Section 421.5 - DefinitionsThe 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: (D) junior college district;(E) levee improvement district;(H) water improvement district;(I) water control and improvement district;(J) water control and preservation district;(K) freshwater supply district;(M) conservation and reclamation district;(N) soil conservation district;(O) communication district;(P) public health district;(R) municipal utility 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.37 Tex. Admin. Code § 421.5
The provisions of this §421.5 adopted to be effective November 1, 1998, 23 TexReg 10886; amended to be effective May 23, 1999, 24 TexReg 3861; amended to be effective November 14, 1999, 24 TexReg 10139; amended to be effective March 2, 2000, 25 TexReg 1721; amended to be effective June 26, 2001, 26 TexReg 4734; amended to be effective March 5, 2002, 27 TexReg 1533; amended to be effective July 29, 2002, 27 TexReg 6722; amended to be effective November 20, 2002, 27 TexReg 10747; amended to be effective March 10, 2003, 28 TexReg 2122; amended to be effective February 17, 2004, 29 TexReg 1413; amended to be effective May 6, 2004, 29 TexReg 4229; amended to be effectiveAugust 5, 2004, 29 TexReg 7452; amended to be effective March 27, 2006, 31 TexReg 2695; amended to be effective December 3, 2006, 31 TexReg 9618; amended to be effective May 9, 2007, 32 TexReg 2470; amended to be effective February 17, 2008, 33 TexReg 1129; amended to be effective August 17, 2008, 33 TexReg 6600; amended to be effective February 23, 2009, 34 TexReg 1259; amended to be effective August 10, 2009, 34 TexReg 5411; amended to be effective August 5, 2013, 38 TexReg 4901; amended to be effective November 11, 2013, 38 TexReg 7978; amended to be effective March 2, 2014, 39 TexReg 1163; amended to be effective May 20, 2014, 39 TexReg 3874; Amended by Texas Register, Volume 40, Number 47, November 20, 2015, TexReg 8343, eff. 11/26/2015; Amended by Texas Register, Volume 41, Number 06, February 5, 2016, TexReg 980, eff. 2/10/2016