1. (a) An individual who is employed as the head of a fire department, on or after September 1, 1993, must be certified by the commission, as a minimum, as a basic structural fire protection personnel, basic aircraft rescue and fire protection personnel, marine fire protection personnel, basic fire inspector, or basic fire and arson investigator within one year from the date of appointment or within one year of September 1, 1993, whichever is later. In order to be certified the individual must:

   1. (1) complete one of the following requirements:

      1. (A) basic structural fire protection personnel as specified in §423.1 of this title (relating to Minimum Standards for Basic Structural Fire Protection Personnel); or
      2. (B) basic aircraft rescue and fire protection personnel as specified in §423.203 of this title (relating to Minimum Standards for Basic Aircraft Rescue and Fire Protection Personnel Certification); or
      3. (C) marine fire protection personnel as specified in §423.301 of this title (relating to Minimum Standards for Marine Fire Protection Personnel); or
      4. (D) basic fire protection instructor as specified in §425.1 of this title (relating to Minimum Standards for Basic Fire Service Instructor Certification); or
      5. (E) basic fire inspector as specified in §429.3 of this title (relating to Inspector Certification Level Based on Population); or
      6. (F) basic fire and arson investigator as specified in §431.3 of this title (relating to Minimum Standards for Basic Fire and Arson Investigator Certification); or
      7. (G) provide documentation in the form of a sworn affidavit of ten years experience as an active volunteer fire fighter in one or more volunteer fire departments that meet the requirements of subsection (b) of this section; and
   2. (2) successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification); and
   3. (3) comply with the continuing education requirement specified in Chapter 441 of this title (relating to Continuing Education) during the period of temporary appointment.

2. (b) The ten years of volunteer service must be with a volunteer fire department or departments that meet the following requirements during the relevant period:

   1. (1) an active membership of 20 or more members; and
   2. (2) a minimum of two drills (not meetings) each month, each lasting a minimum of two hours and each having been attended by a majority of all active members.
3. (c) For disciplines requiring emergency care attendant certification from the Texas Department of Health, the requirement may be satisfied by documentation of equivalent training or certification in another jurisdiction in lieu of current certification by the Texas Department of Health.

Source Note:The provisions of this §449.1 adopted to be effective March 23, 1994, 19 TexReg 1680.