The proposed rule amendments update the State’s Live Fire Instructor and Training Program to current National Fire Protection Association (NFPA) standards and create a safer environment for participants involved in live ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.: RULE TITLE:

69A-37.039: Prescribed Forms for Training and Certification

69A-37.090: Lisa of Supplemental Compensation Forms; Incorporation by Reference

69A-37.401: Definitions

69A-37.402: Authorizations for Certified Personnel

69A-37.403: Compliance with Other Applicable Laws, Rules

69A-37.404: Requirements for Live Fire Training for Certified Personnel

69A-37.405: Requirements for Live Fire Training During Recruit Training

69A-37.406: Certification Prerequisites for Live Fire Training Instructor Training

69A-37.407: Live Fire Training Instructor Training

69A-37.408: Live Fire Training Instructor Certification and Renewal

69A-37.409: Instructor Certification Revocation

PURPOSE AND EFFECT: The proposed rule amendments update the State’s Live Fire Instructor and Training Program to current National Fire Protection Association (NFPA) standards and create a safer environment for participants involved in live fire training. This rulemaking updates the live fire training standards to sync with NFPA industry standards. This rulemaking incorporates several NFPA standards by reference and makes other necessary updates.

SUMMARY: The proposed rulemaking will update the Live Fire Training requirements to conform with prevailing NFPA standards.

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: 633.104, 633.128, 633.135, 633.137, 633.216, 633.406, 633.408, 633.418, 633.508, FS.

LAW IMPLEMENTED: 633.112, 633.128, 633.135, 633.137, 633.138, 633.216, 633.406, 633.408, 633.412, 633.414, 633.415, 633.418, 633.422, 633.508, FS.

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

DATE AND TIME: April 4, 2021, at 10:00 a.m.

PLACE: Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/626020717

You can also dial in using your phone. United States (Toll Free): 1(866)899-4679, United States: [phone], Access Code: 626-020-717

Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com, Meeting ID: 626 020 717 or dial directly: 626020717@67.217.95.2 or 67.217.95.2##626020717

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: Eugenia Tucker, [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: Eugenia Tucker, Assistant Superintendent, Bureau of Fire Standards and Training, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-37.039 Prescribed Forms for Training and Certification.

(1) No change.

(a) through (b) No change.

(c) By downloading them from the website at https://myfloridacfo.com/Division/SFM/Forms. www.myfloridacfo.com/Division/SFM/BFST. 

(2) The following forms are hereby adopted and incorporated by reference in this rule:

(a) through (b) No change

(c) Form DFS-K4-1020, “Personal Inquiry Waiver,” effective MM/YY, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.

(c) renumbered as (d) through (f) renumbered as (g) No change.

(h) Form DFS-K4-1032, “Notice of Employment As A Firefighter Or Volunteer,” effective MM/YY, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.

(g) renumbered as (i) through (zz) renumbered as (bbb) No change.

(aaa) DFS-K4-2174, “Application for Firefighter Assistance Grant Program,” http://www.flrules.org/Gateway/reference.asp?No=Ref-08003, eff. 7/16.

(bbb) renumbered as (ccc) through (iii) renumbered as (jjj) No change.

(kkk) Form DFS-K4-2209, “Live Fire Training Instructor II Task Book,” effective MM/YY, http://www.flrules.org/Gateway/reference.asp?No=Ref________.

(lll) Form DFS-K4-2302, “Tobacco Affidavit,” effective MM/YY, http://www.flrules.org/Gateway/reference.asp?No=Ref-________.

Rulemaking Authority 633.104, 633.128(1), 633.135(3), 633.137(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, 633.137, 633.138, 633.216, 633.406, 633.408, 633.412, 633.414, 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, 1-11-21, 2-8-21, 4-29-21, __________.

 

69A-37.090 List Lisa of Supplemental Compensation Forms; Incorporation by Reference.

The following forms are hereby incorporated by reference and can be obtained by writing to the Florida State Fire College, 11655 N.W. Gainesville Road, Ocala, Florida 34482-1486 or by accessing the College’s website at https://myfloridacfo.com/Division/SFM/BFST/Forms, http://www.flrules.org/Gateway/reference.asp?No=Ref-01639 http://www.myfloridacfo.com/sfm/bfst/standard/stdsupcp.htm.

(1) through (2) No change.

(3) Form DFS-K4-1056, “Application for Re-Entry,” Effective MM/YY, http://www.flrules.org/Gateway/reference.asp?No=Ref-________. eff. 4/12.

(4) Form DFS-K4-1057, “Application for Initial Entry,” Effective MM/YY, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____. eff. 4/12.

(5) No Change.

Rulemaking Authority 663.128 (2)(a) FS. Law Implemented 633.422 FS. History–New 9-25-12, Amended __________.

 

Substantial rewording of Rule 69A-37.401 follows. See Florida Administrative Code for present text.

 

69A-37.401 Definitions.

The following words or terms have the following meanings in Rules 69A-37.401 through 69A-37.405, F.A.C. inclusive:

 

(1) “Acquired Structure” means a building or structure acquired by the authority having jurisdiction from a property owner for the purposes of conducting fire training evolutions, technical rescue training, hazardous materials training, or other fire rescue training.

(2) “Acquired Prop” as defined in NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(3) Authority Having Jurisdiction, sometimes referred to as the “AHJ”, as defined in NFPA 1403, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(4) “Certified Fire Training Center” means a training center certified to provide Live Fire Training evolutions under Rule Chapter 69A-37, F.A.C.

(5) “Containerized Training Structure” as defined in NFPA 1402 which is incorporated by reference into Rule 69A-37.403, F.A.C.

(6) “Emergency Medical Services” as defined in NFPA 1402 which is incorporated by reference into Rule 69A-37.403, F.A.C.

(7) “Firefighter Training Curriculum” as defined in Rule 69A-37.055, means the firefighter training curriculum that consists of two training curricula parts: a “Part I” and “Part” II. When combined, Part I and Part II equal 492 hours which is referred to as the “Minimum Standards Course”. Training to become a Volunteer Firefighter or Firefighter I, requires the individual to complete Part I. Training for the full Minimum Standards Course, requires completion of both Part I and Part II. Upon completion he or she will receive a Certificate of Compliance. Any reference to Part I is training for a Volunteer Firefighter or Firefighter I. Any reference to Minimum Standards Course is training for Firefighter II.

(8) “Instructor” as defined in the NFPA 1403, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(9) “Instructor in Charge,” or “IIC,” as defined in NFPA 1403, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(10) “Live Fire” defined in the NFPA 1403, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(11) “Live Fire Adjunct Trainer,” or “LFAT,” means any person certified through the Bureau of Fire Standards and Training as a Live Fire Adjunct Trainer.

(12) “Live Fire Adjunct Trainer Course” means the 16-hour training program required to become a Live Fire Adjunct Trainer. This program includes practical evolutions and is only available in a “live” traditional delivery format.

(13) “Live Fire Master Trainer” means an LFTI II who has been designated by the AHJ to oversee the Live Fire Training Instructor course at the Certified Fire Training Center.

(14) “Live Fire Training” means the training of Participants, or any other training with live fire that exposes Participants to an immediately dangerous to life or health (IDLH) environment involving:

(a) Acquired structures;

(b) Live Fire Training Structures;

(c) Liquid, gas-fueled, or ordinary combustible fires or props involving fires that are beyond the incipient stage and are not capable of being extinguished using a standard fire extinguisher;

(d) Flashover props; or

(e) Aircraft Rescue and Firefighting props.

(15) “Live Fire Training Instructor,” or “LFTI,” means any person certified by the Bureau of Fire Standards and Training as a Florida Fire Service Instructor I, II, or III, who has completed the Live Fire Training Instructor program, and who has successfully passed the certification examination.

(16) “Live Fire Training Instructor II,” or “LFTI II,” means any person who is certified as an LFTI and has completed the Live Fire Training Instructor II Task Book process with a Live Fire Master Trainer at a Certified Fire Training Center set forth in Rule 69A-37.402, F.A.C.

(17) “Live Fire Training Instructor Course” means the 40-hour training program required to become a Live Fire Training Instructor. This program includes practical evolutions and is only available in a live traditional delivery format.

(18) “Live Fire Training Prop” as defined in NFPA 1402, which is incorporated by reference in Rule 69A-37.403, F.A.C.

(19) “Live Fire Training Structure” as defined in NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(20) “Means of Egress” as defined in NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(21) “Means of Escape” as defined in NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.  

(22) “NFPA” means the National Fire Protection Association.

(23) “Observer” means family members, elected officials, and non-certified persons.

(24) “Owner” as defined in NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(25) “Participant” means any Volunteer Firefighter, Firefighter I, Firefighter II, or candidate to become a Volunteer Firefighter or Firefighter II who is involved in the live fire training evolution within the operations area. Family members, elected officials, and others not associated with a training class requiring live fire training shall not be considered as a Participant.

(26) “Personal Protective Clothing” as defined in the NFPA 1403 edition, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(27) “Personal Protective Equipment” or “PPE” as defined in the NFPA 1403 edition, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(28) “Prop” as defined in NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(29) “Qualified as a Fire Instructor II or III”  means an individual who is certified as a Florida Fire Service Instructor I and has successfully completed the Florida 45-hour Fire Service Course Design course or its equivalent approved by the Bureau.

(30) “Registered Provider” means an organization that provides live fire training to the Florida Fire Service and that is registered in the Florida College Department of Insurance Continuing Education (FCDICE) system. All providers must register in the FCDICE system prior to providing live fire training.

(31) “Safety Officer,” or “SO,” as defined in the NFPA 1403, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(32) “Smoke Barrel” a container constructed of sturdy metal designed to produce smoke using Class A fuels.

(a) If used during an acquired structure live fire training evolution, they must be closely monitored by an LFAT or LFTI with a pressurized water extinguisher and radio.

(b) Openings used to add Class A fuels shall close to not allow sparks or embers or material to escape. 

(c) Smoke Barrels shall be positioned to be stable to prevent being knocked over and to avoid contact by Participants.

(d) No open flames should be visible outside of the Smoke Barrel.

(e) Any discharge port or flu shall be designed to reduce the chance of burning embers from escaping.

(f) Smoke Barrels should be placed so that they can not ignite or cause the ignition of a fire.

Rulemaking Authority 633.418(1), 633.128(1), (2)(a), 633.508(6) FS. Law Implemented 633.128(1), 633.418(1), 633.508 FS. History‒New 10-5-06, Amended __________.

 

Substantial rewording of Rule 69A-37.402 follows. See Florida Administrative Code for present text.

 

69A-37.402 Qualification by the Authority Having Jurisdiction for Live Fire Training Structure Operation. Authorizations for Certified Personnel.

(1) Fixed gas-fired props, ordinary combustible type training buildings, and manufacturer designed and constructed structures, systems, props.

(a) The Authority Having Jurisdiction (AHJ) shall require all instructors, Safety Officers (SO’s), and the Instructors In Charge (IIC) responsible for conducting live fire training with said equipment to be trained in the complete operation of the system and props in accordance with manufacturer guidelines and AHJ requirements.

(b) The training of live fire training instructors and the live fire training SO, on the use of live fire training structures or props, shall be performed by an individual authorized by the manufacturer or by live fire training instructors authorized by the manufacturer to provide prop training to other live fire training instructors; or,

(c) When a manufacturer does not provide authorized individuals to conduct a training program which qualifies the AHJ Live Fire Training Instructors (LFTI’s) to operate said equipment and deliver instruction to student Participants, the AHJ shall be responsible for developing a training program.

(d) An AHJ that develops its own training program shall do so in accordance with the NFPA 1403, incorporated by reference in Rule 69A-37.403, F.A.C. and shall submit the training program to the Bureau of Fire Standards and Training, Safety Section at least 60 days prior to the first use of the training program by email to [e-mail]. The training program shall consist of curriculum that includes a syllabus, lesson plan, qualifications of the instructor, and any practical training proposed to be provided.

(e) The manufacturer training program that qualifies AHJ instructors to operate said equipment and deliver instruction to student Participants shall strictly adhere to the manufacturer guidelines and be formatted in the same manner as described in the Non-Manufacturer Designed and Constructed systems or props.

(2) Non-Manufacturer Designed and Constructed Structures, Systems and Props.

(a) The AHJ shall require all instructors, SO’s, and IIC responsible for conducting live fire training with said equipment to be trained to operate and deliver instruction to student Participants.

(b) An AHJ shall provide a training program that qualifies instructors to operate said equipment and deliver instruction to student Participants. The AHJ shall document the training program for student Participants.

(c) The training program shall consist of the following:

1. The information and documentation required in the NFPA 1403;

2. Design and purpose;

3. Theory of operation and simulation techniques;

4. Recommended fuel loading, ignition, reloading, and overhaul procedures;

5. Pre-evolution briefing procedures;

6. Training evolutions and post evolution procedures;

7. Inspection and maintenance of the system or prop;

8. Practical operation by each LFTI conducting a complete training evolution;

9. Pre-burn briefing and walk-through;

10. Safety procedures and Participant safety inspections; and

11. Decontamination procedures.

(d) All training shall be documented in accordance with the NFPA 1403, incorporated by reference in Rule 69A-37.403, F.A.C. and maintained by the Registered Provider.

(3) Qualification of Provider for Acquired Structures

(a) Any provider conducting live fire training in acquired structures must provide notice to the Safety Section of the Bureau of Fire Standards and Training no less than 60 days before the date of the training by email to [e-mail]. Notice shall include a copy of training objectives, structure layout including locations of fires, fuel load, and an instructor position list that provides the positions to be utilized. The names of instructors performing each position’s duties shall be provided after the live fire training evolution.

(b) Within fifteen (15) days after live fire training evolutions, all providers of live fire training using an acquired structure must provide the Safety Section of the Bureau of Fire Standards and Training with a copy of all documents identified in Chapter 9, Records and Reports, of NFPA 1403.

Rulemaking Authority 633.508(6), 633.128(1), (2)(a), 633.418 F.S. Law Implemented 633.418(1), 633.508, 633.128(1) FS. History‒New 10-5-06, Amended __________ .

 

Substantial rewording of Rule 69A-37.403 follows. See Florida Administrative Code for present text.

 

69A-37.403 Compliance with Other Applicable Laws, Rules.

(1) NFPA 1041, Standard for Fire And Emergency Services Instructor Professional Qualifications (2019 edition) is incorporated herein by reference.

(2) NFPA 1402, Standard on Facilities for Fire Training and Associated Props (2019 edition) is incorporated herein by reference.

(3) The following NFPA publications that are identified in Chapter 2.2 of NFPA 1402 (2019 edition) are incorporated herein by reference:

(a) NFPA 14, Standard for the Installation of Standpipe and Hose Systems (2019 edition).

(b) NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection (2017 edition).

(c) NFPA 30, Flammable and Combustible Liquids Code (2021 edition).

(d) NFPA 54, National Fuel Gas Code (2021 edition).

(e) NFPA 58, Liquefied Petroleum Gas Code (2020 edition).

(f) NFPA 70, National Electrical Code (2020 edition).

(4) NFPA 1410, Standard on Training for Initial Emergency Scene Operations (2020 edition) is incorporated herein by reference.

(5) NFPA 1403, Standard on Live Fire Training Evolutions (2018 edition) is incorporated herein by reference.

(6) NFPA 1407, Standard for Training Fire Service Rapid Intervention Crews (2015 edition) is incorporated herein by reference.

(7) The Department has determined that posting the NFPA standards referenced in subsections (1) through (6) on the Internet for purposes of public examination and inspection would constitute a violation of federal copyright law. These copyrighted materials may be:

(a) Obtained by contacting the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone [phone]; Website www.nfpa.org; or

(b) Accessed in a read-only, non-printable, non-downloadable format at the NFPA’s website at https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Free-Access; or

(c) Viewed, during regular business hours, at the offices of:

1. The Bureau of Fire Standards and Training, Florida State Fire College, 11655 NW Gainesville Road, Ocala, Florida 33482-1486; or

2. The Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

Rulemaking Authority 633.418(1), 633.128(1), (2)(a), 633.508(6) FS. Law Implemented 633.128(1), 633.418(1), 633.508 FS. History‒New 10-5-06, Amended __________.

 

Substantial rewording of Rule 69A-37.404 follows. See Florida Administrative Code for present text.

 

69A-37.404 Requirements for Live Fire Training for Recruit, Volunteer, Firefighter I, Firefighter II Certified Personnel.

(1) The Instructor in Charge (IIC) and the Safety Officer (SO) must each be certified as a Live Fire Training Instructor (LFTI) and Qualified as a Fire Service Instructor II or III pursuant to the NFPA 1041, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(2) No individual under the age of 18 shall be permitted to participate in, or enter, any environment that is immediately dangerous to life or health (IDLH) or potential IDLH or participate in live fire training evolutions.

(3) The exposure to live fire conditions in Part I or Minimum Standards training must be under the strict supervision and control of an IIC with immediate egress capabilities as required by NFPA 1402, section 7.1.5, as incorporated into Rule 69A-37.403, F.A.C.

(4) To observe basic fire behavior, each recruit shall be exposed to very basic props or scenarios and progressively build to more complex scenarios that approximate realistic conditions.

(5) For the purpose of igniting a training fire, a fire control team shall be established and consist of at least two personnel, one of which shall be the ignition officer.

(a) The ignition officer who ignites, maintains, and controls the material being burned must be a certified LFTI, LFTI II, or an LFAT.

(b) Additional personnel certified to the Florida Fire Fighter II level may be assigned. 

(c) Fire control team personnel must be rotated through assignments and the ignition officer cannot serve in that position for more than one evolution in a row.

(d) When a manufactured gas-fired system is used, and the prop is ignited via remote control, the ignition officer would be exempt from the evolution rotation provided that provisions are made for rehabilitation including relief from climatic conditions. The decision to ignite the training fire shall be made by the IIC in coordination with the SO.

(6) A backup hoseline may be operated by Participants engaged in live fire training if a certified LFTI is assigned to oversee the backup hoseline.

(7) The Rapid Intervention Crew (RIC) must be trained in accordance with NFPA 1407, Standard for Training Fire Service Rapid Intervention Crews, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(8) Each Participant must complete and provide documentation of the prerequisite training identified in Chapter 4, parts 4.3.1 and 4.3.2.1 through 4.3.2.5 of NFPA 1403, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(9) Each Participant shall be trained to constantly identify hazards and alternative escape routes during interior fire suppression operations, inclusive of training exercises.

(10) If any fire department or training center creates its own fire training program for elected officials other than the International Association of Fire Fighters (IAFF) Fire Ops 101, the fire training program must be submitted to the Bureau of Fire Standards and Training Safety Office 60 days prior to the event to ensure compliance with the NFPA 1403, which is incorporated by reference into Rule 69A-37.403, F.A.C. The documents must be sent electronically via email to [e-mail]. The training program shall consist of curriculum that includes a syllabus, lesson plan, and any practical training proposed to be provided.

(11) Observers are permitted to observe the live fire training from a safe area, sometimes referred to as the “warm zone,” and shall not be exposed to an IDLH environment, nor participate in any live fire training activity. Observers in the “warm zone” must be accompanied by an LFAT or LFTI at all times.

(12) Live fire training in any structure must include instruction to the Participant in planning for a secondary means of egress or escape in case of an unexpected fire condition change. Prior to live fire training drills, each fire fighter must identify two means of egress from each area. A fire room must have at least two separate means of egress or escape available.

(13) Any room lacking ventilation capabilities in an emergency shall not be used for a live fire training evolutionLFT.

(14) Ventilation capabilities must be planned to limit fire spread and improve habitability. Neither the primary nor secondary egress point is permitted to be used for normal room venting.

(15) Fuel loads must comply with NFPA 1403, as incorporated by reference in Rule 69A-37.403, F.A.C.

(16) Live fire used in training must not block the main or planned secondary exit of Participants.

(17) Each window used as a secondary means of egress shall have clear access, with the glass and impedances such as frame cross members removed. Windows are permitted to be loosely boarded to allow ventilation and to be easily removed without tools from the inside or outside. No exterior obstruction shall impede egress.

(18) A backup line capable of delivering a minimum of 95 gallons per minute to extinguish a fire involving the entire fire room must be in place to monitor the fire and the training personnel. Operation of the backup line requires a minimum of two personnel. The backup line must always monitor the progress of the crew being trained.

(19) Training mannequins must be readily identifiable as such using uniquely colored or specially marked clothing and shall not be dressed in firefighter Personal Protective Clothing that is possible to confuse with the clothing of an actual firefighter.

(20) Thermal imaging equipment, if available, shall be used to monitor fire conditions and the location of firefighters during fire training. Thermal imaging readings shall be taken at the ceiling, mid-level, and floor levels of the training structure containing the live fire training fire.

(21) Every pumper or other unit equipped with a pump supplying hoselines during interior fire operations must have an assigned qualified pump operator present at that unit in case immediate operational changes are necessary.

(22) All internal crews and command staff must have working two-way radio communications throughout the entire structure or hot zone prior to beginning any evolution. Operations shall be conducted on a dedicated radio channel that shall not be a channel used for dispatching or for any other use during live fire evolutions.

(23) The “two-in-two-out” rule, as described in 29 C.F.R. 1910.134(g)(4) for interior structural firefighting, shall always be in effect during any live fire training.

(24) The local emergency medical services provider shall be apprised of the location and time of the live fire training evolution. Basic life support shall be provided and identified on the scene. Advance life support care and transport shall be on scene for live fire training evolutions in an acquired structure. Planning shall include a landing zone for air transport, such as an emergency medical service helicopter.

(25) Participants engaged in fire extinguisher training for Part I or Minimum Standards training, shall utilize Personal Protective Equipment.

(26) Any live fire training must be conducted by certified LFTIs and certified LFATs who are:

(a) employed by a fire department;

(b) volunteers of a fire department; or,

(c) requested in writing by a training center in compliance with Rule 69A-37.060, F.A.C.

(27) All live fire training must be followed with a decontamination process for all Participants to reduce exposure to carcinogens or other health related conditions.

(28) Registered providers of live fire training must comply with the NFPA 1402, which is incorporated by reference in Rule 69A-37.403, F.A.C.

(29) Live Fire Training Structures and Live Fire Training Props must be constructed and maintained in accordance with the following sections of the NFPA 1402, which are incorporated by reference in Rule 69A-37.403, F.A.C.:

(a) 3.3.8 Emergency Medical Services;

(b) 6.1 Design and Construction;

(c) 6.2 Maintenance;

(d) 7.2 Maintenance, Evaluations, and Testing;

(e) 8.9 Maintenance and Testing;

(f) 9.6 System Operations and Maintenance Training;

(g) 10.3.1 Fuel Storage;

(h) 14.3 Maintenance; and

(i) Annex B-B-6 Smoke Building.

(30) Registered providers of live fire training must comply with the NFPA 1403, which is incorporated by reference into Rule 69A-37.403, F.A.C., excluding the following:

(a) Any chapter entitled “Referenced Publications.”

(b) References to the NFPA Publication 1975, Station Uniform.

(c) Provisions of the NFPA Publication 1001, not adopted under Rule Chapter 69A-37.

(d) Any reference to an AHJ in NFPA 1403, defined as the organization, office, or individual responsible for approving equipment, materials, installations, and procedures.

(31) Registered providers of live fire training must comply with all sections of Chapter 4, Establishing Policies and Standard Operating Procedures, of NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(32) Registered providers of live fire training must comply with all sections of Chapters 6 and 7, Live Fire Training Structures, of NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(33) Registered providers of live fire training using gas-fueled live fire systems on the interior of a Live Fire Training Structure must comply with all sections of Chapter 8, Gas-Fueled Live Fire Training Systems – Interior, of NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(34) Registered providers of Live Fire Training Using Props or other live fire training equipment using gas-fueled live fire systems must comply with all sections of Chapter 9, Gas-Fueled Live Fire Training Systems – Exterior, of NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(35) Registered providers of live fire training using mobile or portable Live Fire Training Props must comply with all sections of Chapter 10, Mobile and Transportable Training Props, of NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(36) Registered providers of live fire training must comply with all sections of Chapter 13, Combustible and Flammable Liquids Used in Interior and Exterior Activities, of NFPA 1402, which is incorporated by reference into Rule 69A-37.403, F.A.C.

(37) Registered providers that allow third-party entities to use the registered provider’s Live Fire Training Structures and Live Fire Training Props must ensure the third-party’s compliance with all the requirements of this Rule.

Rulemaking Authority 633.418(1), 633.128(1), (2)(a), 633.508(6) FS. Law Implemented 633.128(1), 633.418(1), 633.508 FS. History‒New 10-5-06, Amended 8-3-15, __________.

 

Substantial rewording of Rule 69A-37.405 follows. See Florida Administrative Code for present text.

 

69A-37.405 Live Fire Training Instructor Training Prerequisites; Certification; Recertification and Revocation Requirements for Live Fire Training During Recruit Training.

(1) Live Fire Adjunct Trainer (LFAT).

(a) Prerequisites and Duties.

1. The candidate must be a certified Florida Volunteer Firefighter, Firefighter I, or Firefighter II.

2. A certified LFAT is permitted to lead crews.

3. A LFAT involved in live fire training for Part I or Minimum Standards training, must be a certified LFAT and must be a certified Florida Fire Service Instructor I, II, or III.

4. A LFAT involved in live fire training, other than Part I, Part II, or Minimum Standards training, such as in-service training, does not need to be a certified fire instructor; however, he or she must be a certified LFAT.

(b) Certification as a LFAT requires:

1. The completion of the Bureau of Fire Standards and Training approved 16-hour Live Fire Adjunct Trainer course.

2. The successful completion of a Bureau of Fire Standards and Training approved certification test encompassing course objectives and materials with a passing score of at least 85%.

3. Existing LFAT’s will have six (6) months after adoption of this rule to successfully pass the state examination.

a. To take the state written examination, current LFAT’s must submit a written application through FCDICE.

b. An LFAT can submit documentation of successfully completing the 16-hour approved LFAT course.

(c) Quadrennial renewal requirements for a LFAT are:

1. The completion of the Bureau of Fire Standards and Training approved 4-hour Live Fire Adjunct Trainer Refresher course.

2. During the preceding four-year period, the LFAT must participate in one live fire training burn as the instructor leading a crew on an interior attack, documented by the signature of the Live Fire Master Trainer or certified training center director.

3. Failure to meet the renewal requirements will require the expired LFAT to retake the Bureau of Fire Standards and Training approved 16-hour Live Fire Adjunct Trainer training course and obtain a passing score of at least 85% on the state examination.

(d) Revocation: A LFAT certification will be revoked if:

1. The LFAT fails to provide, or provide planning for the provision of, medical treatment to an injured Participant, or if a Participant is abandoned during any live fire training evolution.

2. The LFAT allows material to be used in live fire training that is not approved by the adopted portions of NFPA 1403.

(2) Live Fire Training Instructor (LFTI).

(a) Prerequisites and Duties.

1. The candidate must be a certified Florida Fire Service Instructor I, II or, III, and must be a Florida certified Volunteer Firefighter, Firefighter I or Firefighter II.

2. The candidate must be sponsored by a certified training center or a fire department which shall, collectively or individually, be referenced to as the “sponsoring agency.” A sponsoring agency is a fire department or certified training center that takes responsibility and liability for a certified LFAT, LFTI, or LFTI II engaged in a live fire training evolution.

3. A LFTI is permitted to serve in any position during live fire training, except as the Instructor in Charge (IIC) or the Safety Officer (SO) unless the LFTI meets the qualifications for Fire Instructor II, in NFPA 1041, which is incorporated by reference into Rule 69A-37.403, F.A.C. All live fire training must be conducted by a certified LFTI.

(b) Certification for a LFTI requires:

1. The completion of the Bureau of Fire Standards and Training approved 40-hour Live Fire Training Instructor course;

2. The successful completion of a Bureau of Fire Standards and Training approved certification test encompassing course objectives and materials with a passing score of at least 85%.

(c) Quadrennial renewal requirements for a LFTI are:

1. The completion of the Bureau of Fire Standards and Training approved 8-hour Live Fire Training Instructor Refresher course;

2. During the preceding four-year period, the LFTI must participate in a fully compliant live fire training exercise, documented by the signature of the Live Fire Master Trainer or certified training center director as:

a. an IIC; or

b. the SO; or

c. an instructor leading a crew of Participants.

3. Failure to meet the renewal requirements will require the expired LFTI to retake the Bureau of Fire Standards and Training approved 40-hour Live Fire Training Instructor course and obtain a passing score of at least 85% on the state examination.

4. Failure to meet the renewal requirements for the Florida Fire Service Instructor I, II, or III certification will disqualify the LFTI from conducting live fire training until the Florida Fire Service Instructor I, II, or III certification is renewed.

(d) Revocation: A LFTI certification will be revoked if:

1. The LFTI fails to provide, or provide planning for the provision of, medical treatment to an injured Participant, or if a Participant is abandoned during any live fire training evolution.

2. The LFTI allows material to be used in live fire training that is not approved by the adopted portions of NFPA 1403.

3. The LFTI does not comply with, or enforce, any safety rule in Rule Chapters 69A-62 and 69A-60, F.A.C.

4. The LFTI fails to comply with the adopted portions of NFPA 1403.

(3) Live Fire Training Instructor II (LFTI II).

(a) Prerequisites and Duties.

1.The candidate must be a certified LFTI, a certified Florida Fire Service Instructor I, II or III, and a Florida certified Firefighter II;

2. A candidate for LFTI II must complete the tasks in the Live Fire Training Instructor II Task Book, DFS-K4-2209, as incorporated by reference in Rule 69A-37.039, F.A.C., and have the Live Fire Master Trainer and the Training Center Director verify that the Live Fire Training Instructor II Task Book is complete. The LFTI II that evaluates each task in the Live Fire Training Instructor II Task Book must verify the successful completion of each task.

3. The LFTI II candidate must teach the Bureau of Fire Standards and Training approved 40-hour course at a Florida certified training center as part of completing the tasks in the Live Fire Training Instructor II Task Book.

4. A candidate for LFTI II must electronically submit the completed Live Fire Training Instructor II Task Book, form DFS-K4-2209, which is incorporated by reference into Rule 69A-37.039, F.A.C., to the Bureau of Fire Standards and Training at https://floridastatefirecollege.org/public/pb_index.asp.

5. A LFTI II is permitted to serve in any position during live fire training, except as the IIC or the SO unless the LFTI II meets the qualifications for Fire Instructor II in NFPA 1041, which is incorporated by reference into Rule 69A-37.403, F.A.C.

6. All LFTI training must be completed by a certified LFTI II under the direction of a Live Fire Master Trainer. 

7. A LFTI II is permitted to provide the following training:

a. LFTI training at a certified training center;

b. The 8-hour Live Fire Training Instructor Refresher;

c The LFAT training at a certified training center; and,

d. The Live Fire Adjunct Trainer Refresher.

(b) Certification for a LFTI II requires:

1. Successful completion of a Live Fire Training Instructor course as a lead instructor under the supervision of a certified Live Fire Master Trainer;

2. Successful completion of the required Live Fire Training Instructor II Task Book;

3. There is no exam for this certification. 

(c) Quadrennial renewal requirements for a LFTI II are:

1. Completion of the Bureau of Fire Standards and Training approved 8-hour Live Fire Training Instructor Refresher course;

2. During the preceding four-year period, the LFTI II must participate on a fully compliant live fire training exercise, documented by the signature of the Live Fire Master Trainer or certified training center director as:

a. an IIC; or

b. the SO; or

c. an instructor leading a crew of Participants.

3. A LFTI II that conducts a Bureau of Fire Standards and Training approved 40-hour Live Fire Training Instructor class or conducts the Bureau of Fire Standards and Training approved 8-hour Live Fire Training Instructor Refresher course during the renewal period shall be exempt from completing the Bureau of Fire Standards and Training approved 8-hour Live Fire Training Instructor Refresher course as a Participant for that renewal period.

4. Failure to meet the renewal requirements for the Florida Fire Service Instructor I, II, or III certification will disqualify the LFTI II from conducting live fire training until the Florida Fire Service Instructor I, II, or III certification is renewed.

(d) Revocation: A LFTI II certification will be revoked if:

1. The LFTI II fails to provide, or provide planning for the provision of, medical treatment to an injured Participant, or if a Participant is abandoned during any live fire training evolution.

2. The LFTI II allows material to be used in live fire training that is not approved by the adopted portions of NFPA 1403.

3. The LFTI II does not comply with, or enforce, any safety rule in Rule Chapters 69A-62 and 69A-60, F.A.C.

4. The LFTI II fails to comply with the adopted portions of NFPA 1403.

(4) Live Fire Master Trainer.

(a) Each certified fire training center shall appoint a Live Fire Master Trainer that is a certified LFTI II.

(b) A Live Fire Master Trainer may perform all duties a LFTI II is authorized to perform.

(c) A Live Fire Master Trainer is authorized to sign a Live Fire Training Instructor II Task Book upon the successful completion of each task.

(d) A Live Fire Master Trainer may train or monitor up to two (2) LFTI’s at one time for LFTI II certification provided they are present for all aspects of the training and monitoring process and equally share in the responsibility of instructing the course.

Rulemaking Authority 633.508(6), 633.128(1), (2)(a), 633.418(1) FS. Law Implemented 633.418(1), 633.508, 633.128(1) FS. History‒New 10-5-06, Amended _____________.

 

The following rule is hereby repealed.

 

69A-37.406 Certification Prerequisites for Live Fire Training Instructor Training.

 

Rulemaking Authority 633.418(1), 633.128(1), (2)(a), 633.508(6) FS. Law Implemented 633.128(1), 633.418(1), 633.508 FS. History‒New 10-5-06, Repealed ___________.

 

The following rule is hereby repealed.

 

69A-37.407 Live Fire Instructor Training.

 

Rulemaking Authority 633.508(6), 633.128(1), (2)(a), 633.418(1) FS. Law Implemented 633.418(1), 633.508, 633.128(1) FS. History‒New 10-5-0, Repealed __________.

 

The following rule is hereby repealed.

 

69A-37.408 Live Fire Training Instructor Certification and Renewal.

 

Rulemaking Authority 633.508(6), 633.128(1), (2)(a), 633.418(1) FS. Law Implemented 633.128(1), 633.414, 633.418(1), 633.508 FS. History‒New 10-5-06, Amended 2-15-15, Repealed __________ .

 

The following rule is hereby repealed.

 

69A-37.409 Instructor Certification Revocation.

 

Rulemaking Authority 633.418(1), 633.128(1), (2)(a), 633.508(6) FS. Law Implemented 633.128(1), 633.418(1), 633.508 FS. History‒New 10-5-06, Repealed __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Eugenia Tucker, Assistant Superintendent, Bureau of Fire Fighters' Standards & Training

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 12, 2022