The purpose of the proposed rule amendments is to conform Rule 69A-37.0527, Florida Administrative Code, “Retention of Certification,” to the provisions of recently enacted legislative amendments and to make other clarifications and updates. The ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-37.0527Retention of Certification

PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to conform Rule 69A-37.0527, Florida Administrative Code, “Retention of Certification,” to the provisions of recently enacted legislative amendments and to make other clarifications and updates. The retention requirements and retention time periods were amended by the Florida Legislature in SB 1410, which became effective July 1, 2013. The specific effect of the proposed rule amendments is to provide individuals who did not maintain their firefighter certificates of compliance under the law as it existed prior to the recent amendments the opportunity to request that the Department place them on probation in lieu of the Department taking action to revoke their certificates. During the probationary period, an individual would have to successfully complete the Firefighter Retention Examination in order to become compliant.

SUMMARY: The proposed rule amendments provide individuals who did not maintain their firefighter certificates of compliance under the law as it existed prior to recent amendments the opportunity to both be placed on probation in lieu of having their certificates revoked and to become compliant by completing the Minimum Standards Course examination. The proposed rule also creates the new 40-hour refresher course that was added to the law by the recent legislation as one of the options that firefighters certified on or after July 1, 2013, can utilize in order to retain their certificates of compliance.

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 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: A preliminary economic analysis prepared by the Department determined that the proposed rule’s potential economic impact did not exceed any of the criteria established in subsection 120.541(1), F.S., and is therefore not subject to legislative ratification pursuant to subsection 120.541(3), F.S.

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: 633.128(2)(a), 633.418(1)(a) FS.

LAW IMPLEMENTED: 633.106, 633.128, 633.408, 633.414 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, December 12, 2013, 10:30 a.m.

PLACE: Florida State Fire College, Auditorium, 11655 NW 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: Bill Wentlandt, Assistant Superintendent, Bureau of Firefighter Standards and Training, Division of State Fire Marshal at [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 Firefighter Standards and Training, Division of State Fire Marshal at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-37.0527 Retention of Certification.

(1) Section 633.414, F.S., which took effect on July 1, 2013, requires firefighters to meet certain requirements every 4 years in order to retain their firefighter certificates of compliance.

(a) For the purpose of this rule, “certification” or “certified” shall have the same meaning as set forth in Section 633.426, Florida Statutes. Section 633.426, Florida Statutes, states that “certification” or “certified” means the act of holding a current and valid certificate.

(b) The 4-year period for individuals who were certified on or after July 1, 2013, begins on the date of issuance of the certificate by the Division or the date of termination of employment or service with a fire department after issuance of the certificate.

(c) The 4-year period for individuals who were certified as of June 30, 2013, begins on July 1, 2014 or on the date of termination of employment or service with a fire department on or after July 1, 2013.

(d) Individuals who obtained a firefighter certificate on any date prior to July 1, 2013, but failed to maintain the certificate, in accordance with the retention requirements of Section 633.352, Florida Statutes (2012), by June 30, 2013, are not currently certified.

(e) Pursuant to Section 633.106, Florida Statutes (2013), the State Fire Marshal may deny, suspend, or revoke the certificate of any individual who does not meet the qualifications established by Chapter 633, Florida Statutes. In lieu of these actions, the Division may also place an individual who has been issued a certificate but no longer qualifies for the certificate under Chapter 633, Florida Statutes, on probation for a period not to exceed 2 years. Firefighters who were no longer certified as of June 30, 2013, due to failure to meet the retention requirements of Section 633.352, Florida Statutes (2012), may petition the Division to be placed on probation for a period of 2 years. The terms of probation will require these individuals to successfully complete the Firefighter Retention Examination within the period of probation in order to have their certification as a firefighter reinstated. Reinstatement is conditional on meeting all other qualifications for firefighter certification under the provisions of Chapter 633, Florida Statutes. Failure to complete the Firefighter Retention Examination within the period of probation will result in administrative action by the Department to revoke an individual’s certificate. Probation will not be granted to any individual who files a petition to be placed on probation more than 180 days after the effective date of this paragraph. Failure of an individual who is subject to this paragraph to petition for probation within 180 days after the effective date of this paragraph will result in administrative action by the Department to revoke the individual’s certificate.

(f) Paragraph (e) does not apply to individuals who, prior to July 1, 2013, attempted to maintain their certificates but failed the practical portion of the Firefighter Retention Examination twice or failed the examination once and forfeited the opportunity to retake the examination; however, any individual who failed the examination once and is within the time period for retaking the examination, may re-take the examination after July 1, 2013.

(2)(1) Pursuant to Section 633.35, Florida Statutes, the Division adopted Rule 69A-37.055, F.A.C., to establish the Minimum Standards Course and course examination to provide the training required to obtain a Firefighter Certificate of Compliance. The Minimum Standards Course Examination may also be completed examination for retention of a firefighter certificate as provided referenced in paragraph 633.414(1)(d) Section 633.352, Florida Statutes. F.S., In this context, the examination is referred to herein shall be known as the Firefighter Retention Examination retention examination. The examination includes both a written and practical examination. Being active as a volunteer firefighter with an organized fire department means the individual has been actively involved for a continuous period of time of not less than 6 months during the 3 year period since certified or the certification was last renewed, or since termination from a fire department. Verification of being active shall be evidenced by documentation from the chief or ranking person of the volunteer fire department.

(3)(2) To be eligible to participate in the Firefighter Retention Examination retention examination, an individual shall:

(a) Apply apply on-line at www.floridastatefirecollege.org, or submit to the Bureau Form DFS-K4-1308, “Application for Firefighter Certification Retention Examination”, which is incorporated by reference adopted in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C., which shall include;

(b) Complete a medical examination in accordance with Rule 69A-37.037, F.A.C. An individual shall not be permitted to participate in the practical examination unless a completed Form DFS-K4-1022, “Medical Examination to Determine Fitness for Firefighter Training,” is on file with the Bureau; .

(c)(3) To be eligible to participate in the retention examination, an individual must submit Submit fingerprints in accordance with Rule 69A-37.036, F.A.C.; and

(d) At the time of participating in the practical examination, wear personal protective equipment with fixed labels indicating compliance with the current edition of the National Fire Protection Association (NFPA) 1971, “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” which is hereby incorporated by reference.

(4) The Bureau, or its designee, will schedule the date and time for all retention examinations.

(5) Each individual will be required towear N.F.P.A. labeled helmet, fire coat, bunker pants, boots, protective hood, self-contained breathing aparatus (“SCBA”), mask, personal alert safety system (“PASS device”) and gloves. Such equipment shall be in operating condition to enter a hazardous environment and comply with the NFPA edition noted on the label, tag or design.

(4)(6) Any individual who does not obtain a passing score of 70% or more on the Firefighter Retention Examination retention examination will be permitted one opportunity to repeat the examination. The examination must be repeated within 6 months of the original examination or the opportunity is forfeited.

(5) The refresher course that may be successfully completed for retention of a firefighter certificate pursuant to paragraph 633.414(1)(c), Florida Statutes, shall be taught by the Division or an approved provider at a certified firefighter recruit training facility.

(a) The refresher course shall be titled “Firefighter Retention Refresher Course” and consist of 40 hours of interactive instruction to include 16 hours of practical skills training and 8 hours of practical skill assessment. The firefighter retention refresher course includes the following course topics and hours of instruction:

1. Firefighter safety and health (2 hours);

2. Fire and life safety initiatives (1 hour).

3. Personal protective equipment (2 hours);

4. Structural search, victim removal, and firefighter survival (2 hours);

5. Ground ladders (1 hour);

6. Tactical ventilation (1 hour);

7. Water supply (1 hour);

8. Fire hose and fire streams (1 hour);

9. Fire control and tactics (2 hours);

10. Building construction (1 hour);

11. Fire protection systems (1 hour);

12. Fire origin and cause determination (1 hour);

13. Practical skills training (16 hours); and

14. Student practical skill assessment (8 hours).

(b) The individual shall successfully complete all required skills listed on Form DFS-K4-2128, “Firefighter Retention Skill Assessment Worksheet,” eff. 12/2013,which is incorporated by reference herein. The form may be obtained as indicated in Rule 69A-37.039(1), F.A.C.

(c) Upon completion of the refresher course under this section, the individual must successfully pass the written portion of the Firefighter Retention Examination with a score of 70% or higher. Any individual who does not obtain a passing score of 70% or more on this written portion of the minimum standards course examination will be permitted one opportunity to repeat this exam. The examination must be repeated within 6 months of the original examination or the opportunity is forfeited. An individual who fails to pass the written examination within the timeframes set forth above will have to successfully complete the minimum standards course and examination as defined in Rule 69A-37.055, F.A.C.

(d) An approved provider of the firefighter retention refresher course under this subsection shall maintain, on an annual basis, an average pass rate of 70% or higher on the written portion of the Firefighter Retention Examination for all students. The annual period will begin on the date that any provider first offers a firefighter retention refresher course. The Division shall place a provider on probation for a period of 1 year when the average pass rate for all students is below 70%. The Division shall revoke approval of the provider to conduct the firefighter retention refresher course if the student average pass rate is not 70% or higher at the conclusion of the 1 year probation period.

(6) The Department may take administrative action against the certificate of any individual who fails to comply with the certificate retention requirements of Section 633.414, Florida Statutes, by the applicable deadline established by the statute and this rule.

(7) Failure to pass the examination within the timeframes set forth above will result in the individual’s having to successfully complete Firefighter training as defined in Rule 69A-37.055, F.A.C., before a new application and additional testing can occur.

Rulemaking Specific Authority 633.128(2)(a), 633.418(1)(a) 633.38(1)(a), 633.45(2)(a) FS. Law Implemented 633.106, 633.128, 633.408 633.414 633.35, 633.38, 633.45 FS. History–New 12-10-01, Formerly 4A-37.0527, Amended 3-19-09,_____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Barry Baker, Chief, Bureau of Firefighter Standards and Training, Division of State Fire Marshal

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: November 4, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 27, 2013