The purpose of the changes to Rule 69A-37.065, F.A.C., is to update the fire investigator training program as provided in Section 633.406(2), Florida Statutes. The Division is authorized to establish, by rule, certificates that may be awarded in ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-37.039Prescribed Forms for Training and Certification

69A-37.065Programs of Study and Vocational Courses

PURPOSE AND EFFECT: The purpose of the changes to Rule 69A-37.065, F.A.C., is to update the fire investigator training program as provided in Section 633.406(2), Florida Statutes. The Division is authorized to establish, by rule, certificates that may be awarded in recognition of special training or education. Under this authority, the Division offers a certificate in fire investigation to individuals who complete needful professional instruction and training on the subject of fire investigation. The proposed rule updates the current advanced training program designed for individuals having fire investigation responsibilities and alters the requirements for certification accordingly. This program is based on the National Fire Protection Association (NFPA) 1033, “Standard for Professional Qualifications for Fire Investigators.” The purpose of the changes to Rule 69A-37.039, F.A.C., is to adopt the forms necessary to implement the changes being made in Rule 69A-37.065, F.A.C.

SUMMARY: The proposed changes alter the requirements for fire investigator certification, amend the application form, and introduce two new forms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This is a voluntary training program.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 633.104, 633.128(1)(l), (2)(a), 633.216(9), 633.406(1)(b), (f), (2), 633.418(1), 633.508(2), FS.

LAW IMPLEMENTED: 633.112(1), 633.128, 633.132, 633.138, 633.216, 633.406, 633.408, 633.412, 633.418, 633.508(2), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Thursday, February 9, 2017, at 11 a.m.

PLACE: Room 114, Florida State Fire College, 11655 Northwest Gainesville Road, Ocala, Florida 34482.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mike Tucker, telephone: [phone], email: [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Tucker, Bureau Chief, Bureau of Fire Standards and Training, Division of State Fire Marshal, Department of Financial Services, telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-37.039 Prescribed Forms for Training and Certification.

(1) No change.

(2) The following forms are hereby adopted and incorporated by reference in this rule:

(a) through (i) No change.

(j) DFS-K4-1438, rev. 1/17 03/09, “Application for Fire Investigator I Certification.”

(k) DFS-K4-1439, rev. 03/09, “Application for Fire Investigator II Certification.”

(l) through (ww) are renumbered as (k) through (vv) No change.

(ww) DFS-K4-2171, “Fire Investigator Task Book,” eff. 1/17.

(xx) DFS-K4-2175, “Fire Investigator Portfolio,” eff. 1/17.

Rulemaking Authority 633.104, 633.128(1)(l), 633.216(9), 633.406(2), 633.418(1), 633.508(2) FS. Law Implemented 633.112(1), 633.128, 633.138, 633.216, 633.406, 633.408, 633.412, 633.418, 633.508(2) FS. History–New 9-7-81, Formerly 4A-37.20, 4A-37.39, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 9-13-98, 12-10-01, Formerly 4A-37.039, Amended 3-19-09, 8-27-12, 8-20-13, 11-18-13, 2-15-15 (f), 2-15-15 (ee)-(ii), 7-13-16,               .

 

69A-37.065 Programs of Study and Vocational Courses.

The following programs of study are developed and revised by the Florida State Fire College, pursuant to Sections 633.128 and 633.216, F.S.:

(1) through (3) No change.

(4) Fire Investigator Program. This is a voluntary advanced training program designed for certified firefighters, certified law enforcement officers, law enforcement crime scene technicians, and certified firesafety inspectors who have fire investigation responsibilities. This program is based on the National Fire Protection Association (NFPA) 1033 “Standard for Professional Qualifications for Fire Investigator.” This program is intended to prepare individuals for service as fire investigators in the public sector.

(a) Fire Investigator Certification for Individuals holding a Fire Investigator II Certification. For individuals holding a Fire Investigator II Certificate of Competency issued by the Division, the Division shall issue a Fire Investigator Certificate of Competency if the applicant:

1. Is a certifed firefighter, certified law enforcement officer, law enforcement crime scene technician, or certified sworn or non-sworn firesafety inspector; and

2. Submitted to the Bureau of Fire Standards and Training a completed Form DFS-K4-2175, “Fire Investigator Portfolio,” or a completed Form DFS-K4-2171, “Fire Investigator Task Book,” both of which are incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained as specified in subsection 69A-37.039(1), F.A.C.; and,

3. Submitted a completed Form DFS-K4-1438, “Application for Fire Investigator Certification,” which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained as specified in subsection 69A-37.039(1), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(b) Fire Investigator Certification for All Others. For all other individuals, including those who hold a Fire Investigator I Certificate of Competency issued by the Division, the Division shall issue a Fire Investigator Certificate of Competency if the individual meets the requirements of this paragraph (4)(b).

1. Program Requirements. Each individual must satisfy program requirements. The program shall consist of no less than 360 hours of training, with each course being no less than 45 hours in duration. Unless courses of equivalent interactive instruction are approved by the Bureau of Fire Standards and Training pursuant to paragraph (4)(c), below, the indidivual must complete each of the following courses:

a. Fire Chemistry.

b. Fire Origin and Cause.

c. Fire Protection Systems.

d. Building Construction.

e. Latent Investigation.

f. Arson Investigation.

g. Post Blast Investigation.

h. Legal Issues for Fire Investigators.

2. Approved Courses. Courses under this paragraph (d) must be approved by the Bureau of Fire Standards and Training and meet the curriculum requirements of the program. Approved courses are delivered by either the Division; a provider whose course is registered in the Florida Department of Education Statewide Course Numbering System; the United States Fire Administration – National Fire Academy; a regionally accredited or nationally accredited college or university as outlined in subsections 69A-37.084(5) and (6), F.A.C.; a provider whose course is recognized by the Fire and Emergency Services Higher Education program; or a provider whose course is determined by the Division to be equivalent to the Statewide Course Numbering System or Fire and Emergency Services Higher Education course. The courses “Latent Investigation,” “Arson Investigation,” “Fire Origin and Cause,” “Post Blast Investigation,” and “Legal Issues for Fire Investigators” shall be taught in a traditional classroom delivery method. The courses “Fire Chemistry,” “Fire Protection Systems,” and “Building Construction” may be taught by a provider using alternative delivery techniques, including online course delivery or blended learning. For each course, a provider shall:

a. If taught by a provider other than the Bureau of Fire Standards and Training, obtain approval for the class offering from the Bureau of Fire Standards and Training prior to the first day of the course by submitting to the Bureau of Fire Standards and Training a completed Class Offering Request Form, DFS-K4-2167. This form is available at this link: https://floridastatefirecollege.org/provider/pr_offering_app.asp, which is incorporated by reference in subsection 69A-37.039(2), F.A.C, or can be obtained as specified in subsection 69A-37.039(1), F.A.C.; and,

b. Deliver the course using the corresponding syllabus found at the following link: http://www.myfloridacfo.com/Division/SFM/BFST/Training/CourseSyllabi.htm, which is hereby incorporated by reference; and,

c. Prepare a record of all students enrolled in the course prior to the first day of the course and submit to the Bureau of Fire Standards and Training; and,

d. Record a final grade for each student and submit to the Bureau of Fire Standards and Training within 10 days after course completion.

3. Instructor Qualifications. An instructor providing training under this paragraph (4)(b) must be qualified and approved by the Bureau of Fire Standards and Training for each course. All instructors shall submit an Instructor Approval Request Form, DFS-K4-2168, at the following link: https://floridastatefirecollege.org/public/pb_provider_app1.asp. This form is incorporated by reference in subsection 69A-37.039(2), F.A.C, and can be obtained as specified in subsection 69A-37.039(1), F.A.C. Approval by the Bureau of Fire Standards and Training is required prior to the first day of the course.

a. Unless additional qualifications are required pursuant to sub-subparagraph (4)(b)3.c., for all courses listed under subparagraph (4)(b)1., qualified instructors are:

(I) Instructors with requisite faculty credentials for the academic institution that is registered in the Florida Department of Education Statewide Course Numbering System to teach the course; or

(II) Instructors with requisite faculty credentials as determined by the United States Fire Administration – National Fire Academy; or

(III) Instructors with requisite faculty credentials as determined by the respective regionally accredited or nationally accredited university or college as outlined in subsections 69A-37.084(5) and (6), F.A.C.; or

(IV) Instructors who hold an active Single Course Exemption Certification issued by the Division as outlined in subsection 69A-37.059(4), F.A.C., or

(V) Instructors who hold an active Fire Investigator Certificate of Competency issued by the Division and an active Instructor III Certification issued by the Division, or

(VI) Instructors who hold an active Fire Investigator II Certificate of Competency issued by the Division and an active Instructor III Certification issued by the Division (this instructor qualification expires on December 31, 2017).

b. In regard to the courses “Fire Chemistry,” “Fire Origin and Cause,” “Fire Protection Systems,” and “Building Construction,” individuals who hold an active Fire Investigator I Certificate of Competency issued by the Division and an active Instructor III Certification issued by the Division shall be considered qualified instructors (this instructor qualification expires on December 31, 2017).

c. Additional Requirements for Specific Courses.

(I) Instructors teaching the course “Legal Issues for Fire Investigators” shall, in addition to the requirements listed in sub-subparagraph (4)(b)3.a., possess a Bachelor of Laws degree or a Juris Doctor degree and be an active member in good standing of the Florida Bar.

(II) Instructors teaching the course “Post Blast Investigation” shall, in addition to the requirements listed in sub-subparagraph (4)(b)3.a., be certified by the Federal Bureau of Investigation (FBI) or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as an Explosives Ordinance Disposal Technician, an Explosives Specialist, an Explosives Enforcement Officer, or a Special Agent Bomb Technician, or maintain a certification of the same title by a certifying body requiring qualifications equivalent to those required by the FBI or the ATF.

4. Requirements for Certificate of Competency. The Division shall issue a Fire Investigator Certificate of Competency if the applicant:

a. Completed all courses required under subparagraph (4)(b)1. with a grade of 70% or higher in each; and,

b. Passed the Fire Investigator state certification examination with a score of 70% or higher; and,

c. Is a certifed firefighter, certified law enforcement officer, law enforcement crime scene techician, or certified sworn or non-sworn firesafety inspector; and,

d. Submitted to the Bureau of Fire Standards and Training a completed Form DFS-K4-2171, “Fire Investigator Task Book,” which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained as specified in subsection 69A-37.039(1), F.A.C.; and,

e. Submitted the required Form DFS-K4-1438, “Application for Fire Investigator Certification,” which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained as specified in subsection 69A-37.039(1), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training; and,

(c) Courses submitted for equivalency under subparagraph (4)(b)1. shall be reviewed by the Bureau of Fire Standards and Training. Courses determined by the Bureau of Fire Standards and Training to be of equivalent interactive instruction shall be approved as an alternate only after receipt of the documentation required by this paragraph (4)(c). Requests for approval shall be submitted in writing to the Bureau of Fire Standards and Training, 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486. All requests for course equivalency shall include, at a minimum:

1. Name of course;

2. Passage scores and rates;

3. An educational agenda or syllabus;

4. Required number of classroom or alternative interactive hours;

5. Description of the course objectives, student learning outcomes, or job performance requirements covered.

(d) Fire Investigator I and Fire Investigator II Certificates.

1. Any Fire Investigator I Certificate of Competency issued by the Division remains active until the Fire Investigator I certificate holder is issued a Fire Investigator Certificate of Competency.

2. Any Fire Investigator II Certificate of Competency issued by the Division remains active until the Fire Investigator II certificate holder is issued a Fire Investigator Certificate of Competency.

This program is intended to prepare students for service as fire investigators or equivalent positions and to provide additional education to ancillary service providers in the area of arson investigation. Fire Investigator I is open to any enrollment while Fire Investigator II is restricted to certified law enforcement officers, certified firefighters, and certified firesafety inspectors.

(a) Fire Investigator I.

1. Length of Program. This program consists of no fewer than four courses, vocational or academic, of at least 160 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

2. Content of Program. The program includes coursework in fire chemistry, fire origin and cause, fire protection systems, and building construction.

3. Instructor Qualifications.

a. An Instructor I must hold a certificate of competency as a Fire Investigator I;

b. Instructor II or III may teach provided he or she has successfully completed the course.

4. Requirements for certificate of competency:

a. Successful completion of all required course work.

b. Passing a state examination with a score of 70% or higher.

c. Submission of the required application (Form DFS-K4-1438), which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(b) Fire Investigator II.

1. Length of Program. This program consists of no fewer than four courses, vocational or academic, of at least 160 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

2. Content of Program. The program includes coursework in latent investigation, arson investigation, post-blast investigation, and legal issues for fire investigators.

3. Instructor Qualifications.

a. An Instructor I must hold a state certificate of competency as a Fire Investigator II.

b. Instructor II or III may teach provided he or she has successfully completed the course.

c. An instructor for the legal issues course shall possess the Bachelor of Laws or Juris Doctor degree and be an active member in good standing of The Florida Bar.

4. Requirements for certificate of competency:

a. Successful completion of all required course work.

b. Holding a certificate of competency as a Fire Investigator I.

c. Submission of the required application (Form DFS-K4-1439), which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(5) through (10) No change.

Rulemaking Authority 633.104, 633.128, 633.406(2), 633.418, 633.508(2) FS. Law Implemented 633.128, 633.132, 633.406, 633.408, 633.418, 633.508(2) FS. History–New 12-10-01, Formerly 4A-37.065, Amended 8-27-12, 11-18-13, 2-15-15, 7-13-16, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Tucker

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/29/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 06/23/2016