Section 633.408, F.S., requires the Division of State Fire Marshal to establish by rule a minimum standards course and course examination to provide the training required to obtain a Firefighter Certificate of Compliance.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-37.062Procedures for State Firefighter Certification Examination Day

PURPOSE AND EFFECT: Section 633.408, F.S., requires the Division of State Fire Marshal to establish by rule a minimum standards course and course examination to provide the training required to obtain a Firefighter Certificate of Compliance.

SUMMARY: The proposed amendments will incorporate recent legislative amendments and update the procedures and testing standards for the minimum standards course examination. The minimum standards course examination includes both a written and practical examination. The practical examination includes the Fire Attack Test, the Ladder Rescue Test, and the Firefighter Skills Test. The standards are based on the National Fire Protection Association (NFPA) 1001, Standard for Firefighter Professional Qualifications (2013 Edition) and NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Operations, and Special Operations to the Public by Career Fire Departments (2010 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: 633.128, 633.408 FS.

LAW IMPLEMENTED: 633.128, 633.408 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: Tuesday, November 28, 2017, 10:00 a.m.

PLACE: Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL

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: Mark Harper, 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: Mark Harper, Assistant Superintendent, Bureau of Fire Standards and Training, Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL 34482-1486, telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 69A-37.062, F.A.C., follows. See Florida Administrative Code for present text.

69A-37.062 Procedures for Minimum Standards Course State Firefighter Certification Examination Day.

(1) Definitions. As used in this rule, the term:

(a) “Bureau” means the Bureau of Fire Standards and Training of the Division of State Fire Marshal, Department of Financial Services.

(b) “Examiner” means the person administering the practical examination.

(c) “Instructor” means the instructor who is an employee of the training center or training provider.

(d) “Minimum standards course examination” means the examination set forth in paragraph 633.408(4)(b), F.S., which includes both a written and practical examination.

(e) “Participant” means the person taking the practical examination.

(f) “Practical examination” means the assessment of the practical skills of the participant and includes the Fire Attack Test, the Ladder Rescue Test, and the Firefighter Skills Test.

(g) “Training center” means the location at which the practical examination is being administered.

(h) “Training provider” means the provider registered and approved by the Bureau to conduct training.

(i) “Turnout time” means the time interval that begins when a participant is notified to don personal protective equipment (PPE) and self-contained breathing apparatus (SCBA) and ends when the participant initiates fire suppression or fire rescue actions.

(2) Preparation for practical examination.

(a) The training center shall have all apparatus, equipment, and participants ready for the practical examination at the time scheduled by the Bureau. Any participant not present at the scheduled time shall not participate in the examination. All tools specified in Rule 69A-37.060, F.A.C., are required at the testing site on the examination day. The training center will ensure that each participant has paid all fees and submitted all required supporting documentation (application, medical fitness examination, digital fingerprint receipt, tobacco affidavit, high school diploma or equivalent, driver’s license or birth certificate, and emergency medical technician/first responder certificate (if applicable)) for the examination at least ten (10) business days prior to examination day. Any participant that has not completed the registration, as described, will need to contact the Bureau to reschedule for another testing date.

(b) Cancellation or postponement of the practical examination. The examiner, along with training center instructors, will maintain an active awareness of potential inclimate weather conditions and will coordinate a determination to postpone or cancel the testing process. The examiner shall have full authority to cancel or postpone the practical examination when extreme or hazardous weather conditions are present or imminent. When the practical examination is cancelled, the Bureau will coordinate rescheduling a make-up practical examination date with the training center.

(3) Practical examination sequence. The examiner shall establish and administer the practical examination. The examination sequence may be altered by the examiner based on the weather conditions or number of participants.

(4) Personal protective equipment (PPE) and safety requirements.

(a) All safety equipment, bunker gear, and other clothing as needed to participate in the practical examination shall be furnished by the training center, the training provider, or the participant. The participant shall ensure:

1. The helmet chin strap is secured.

2. The safety goggles, helmet faceshield, or the SCBA facepiece is worn.

3. A firefighting hood shall be worn whenever wearing the SCBA facepiece.

(b) Participants shall wear helmets, gloves, closed-toed boots, long pants, or bunker pants while performing tasks in support of the practical examination. These tasks may include repacking hose, repositioning ladders, relocating rescue manequins, and other activities assigned by the examiner or instructor. Participants may bring a second pair of leather gloves to be used during the support functions of the examination, e.g., loading hose, reposistioning the ladder.

(c) The training center shall designate a rehab area. The rehab area shall be shaded. The training center shall provide water for all participants. Participants are not required to wear PPE when assigned to the rehab area.

(d) The training center or training provider shall identify an instructor who is qualified to provide basic first aid as a first responder to any participant. This instructor shall be trained in conducting a patient assessment and administering first aid to include CPR and use of an automatic external defibrilator (AED). This instructor shall have access to and be able to activate the 911 system.

(5) Practical Examination. The practical examination consists of three parts known as the Fire Attack Test, Ladder Rescue Test, and Firefighter Skills Test. A participant must achieve a score of 70% or higher on each test in order to pass the practical examination.

(a) Fire Attack Test. This test evaluates the participant’s ability to perform the tasks of a firefighter during an initial residential fire attack as set forth by the Bureau herein and based on the National Fire Protection Association (NFPA) 1001, Standard for Firefighter Professional Qualifications (2013 Edition), which is hereby incorporated by reference. NFPA 1001 is copyrighted material that cannot be copied but may 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 free access 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 02169-7471. The participant shall complete the following job performance objectives:

1. Don and wear PPE during emergency operations.

2. Don and operate SCBA during emergency operations.

3. Advance a hoseline into an interior structure.

4. Attack and extinguish an interior structure fire with a hose line.

5. Apply water from a hoseline by opening, operating, and shutting down a nozzle.

6. Operate communications equipment and relay incident information.

(b) Ladder Rescue Test. This test evaluates the participant’s ability to perform the tasks of a firefighter during an initial residential fire attack as set forth by the Bureau herein and based on the NFPA 1001, Standard for Firefighter Professional Qualifications (2013 Edition). The participant shall complete the following job performance objectives:

1. Don and wear PPE during emergency operations.

2. Don and operate SCBA during emergency operations.

3. Carry, raise, and extend an extension ladder.

4. Determine the correct angle and height for climbing the ladder.

5. Climb an extension ladder.

6. Search, locate, and rescue a victim from a structure.

7. Operate communications equipment and relay incident information.

(c) Firefighter Skills Test. This test evaluates the participant’s ability to perform the tasks of a firefighter to use tools, tie knots, carry equipment, and identify safety hazards as set forth by the Bureau herein and based on the NFPA 1001, Standard for Firefighter Professional Qualifications (2013 Edition). The participant shall complete the following job performance objectives:

1. Tie ropes and knots.

2. Hoist tools.

3. Select and use forcible entry or ventilation tools.

4. Identify hazards using an emergency response guide.

5. Select and use hose and appliances.

6. Carry, raise, and place a roof ladder.

7. Advance a hose line up a portable ladder.

8. Deploy salvage covers and overhaul equipment.

(6) Time Limits.

(a) Fire Attack Test time limit. The participant shall complete the simulated fire attack test within 4 minutes and 40 seconds. Time starts when the participant touches any part of his or her PPE.  Time stops after the participant shuts the control bale of the fire nozzle and communicates to the examiner that the fire is extinguished. The fire attack time limit includes the turnout time required for a firefighter to don PPE, including SCBA, and the time required for a firefighter to complete an initial primary fire attack to extinguish the fire within the room of origin and prior to the point of flashover. This time is set forth by the Bureau herein and based on the NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Operations, and Special Operations to the Public by Career Fire Departments (2010 Edition), which is hereby incorporated by reference. NFPA 1710 is copyrighted material that cannot be copied but may 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 free access 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 02169-7471.

(b) Ladder Rescue Test time limit. The participant shall complete the ladder rescue test within 4 minutes and 40 seconds. Time starts when the participant touches the 24 foot ladder lock. Time stops after the participant has removed the rescued victim to the exterior of the structure with both the victim and participant outside the door threshold, and communicated to the examiner that the victim has been rescued. The ladder rescue time limit includes the turnout time required for a firefighter to don PPE, including SCBA, and the time required for a firefighter to complete an initial search and rescue of a victim, while an attack crew is extinguishing the fire within the room of origin, and prior to the point of flashover. This time is set forth by the Bureau herein and based on the NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Operations, and Special Operations to the Public by Career Fire Departments (2010 Edition).

(c) Firefighter Skill Test time limit. The firefighter skill test is divided into 3 sections. The time limit for each is:

1. Skills involving ropes and knot tying, including hoisting equipment, will have a time limit of 2 minutes. The participant shall complete the assessment within 2 minutes. Time starts when the participant touches any component of the tools or equipment used for the skill assessment. Time stops when the participant communicates to the examiner that the task is complete.

2. Skills involving forcible entry techniques, selecting and using hose appliances, carrying and raising roof ladders, advancing hose up a portable ladder, and deployment of salvage covers for overhaul will have a time limit of 4 minutes and 40 seconds. Time will start when the participant touches any component of the equipment used for the assessment. Time will stop when the participant notifies the examiner the task is complete.

3. The skill involving use of the Emergency Response Guidebook (ERG) will have a time limit of 20 minutes. The ERG and test question sheet may be administered in a group setting. The time will start when the examiner notifies the participant(s) to start the exercise and end at the 20-minute time limit. This time is set forth by the Bureau herein and based on the NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Operations, and Special Operations to the Public by Career Fire Departments (2010 Edition).

(7) Additional requirements.

(a) Dress code. The participants shall wear t-shirts or long-sleeve shirts, slacks, and closed-toed shoes or boots while on the training center grounds. Sandals, flip flops, or other open-toed shoes are prohibited.

(b) Only the examiner, instructor, or designee shall operate fire apparatus used during the practical examination. Participants will not be allowed to operate the fire apparatus during the practical examination.

(c) All participants shall assist the examiner or instructor by completing tasks to prepare the test site for each examination. These tasks may include repacking hoses, repositioning ladders, relocating rescue manequins, and other activities assigned by the examiner or instructor. Participants are not required to wear the bunker gear component of PPE during this support function activity, but the helmet and gloves will be required.

(d) The use of any tobacco products by any examiner, instructor, or participant is prohibited.

(e) Running is not permitted during the practical examination.

(f) No unauthorized personnel are permitted in any test area.

(g) No photographing, videotaping, or audiotaping of any test is permitted at any time under any circumstances by any person other than the examiner.

(h) The participant shall immediately notify the examiner of any equipment malfunction that occurs during the examination. When notified of a malfunction by the participant, the examiner shall stop the time. The examiner shall determine whether an equipment malfunction exists. If an equipment malfunction exists, the participant shall elect to continue the test where stopped or to start the test over after a rest period. If the examiner determines no malfunction of equipment exists, the examiner shall direct the participant to continue the test where stopped and continue to record the time from where restarted.

(i) No verbal encouragement from any participant or instructor shall be permitted during the practical examination.

(8) Retest of practical examination.  A participant who does not obtain a passing score of 70% or more on any test of the practical examination will be permitted one opportunity to retake each of the three tests of the practical examination within 6 months of the original practical examination date. If the participant does not retake each of the three tests of the practical examination or fails the reexamination within such time, the participant must successfully complete the minimum standards course defined in Rule 69A-37.055, F.A.C., before being reexamined. Pursuant to paragraph 633.408(4)(b), F.S., the minimum standards course examination must be taken and passed within 12 months of completing the required courses in Rule 69A-37.055, F.A.C.

(a) Retests of practical examinations are conducted quarterly at the Florida State Fire College or at a training center. A participant shall only take a retest at a training center on the day of the scheduled practical examination being held at the end of the minimum standards program. The training center director shall notify the Bureau at least 30 days prior to the examination date of any participant seeking to take a retest.

(b) The participant taking a retest on the date of a scheduled practical examination shall take the test at the time and in the sequence established by the examiner.

(c) Should the participant fail any of the skills portion of the examination Fire Attack Test, the Ladder Rescue Test, or Firefirghter Skills Test; that participant will be required to retake each portion of the practical examination on the retest. All portions of the practical examination will be graded on the retest and the participant must successfully pass each portion of the examination in order to obtain certification.

(d) Any participant taking a retest of any practical examination is solely responsible for obtaining the required helmet, hood, leather gloves, boots, bunker coat, bunker pants, SCBA, and PPE.

Rulemaking Authority 633.128, 633.408(1) FS. Law Implemented 633.128, 633.408 FS. History–New 12-10-01, Formerly 4A-37.062, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Harper

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: CFO Jimmy Patronis

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/30/2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 08/07/2017