Pursuant to section 633.432, F.S., the purpose of the Florida State Fire College is to provide firefighters with professional instruction and training in firefighting and to ensure their professionalism and competence by ....

 

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: Pursuant to section 633.432, F.S., the purpose of the Florida State Fire College is to provide firefighters with professional instruction and training in firefighting and to ensure their professionalism and competence by administering a system of certification and licensing. The Division of State Fire Marshal is proposing to add a new voluntary Aircraft Rescue and Fire Fighting (ARFF) Program designed for firefighters having aircraft fire suppression and rescue responsibilities.

SUMMARY: Rule 69A-37.065, F.A.C., is being amended to add a new voluntary Aircraft Rescue and Fire Fighting (ARFF) Program designed for firefighters having aircraft fire suppression and rescue responsibilities and will include standards for obtaining certification as an ARFF Firefighter, ARFF Driver, and ARFF Officer. The proposed amendments to Rule 69A-37.039, F.A.C., will adopt three new forms for the ARFF Program including an ARFF Driver Task Book, ARFF Officer Portfolio Workbook, and ARFF Firefighter Task Book.

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, 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, 633.132, 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: October 20, 2020 @ 10:00 A.M.

PLACE: Florida State Fire College, 11655 N.W. Gainesville Road, Ocala, FL. If state office buildings remain closed to the public at the time of this hearing due to the COVID-19 outbreak, the hearing (if requested) will only take place via conference call and the phone number is [phone], access code: 6374594.

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, Bureau of Fire Standards and Training, 11655 N.W. Gainesville Road, Ocala, Florida 34482-1486, [phone] 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-K4-2206, “Aircraft Rescue and Fire Fighting (ARFF) Driver Task Book,” eff.01/19, <insert DOS website link> .

(eee) Form DFS-K4-2207, “Aircraft Rescue and Fire Fighting (ARFF) Officer Portfolio Workbook,” eff. 01/19, <insert DOS website link>.

(fff) Form DFS-K4-2208, “Aircraft Rescue and Fire Fighting (ARFF) Firefighter Task Book,” eff. 01/19, <insert DOS website link>.

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, 633.418, and 633.508, F.S.:

(1) through (10) No change.

(11) Aircraft Rescue and Fire Fighting (ARFF) Program. This is a voluntary advanced training program designed for firefighters having aircraft fire suppression and rescue responsibilities. This program is based on the National Fire Protection Association (NFPA) 1003, Standard for Airport Fire Fighter Professional Qualifications (2019 Edition) and NFPA 1002, Standard for Fire Apparatus Driver/Operator Professional Qualifications (2017 Edition). This program is intended to prepare individuals to serve as members of an organized aircraft fire suppression and rescue department. The candidate may provide proof of equivalent education and training approved by the Bureau of Fire Standards and Training (Bureau) and meet the criteria outlined under this subsection.

(a) ARFF Firefighter. The Bureau will record completion of training in the Bureau’s database when the individual meets the program requirements of this paragraph (11)(a) and the qualifications for ARFF Firefighter set forth by the Bureau herein.

1. Program Requirements. The individual must complete the ARFF course required under this paragraph (11)(a) or a course determined by the Bureau to be equivalent. This program shall consist of an ARFF course of not less than 40 hours of training that is compliant with NFPA 1003 and the Federal Aviation Administration’s Regulation 14 CFR 139.319 or that of equivalent interactive instruction, as approved by the Bureau.

2. Approved Course. This ARFF course must be approved by the Bureau and meet the curriculum requirements of the program. This ARFF course must be delivered by the Bureau, an education or training provider, a fire service provider, or a regionally or nationally accredited college or university as outlined in subsections 69A-37.084(5) and (6), F.A.C.

a. Requests for course offering approval shall be electronically submitted 30 days prior to the first day of the course using Form DFS-K4-2167, Class Offering Request, via: https://floridastatefirecollege.org/provider/pr_offering_app.asp, 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.

b. The provider shall prepare a record of all students enrolled in the course upon completion of the first day of the course.

c. The provider shall record a final grade for each student within 10 days after course completion.

d. Students must complete the course with a grade of 70% or higher in order to meet the course requirement under this paragraph (11)(a).

e. Alternative delivery techniques including online course delivery or blended learning must be approved by the Bureau.

3. Instructor Qualifications. An instructor providing training under this paragraph (11)(a) must be qualified and approved by the Bureau. Instructors shall electronically submit Form DFS-K4-2168, Instructor Approval Request, via: https://floridastatefirecollege.org/provider/pr_instructor_app.asp, 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., to the Bureau and must be approved prior to the first day of the course. Qualified instructors are:

a. Instructors with requisite faculty credentials for the academic institution that is registered in the Florida Department of Education Statewide Course Numbering System to teach the course; or

b. Instructors with requisite faculty credentials as determined by the respective regionally accredited or nationally accredited university or college; or

c. Instructors who hold an active Single Course Exemption Certification issued by the Division; or

d. A Florida Instructor I, II, or III, as defined in Rule 69A-37.059, F.A.C., who has completed the required course under this paragraph (11)(a), which are recorded in the Bureau’s database. These instructors are known as Adjunct Instructors and are approved to teach courses under the supervision of a Lead Instructor; or

e. A Florida Instructor I, II, or III, as defined in Rule 69A-37.059, F.A.C., who has completed the required course under this paragraph (11)(a) and has previously taught this course as an Adjunct Instructor which was recorded in the Bureau’s database. These instructors are known as Lead Instructors.

4. ARFF Firefighter Certificate of Completion. The Bureau will record the completion of ARFF Firefighter training in the Bureau database when the individual has:

a. Successfully completed all required course work and task books within the time allotted for the course; and

b. Submitted the required Form DFS-K4-2208, Aircraft Rescue and Fire Fighting (ARFF) Firefighter 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., to the Bureau.

(b) ARFF Driver. The Bureau will record completion of training in the Bureau’s database when the individual meets the program requirements of this paragraph (11)(b) and the qualifications for an ARFF Driver set forth by the Bureau herein.

1. Program Requirements. The individual must complete the ARFF course required under this paragraph (11)(b) or a course determined by the Bureau to be equivalent. This program shall consist of an ARFF course of not less than 24 hours of ARFF Vehicle Driver training that is compliant with NFPA 1002, as approved by the Bureau, and shall consist of the following instruction or that of equivalent interactive instruction, as approved by the Bureau:

a. ARFF apparatus operations;

b. ARFF apparatus operations in pit fires; and

c. ARFF foam and agent dispensing systems and flammable liquids in firefighting.

2. Approved Course. The ARFF Vehicle Driver course must be approved by the Bureau and meet the curriculum requirements of the program. The course shall be delivered by the Bureau, an education or training provider, a fire service provider, or a regionally or nationally accredited college or university as outlined in subsections 69A-37.084(5) and (6), F.A.C.

a. Requests for couce offering approval shall be electronically submitted 30 days prior to the first day of the course using Form DFS-K4-2167, Class Offering Request, via: https://floridastatefirecollege.org/provider/pr_offering_app.asp, 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.

b. The provider shall prepare a record of all students enrolled in the course upon completion of the first day of the course.

c. The provider shall record a final grade for each student within 10 days after course completion.

d. Students must complete the course with a grade of 70% or higher in order to meet the course requirement under this paragraph (11)(b).

e. Alternative delivery techniques including online course delivery or blended learning must be approved by the Bureau.

3. Instructor Qualifications. An instructor providing training under this paragraph (11)(b) must be qualified and approved by the Bureau. Instructors shall electronically submit Form DFS-K4-2168, Instructor Approval Request, via: https://floridastatefirecollege.org/provider/pr_instructor_app.asp, 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., to the Bureau, and must obtain approval prior to the first day of the course. Qualified instructors are:

a. Instructors with requisite faculty credentials for the academic institution that is registered in the Florida Department of Education Statewide Course Numbering System to teach the course; or

b. Instructors with requisite faculty credentials as determined by the respective regionally accredited or nationally accredited university or college; or

c. Instructors who hold an active Single Course Exemption Certification issued by the Division; or

d. A Florida Instructor I, II, or III, as defined in Rule 69A-37.059, F.A.C., who has completed the required course under this paragraph (11)(b), which are recorded in the Bureau’s database. These instructors are known as Adjunct Instructors and are approved to teach courses under the supervision of a Lead Instructor; or

e. A Florida Instructor I, II, or III, as defined in Rule 69A-37.059, F.A.C., who has completed the required course under this paragraph (11)(b) and has previously taught this course as an Adjunct Instructor which was recorded in the Bureau’s database. These instructors are known as Lead Instructors.

4. ARFF Driver Certificate of Completion. The Bureau will record the completion of ARFF Driver training in the Bureau database when the individual has:

a. Successfully completed all required course work and task books within the time allotted for the course; and

b. Submitted the required Form DFS-K4-2206, Aircraft Rescue and Fire Fighting (ARFF) Driver 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., to the Bureau.

(c) ARFF Officer. The Bureau will issue an ARFF Officer Certificate of Competency to an individual who holds an ARFF Firefighter Certificate of Completion and meets the program requirements of this paragraph (11)(c), and the qualifications for ARFF Officer set forth by the Bureau in Form DFS-K4-2207.

1. Program Requirements. To qualify for certification, a candidate must complete the prerequisite course titled “Courage to be Safe” or a course determined by the Bureau to be equivalent.

2. ARFF Officer Certificate of Completion. The Bureau will record the completion of ARFF Officer training in the Bureau database when the individual has:

a. Successfully completed all required course work; and

b. Submitted the required Form DFS-K4-2207, Aircraft Rescue and Fire Fighting (ARFF) Officer 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., to the Bureau.

(d)1. NFPA 1002 and 1003, which are hereby incorporated by reference, 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) viewed during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida; (c) accessed in a read-only, non-printable, non-downloadable format at the NFPA’s free access website at https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Free-access; or (d) purchased by contacting the NFPA at 1 Batterymarch Park, Quincy, Massachussetts 02169-7471; Phone [phone]; Website www.nfpa.org.

2. The provisons of the Federal Aviation Administration’s Regulation 14 CFR 139.319 (12/12/19), which is hereby incorporated by reference, can be obtained on the following website <insert DOS website link>.

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, 633.132, 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

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: September 23, 2020