(a) An individual who becomes employed and is appointed as the head of a prevention only fire department must be certified by the commission as Head of a Prevention Only Fire Department, within one year of appointment. The requirements in this subchapter also apply to an individual who is appointed on an interim basis to head of a prevention only fire department.

(b) Prior to being appointed as the head of a prevention only fire department, an individual must:

(1) hold a Texas Commission on Fire Protection certification as a fire inspector, fire investigator, or arson investigator. The individual must have five years of experience in a full-time fire prevention position or ten years in a part-time fire prevention position at the time of appointment, or attain the required years of experience within one year of the appointment; or

(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress that is deemed equivalent to the commission's approved basic arson investigator, fire investigator, or fire inspector curriculum and provide documentation in the form of a sworn non-self-serving affidavit of five years of experience in a full-time fire prevention position in a jurisdiction other than Texas; or

(3) provide documentation in the form of a sworn non-self-serving affidavit of ten years of experience as an employee of a local governmental entity in a full-time fire inspector, fire investigator, or arson investigator position in a jurisdiction other than Texas; or

(4) provide documentation in the form of a sworn non-self-serving affidavit of ten years of experience as a certified fire investigator, fire inspector, or arson investigator as a part-time fire prevention employee; or

(5) provide documentation in the form of a sworn non-self-serving affidavit of ten years of fire prevention experience as an active volunteer fire inspector, fire investigator, or arson investigator; or

(6) document a combined total of five years of experience using: (A) full-time experience while holding commission certification as a fire inspector, fire investigator, or arson investigator; and (B) provide documentation in the form of a sworn non-self-serving affidavit of experience as an employee of a local governmental entity in a full-time fire inspector, fire investigator, or arson investigator position in a jurisdiction other than Texas as referenced in paragraph (3) of this subsection, with two years of affidavit time counted as one year of experience for purposes of this qualification; or (C) provide documentation in the form of a sworn non-self-serving affidavit of experience as an active volunteer fire inspector, fire investigator, or arson investigator in one or more volunteer fire departments, with two years of affidavit time counted as one year of experience for purposes of this qualification; or

(7) document a combined total of five years of experience using: (A) full-time experience while holding commission certification as a fire inspector, fire investigator, or arson investigator; and (B) documentation of accreditation from the International Fire Service Accreditation Congress that is deemed equivalent to the commission's approved basic fire investigator or fire inspector curriculum while appointed to a full-time fire prevention position in a jurisdiction other than Texas. Documentation of experience will be in the form of a sworn non-self-serving affidavit; or

(8) document a combined total of five years of experience using: (A) documentation of accreditation from the International Fire Service Accreditation Congress that is deemed equivalent to the commission's approved basic fire investigator or fire inspector curriculum while appointed to a full-time fire prevention position in a jurisdiction other than Texas, with documentation of experience being in the form of a non-self-serving affidavit; and (B) provide documentation in the form of a sworn non-self-serving affidavit of experience as an employee of a local governmental entity in a full-time fire inspector, fire investigator, or arson investigator position in a jurisdiction other than Texas as referenced in paragraph (3) of this subsection, with two years of affidavit time counted as one year of experience for purposes of this qualification; or (C) provide documentation in the form of a sworn non-self-serving affidavit of experience as an active volunteer fire inspector, fire investigator, or arson investigator in one or more volunteer fire departments, with two years of affidavit time counted as one year of experience for purposes of this qualification; or

(9) document a combined total of ten years of experience using: (A) documentation in the form of a sworn non-self-serving affidavit of experience as an employee of a local governmental entity in a full-time fire inspector, fire investigator, or arson investigator position in a jurisdiction other than Texas as referenced in paragraph (3) of this subsection; and (B) documentation in the form of a sworn non-self-serving affidavit of experience as an active volunteer fire inspector, fire investigator, or arson investigator in one or more volunteer fire departments.

(c) Holding the Head of a Prevention Only Fire Department certification does not qualify an individual for any other certification. An individual who seeks certification in another discipline must meet the requirements for that discipline.

(d) Nothing contained in this chapter shall be construed to supersede Chapter 143, Local Government Code, regarding appointment as the head of a prevention only fire department.

(e) Individuals certified as the Head of a Prevention Only Fire Department must meet the continuing education requirement as provided for in Chapter 441 of this title (relating to Continuing Education).

Source Note: The provisions of this §449.201 adopted to be effective February 26, 2015, 40 TexReg 831; amended to be effective November 18, 2018, 43 TexReg 7557; amended to be effective May 20, 2019, 44 TexReg 2464