The purpose of these amendments is to address statutory changes regarding the certification, training and curriculum requirements for firesafety inspectors.

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO.: RULE TITLE:
69A-39.003: Types of Certification Available
69A-39.005: Minimum Curriculum Requirements for Firesafety Inspector Certification
69A-39.007: Procedures for Certification Examination
69A-39.0071: Procedures for Fire Code Administrator Certification.
69A-39.009: Triennial Renewal of Firesafety Inspector Certification
69A-39.010: Required Forms for Training and Certification of Firesafety Inspectors
PURPOSE AND EFFECT: The purpose of these amendments is to address statutory changes regarding the certification, training and curriculum requirements for firesafety inspectors.
SUMMARY: The rule prescribes the minimum curriculum requirements, certification procedures, and renewal procedures for fire safety inspectors. The rule also amends the forms associated with the examination and certification of firesafety inspectors. The rule, pursuant to Section 633.81(3), F.S., repeals procedures related to special state firesafety inspector because the statute required the Department to cease issuing certifications for this inspector category effective July 1, 2011. Lastly, pursuant to Section 633.81(8), F.S., the rule creates the requirements for the fire code administrator category.
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 Division of State of Fire Marshal conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(1), F.S. and is therefore does not require legislative ratification pursuant to Section 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: 633.01, 633.081(9) FS.
LAW IMPLEMENTED: 633.081(2), (3), (4), (8) 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, June 21, 2012, 8:30 a.m. or immediately following the 8:00 a.m. rule hearing scheduled for Rule 69A-37.039 & 69A-37.065, F.A.C.
PLACE: Radisson Resort Orlando Celebration, Room Flamingo, 2900 Parkway Boulevard, Kissimmee, Florida 34747
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: Barry Baker, [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: Barry Baker, Chief, Bureau of Fire Standards and Training, Division of State Fire Marshal, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-39.003 Types of Certification Available.

(1) through (2) No change.

(3)(a) Fire Code Administrator. This certificate is issued to individuals who:

1. Are currently certified as Firesafety Inspectors;

2. Meet the qualifications for Fire Marshals set forth in National Fire Protection Assocation (NFPA) 1037, “Standard for Professional Qualifications for Fire Marshal,” (2012 Edition), adopted and incorporated by reference; and

3. Have at least:

a. Six years of experience working as a certified Firesafety Inspector and who successfully complete the advanced training for fire prevention management and code enforcement Special State Firesafety Inspector Training Course outlined in subsection 69A-39.005(3), F.A.C.; or

b. Ten years of experience working as a certified Firesafety Inspector and at least five years of management experience that includes analytical approaches to fire protection, fire service administration, fire prevention management, community risk reduction, human resource management, and performance-based designs.

(b) A copy of the NFPA 1037 may be obtained from the NFPA, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

(3) Special State Firesafety Inspector Certification. This certificate is issued to those who successfully complete the Special State Firesafety Inspector Training Course outlined in subsection 69A-39.005(3), F.A.C., and the certification examination prescribed by the Division.

Rulemaking Specific Authority 633.01, 633.081(9) FS. Law Implemented 633.081(2), (3), (4), (8) FS. History–New 11-21-83, Formerly 4A-39.03, Amended 8-2-88, 3-1-89, Formerly 4A-39.003, Amended_________.

 

69A-39.005 Minimum Curriculum Requirements for Firesafety Inspector Certification.

(1) through (2) No change.

(3) Fire Code Administrator.

(a) To qualify for certification a candidate must complete the prerequisite course titled “Evaluating Performance-Based Designs.” This program shall consist of not less than 240 hours of training. The course curriculum shall consist of the following Fire and Emergency Services Higher Education (FESHE) curriculum courses or equivalent courses which meet the learning objectives determined by the Bureau of Fire Standards and Training. Each course shall be no less than 40 hours in duration:

1. Community Risk Reduction.

2. Fire and Emergency Service Administration.

3. Fire Prevention Organization and Management.

4. Analytical Approaches to Public Fire Protection.

5. Personnel Management for the Fire Emergency Services.

6. Political and Legal Foundation for Fire Protection.

(b) An instructor providing training under paragraph (a) must be qualified by the Bureau of Fire Standards and Training within the Division.

(3) Special State Firesafety Inspector Training Course. The course curriculum shall consist of the following courses:

(a) FFP-1300 Codes and Standards (minimum 40 hours);

(b) FFP-1200 Fire Prevention Practices (minimum 40 hours); and

(c) A mutually agreeable 40 hour elective to be approved by the Bureau of Fire Standards and Training. Such mutually agreeable elective shall be an elective which has been proposed by the student to the faculty, reviewed by the faculty to determine relevance of content and duration of delivery, and approved by the faculty to be taken by the student. If no elective is submitted for approval by the agency employing Special Firesafety Inspectors, the Fire College course which teaches 20 hours of Fire Protection Systems and 20 hours of Building Construction shall be the only acceptable alternative.

(4) Persons are eligible to take the state certification examination as defined in Rule 69A-39.007, F.A.C., after completion of FFP-1200 and FFP-1300, the remaining 40 hour class must be completed for the first CEU requirement following original certification in the first three year period.

Rulemaking Specific Authority 633.01, 633.081(9) FS. Law Implemented 633.081(2), (3), (4), (8) FS. History–New 11-21-83, Formerly 4A-39.05, Amended 8-2-88, 3-1-89, 10-23-90, 12-10-01, Formerly 4A-39.005, Amended_________.

 

69A-39.007 Procedures for Certification Examination.

(1) To In order for an individual to receive Firesafety Inspector Certification or Special State Firesafety Inspector Certification from the Division, a score of 70 percent must be achieved on a certification examination administered by the Division. To be eligible for the examination, the following procedures must be adhered to: (1) The applicant must submit Form DFS-K4-1023, the “Application Request for Firesafety Inspector Certification Examination,” 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., form to the Bureau of Fire Standards and Training within the Division (hereinafter referred to as the “Bureau”). The Division shall notify the applicant in writing of its determination regarding the application. If the application is:

(a) Approved (2) If approved, the applicant may contact the Bureau to schedule will be scheduled for the next available certification examination or may register for the examination online at https://floridastatefirecollege.org/. The examination must be completed by the applicant at a location designated by the Bureau within 180 days after the date on the written notice indicating application approval of Fire Standards and Training of the Division of State Fire Marshal. The applicant will receive written notification of the date, time, and location of the examination.

(b) Denied (3) If the request is denied, student will receive written notification of denial, which will include the notice shall state the reason(s) therefore reason for such denial, and shall be a agency action subject to review under the provisions of Section Chapter 120.57, F.S.

(2)(4) Upon completion of the certification examination, the applicant shall will be notified in writing of the result. A minimum score of seventy percent (70%) of the maximum total score is required for passing. (a) If the applicant:

(a) Passes passes the examination, the certificate will be issued and mailed directly to the applicant’s address on the application form.

(b) Fails If the applicant fails the examination, he or she may must contact the Bureau of Fire Standards and Training and request to schedule a retake of the certification be scheduled for the next available examination or may register for the retake examination online at https://floridastatefirecollege.org/. The retake examination must be completed by the applicant at a location designated by the Bureau within 180 days after the date on the written notice indicating the applicant’s examination score. If, after retaking the examination, the applicant has not achieved the minimum passing score, he or she will be required to retake the Firesafety Inspector Training Course outlined in subsection 69A-39.005(1), F.A.C., entire training program before another examination will be administered.

Rulemaking Specific Authority 633.01, 633.081(9) FS. Law Implemented 633.081 FS. History–New 11-21-83, Formerly 4A-39.07, Amended 8-2-88, 3-1-89, 12-10-01, Formerly 4A-39.007, Amended_________.

 

69A-39.0071 Procedures for Fire Code Administrator Certification.

Applicants for certification as a Fire Code Administrator shall submit to the Bureau of Fire Standards and Training within the Division a professional portfolio that documents compliance with each requirement in paragraph 69A-39.003(3)(a), F.A.C. If the applicant documents compliance, the Division shall issue the certificate. If the applicant fails to document compliance, the Division shall issue a written notice of denial to the applicant, which specifies the reason(s) therefore and which shall be a agency action subject to review under Section 120.57, F.S.

Rulemaking Authority 633.01 FS. Law Implemented 633.081 FS. History–New_________.

 

69A-39.009 Triennial Renewal of Firesafety Inspector and Fire Code Administrator Certification.

(1)(a) Firesafety Inspector Certificates and Fire Code Administrator Special State Firesafety Inspector Certificates, unless must be renewed, expire every three years after the issuance, reissuance, or last renewal date of the certificate, whichever date is later. Certification as a Fire Code Administrator or reissuance or renewal of that certification shall also renew the Firesafety Inspector Certificate required by subparagraph 69A-39.003(3)(a)1., F.A.C.

(b) To renew a Firesafety Inspector or Fire Code Administrator Certificate, an Should the applicant fail to meet the prerequisite training requirements specified below for renewal, the applicant must: then

1. Successfully successfully complete, during the three-year period before the certificate’s expiration date, at least 40 hours of continuing education in courses, workshops, or seminars approved by the Division, which relate to fire prevention, code enforcement, fire protection, fire dynamics, building construction, plan review, public education, leadership, fire prevention management, community risk reduction, ethics, or other areas related to fire prevention. For a certificate renewed or reissued on or after January 1, 2014, at least eight of the 40 hours required by this subparagraph must consist of education or training related to the application of the Florida Fire Prevention Code adopted in Chapter 69A-60, F.A.C.

2. Submit, before the certificate’s expiration date, Form DFS-K4-1463, “Certification Renewal Application,” 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., required examination for Firesafety Inspector or Special State Firesafety Inspector.

(1) The Division may notify the certified Inspector that his/her certification is due for renewal approximately thirty (30) days prior to the expiration of the Inspector’s Certification.

(2) The certified Inspector must submit the renewal application to the Bureau of Fire Standards and Training within of the Division (hereinafter referred to as the “Bureau”). The form must be fully completed and must verify successful completion of the requirements set forth in subparagraph 1 of State Fire Marshal specifying whether the renewal is to be based on examination, completion of a course or attendance at workshops and/or seminars. (a) Course – Have successfully completed an approved course of instruction in a firesafety inspection-related curriculum. This course must be 40 class hours in duration or the equivalent in Continuing Education Units (CEU’s). Verification of successful completion of the course must be included with the renewal application. Acceptable forms of verification include copies of certificates or and college transcripts and records of course completion maintained in the Bureau’s database for continuing education.

(c) If a certificate expires and:

1. Sixty or fewer days have accrued since the expiration date, the certificate may be reissued by the Division if the requirements of paragraph (b) are completed within the 60-day period authorized by this subparagraph.

2. Sixty-one days to six years have accrued since the expiration date, the certificate may be reissued by the Division if:

a. The renewal application required by subparagraph (b)2. documents successful completion of the 40-hour continuing education requirement in subparagraph (b)1. for the three-year certification period and, if applicable, for each subsequent three-year period that accrued since the certificate expiration date; and

b. A passing score is re-attained on the certification examination under Rule 69A-39.007, F.A.C. If a passing score is not re-attained, the provisions of paragraph 69A-39.007(2)(b), F.A.C., shall govern the retaking of the examination.

3. More than six years have accrued since the certificate expired:

a. A Firesafety Inspector Certificate may be reissued by the Division if the Firesafety Inspector Training Course outlined in subsection 69A-39.005(1), F.A.C., is successfully recompleted and a passing score is re-attained on the certification examination under Rule 69A-39.007, F.A.C. If a passing score is not re-attained, the provisions of paragraph 69A-39.007(2)(b), F.A.C., shall govern the retaking of the examination.

b. A Fire Code Administrator Certificate may be reissued by the Division if compliance with each requirement in paragraph 69A-39.003(3)(a), F.A.C., is re-documented in the manner specified in Rule 69A-39.0071, F.A.C.

(b) Workshops and/or Seminars – In the absence of completion of an approved course, the certification renewal may be based upon attendance at a workshop and/or seminar approved by the Bureau of Fire Standards and Training of the Division of State Fire Marshal which shall be a cumulative total of not less than forty (40) class hours in duration.

(c) Examination – In the absence of successful completion of an approved course or attendance at a workshop and/or seminar approved by the Bureau of Fire Standards and Training of the Division of State Fire Marshal, the certification renewal will be based upon successful completion of a Bureau of Fire Standards and Training of the Division of State Fire Marshal administered examination as prescribed by Rule 69A-39.007, F.A.C. The examination must be taken when the next available examination is given. In the event that the applicant for renewal fails the examination he/she shall be required to repeat the Firesafety Inspector Training Program or Special State Firesafety Inspector Program.

(2)(3) Any person whose certification has expired shall not is not renewed cannot function as a Firesafety Inspector or Fire Code Administrator Special State Firesafety Inspector as defined herein.

(3)(4) It is the responsibility of the certified Firesafety Inspector or Fire Code Administrator Special State Firesafety Inspector to notify the Bureau of Fire Standards and Training of the Division of State Fire Marshal of any address changes in writing or by updating his or her personal profile online at https://floridastatefirecollege.org/.

Rulemaking Specific Authority 633.01(4), 633.081(9) FS. Law Implemented 633.081 FS. History–New 11-21-83, Formerly 4A-39.09, Amended 8-2-88, 3-1-89, Formerly 4A-39.009, Amended_________.

 

69A-39.010 Required Forms for Training and Certification of Firesafety Inspectors.

The required forms for training and certification of firesafety inspectors are D14-1020, D14-1023, D14-1459, and D14-1463, the revisions as adopted in Rule 69A-37.039, F.A.C.

Rulemaking Specific Authority 633.01, 633.081(9) FS. Law Implemented 633.081 FS. History–New 11-21-83, Formerly 4A-39.10, Amended 8-2-88, 3-1-89, 12-10-01, Formerly 4A-39.010, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Barry Baker, Chief, Bureau of Fire Standards and Training, Division of State Fire Marshal, Department of Financial Services
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: April 3, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 14, 2011