These rules are being amended to remove duplicative verbiage by clarifying and simplifying seemingly conflicting language between the rules.

 

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO.:RULE TITLE:
69A-62.001Uniform Minimum Firefighter Employment Standards; Adoption of OSHA Standards
69A-62.003Uniform Minimum Firefighter Employment Standards; Adoption of 29 C.F.R. 1910.134(g)(3) and 1910.134(g)(4), Including Notes One and Two and Additional Requirements Applicable to Fire Scenes
PURPOSE AND EFFECT: These rules are being amended to remove duplicative verbiage by clarifying and simplifying seemingly conflicting language between the rules.
SUMMARY: These amendments clarify the requirements for a firefighter employee to enter a structure fire; remove language that is out of date; clarify what firefighter employees, who are not trained to enter a structure fire, may do on the fire scene; remove adopted OSHA regulations that are not needed; and replace language directing customers to come to the division to view adopted regulations with on-line access.
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 it 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(1), 633.821 FS.
LAW IMPLEMENTED: 633.45(1)(a), 633.803, 633.808, 633.821 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: Tuesday, November 27, 2012, 10:00 a.m.
PLACE: Florida State Fire College, Room 107, 11655 N.W. Gainesville Rd., Ocala, FL 34482
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: Charlie Brush @ [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: Charlie Brush, Safety Programs Manager, Bureau of Fire Standards, Division of State Fire Marshal, Department of Financial Services, 11655 NW Gainesville Rd, Ocala, FL 34482, [phone] or [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-62.001 Uniform Minimum Firefighter Employment Standards; Adoption of OSHA Standards.

(1) The Department of Financial Services, Division of State Fire Marshal, adopts and incorporates as rules of the Division of State Fire Marshal the following standards as they pertain solely to firefighter employees firefighters and firefighter employers: Sections 1910.120(q)  1910.120, 1910.134 as modified by Section 633.821(3), F.S. [excluding Section 1910.134(g)(3) and 1910.134(g)(4)], and 1910.146, and 1910.156, of Part 1910, of the Occupational Safety and Health Standards, 29 Code of Federal Regulations, effective April 8, 1998.

(2) A copy of all All standards adopted and incorporated by reference in this rule may be obtained at www.osha.gov are available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

Rulemaking Specific Authority 633.01(1), 633.821 FS. Law Implemented 633.45(1)(a), 633.803, 633.808, 633.821 FS. History–New 11-21-01, Formerly 4A-62.001, Amended____________.

 

69A-62.003  Uniform Minimum Firefighter Employment Standards; Adoption of 29 C.F.R. 1910.134(g)(3) and 1910.134(g)(4), Including Notes One and Two and Additional Requirements Applicable to Fire Scenes.

(1)  The Department of Financial Services, Division of State Fire Marshal, adopts and incorporates as rules of the Division of State Fire Marshal the following standards as they pertain solely to firefighters and firefighter employers: 29 Code of Federal Regulations, Sections 1910.134(g)(3) and 1910.134(g)(4), Procedures for IDLH Atmospheres, including Notes 1 and 2 to paragraph (g) (relating to interior structural firefighting, commonly referred to as the “two in, two out rule”), effective April 8, 1998.

(2) All standards adopted and incorporated by reference in this rule are available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

(3) With respect to 29 C.F.R. § 1910.134(g)(4), the two individuals located outside the immediately dangerous to life and health atmosphere may be assigned to an additional role, such as incident commander, pumper operator, engineer, or driver, so long as such individual is able to immediately perform assistance or rescue activities without jeopardizing the safety or health of any firefighter working at an incident.

(1)(a)1. Except as provided in paragraphs (a) or (b) subparagraphs 2., 3., and 4., a no firefighter employee or any other person under the authority of the firefighter employer at the scene of a fire may not is permitted to participate in any operation involving two-in, two-out as one of the two or more persons inside the Immediate Danger to Life and Health (IDLH) atmosphere or as one of the two or more persons outside of the IDLH atmosphere unless such firefighter or other person at the scene of a fire has successfully completed the training curriculum and examination requirements training set forth in Part I of paragraph 69A-37.055(2)(a), F.A.C. This requirement specifically applies to volunteer fire departments and volunteer firefighters but is also applicable to any other person working under the authority of the Firefighter Employer at the scene of a fire. 

2.a. A volunteer firefighter who possesses the State Basic Volunteer certificate previously issued by the division is exempt from the requirement in subparagraph (3)(a)1. The training encompassed in the basic volunteer certificate in itself may not meet “trained commensurate to duty” as defined depending upon duties or tasks assigned or undertaken in the exclusionary zone.

b. A volunteer firefighter who provides evidence of having completed curriculum equivalent to the training set forth in Part I of paragraph 69A-37.055(2)(a), F.A.C., prior to January 1, 2004, is exempt from the requirement in subparagraph (3)(a)1., if:

(I) The fire chief or other chief administrative officer of the fire department of which the firefighter is a member files with the State Fire Marshal form DFS-K4-1594, “Training Exemption Application,” effective 09/06/04, amended 01/01/09, which is hereby adopted and incorporated by reference, and

(II) The form is accepted by the State Fire Marshal after confirmation of the evidence provided. Form DFS-K4-1594 may be obtained by writing the Bureau of Fire Standards and Training, 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486.

(a)3. United States Department of Defense firefighters responding in their capacity as U.S. Department of Defense firefighters meeting equivalent U.S. Department of Defense qualifications are exempt from the requirement in subsection (1) subparagraph (3)(a)1. 

(b)4. Volunteer firefighters having National Wildfire Coordinating Group (NWCG) S-130, S-190, and Standards for Survival certification by the Florida Division of Forestry may are permitted to participate in wild land fire suppression without meeting the requirement of subsection (1) subparagraph (3)(a)1. 

(2)(b) It is each Firefighter Employer's responsibility to be familiar with the training standards of commonly used mutual aid agreements, automatic aid agreements, and other similar resources with other entities with whom the Firefighter Employer has an agreement. Each fire department responding pursuant to a mutual aid agreement or automatic aid agreement or similar document is responsible for the training and certification of its own personnel. Unless otherwise specified, responses to requests for assistance shall be with constitute requests for personnel meeting the training requirements in subsection (1) standard required by these rules.

(4)(a) In addition to the prohibition in subsection (3), no firefighter employer, regardless of whether such firefighter employer employs firefighters certified under Section 633.34, F.S. (2003), or utilizes volunteer firefighters, is permitted to allow any firefighter or other person at the scene of a fire to participate in any activity which is included in the standards adopted in Sections 633.801 - .821, F.S. (2003), or pursuant to this rule chapter unless such firefighter or other person at the scene of a fire has completed the training set forth in Part I of paragraph 69A-37.055(2)(a), F.A.C. This requirement specifically applies to volunteer fire departments and volunteer firefighters, but is also applicable to any other person operating in the exclusionary zone of a scene that would require the use of breathing apparatus, protective clothing, or specialized training required under Section 633.821(2), F.S.

(3)(b) This  subsection does not prohibit a person who has not met the training requirements in paragraph (a) from taking any action at all at a fire scene. It merely prohibits a person who has not met such training requirements from engaging in any activity which is governed by the standards adopted in Sections 633.801 - .821, F.S. (2003). A firefighter employee and any other person under the authority of the firefighter employer who has Persons not having met the training requirements in subsection (1) paragraph (a), may engage in assigned support services outside of the hot zone. but who are “trained commensurate to duty” to perform those activities they are assigned to, are permitted to engage in certain activities outside of the exclusionary zone. Those activities include pulling hoses, opening and closing fire hydrants, moving vehicles, carrying tools, carrying or moving equipment, directing traffic, manning a resource pool, and similar activities.

Rulemaking Specific Authority 633.01(1), 633.821 FS. Law Implemented 633.45(1)(a), 633.803, 633.808, 633.821 FS. History–New 11-21-01, Formerly 4A-62.003, Amended 9-6-04, 1-1-09,____________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Charlie Brush, Safety Programs Manager, Bureau of Fire Standards, Division of State Fire Marshal, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief of Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 3, 2012