Section 633.412, F.S., requires an individual to be in good physical condition evidenced by a medical examination before that individual is eligible for admission into a firefighter training program and provides that such a medical examination may ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-37.037Firefighter Training Course Medical Examination

PURPOSE AND EFFECT: Section 633.412, F.S., requires an individual to be in good physical condition evidenced by a medical examination before that individual is eligible for admission into a firefighter training program and provides that such a medical examination may include, but need not be limited to, the standards set forth in National Fire Protection Association (NFPA®) 1582.

SUMMARY: The proposed amendments will update the rule and incorporate the essential job tasks and descriptions of a firefighter as outlined in Chapter 5 of the NFPA® 1582, Standard on Comprehensive Occupational Medical Program for Fire Departments (2018 Edition) upon which a medical examination to determine an individual’s fitness for firefighter training must be based.

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 amendments 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(2)(a), 633.412(5) FS.

LAW IMPLEMENTED: 633.412 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, January 22, 2019, 10:00 a.m.

PLACE: 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: 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, Superintendent, Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL 34482, telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-37.037 Firefighter Training Course Medical Examination.

(1) Pursuant to section 633.412(5) (1)(e), F.S., an individual must be in shall submit to the Bureau a medical examination evidencing good physical condition evidenced by a medical examination in order to gain admission into a firefighter training program. Proof of such a medical examination evidencing good physical condition must shall be submitted to the Bureau on Form DFS-K-1022, Medical Examination to Determine Fitness for Firefighter Training, 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., before an individual is admitted into a firefighter training program as defined in section 633.408, F.S.

(2) The medical examination, shall be based upon the essential job and tasks and descriptions functions of a firefighter as outlined in Chapter 5 of the National Fire Protection Association (NFPA®) 1582, Standard on Comprehensive Occupational Medical Program for Fire Departments (2018 Edition), and 1582-5.1, 2007 Edition, adopted and incorporated herein by reference, shall be given by a physician, surgeon, or physician assistant licensed to practice in the state of Florida pursuant to chapter 458, F.S.; an osteopathic physician, surgeon, or physician assistant licensed to practice in the state of Florida pursuant to chapter 459, F.S.; or an advanced practice registered nurse practitioner licensed to practice in the state of Florida pursuant to chapter 464, F.S. An individual shall receive this examination within six months of the scheduled starting date of the firefighting program. Without a completed Form DFS-K4-1022, an individual will not be allowed to attend training or test for certification.

(3) Chapter 5 of NFPA® 1582, which is hereby incorporated by reference, is copyrighted material that cannot be copied but may be: (a) viewed during regular business hours at the Division of State Fire Marshal, 315 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida; (b) 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 (c) purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachussetts 02169-7471.

Rulemaking Authority 633.128(2)(a), 633.412(5) FS. Law Implemented 633.412(1) FS. History–New 9-7-81, Formerly 4A-37.05, 4A-37.37, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.037, Amended 1-2-06, 3-19-09, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Tucker, Superintendent, Florida State Fire College

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 4, 2018