HBA-CMT H.B. 2245 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2245 By: Ehrhardt Urban Affairs 4/9/2001 Introduced BACKGROUND AND PURPOSE In the aftermath of the February 15, 1999 fire at a church in Lake Worth, Texas in which three volunteer firefighters were killed, investigators found that certain standard safety training and special safety equipment might have prevented the deaths. House Bill 2245 establishes various safety requirements for training, procedures, and equipment that comply with the minimum safety standards set by the National Fire Protection Association. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2245 amends the Government Code to require a fire department to purchase, provide, and maintain a complete ensemble of appropriate protective clothing for each of its fire protection personnel who may be exposed to hazardous conditions from a fire or other emergencies. The bill requires the fire department to develop and maintain a standard operating procedure on the proper use, selection, care, and maintenance of the department's protective clothing (Sec. 419.040). The bill requires a fire department to furnish a self-contained breathing apparatus to all of its fire protection personnel who engage in operations in which the personnel may encounter unknown atmospheres or atmospheres immediately or potentially dangerous to a person's life or health. The bill requires the fire department to develop and maintain a standard operating procedure on the proper use, care, selection, and maintenance of all the fire department's breathing apparatus. The bill sets forth requirements for the testing of the breathing apparatus (Sec. 419.041). The bill requires a fire department to purchase, provide, and maintain a personal alert safety system for the fire protection personnel who may be exposed to hazardous conditions from fire or other emergencies. The bill requires a fire department to develop and maintain a standard operating procedure on the proper use, selection, care, and maintenance of the system (Sec. 419.042). The bill provides that the National Fire Protection Association standard that is applicable to protective clothing, self-contained breathing apparatus, or personal alert safety systems is the standard in effect when a fire-fighting agency contracts to purchase the item. A fire-fighting agency is authorized to continue use of an item that was in use or contracted for use before a change in a standard unless the Texas Commission on Fire Protection (commission) determines the continued use constitutes an undue risk to the wearer (Sec. 419.043). The bill requires a fire department to develop, maintain, and use an incident management system. The bill requires a fire department to require all fire protection personnel to be trained in and use the incident management system. The bill requires the system to be applied to all drills, exercises, and other situations involving hazards similar to those encountered at actual emergency incidents (Sec. 419.044). The bill requires a fire department to develop, maintain, and use a standard operating procedure for personnel accountability, and to require that all fire protection personnel be trained in and use the personnel accountability system. The procedure is required to provide for a rapid accounting procedure for all personnel at an emergency incident (Sec. 419.045). The bill requires a fire department to develop, maintain, and use a standard operating procedure for its fire protection personnel operating at emergency incidents and to require all fire department personnel to be trained in and use the standard operating procedure (Sec. 419.046). The bill authorizes the commission to adopt minimum standards consistent with the National Fire Protection Association standards for the enforcement of the provisions of the bill (Sec. 419.047). The procedures and equipment required in the bill are required to comply with the minimum standards established by the National Fire Protection Association. EFFECTIVE DATE September 1, 2001.