
not limited to, inclusion in group insurance plans (such as health, life, and
disability) or pension plans, stipends, free water usage, and reimbursed travel
expenses (such as meals, mileage, and lodging).
(8) Chief Training Officer--The individual,
by whatever title he or she may be called, who coordinates the activities of a
certified training facility.
(9)
Class hour--Defined as not less than 50 minutes of instruction, also defined as
a contact hour; a standard for certification of fire protection
personnel.
(10) Code--The official
legislation creating the commission.
(11) College credits--Credits earned for
studies satisfactorily completed at an institution of higher education
accredited by an agency recognized by the U.S. Secretary of Education and
including National Fire Academy (NFA) open learning program colleges, or
courses recommended for college credit by the American Council on Education
(ACE) or delivered through the National Emergency Training Center (both EMI and
NFA) programs. A course of study satisfactorily completed and identified on an
official transcript from a college or in the ACE National Guide that is
primarily related to Fire Service, Emergency Medicine, Emergency Management, or
Public Administration is defined as applicable for Fire Science college credit,
and is acceptable for higher levels of certification. A criminal justice course
related to fire and or arson investigation that is satisfactorily completed and
identified on an official transcript from a college or in the ACE National
Guide may be used to qualify for Master Arson Investigator
certification.
(12)
Commission--Texas Commission on Fire Protection.
(13) Commission-recognized training--A
curriculum or training program which carries written approval from the
commission, or credit hours that appear on an official transcript from an
accredited college or university, or any fire service training received from a
nationally recognized source, i.e., the National Fire Academy.
(14) Compensation--Compensation is to include
wages, salaries, and "per call" payments (for attending drills, meetings or
answering emergencies).
(15)
Expired--Any certification that has not been renewed on or before the end of
the certification period.
(16)
Federal fire fighter--A person as defined in Texas Government Code, Chapter
419, §419.084(h).
(17) Fire
chief--The head of a fire department.
(18) Fire department--A department of a local
government that is staffed by one or more fire protection personnel or
part-time fire protection employees.
(19) Fire protection personnel--Any person
who is a permanent full-time employee of a fire department or governmental
entity and who is appointed duties in one of the following
categories/disciplines: fire suppression, fire inspection, fire and arson
investigation, marine fire fighting, aircraft rescue fire fighting, fire
training, fire education, fire administration and others employed in related
positions necessarily or customarily appertaining thereto.
(20) Fire Code Inspection--Also called Fire
Safety Inspection as referenced in Texas Government Code, Chapter 419, §
419.909. An inspection performed for the purpose of determining and enforcing
compliance with an adopted fire code.
(21) Fire suppression duties--Engaging in the
controlling or extinguishment of a fire of any type or performing activities
which are required for and directly related to the control and extinguishment
of fires or standing by on the employer's premises or apparatus or nearby in a
state of readiness to perform these duties.
(22) Full-time--An officer or employee is
considered full-time if the employee works an average of 40 hours a week or
averages 40 hours per week or more during a work cycle in a calendar year. For
the purposes of this definition paid leave will be considered time
worked.
(23) Government entity--The
local authority having jurisdiction as employer of full-time fire protection
personnel in a state agency, incorporated city, village, town or county,
education institution or political subdivision.
(24) High school--A school accredited as a
high school by the Texas Education Agency or equivalent accreditation agency
from another jurisdiction.
(25)
Immediately dangerous to life or health (IDLH)--An atmosphere that poses an
immediate threat to life, would cause irreversible adverse health effects, or
would impair an individual's ability to escape from a dangerous
atmosphere.
(26) Incipient stage
fire--A fire which is in the initial or beginning stage and which can be
controlled or extinguished by portable fire extinguishers, Class II standpipe
or small hose systems without the need for protective clothing or breathing
apparatus.
(27) Instructor:
(A) Lead Instructor--Oversees the
presentation of an entire course and assures that course objectives are met in
accordance with the applicable curriculum or course material. The lead
instructor should have sufficient experience in presenting all units of the
course so as to be capable of last-minute substitution for other
instructors.
(B) Instructor (also
Unit Instructor for wildland courses)--Responsible for the successful
presentation of one or more areas of instruction within a course, and should be
experienced in the lesson content they are presenting.
(C) Guest Instructor--An individual who may
or may not hold Instructor certification but whose special knowledge, skill,
and expertise in a particular subject area may enhance the effectiveness of the
training in a course. Guest instructors shall teach under the endorsement of
the lead instructor.
(28) Interior structural fire fighting--The
physical activity of fire suppression, rescue or both, inside of buildings or
enclosed structures which are involved in a fire situation beyond the incipient
stage. (See
29
CFR §1910.155.)
(29) Military active duty (or active
duty)--Current full-time military service in the armed forces of the United
States, or full-time military service as a member of the Texas military forces
or a similar service of another state.
(30) Military service member--A person who is
on active duty.
(31) Military
spouse--A person who is married to a military service member.
(32) Military veteran--A person who has
served on active duty and who was discharged or released from active
duty.
(33) Municipality--Any
incorporated city, village, or town of this state and any county or political
subdivision or district in this state. Municipal pertains to a municipality as
defined in this section.
(34)
National Fire Academy semester credit hours--The number of hours credited for
attendance of National Fire Academy courses is determined as recommended in the
most recent edition of the "National Guide to Educational Credit for Training
Programs," American Council on Education (ACE).
(35) National Fire Protection Association
(NFPA)--An organization established to provide and advocate consensus codes and
standards, research, training, and education for fire protection.
(36) National Wildfire Coordinating Group
(NWCG)--An operational group designed to establish, implement, maintain, and
communicate policy, standards, guidelines, and qualifications for wildland fire
program management among participating agencies.
(37) Non-self-serving affidavit--A sworn
document executed by someone other than the individual seeking
certification.
(38) Participating
volunteer fire fighter--An individual who voluntarily seeks certification and
regulation by the commission under the Texas Government Code, Chapter 419,
Subchapter D.
(39) Participating
volunteer fire service organization--A fire department that voluntarily seeks
regulation by the commission under the Texas Government Code, Chapter 419,
Subchapter D.
(40) Part-time fire
protection employee--An individual who is appointed as a part-time fire
protection employee and who receives compensation, including benefits and
reimbursement for expenses. A part-time fire protection employee is not
full-time as defined in this section.
(41) Personal alert safety system
(PASS)--Devices that are certified as being compliant with NFPA 1982 and that
automatically activates an alarm signal (which can also be manually activated)
to alert and assist others in locating a fire fighter or emergency services
person who is in danger.
(42)
Political subdivision--A political subdivision of the State of Texas that
includes, but is not limited to the following:
(A) city;
(B) county;
(C) school district;
(D) junior college district;
(E) levee improvement district;
(F) drainage district;
(G) irrigation district;
(H) water improvement district;
(I) water control and improvement
district;
(J) water control and
preservation district;
(K)
freshwater supply district;
(L)
navigation district;
(M)
conservation and reclamation district;
(N) soil conservation district;
(O) communication district;
(P) public health district;
(Q) river authority;
(R) municipal utility district;
(S) transit authority;
(T) hospital district;
(U) emergency services district;
(V) rural fire prevention district;
and
(W) any other governmental
entity that:
(i) embraces a geographical area
with a defined boundary;
(ii)
exists for the purpose of discharging functions of the government;
and
(iii) possesses authority for
subordinate self-government through officers selected by it.
(43) Pre-fire
Planning--Also called a Pre-fire Survey. A walk-through performed by fire
fighters for the purpose of gaining familiarity with a building, its contents,
and its occupancy.
(44) Reciprocity
for IFSAC seals and TEEX Pro Board certificates--Valid documentation of
accreditation from the International Fire Service Accreditation Congress and
the National Board on Fire Service Professional Qualifications issued by the
Texas A&M Engineering Extension Service used for commission certification
may only be used for obtaining an initial certification.
(45) Recognition of training--A document
issued by the commission stating that an individual has completed the training
requirements of a specific phase level of the Basic Fire Suppression
Curriculum.
(46) School--Any
school, college, university, academy, or local training program which offers
fire service training and included within its meaning the combination of course
curriculum, instructors, and facilities.
(47) Structural fire protection
personnel--Any person who is a permanent full-time employee of a government
entity who engages in fire fighting activities involving structures and may
perform other emergency activities typically associated with fire fighting
activities such as rescue, emergency medical response, confined space rescue,
hazardous materials response, and wildland fire fighting.
(48) Trainee--An individual who is
participating in a commission approved training program.
(49) Volunteer fire protection personnel--Any
person who has met the requirements for membership in a volunteer fire service
organization, who is assigned duties in one of the following categories: fire
suppression, fire inspection, fire and arson investigation, marine fire
fighting, aircraft rescue fire fighting, fire training, fire education, fire
administration and others in related positions necessarily or customarily
appertaining thereto.
(50)
Volunteer fire service organization--A volunteer fire department or
organization not under mandatory regulation by the commission.
(51) 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) a commission certification as a
full-time, or part-time employee of a government entity, a member in a
volunteer fire service organization, and/or an employee of a regulated
non-governmental fire department; or
(ii) a State Firemen's and Fire Marshals'
Association advanced fire fighter certification and have successfully
completed, as a minimum, the requirements for an Emergency Care Attendant (ECA)
as specified by the Department of State Health Services (DSHS), or its
successor agency, or its equivalent; or
(iii) an equivalent certification as a
full-time fire protection personnel of a governmental entity from another
jurisdiction, including the military, or while a member in a volunteer fire
service organization from another jurisdiction, and have, as a minimum, the
requirements for an ECA as specified by the DSHS, or its successor agency, or
its equivalent; or
(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 DSHS or the Texas Commission on Law Enforcement.
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) For fire service personnel
certified as required in subparagraph (A) of this paragraph on or before
October 31, 1998, years of experience includes the time from the date of
employment or membership to date of certification not to exceed one
year.
Notes
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