HBA-CMT C.S.S.B. 382 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 382 By: Gallegos Urban Affairs 5/5/2001 Engrossed 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. Senate Bill 382 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 Senate Bill 382 amends the Government Code to require a fire department (department) to purchase, provide, and maintain a complete ensemble of appropriate protective clothing that complies with the minimum standards of the National Fire Protection Association (NFPA) for each of its fire protection personnel who would be exposed to hazardous conditions from a fire or other emergencies or where the potential for such exposure exists. The bill requires the fire department to develop and maintain a standard operating procedure on the proper use, selection, care, and maintenance of all of the department's protective clothing (Sec. 419.040). The bill requires a department to furnish a self-contained breathing apparatus that complies with the minimum standards of the NFPA to all of its fire protection personnel who engage in operations in which the personnel might encounter atmospheres immediately dangerous to a person's life or health and where the potential for such exposure exists or the atmosphere is unknown. The bill requires the department to develop and maintain a standard operating procedure covering the proper use, care, selection, and maintenance of all the fire department's breathing apparatus. The bill modifies requirements for the inspection and testing of the breathing apparatus (Sec. 419.041). The bill requires a department to purchase, provide, and maintain a personal alert safety system that complies with minimum NFPA standards for each of its fire protection personnel who would be exposed to hazardous conditions from fire or other emergencies or where potential for such exposure exists. The bill requires a department to develop and maintain a standard operating procedure covering the proper use, selection, care, and maintenance of the system (Sec. 419.042). The bill provides that the NFPA 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. An agency is authorized to continue use of an item that was in use or contracted for 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 department to develop, maintain, and use an incident management system that complies with minimum NFPA standards. A fire department shall require all fire protection personnel to be trained in and use the incident management system. The bill requires the system to also 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 department to develop and maintain a standard operating procedure for personnel accountability that complies with the minimum NFPA standards, and to require that all fire protection personnel be trained in and use the personnel accountability system. The system is required to provide for a rapid accounting for all personnel at an emergency incident (Sec. 419.045). The bill requires a department to develop, maintain, and use a standard operating procedure for its fire protection personnel operating at emergency incidents and requires all department personnel to be trained in and use the standard operating procedure. The bill authorizes fire departments to use minimum NFPA standards as a guideline when developing standard operating procedures. The standard operating procedure for structure fires is required to comply with the Occupational Safety and Health Administration Final Rule procedures for interior structural fire fighting (Sec. 419.046). The bill requires the commission to enforce the provisions of the bill and authorizes the commission to adopt minimum standards consistent with the provisions of the bill and NFPA standards (Sec. 419.047). EFFECTIVE DATE September 1, 2001.