Section 633.128(1)(e), F.S., requires the Division to issue certificates of competency to persons who, by reason of experience and completion of basic in-service training, advanced education, or specialized training, are especially qualified for ...

 

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: Section 633.128(1)(e), F.S., requires the Division to issue certificates of competency to persons who, by reason of experience and completion of basic in-service training, advanced education, or specialized training, are especially qualified for particular aspects or classes of firefighting duties. Section 633.406(2), F.S., authorizes the Division to establish by rule additional certificates that the Division may award in recognition of special training or education received by an individual, authorizing that individual to perform specialized firefighting services or provide specialized firefighting instruction, such as hazardous materials and urban search and rescue. Section 633.508(2), F.S., authorizes the Division of State Fire Marshal to adopt rules for the purpose of ensuring safe working conditions for all firefighter employees by authorizing the enforcement of effective standards, by assisting and encouraging firefighter employers to maintain safe working conditions, and by providing for education and training in the field of safety.

SUMMARY: The rule will establish a voluntary certification program for firefighters who desire to perform the duties of a safety officer. The safety officer is the person who is qualified to manage different elements of a fire department safety and health program. A person who completes the program will receive an Incident Safety Officer Certificate of Completion, a Health and Safety Officer Certificate of Completion, or a Safety Officer Certificate of Competency. This program is based on the National Fire Protection Association (NFPA) 1521, Standard for Fire Department Safety Officer, 2015 edition.

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: The Department conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

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, 633.216(9), 633.406, 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.

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: November 6, 2014, 1:00 p.m. ‒ 3:00 p.m.

PLACE: Boca Raton Resort, Galleria South Room, 501 East Camino Real, Boca Raton, FL 33432.

You may participate in the hearing via teleconference by calling [phone] and using Conference ID No. 195816.

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: Bill Wentlandt at [phone] or [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: Bill Wentlandt, Assistant Superintendent, Bureau of Fire Standards and Training, 11655 NW Gainesville Rd., Ocala, FL 34482, [phone] or [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 (dd) No change.

(ee) DFS-K4-2138, “Health and Safety Officer Task Book,” eff. 08/14.

(ff) DFS-K4-2139, “Incident Safety Officer Task Book,” eff. 08/14.

(gg) DFS-K4-2140, “Application for Health and Safety Officer Certificate of Completion,” eff. 08/14.

(hh) DFS-K4-2141, “Application for Incident Safety Officer Certificate of Completion,” eff. 08/14.

(ii) DFS-K4-2142, “Application for Safety Officer Certificate of Competency,” eff. 08/14.

Rulemaking Authority 633.104, 633.128(2)(a), 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,__________.

 

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 (5) No change.

(6) Safety Officer Program. This is an advanced training and certification program designed for individuals having health and safety responsibilities. This program is based on the National Fire Protection Association (NFPA) 1521, Standard for Fire Department Safety Officer. This program is intended to prepare individuals for service as fire department health and safety, and incident safety officers. The applicant may provide proof of equivalent education and training approved by the Bureau of Fire Standards and Training and meeting the criteria outlined under this subsection (6).

(a) Incident Safety Officer Certificate of Completion. The Division shall issue an Incident Safety Officer Certificate of Completion to a firefighter who meets the program requirements of this paragraph (a), and the qualifications for Incident Safety Officer set forth by the Division and based on the 2015 edition of the National Fire Protection Association (NFPA) 1521, “Standard for Fire Department Safety Officer,” which is hereby incorporated by reference.

1. Program Requirements. To qualify for this certificate, a candidate must complete the prerequisite course titled “Courage to be Safe” or a course determined by the Division to be equivalent. This program shall consist of not less than 90-hours of training. Each course shall be no less than 45-hours in duration. This program shall consist of the following course or those of equivalent interactive instruction, as approved by the Bureau of Fire Standards and Training.

a. Florida Incident Safety Officer.

2. Incident Safety Officer Certificate of Completion. To be eligible to receive an Incident Safety Officer Certificate of Completion, the applicant shall:

a. Successfully complete all required course work; and

b. Possess an active Firefighter Certification of Compliance issued by the Division or have met the curriculum requirements for Firefighter Part I as defined in subsection 69A-37.055(1), F.A.C.; and

c. Possess an active Fire Officer Certification issued by the Division; and

d. Meet the qualifications for Incident Safety Officer set forth by the Division and based on the 2015 edition of the National Fire Protection Association (NFPA) 1521, “Standard for Fire Department Safety Officer,” which is hereby incorporated by reference; and

e. Submit the required Form DFS-K4-2141, “Application for Incident Safety Officer Certificate of Completion,” 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., to the Bureau of Fire Standards and Training.

(b) Health and Safety Officer Certificate of Completion. The Division shall issue a Health and Safety Officer Certificate of Completion to an individual who meets the program requirements of this paragraph (b), and the qualifications for Health and Safety Officer set forth by the Division and based on the 2015 edition of the National Fire Protection Association (NFPA) 1521, “Standard for Fire Department Safety Officer,” which is hereby incorporated by reference.

1. Program Requirements. To qualify for this certificate, a candidate must complete the prerequsite course titled “Courage to be Safe” or a course determined by the Division to be equivalent. This program shall consist of not less than 90-hours of training. Each course shall be no less than 45-hours in duration. This program shall consist of the following courses or those of equivalent interactive instruction, as approved by the Bureau of Fire Standards and Training.

a. Legal Issues for Safety Officers.

b. Florida Health and Safety Officer.

2. Health and Safety Officer Certificate of Completion. To be eligible to receive a Health and Safety Officer Certificate of Completion, the applicant shall:

a. Successfully complete all required course work; and

b. Meet the qualifications for Health and Safety Officer set forth by the Division and based on the 2015 edition of the National Fire Protection Association (NFPA) 1521, “Standard for Fire Department Safety Officer,” which is hereby incorporated by reference; and

c. Submit the required Form DFS-K4-2140, “Application for Health and Safety Officer Certificate of Completion,” 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., to the Bureau of Fire Standards and Training.

(c) Safety Officer Certificate of Competency. The Division shall issue a Safety Officer Certificate of Competency to a firefighter who meets the program requirements of this paragraph (c), and the qualifications for Safety Officer set forth by the Division and based on the 2015 edition of the National Fire Protection Association (NFPA) 1521, “Standard for Fire Department Safety Officer,” which is hereby incorporated by reference.

1. Program Requirements. To be eligible to receive a Safety Officer Certificate of Competency, the applicant shall:

a. Possess an active Firefighter Certificate of Compliance issued by the Division or have met the curriculum requirements for Firefighter Part I as defined in subsection 69A-37.055(1), F.A.C.; and

b. Possess an active Fire Officer Certification issued by the Division; and

c. Possess a Incident Safety Officer Certificate of Completion issued by the Division; and

d. Possess a Health and Safety Officer Certificate of Completion issued by the Division; and

e. Meet the qualifications for Safety Officer set forth by the Division and based on the 2015 edition of the National Fire Protection Association (NFPA) 1521, “Standard for Fire Department Safety Officer,” which is hereby incorporated by reference; and

f. Submit the required Form DFS-K4-2142, “Application for Safety Officer Certificate of Competency,” 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; and

g. Pass the Safety Officer state examination with a score of 70% or higher.

2. Approved Courses. Courses under this subsection (6) must be approved by the Bureau of Fire Standards and Training within the Division and meet the curriculum requirements of the program. Approved courses are delivered by the Division; or

a. A provider whose course is registered in the Florida Department of Education Statewide Course Numbering System; or

b. The United States Fire Administration – National Fire Academy; or

c. A regionally accredited or nationally accredited college or university as outlined in subsections 69A-37.084(5) and (5), F.A.C.; or

d. A provider whose course is determined by the Division to be equivalent to the required course.

3. Instructor Qualifications. An instructor providing training under this subsection (6) must be qualified by the Bureau of Fire Standards and Training within the Division. Qualified instructors are:

a. 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

b. Instructors with requisite faculty credentials as determined by the United States Fire Administration – National Fire Academy; or

c. Instructors with requisite faculty credentials as determined by the respective regionally accredited or nationally accredited university, college or school; or

d. 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

e. Instructors who hold an active Safety Officer Certificate of Competency issued by the Division and an active Instructor I Certification issued by the Division; or

f. Instructors who hold an active Fire Officer Certification issued by the Division and an active Instructor I Certification issued by the Division, and have completed the courses entitled “Florida Incident Safety Officer,” “Legal Issues for Safety Officers,” and “Florida Health and Safety Officer.” This instructor qualification expires on December 31, 2015.

(d) Copies of the above referenced NFPA standards can either be: (i) viewed during regular business hours at the Division of State Fire Marshal, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida; (ii) accessed in a read-only, non-printable, non-downloadable format at the NFPA’s website at http:www.nfpa.org/codes-and-standards/free-access; or (iii) purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

(e) Courses submitted for equivalency under subparagraphs (6)(a)1. and (6)(b)1. shall be reviewed by the Bureau of Fire Standards and Training. The Bureau of Fire Standards and Training shall approve any course which meets the cirteria provided in this paragraph (6)(d). Requests for approval shall be submitted in writing to the Bureau, 11655 North West Gainesville Road, Ocala, Florida 34482-1486. The following factors shall be used to determine course equivalency: course title, course grade or record of course completion, number of academic credits earned, course hours attended, course description, course syllabus, student learning outcomes, and course objectives. 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 hours;

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

(f) Safety Officer Certificates of Competency issued under paragraph (6)(c), unless renewed, shall expire four (4) years after the issuance, reissuance, or last renewal date of the certificate, whichever date is later. To renew a Safety Officer Certificate of Competency, an individual shall successfully complete the eight-hour “Safety Officer Refresher Course” during the four-year period before the certificate’s expiration date. This course completion shall be recorded in the Bureau’s database for continuing education.

(6) and (7) renumbered (7) through (8) No change.

Rulemaking Authority 633.104, 633.128(2)(a), 633.406(2), 633.418, 633.508(2) FS. Law Implemented 633.128(1), 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,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill Wentlandt, Assistant Superintendent, Florida State Fire College

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer and State Fire Marshal

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 15, 2014