69A-62.002: Uniform Minimum Firefighter Employment Standards; Adoption of National Fire Protection Association Standards
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
69A-62.007: Minimum Requirements for Class 9 Protection
69A-62.021: General Guidelines for Firefighter Employer Comprehensive Safety and Health Programs
PURPOSE AND EFFECT: To update NFPA standards adopted by reference, remove references to Firefighter I and Firefighter II, establish minimum safety standards for any person under the authority of the firefighter employer at the scene of a fire to participate in any operation involving two-in, two-out as one of the two or more persons inside the IDLH atmosphere or as one of the two or more persons outside of the IDLH atmosphere unless such person has completed the training set forth in Part I of paragraph 69A-37.055(2)(a), F.A.C., and providing an effective date.
SUMMARY: Section 633.808, Florida Statutes, authorizes the Department to prescribe by rule the safeguards, devices, and other means of protection for the prevention of accidents in every firefighter employee place of employment or at any fire scene, the prevention of occupational diseases. Section 633.820, Florida Statutes, states that the rules apply to volunteer firefighters and volunteer fire departments. In addition to adopting updated National Fire Protection Standards relating to health and safety, the rules set forth the minimum training requirements that must be met by those not certified as firefighters, but under the authority of the firefighter employer at the scene of a fire, to participate in any operation involving two-in, two-out as one of the two or more persons inside the IDLH atmosphere or as one of the two or more persons outside of the IDLH atmosphere. The rule provides an effective amendment date of January 1, 2009, to coincide with the effective date of proposed amendments to Chapter 69A-37, F.A.C., which set for the training requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 633.01(1), 633.45(1)(a), 633.804, 633.805, 633.808, 633.821 FS.
LAW IMPLEMENTED: 633.45(1)(a), 633.802, 633.804, 633.805, 633.807, 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: Friday, September 12, 2008, 11:00 a.m.
PLACE: Assembly Hall, Florida State Fire College, 11655 Northwest Gainesville Road, Ocala, Florida 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: MaryAnn Benson at (351)369-2815. 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: Dave Casey, Chief, Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Fighter Standards and Training, Florida State Fire Marshal, Tallahassee, Florida
THE FULL TEXT OF THE PROPOSED RULE IS:
69A-62.002 Uniform Minimum Firefighter Employment Standards; Adoption of National Fire Protection Association 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 firefighters and firefighter employers: The National Fire Protection Association, Inc., Standard 1500, Paragraph 7.15 5-8 (Personal Alert Safety System [PASS]), 2007 1997 edition. A PASS device shall be worn each time a Self-Contained Breathing Apparatus is required.
(2) No change.
(3) Proposed effective date January 1, 2009.
Specific Authority 633.01(1), 633.45(1)(a), 633.821 FS. Law Implemented 633.45(1)(a), 633.802, 633.821 FS. History–New 9-6-04, Amended 1-1-09.
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) through (2) No change.
(3) With respect to 29 C.F.R. Section 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.
(a)1. Except as provided in subparagraphs 2., 3., and 4., no firefighter or any other person under the authority of the firefighter employer at the scene of a fire is permitted to participate in any operation involving two-in, two-out as one of the two or more persons inside the 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 completed the training set forth in Part I of paragraph 69A-37.055(2)(a), F.A.C. of is certified in this state by the division as a Firefighter I or a Firefighter II, as established in subsections (1) and (2) of Rule 69A-37.055, F.A.C. Such training shall consist of the training described in subsection (6) of Rule 69A-37.055, 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 Firefighter I and Firefighter II 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. Florida Firefighter I course of study as provided in subsection 69A-37.055(6), F.A.C., prior to January 1, 2004, is exempt from the Firefighter I and Firefighter II 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, “Firefighter I Training Exemption Application,” effective________, amended_________, which is hereby adopted and incorporated by reference, and
(II) The said 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.
c. Any volunteer exempted by sub-subparagraph a. or b. is permitted to take the Florida Firefighter I examination until December 31, 2005, upon the completion and filing with the division of form DFS-K4-1380, “Firefighter I Training Record,” Rev. 03/00, adopted in Rule 69A-37.039, F.A.C., by a Florida certified instructor that verifies equivalent training and demonstration of competency.
d. If:
(I) The fire chief or other chief administrative officer of the fire department fails or refuses to file form DFS-K4-1380 with the division, or
(II) The division is unable to accept such form because the evidence provided cannot be confirmed, the volunteer firefighter is not permitted to take the Firefighter I examination without first having successfully completed the Firefighter I course.
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 Florida Firefighter I and Firefighter II requirement in subparagraph (3)(a)1.
4. Volunteer firefighters having NWCG S-130, S-190, and Standards for Survival certification by the Florida Division of Forestry are permitted to participate in wild land fire suppression without meeting the requirement of subparagraph (3)(a)1. the Firefighter I certification.
(b) No change.
(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 Rule 69A-37.055(2)(a), F.A.C. is a Florida certified Firefighter I as established in subsections (1) and (2) of Rule 69A-37.055, F.A.C. Such training shall consist of the training described in subsection (6) of Rule 69A-37.055, 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.
(b) No change.
(5) Proposed effective date January 1, 2009.
Specific Authority 633.01(1), 633.821 FS. Law Implemented 633.45(1)(a), 633.821 FS. History–New 11-21-01, Formerly 4A-62.003, Amended 9-6-04, 1-1-09.
69A-62.007 Minimum Requirements for Class 9 Protection.
(1) through (3) No change.
(4)(a) The chief of any fire department that includes volunteer firefighters shall maintain annually submit a current, complete Roster of Volunteer Firefighters to the State Fire Marshal utilizing form DFS-K4-1581, effective 05/04, which is hereby adopted and incorporated by reference, utilizing the online database found at www.floridastatefirecollege.org. form DFS-K4-1581, effective 05/04, which is hereby adopted and incorporated by reference, no later than June 30 of each year. Form DFS-K4-1581 may be obtained by contacting the Division of State Fire Marshal, Bureau of Fire Standards and Training, 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486 or at the division’s website located at http://www.fldfs.com/SFM/. The roster shall include:
1. The fire department name,
2. The fire department identification number (FDID),
3. The complete fire department address,
4. The fire department contact person, telephone number and the fire department fax number, if any,
5. The certification level for each firefighter reported and, if any equivalency exemption has been issued, the number of persons for whom such exemption has been issued, and
6. The firefighter certification number, the issue date of the certification, the status of the certification, i.e., volunteer or career, and the status of each firefighter who has been issued an equivalency exemption, i.e., volunteer or career, if any.
(b) Form DFS-K4-1581 The personnel roster need not be in any particular form; however, a personnel roster form containing the above information is available for the fire department’s convenience and may be submitted if the chief of the fire department chooses. shall be completed by the Fire Chief or the designee of the chief. Such convenience form may be obtained at the division’s website located at http://www.fldfs.com/SFM/ or by writing to the Division of State Fire Marshal, Bureau of Fire Standards and Training, at 11655 Northwest. Gainesville Road, Ocala, Florida 34482-1486.
(5) Proposed effective date January 1, 2009.
Specific Authority 633.01(1), 633.821 FS. Law Implemented 633.45(1)(a), 633.821 FS. History–New 9-6-04, Amended 1-1-09.
69A-62.021 General Guidelines for Firefighter Employer Comprehensive Safety and Health Programs.
(1) through (2) No change.
(3) (a) through (c) No change.
(d) Each Basic Life Support (BLS) and each Advanced Life Support (ALS) provider, as described in Rules 64E-2.002 and 64E-2.003, F.A.C., respectively, shall authorized emergency vehicle operator shall possess documentation that document that he or she each driver has completed at least a 16-hour course of instruction on driving an authorized emergency vehicle, as defined by Section 316.003(1), F.S., which includes, at a minimum, classroom and behind-the-wheel training in a vehicle of the same size, type and class as the emergency vehicle operator will be assigned to operate, as outlined below:
1. Classroom Training.
a. Legal aspects of authorized emergency vehicle operators.
b. Selecting routes and reporting emergency operation.
c. The practice of defensive driving.
d. Accident avoidance.
e. Principles of vehicle control.
f. Routine safety checks of vehicle.
2. Practical.
a. Braking and control braking.
b. Backing; road position, fender judgment and steering technique.
c. Slalom; steering technique and chassis set.
d. Steering technique during a skid; a skid pad is optional.
e. Turn-around-steering technique; fender judgment, road position, controlled braking, controlled acceleration, understeer, oversteer and chassis set.
A list of approved courses/providers is posted on the “Firefighter Safety and Health” webpage at http://www.myfloridacfo.com/sfm/bfst/SafetyHealth/SafetyForms.htm http://www.fldfs.com/sfm or may be obtained from the Safety Program Office of the Bureau of Fire Standards and Training by calling at (352)369-2800. Fire Department or Training Center requests for the approval of other courses must be directed to the same office.
(f) through (m) No change.
(4) through (7) No change.
(8) Proposed effective date January 1, 2009.
Specific Authority 633.804, 633.805, 633.808, 633.821 FS. Law Implemented 633.804, 633.805, 633.807, 633.808, 633.821 FS. History–New 9-6-04, Amended 6-6-07, 1-1-09.