1. (a) Fire protection personnel who are appointed fire investigation duties must be, as a minimum, certified as a structure fire protection personnel or fire investigator by the commission.
2. (b) Prior to being appointed to fire investigation duties, personnel who are not certified as structure fire protection personnel must complete a commission approved basic fire investigator training program and successfully pass the commission examination pertaining to that curriculum.
3. (c) Individuals holding a Fire Investigator certification shall be required to comply with the continuing education requirements in §441.15 of this title (relating to Continuing Education Requirements for Arson Investigator or Fire Investigator).
4. (d) Individuals certified under this subchapter shall limit their investigation to determining fire cause and origin. If evidence of a crime is discovered, custody and control of the investigation shall be immediately transferred to a certified arson investigator or licensed peace officer.
5. (e) Individuals who previously held arson investigator certification, who no longer hold a current commission as a peace officer, will qualify for certification as a fire investigator of similar level upon notice to the commission. To obtain a printed certificate the individual will be required to make application to the commission.

Source Note:The provisions of this §431.201 adopted to be effective November 1, 1998, 23 TexReg 10898; amended to be effective December 27, 2001, 26 TexReg 10619; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective May 21, 2006, 31 TexReg 3903.