The purpose of the proposed amendments to Rules 69A-37.059, F.A.C., and 69A-37.060, F.A.C., is to update requirements for the approval and certification of training providers, fire service instructors, and firefighter training facilities.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-37.059Types of Instructor Certificates Issued

69A-37.060Certification as an Approved Firefighter Recruit Training Facility

PURPOSE AND EFFECT: The purpose of the proposed amendments to Rules 69A-37.059, F.A.C., and 69A-37.060, F.A.C., is to update requirements for the approval and certification of training providers, fire service instructors, and firefighter training facilities.

SUMMARY: The proposed amendments to Rule 69A-37.059, F.A.C., create and amend requirements for the approval of training providers, course offerings and certification of fire service instructors. The proposed amendments to Rule 69A-37.060, F.A.C, amend requirements for the certification of firefighter recruit training facilities and update materials incorporated by reference.

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 preliminary economic analysis indicated the proposed rules will not result in an adverse impact or regulatory costs in excess of $1 million within five years.

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(1), (b), (c), (d), (2)(a), 633.138(1), 633.408(1) FS.

LAW IMPLEMENTED: 633.106, 633.128, 633.138(1), 633.406, 633.408, 633.414, 633.418, 633.446 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 18, 2020, 1:30 p.m.

PLACE: Join by phone at, [phone], enter code 8114694#

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 11655 NW Gainesville Rd., Ocala, Florida 34482-1486, [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-37.059 Training Provider and Fire Service Instructor Requirements Types of Instructor Certificates Issued.

The This rule provides that the Bureau of Fire Standards and Training (Bureau) shall approve training providers and certify individuals to conduct training and education classes for fire service personnel. Upon satisfaction of the requirements listed under the respective categories, an applicant shall be awarded instructor certification appropriate to the applicant’s attainments and may teach designated subjects in the courses of training and education coming within the purview of the Bureau of Fire Standards and Training. The certificates to be awarded are as follows:

       (1) Requirements for Training Providers.

       (a) A public college or university, technical school or college, high school, fire service provider, private college or university, private entity, or individual must be approved as a Training Provider by the Bureau to facilitate the delivery of training to Florida’s firefighters leading to certification by the Bureau.

       (b) A Training Provider must submit a completed Form DFS-K4-2167, which is incorporated by reference in Rule 69A-37.039, F.A.C., and can be obtained where indicated in Rule 69A-37.039, F.A.C., to the Bureau for approval to offer a pre-approved course.

       (c) Before offering a new course, a Training Provider must submit a completed Form DFS-K4-2204, New Course Approval Request (eff. xx-xx), which is incorporated by reference and available through the Bureau Department of Insurance Continuing Education (FCDICE) portal at https://www.myfloridacfo.com/Division/SFM/FCDICE/default.htm or at https://www.flrules.org/gateway/reference.asp?NO=Ref-____, to the Bureau for approval of the new course.

       (d) A training provider must maintain all course rosters, attendance records, course evaluations, instructor evaluations, and instructor records in accordance with the requirements of Rule 1B-24.003, F.A.C., and enter course grades within 15 days of the last day of class into the Bureau’s FCDICE portal.

       (2) Requirements for Fire Service Instructors.

(a) A Fire Service Instructor must be affiliated with at least one Training Provider and be certified by the Bureau to conduct training activities for Florida’s fire service professionals which lead to any certification by the Bureau or continuing education.

(b) Prior to a Fire Service Instructor teaching an approved course for a Training Provider, a certified Fire Service Instructor or Training Provider must submit a completed Form DFS-K4-2168, Instructor Approval Request (eff. 04/16), which is incorporated by reference in Rule 69A-37.039, F.A.C., and can be obtained where indicated in Rule 69A-37.039, F.A.C., to the Bureau for the approval of the certified Fire Service Instructor to teach the approved course.

(3)(1) Requirements for Fire Service Instructor I Examination and Certification.

(a) Submission of the required application (Form DFS-K4-1451), 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) through (c) No change.

(d) Ability Physical ability to perform the tasks associated with the training.

(e) Successful completion of an approved Fire Service Course Delivery class of not less than 45 40 hours duration, as offered by the Florida State Fire College, or the equivalent as approved by the Bureau of Fire Standards and Training.

(f) Passing a state examination conducted at a Regional Testing Site on embracing the material covered in the Fire Service Course Delivery class with a score of 70% or higher. Persons holding this certification may teach any classes in the program area(s) in which they are certified or hold a certificate of competency.

(4)(2) Requirements for Fire Service Instructor II Examination and Certification.

(a) Submission of the required application (Form DFS-K4-1452), 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., documentation and fees, to the Bureau of Fire Standards and Training.

(b) through (c) No change.

(d) Ability Physical ability to perform the tasks associated with the training.

(e) Successful completion of an approved Fire Service Course Delivery class of not less than 45 40 hours duration, as offered by the Florida State Fire College, or the equivalent as approved by the Bureau of Fire Standards and Training and successful completion of an approved Fire Service Course Design class of not less than 45 40 hours duration, as offered by the Florida State Fire College, or the equivalent as approved by the Bureau of Fire Standards and Training.

(f) Passing a state examination conducted at a Regional Testing Site on embracing he material covered in the Fire Service Course Delivery and the Fire Service Course Design courses with a score of 70% or higher. Persons holding this certification may teach any class which is recognized as part of the curriculum established and developed by the Bureau of Fire Standards and Training, provided the instructor can verify successful completion of the same course by certificate or transcript.

(5) (3) Requirements for Fire Service Instructor III Examination and Certification.

(a) Submission of the required application (Form DFS-K4-1453), which is incorporated by reference in Rule 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) through (c) No change.

(d) Ability Physical ability to perform the tasks associated with the training.

(e) Successful completion of an approved Fire Service Course Delivery class of not less than 45 40 hours duration, as offered by the Florida State Fire College or the equivalent as approved by the Bureau of Fire Standards and Training and successful completion of an approved Fire Service Course Design class of not less than 45 40 hours duration, as offered by the Florida State Fire College or the equivalent as approved by the Bureau of Fire Standards and Training. Persons holding this certification may teach any class which is recognized as part of the curriculum established and developed by the Bureau of Fire Standards and Training, provided the instructor can verify successful completion of the same course by certificate or transcript.

(f) Successful completion of a Florida Training Manager course of not less than 24 hours duration as approved by the Bureau.

(g) Passing a state examination conducted at a Regional Testing Site on the material covered in the Fire Service Course Delivery, Fire Service Course Design, and Florida Training Manager courses.

(h) All with an active Fire Service Instructor III certification must be compliant with the requirements of paragraphs 69A-37.059(5)(e) and (f), F.A.C., on or before December 31, 2022, with the exception of the Fire Service Instructor III state exam.

(6)(4) Requirements for Single Course Exemption Designation Certification.

(a) Submission of the required application on (Form DFS-K4-1455), 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) No change.

(c) Completion of 40 hours in Fire Service Course Delivery or verifiable equivalent.

(c)(d) Credentials review by Standards section.

(d)(e) Extensive experience consisting of documentable proof of subject matter expertise as a result of at least 5 years of experience directly related to the subject or a bachelor’s degree related to the subject, or a combination of both such experience and education to equal the required documentable proof set forth in this paragraph in a field directly related to the subject. Persons holding this exemption are eligible to teach only the single course specified. This exemption will be granted upon review for recognition of extensive experience, education, or training or education/training in the subject area.

(e) Courses listed in the Bureau Program of Study and Vocational Course, Rule Chapters 69A-37 and 69A-39, F.A.C., leading to certification do not qualify for the Single Course Exemption Designation, with the exception of Legal Issues for Fire Investigators as identified in Rule 69A-37.065, F.A.C.

(5) Requirements for Instructor Examination.

(a) In order for a person to be eligible to be tested, the required paperwork must be received by the Bureau of Fire Standards and Training not less than 10 business days prior to the requested examination date for review, verification and approval.

(b) All testing will be accomplished at a Regional Testing Site.

(c) Retake examinations will be permitted at subsequent quarterly Regional Testing Sites or monthly at the Florida State Fire College.

(d) Application for retesting must be received by the Bureau of Fire Standards and Training not less than 10 business days prior to the requested examination date.

(7)(6) Quadrennial Renewal of Fire Service Instructor Certification.

(a) Fire Service Instructor Certification must be renewed every 4 years.

(b) No change.

(c) The Bureau of Fire Standards and Training shall notify the certified Fire Service Iinstructor that the applicant’s certification is due for renewal approximately 90 30 days prior to the expiration of the Fire Service Instructor Certification.

(d) The cCertified Fire Service Instructor shall submit the renewal application Form DFS-K4-1463 (rev. 06/12), which is incorporated by reference in Rule 69A-37.039, and can be obtained where indicated in Rule 69A-37.039, F.A.C., to the Bureau of Fire Standards and Training specifying whether the renewal is to be based on completion of a course or attendance at workshops or seminars.

1. Course – Have successfully completed an approved course(s) of instruction in a curriculum related to instructor improvement.

a. No change.

b. At least 8 of the 40 hours must consist of education or training related to Rule Chapters 69A-37 or 69A-39, F.A.C., and FDICE. Verification of successful completion of the course shall be included with the renewal application. Acceptable forms of verification include copies of certificates and college transcripts.

c. Documentation verifying the successful completion of the course, such as a certificate or college transcript, shall be included with the renewal application.

2. Workshops or Seminars – In the absence of completion of an approved course, the certification renewal shall be based upon attendance at a workshop or seminar related to the subject of certification which shall be a cumulative total of not less than forty 40 contact hours in duration.

(e)a. Any person whose certification is not renewed cannot function as an instructor as defined herein.

b. It is the responsibility of the certified instructor to notify the Bureau of Fire Standards and Training of any address changes in writing.

(f) Any person whose certification is expired shall obtain the required continuing education credits and successfully retake the examination before the certification will be re-issued.

(8)(7) Probation and Revocation of Fire Service Instructor Certification.

(a) The Bureau of Fire Standards and Training of the Division of State Fire Marshal may place on probation any Fire Service Iinstructor whose students exhibit a lack of knowledge or skill in subject courses taught by such instructor, which shall be evidenced by a high student failure rate during participation in state administered examinations. A high student failure rate which comes to the attention of the Bureau will be analyzed to determine relationships between an individual instructor and his students’ performance. If an instructor’s students continue to exhibit high failure rates on state examinations in the subject matter taught by the instructor, a letter of concern will be provided to the instructor allowing an opportunity for explanation. In the absence of an explanation which accounts for the high student failure rate, the instructor will be placed on probation during which the instructor will be required to teach students at a level high enough to increase the pass rate.

(b) The certificate of an Fire Service Iinstructor shall be revoked if evidence is found that the certification was improperly issued by the Bureau Division or when evidence is found that the certification or quadrennial renewal of the certification was issued on the basis of false, incorrect, incomplete, or misleading information.

(b)(c) The certification of an Fire Service Iinstructor shall be revoked if evidence is found that the instructor has issued or caused to be issued course credit or course completion for any person not qualified.

(c) The certificate of a Fire Service Instructor may be revoked if the instructor violates any part of Chapter 633, F.S., or Rule Chapter 69A-37, F.A.C.

Rulemaking Authority 633.128(1)(d), (2)(a), 633.138(1), 633.408(1) FS. Law Implemented 633.106, 633.138(1), 633.406, 633.408, 633.414, 633.426(5), 633.446 FS. History–New 9-7-81, Formerly 4A-37.15, 4A-37.59, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.059, Amended 2-15-15,_______.

 

69A-37.060 Certification as an Approved Firefighter Recruit Training Facility.

(1) To be certified as an approved training facility, an installation or facility shall:

(a) through (f) No change.

(g) Have pumper apparatus, owned or leased, or otherwise contracted for rated at not less than 750 G.P.M. and 150 p.s.i., with hose compartments sufficient to practice appropriate hydrant lay evolutions, fully equipped as prescribed in National Fire Protection Association (NFPA) sStandard NFPA 1901, “Standard for Automotive Fire Apparatus,” 2016 2009 Edition, Chapter 4, which is hereby adopted and incorporated by reference in paragraph (1)(v). The following changes to the equipment specified shall be adhered to:

1. A Both hard suction and soft sleeve hose shall be provided;

2. No change.

3. The following equipment shall also be provided:

a. No change.

b. One fire service claw tool;

c. through j. redesignated b. through i. No change.

j.k. Two 2 1/2 inch to 1 1/2 inch reducers; and,

k, l. One hose hoist tool;.

l. Two 2 1/2 inch double females and two 2 1/2 inch double male adapters;

m.  One 2 1/2 inch to 2 1/2 inch gated wye or 2 1/2 inch to 1 1/2 inch gated wye; and,

n.  One foam eductor.

4. Pumpers shall be tested annually using the criteria of NFPA Standard 1911, “Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Emergency Vehicles,” Automotive Fire Apparatus,” 2017 2012 Edition, which is hereby adopted and incorporated by reference in paragraph (1)(v).

5. All ladders used for training shall conform to the requirements of NFPA Standard 1931, “Standard for Manufacturer’s Design of Fire Department Ground Ladders,” 2015 2010 Edition, which is hereby adopted and incorporated by reference in paragraph (1)(v), and NFPA Standard 1932, “Standard on Use, Maintenance, and Service Testing of In-Service Fire Department Ground Ladders,” 2015 2010 Edition, which is hereby adopted and incorporated by reference in paragraph (1)(v).

(h) Have forcible entry and ventilation drill facilities, which shall include a means of practice on:

1. through 3. No change.

4. Floors; and,

5. Partitions; and,.

6. Restricted passage prop.

(i) No change.

(j) Have the The following forcible entry and ventilation tools are the minimum required:

1. through 5. No change.

6. Fire service claw tool;

6.7. Sledge hammer;

7.8. Bolt cutter;

8.9. Hand and power saws; and,.

9. Two ventilation fans (one positive fan and one negative fan).

(k) Have salvage equipment to include:

1. Upright, pendant, and sidewalk Salvage covers and various sprinkler heads;

2. through 5. No change.

(l) through (n) No change.

(o) Have one copy of the current versions of Chapter 633, F.S., and Rule Chapter 69A-37, F.A.C., per training center. the following reference and training materials.

1. International Fire Service Training Association (IFSTA) Manual Essentials of Firefighting, current edition;

2. National Fire Academy program Initial Response to Hazardous Materials Incidents Student Manual for Course 1 – Basic Concepts and Course 2 – Concept Implementation in sufficient quantities available for each student provided by the training facility or available for purchase by the student;

3. A complete set of the IFSTA Manuals;

4. NFPA Fire Protection Handbook, current edition;

5. Copy of Chapter 633, F.S., and Division of State Fire Marshal rule chapter 69A-37, F.A.C., current edition, per training center; and,

6. IFSTA Manual Essentials of Firefighting for each instructor is required.

(p) Have the standard first aid supplies as recommended by the American Red Cross, Anatomy of a First Aid Kit, Copyright 2015, which is incorporated by reference and can be obtained at http://www.redcross.org/prepare/location/home-family/get-kit/anatomy. Copies of this document can be obtained from the American Red Cross, 2025 E Street, N.W., Washington, DC 20006. This document is also available for public inspection and may be viewed during regular business hours at the Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 Northwest Gainesville Road, Ocala, Florida 33482-1486.

(p)1. Have one One Resusci-Anne or equivalent;

2. First Responder, current edition, in sufficient quantity to enable each student to have a copy, either provided by the training facility or available for purchase by the student.

(q) through (s) No change.

(t) Have protective hoods that meet the requirements of NFPA 1971, “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 2018 2013 Edition, which is hereby adopted and incorporated by reference in paragraph (1)(v), provided by the training center or made available for purchase, and shall be used by each student engaged in live fire training.

(u) No change.

(v) NFPA 1901, NFPA 1911, NFPA 1931, NFPA 1932, and NFPA 1971 are copyrighted materials 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 on 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. All referenced parts of the NFPA publications mentioned in this subsection are hereby adopted and incorporated by reference. Copies of the NFPA publications can be obtained from the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02169-7471. All standards adopted and incorporated by reference in these rules are also available for public inspection during regular business hours at the Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 Northwest Gainesville Road, Ocala, Florida 33482-1486.

(w) No change.

(2) No change.

(3) No change.

Rulemaking Authority 633.128(1)(b), (c), (2)(a) FS. Law Implemented 633.128, 633.408, 633.418 FS. History–New 9-7-81, Formerly 4A-37.18, 4A-37.60, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.060, Amended 8-3-15 ___________.

 

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 6, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 24, 2018 and March 6, 2019