HBA-CMT C.S.S.B. 382 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 382 By: Gallegos Urban Affairs 5/9/2001 Committee Report (Substituted) 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. C.S.S.B. 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 C.S.S.B. 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 (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 NFPA to all of its 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 an 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 sets forth 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 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. A fire-fighting 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. The bill requires a department to require all 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 minimum NFPA standards , and to require that all personnel be trained in and use the personnel accountability system. The procedure 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 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 association 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). The bill authorizes the commission on application by a department and after receiving the comments and advice of the firefighter advisory committee to extend the time allowed for fire protection personnel receiving a temporary or probationary appointment to successfully complete a basic course in fire protection from one year to a period not to exceed two years (Sec. 419.032). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 382 modifies the original bill by authorizing the Texas Commission on Fire Protection to extend up to two years the time allowed for fire protection personnel receiving a temporary or probationary appointment to successfully complete a basic course in fire protection (Sec. 419.032).