The proposed rulemaking will update and clarify the training criteria and certification requirements for Florida firefighters. The rulemaking will also set the minimum standards for course completion, course scores, course ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-37.056Specifications for Certifiable Training

PURPOSE AND EFFECT: The proposed rulemaking will update and clarify the training criteria and certification requirements for Florida firefighters. The rulemaking will also set the minimum standards for course completion, course scores, course schedules, and the numbers of course instructors per class.

SUMMARY: The rule amendments will update training criteria including the numbers of necessary instructors for coursework and the minimum scoring required to complete the coursework. The amendments also require certification of satisfactory completion of firefighter training.

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 review for this rulemaking.

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: (formerly “Specific Authority”): 633.128 633.408, FS.

LAW IMPLEMENTED: 633.128, 633.408, 633.412, FS.

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

DATE AND TIME: October 21, 2021 at 10:00 am

PLACE: Via teleconference on GoToMeeting at https://global.gotomeeting.com/join/435871197, or by dialing in to [phone] using access code 435-871-197.

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 7 days before the workshop/meeting by contacting: Mark Harper, Assistant Superintendent, Division of State Fire Marshal, Florida Department of Financial Services, [phone], [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, Division of State Fire Marshal, Florida Department of Financial Services, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-37.056 Specifications for Certifiable Training.

(1) To be recognized for certification as a firefighter by the Bureau, training must shall be obtained under the conditions specified herein. A designated instructor or member of the Bureau staff must certify a firefighter has completed the prescribed training, instruction, and standards. Certification by a designated instructor or a member of the Bureau staff of completion of the prescribed training, instruction, and standards is required. Satisfactory completion of the prescribed training, instruction, and standards in accordance with these specifications shall be certified by a designated instructor or member of the Bureau staff.

(2)(1) Part I curriculum set forth in paragraph 69A-37.055(2)(a), F.A.C., taught independent of Part II curriculum set forth in paragraph 69A-37.055(2)(b), F.A.C., may be conducted through fire departments or facilities other than approved training centers, but must be compliant with to or have access to all facilities, equipment, and instructors required for the delivery of the curriculum, in accordance with Rule 69A-37.060, F.A.C. Curriculum set forth in paragraphs 69A-37.055(2)(a) and (b), F.A.C., taught as the Minimum Standards Course must shall be taught at a facilitity approved pursuant to Rrule 69A-37.060, F.A.C. All courses to be taught using any alternative delivery method other than traditional classroom delivery Alternative delivery techniques including mentoring and/or blended learning (traditional classroom with computer based training must be approved by the Bureau and provide for verified complete compliance to the skill and knowledge objectives).

(3)(2) The training must shall be given by instructors certified by the Bureau.

(4)(3) All subjects listed in the Minimum Standards Course must shall be included in the curriculum.

(5)(4) Each student enrolled in Minimum Standards Course must shall receive instruction and training in every course subject of the curriculum. Knowledge-based curriculum shall not be less than the number of hours specified for each subject. Skill-based curriculum hours are based upon a an ideal class size of 30 with a student to instructor ratio of one instructor for every six students, and a student to equipment ratio of one piece or set of equipment for every six students.  If a class has less than 20 students, the hours may be adjusted to shorten the class hours by no more than ten percent (10%) of the scheduled class period. Hours may be adjusted according to the actual class ratio.

(6)(5)(a) One aspect of training is psychomotor skills development, which includes the demonstrated ability to perform individually and as a member of a team or group all tasks and operations associated with the training in a manner that which does not present a threat to the safety of the trainee, co-workers, or others and that which contributes to the successful achievement of the purpose for which the task or operation is being performed. Students must achieve a final course grade of 70% of higher in all psychomotor skills assessments to be eligible for certification examination.

(b) If, in the professional opinion of the instructors, the student does not possess the qualities necessary to satisfactorily perform psychomotor tasks, the student shall be dropped from the training program.

(7)(6) Each subject area within the Minimum Standards Course must will be tested, and students must achieve a final course grade of 70% or higher to be eligible for certification examination. to validate the acquisition and application of relevant knowledge and skill. All subject area and final tests, both written and practical, given during the Minimum Standards Course shall require maintenance of a percentage score of not less than 70% on each subject listed in the Minimum Standards Course. If a minimum score of 70% is not achieved on any test, the student shall be afforded a one-time make up examination to achieve the required 70%. Students not in compliance with the minimum score requirement shall be dropped from the course.

(a) through (c) No change.

(8)(7) In general classroom work, the number of students per certified instructor will be determined by the instructor on the basis of complexity of the subject. In general classroom work, there must be at least one certified instructor for each 40 students.

(8) renumbered as (9) No change.

(10)(9) At least two certified instructors must be present when field work occurs under hazardous conditions that can present an immediate danger to life or health. At all other times, there must be at least one certified instructor for each six students during field work. In field work under conditions considered hazardous there shall be not less than one certified instructor for each six students, but in no case shall there be less than two certified instructors. The instructors must shall be placed to oversee the safety and effectiveness of the training. Live Fire Training must shall be conducted in accordance with Rrule 69A-37.405, F.A.C.

(11)(10) In those instances in which the normal scheduled time does not allow for compliance with the foregoing limitations, the time allotted to those classes must shall be extended as necessary to ensure compliance with this rule chapter the intent and purpose of these rules. If completion of course work is not feasible due to circumstances beyond the instructor’s control within the scheduled time frames for a course, the time frames must be extended to complete the training.

Rulemaking Authority 633.128(1)(a), (b), (2)(a), 633.408(1) FS. Law Implemented 633.128(1)(a), (b), 633.408, 633.412 FS. History–New 9-7-81, Formerly 4A-37.16, 4A-37.56, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.056, Amended 3-19-09, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Harper, Assistant Superintendent, Division of State Fire Marshal

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 31, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 15, 2021