Section 633.216, F.S., requires the Department to provide by rule for the certification of firesafety inspectors and fire code administrators and to develop by rule an advanced training and certification program for firesafety inspectors having fire ...

 

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 633.216, F.S., requires the Department to provide by rule for the certification of firesafety inspectors and fire code administrators and to develop by rule an advanced training and certification program for firesafety inspectors having fire code management responsibilities that is consistent with National Fire Protection Association (NFPA) 1037. Rule 69A-39.005, F.A.C., is being amended to create new levels of progression for a Firesafety Inspector Certification to include Firesafety Inspector I, Firesafety Inspector II, and Firesafety Inspector III, which will require the adoption of two new forms in Rule 69A-37.039, F.A.C.

SUMMARY: The proposed amendments to Rule 69A-37.039, F.A.C., will adopt the Firesafety Inspector II Task Book and the Application for Firesafety Inspector III Certification form. The proposed amendments to Rule 69A-37.065, F.A.C., will clarify the instructor qualifications for the fire officer program and delete the provisions of the firesafety inspector program since those provisions have been updated and moved to Rule 69A-39.005, F.A.C.

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’s economic analysis of the potential impact of the proposed rule amendments determined that there will be no adverse economic impact or increased regulatory costs 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(1), 633.135(3), 633.216(9), 633.406, 633.408, 633.418(1), 633.508(2) FS.

LAW IMPLEMENTED: 633.112(1), 633.128, 633.135, 633.138, 633.216, 633.406, 633.408, 633.412, 633.415, 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: August 15, 2019 @ 10:00 A.M.

PLACE: Florida State Fire College, 11655 N.W. 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 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: Mark Harper, Assistant Superintendent, Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL 34482-1486 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 (ccc) No change.

(ddd) Form DFS-K4-2204, “Firesafety Inspector II Task Book,” eff. 02/18.

(eee) Form DFS-K4-2205, “Application for Firesafety Inspector III Certification,” eff. 01/18.

Rulemaking Authority 633.104, 633.128(1), 633.135(3), 633.216(9), 633.406(2), 633.408, 633.418(1), 633.508(2) FS. Law Implemented 633.112(1), 633.128, 633.135, 633.138, 633.216, 633.406, 633.408, 633.412, 633.415, 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, 2-15-15 (f), 2-15-15 (ee)-(ii), 7-13-16, 3-7-17, 5-18-17, 2-19-18, 1-1-19, __________.

 

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, 633.406, 633.408, 633.418, and 633.508, F.S.:

(1) No change.

(2) Fire Officer Program. This is an advanced training and certification program designed for firefighters having supervisory and management responsibilities. This program is based on the National Fire Protection Association (NFPA) 1021, Standard for Fire Officer Professional Qualifications. This program is intended to prepare students for service as fire department company and chief officers at four progressive levels of competency. 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 (2).

(a) Fire Officer I Certification. The Division shall issue a Fire Officer I Certificate of Competency to a firefighter who meets the program requirements of paragraph (2)(a), and the qualifications for Fire Officer I set forth by the Division in Form DFS-K4-2106, “Fire Officer I Task Book,” 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.

1. through 2. No change.

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

a. through d. No change.

e. Instructors who hold an active Fire Officer II Certification issued by the Division after November 18, 2013, and an active Instructor II Certification issued by the Division.

f.  No change.

4. No change.

(b) Fire Officer II Certification. The Division shall issue a Fire Officer II Certificate of Competency to a firefighter who meets the program requirements of paragraph (2)(b), and the qualifications for Fire Officer II set forth by the Division in Form DFS-K4-2107, “Fire Officer II Task Book,” 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.

1. through 2. No change.

3. Instructor Qualifications. An instructor providing training under paragraph (2)(b), must be qualified by the Bureau of Fire Standards and Training within the Division. Qualified instructors are:

a. through d. No change.

e. Instructors who hold an active Fire Officer II Certification issued by the Division after November 18, 2013, and an active Instructor II Certification issued by the Division.

f. No change.

4. No change.

(c) Fire Officer III Certification. The Division shall issue a Fire Officer III Certificate of Competency to a firefigher who meets the program requirements of paragraph (2)(c), and the qualifications for Fire Officer III set forth by the Division in Form DFS-K4-2108, “Fire Officer III Portfolio Workbook,” 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.

1. through 2. No change.

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

a. through d. No change.

e. Instructors who hold an active Fire Officer III Certification issued by the Division after November 18, 2013, and an active Instructor III Certification issued by the Division.

f. No change.

4. Requirements for Certificate of Competency. To be eligible to receive a Fire Officer III Certificate of Competency, the applicant shall:

a. through c. No change.

d. Possess an active Fire Officer I or II Certificate of Competency issued by the Division prior to November 18, 2013; or, possess an active Fire Officer II Certificate of Competency issued by the Division after November 18, 2013; and,

e. through g. No change.

(d) Fire Officer IV Certification. The Division shall issue a Fire Officer IV Certificate of Competency to a firefighter who meets the program requirements of paragraph (2)(d), and the qualifications for Fire Officer IV set forth by the Division in Form DFS-K4-2109, “Fire Officer IV Portfolio Workbook,” 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.

1. through 2. No change.

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

a. through d. No change.

e. Instructors who hold an active Fire Officer IV Certification issued by the Division after November 18, 2013, and an active Instructor III Certification issued by the Division.

f. No change.

4. No change.

(e) No change.

(3) Firesafety Inspector Program. This program is intended to prepare students for service as municipal fire inspectors or equivalent positions and consists of Firesafety Inspector I and Firesafety Inspector II.

(a) Firesafety Inspector I.

1. Length of Program. This program consists of no fewer than five courses, vocational or academic, of not less than 200 clock-hours.

2. Content of Program. The program includes coursework in fire prevention practices, fire protection systems, fire codes and standards, building construction, and review of building plans.

3. Instructor Qualifications.

a. An Instructor I must hold certification as a Firesafety Inspector I.

b. Instructor II or III may teach provided he or she has successfully completed the course.

4. Requirements for certification:

a. Successful completion of all required course work.

b. Passing a state examination with a score of 70% or higher.

c. Submission of the required application (Form DFS-K4-1023), 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.

(b) Firesafety Inspector II.

1. Length of Program. This program consists of no fewer than four courses, vocational or academic, of not less than 160 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

2. Content of Program. The program includes coursework in fire chemistry, fire protection systems, origin and cause, and public education or public information.

3. Instructor Qualifications.

a. An Instructor I must hold a certificate of competency as a Fire Safety Inspector II.

b. Instructor II or III may teach provided he or she has successfully completed the course.

4. Requirements for certificate of competency:

a. Successful completion of all required course work.

b. Certification as a Fire Safety Inspector I.

c. Submission of the required application (Form DFS-K4-1446), 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.

(4) through (10) Renumbered as (3) through (9) No change.

Rulemaking Authority 633.104, 633.128(2)(a), 633.406(1)(b), (f), (2), 633.408, 633.418(1), 633.508(2) FS. Law Implemented 633.128, 663.132, 633.406(1), 633.408, 633.418, 633.508(2) FS. History–New 12-10-01, Formerly 4A-37.065, Amended 8-27-12, 11-18-13, 2-15-15, 8-3-15, 7-13-16, 5-18-17, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Harper, Assistant 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: July 1, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 11, 2019