tx-August142026-96: 37 TAC §429.201, §429.205 — Fire Inspector and Fire Plans [ Plan] Examiner

Proposed Rules Title 37 TITLE 37. PUBLIC SAFETY AND CORRECTIONS PART 13. TEXAS COMMISSION ON FIRE PROTECTION CHAPTER 429. FIRE INSPECTOR AND FIRE PLANS [PLAN] EXAMINER The Texas Commission on Fire Protection (Commission) proposes amendments to 37 Texas Administrative Code, Chapter 429, Fire Inspector and Plan Examiner, including a rename of the chapter to Fire Inspector and Fire Plans Examiner, concerning §§429.11, 429.201, and 429.205. Background and Purpose The purpose of the proposed amendments is to update terminology in Chapter 429 to align with changes made to the National Fire Protection Association (NFPA) standards resulting from NFPA's consolidation process. Specifically, the references to "Inspector I" and "Inspector II" are updated to reflect the consolidated "Fire Inspector" designation, and the term "Plan Examiner I" is updated to "Fire Plans Examiner" to align with the current NFPA standard nomenclature. These are title and naming changes only and do not alter the substantive requirements for certification. Fiscal Note and Impact on State and Local Government Michael Wisko, Agency Chief, has determined that for each year of the first five-year period these rules are in effect, there will be no fiscal impact on state or local government as a result of enforcing or administering these rules. Public Benefit and Cost Note Mr. Wisko has also determined that for each of the first five years these rules are in effect, the anticipated public benefit will be improved clarity and consistency in certification terminology aligned with current NFPA standards. There are no anticipated economic costs to individuals required to comply with the proposed rules. Local Economy Impact Statement There is no anticipated effect on local employment or the local economy for the first five years the rules are in effect; therefore, no local employment impact statement is required under Texas Government Code § 2001.022. Economic Impact on Small Businesses, Micro-Businesses, and Rural Communities The Commission has determined that there will be no effect on small or micro-businesses or rural communities as a result of implementing these rules; therefore, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code § 2006.002. Government Growth Impact Statement Under Texas Government Code § 2001.0221, the Commission has determined that during the first five years the rules are in effect: The rules will not create or eliminate a government program; The rules will not create or eliminate any existing employee positions; The rules will not require an increase or decrease in future legislative appropriations; The rules will not result in an increase or decrease in fees paid to the agency; The rules will not create a new regulation; The rules will not expand, limit, or repeal an existing regulation; The rules will not increase the number of individuals subject to the rule; and The rules are not anticipated to have an adverse effect on the state's economy. Takings Impact Assessment The Commission has determined that the proposed rules do not restrict or burden private real-property rights and therefore do not constitute a taking under Texas Government Code § 2007.043. Costs to Regulated Persons The proposed rules do not impose additional costs on regulated persons, including another state agency, a special district, or a local government, and therefore are not subject to Texas Government Code § 2001.0045. Environmental Impact Statement The Commission has determined that the proposed rules do not require an environmental impact analysis because the rules are not major environmental rules under Texas Government Code § 2001.0225. Request for Public Comment Comments on the proposed rules may be submitted in writing within 30 days of publication of this notice in the Texas Register to: Frank King, General Counsel Texas Commission on Fire Protection P.O. Box 2286, Austin, Texas 78768 Email: frank.king@tcfp.texas.gov SUBCHAPTER A. MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION 37 TAC §429.11 Statutory Authority The proposed amendments are authorized by Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its statutory responsibilities. Cross Reference to Statute: Texas Government Code, Chapter 419. §429.11. International Fire Service Accreditation Congress (IFSAC) Seal. [(a)] Individuals who pass the applicable sections of the state examination may be granted IFSAC seal(s) for Inspector I and Inspector II by making application to the commission for the IFSAC seal(s) and paying the associated fees, provided they meet the following provisions: (1) To receive the IFSAC Fire Inspector [Inspector I] seal, the individual must: (A) complete the Fire Inspector [Inspector I] section of a commission approved course; and (B) pass the Fire Inspector [Inspector I section of a] commission examination. [(2) To receive the IFSAC Inspector II seal, the individual must:] [(A) complete the Inspector II section of a commission approved course;] [(B) document possession of an IFSAC Inspector I seal; and] [(C) pass the Inspector II section of a commission examination.] (2) [(b)] In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination. The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt. Filed with the Office of the Secretary of State on July 29, 2026. TRD-202603223 Mike Wisko Agency Chief Texas Commission on Fire Protection Earliest possible date of adoption: September 13, 2026 For further information, please call: (512) 936-3812 SUBCHAPTER B. MINIMUM STANDARDS FOR PLAN EXAMINER 37 TAC §429.201, §429.205 Statutory Authority The proposed amendments are authorized by Texas Government Code §§419.008 and 419.032, which authorize the Commission to adopt rules for the administration of its statutory responsibilities. §429.201. Minimum Standards for Plan Examiner Personnel. Fire Plans Examiner [Plan examiner] duties are defined as the review of building or other structure plans for the purpose of determining compliance with adopted fire codes and standards. §429.205. International Fire Service Accreditation Congress (IFSAC) Seal. (a) Individuals who pass the state examination may be granted an IFSAC seal for Fire Plans Examiner [Plan Examiner I] by making application to the commission for the IFSAC seal and paying the associated fee. (b) In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination. The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt. Filed with the Office of the Secretary of State on July 29, 2026. TRD-202603224 Mike Wisko Agency Chief Texas Commission on Fire Protection Earliest possible date of adoption: September 13, 2026 For further information, please call: (512) 936-3812