| (a) The administration of examinations for certification,
including performance skill evaluations, shall be conducted in compliance
with commission rules and; as applicable, with:
(1) International Fire Service Accreditation Congress
(IFSAC) regulations; or
(2) National Board on Fire Service Professional Qualifications
(Pro Board) regulations for examinations administered by the Texas
A&M Engineering Extension Service. Only Pro Board examinations
administered by the Texas A&M Engineering Extension Service will
be accepted by the commission for certification. In order for a Pro
Board document to be accepted for certification, it must:
(A) List the commission issued course approval number
for which the examination was conducted;
(B) Indicate that the examination was conducted in
English; and
(C) List any special accommodations provided to the
examinee. The commission may not issue a certificate for an examination
conducted under special accommodations other than those specified
in §439.13 of this title (relating to Special Accommodations
for Testing).
(b) It is incumbent upon commission staff, committee
members, training officers and field examiners to maintain the integrity
of the state certification examination process (or portion thereof)
for which they are responsible.
(c) The commission shall reserve the authority to conduct
an annual review of Pro Board examinations, procedures, test banks,
and facilities utilized by the Texas A&M Engineering Extension
Service. The commission may also conduct a review at any time for
cause and as deemed necessary to ensure the integrity of the certification
examination process.
(d) Exams will be based on the job performance requirements
and knowledge and skill components of the applicable NFPA standard
for that discipline, if a standard exists and has been adopted by
the commission. If a standard does not exist or has not been adopted
by the commission, the exam will be based on curricula as currently
adopted in the commission's Certification Curriculum Manual.
(e) Commission examinations that receive a passing
grade shall expire two years from the date of the examination.
(f) An examination for Basic Structure Fire Protection
shall consist of four sections: Fire Fighter I, Fire Fighter II, Hazardous
Materials Awareness Level, and Hazardous Materials Operations Level
including the Mission-Specific Competencies for Personal Protective
Equipment and Product Control. The examinee must pass each section
of the examination with a minimum score of 70% in order to qualify
for certification.
(g) An examination for Basic Fire Inspector shall consist
of two sections: Inspector I, and Inspector II. The examinee must
pass each section of the examination with a minimum score of 70% in
order to qualify for certification.
(h) An examination for Basic Structure Fire Protection
and Intermediate Wildland Fire Protection shall consist of five sections:
Fire Fighter I, Fire Fighter II, First Responder Awareness, First
Responder Operations, and Intermediate Wildland Fire Protection. The
examinee must pass each section of the examination with a minimum
score of 70% in order to qualify for certification.
(i) All other state examinations consist of only one
section.
(j) The individual who fails to pass a commission examination
for state certification will be given one additional opportunity to
pass the examination or section(s) thereof. This opportunity must
be exercised within 180 days after the date of the first failure.
An examinee who fails to pass the examination within the required
time may not sit for the same examination again until the examinee
has re-qualified by repeating the curriculum applicable to that examination.
(k) An individual may obtain a new certificate in a
discipline which was previously held by passing a commission proficiency
examination.
(l) If an individual who has never held certification
in a discipline defined in §421.5 of this title (relating to
Definitions), seeks certification in that discipline, the individual
shall complete all certification requirements.
(m) If an individual completes a commission approved
training program, or a program that has been evaluated and deemed
equivalent to a certification curriculum approved by the commission,
such as an out-of-state or military training program or a training
program administered by the State Firemen's and Fire Marshals' Association
of Texas, the individual may use only one of the following examination
processes for certification:
(1) pass a commission examination; or
(2) submit documentation of the successful completion
of the Pro Board examination process administered by the Texas A&M
Engineering Extension Service; and
(3) meet any other certification requirements in order
to become eligible for certification as fire protection personnel.
(4) An individual cannot use a combination of the two
examination processes in this subsection from a single commission
approved class for certification. An individual who chooses to submit
to the commission examination process may not utilize the other process
toward certification.
(n) An individual or entity may petition the commission
for a waiver of the examination required by this section if the person's
certificate expired because of the individual's or employing entity's
good faith clerical error or expired as a result of termination of
the person's employment where the person has been restored to employment
through a disciplinary procedure or a court action. All required renewal
fees including applicable late fees and all required continuing education
must be submitted before the waiver request may be considered.
(1) Applicants claiming good faith clerical error must
submit a sworn statement together with any supporting documentation
that evidences the applicant's good faith efforts to comply with commission
renewal requirements and that failure to comply was due to circumstances
beyond the control of the applicant.
(2) Applicants claiming restoration to employment as
a result of a disciplinary or court action must submit a certified
copy of the order, ruling or agreement restoring the applicant to
employment.
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| Source Note: The provisions of this §439.1 adopted to be effective March 27, 2006, 31 TexReg 2700; amended to be effective December 3, 2006, 31 TexReg 9619; amended to be effective August 10, 2009, 34 TexReg 5413; amended to be effective August 20, 2012, 37 TexReg 6315; amended to be effective August 5, 2013, 38 TexReg 4908; amended to be effective March 2, 2014, 39 TexReg 1170; amended to be effective January 1, 2017, 41 TexReg 5765; amended to be effective February 28, 2019, 44 TexReg 868 |
