N.Y. Comp. Codes R. & Regs. tit. 19 § 438.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 438.3 - Training standards

(a)Instructor qualifications.

(1) Fire protection specialists and State fire instructors shall meet the requirements of a Fire Instructor Level I as prescribed in section 426.4 of this Title, and:

(i) shall possess the physical ability and dexterity to perform the firefighter training tasks contained in the curriculum for State fire training courses which they are authorized to instruct;

(ii) shall meet the medical fitness requirements for wearing respiratory protection equipment prescribed in 29 CFR 1910.134. Documentation of fitness shall be on a form specified by the Office of Fire Prevention and Control, signed by a licensed physician stating that the individual can use specified respiratory protection equipment, and state the date of the exam and the date when a subsequent exam is required; and

(iii) shall maintain fitness to wear respiratory protection equipment in accordance with 29 CFR 1910.134 for the term of their employment.

(2) State fire instructors authorized to conduct regional fire training program courses may meet the requirements of special instructor pursuant to section 426.4(d) of this Title in lieu of meeting the requirements of a Fire Instructor Level I.

(3) State fire instructors may be granted an exemption from subparagraphs (1)(ii) and (iii) of this subdivision based on specific course delivery needs within an assigned county as determined and authorized by the State Fire Administrator.

(4) Municipal training officers shall meet the qualifications set forth in section 426.4 of this Title, and commensurate with their specific instructional duties:

(i) shall possess the physical ability and dexterity to perform the firefighter training tasks contained in the curriculum for State fire training courses which they are authorized to instruct; and

(ii) shall meet the medical fitness requirements for wearing respiratory protection equipment prescribed in 29 CFR 1910.134 if they are authorized to conduct State fire training courses which require the use of respiratory protection equipment. Documentation shall be submitted to the Office of Fire Prevention and Control upon request.

(5) Municipal fire instructors shall meet the qualifications set forth in section 426.4 of this Title, and commensurate with their specific instructional duties:

(ii) shall meet the medical fitness requirements for wearing respiratory protection equipment prescribed in 29 CFR 1910.134 if they conduct State fire training courses which require the use of respiratory protection equipment. Documentation shall be submitted to the Office of Fire Prevention and Control upon request.

(6) County fire instructors shall meet the requirements of a Fire Instructor Level I as prescribed in section 426.4 of this Title, and commensurate with their specific instructional duties:

(7) Fire brigade training officers shall meet the requirements of a Level II instructor as prescribed in section 426.4 of this Title, and commensurate with their specific instructional duties:

(8) Fire brigade training instructors shall meet the requirements of a Fire Instructor Level I prescribed in section 426.4 of this Title, and commensurate with their specific instructional duties:

(9) Instructors shall only instruct those courses for which they are authorized by the Office of Fire Prevention and Control.

(10) Authorization to instruct courses will be granted upon successful completion of a training program conducted by the Office of Fire Prevention and Control. Instructors must successfully pass all evaluations and tests pertaining to a specific course in order to receive authorization to instruct that course. The costs of attending such training by municipal training officers, municipal fire instructors, county fire instructors, fire brigade training officers, and fire brigade fire instructors are not the responsibility of the Office of Fire Prevention and Control.

(11) Commencing January 1, 2009, the authorization to instruct a specific State fire training course will be valid for a period of five years.

(12) Subject matter specialists shall possess specialized knowledge, skill or abilities; possess an advanced degree; professional license; or possess specialized technical expertise in the subject matter he or she will be instructing, as determined by the State Fire Administrator. Paragraphs (9), (10) and (11) of this subdivision do not apply to subject matter specialists.

(b)Student requirements.

(1) Students participating in State fire training courses must: be covered by Workers' Compensation Law, General Municipal Law, section 207-a, Volunteer Firefighters' Benefit Law, or Volunteer Ambulance Workers' Benefit Law; have authorization or be designated to attend the training from their employer; and provide such proof upon request of the instructor.

(2) Out-of-state students participating in State fire training courses must provide proof of workers compensation and authorization or designation from their employer to attend such training to the instructor at the commencement of the course.

(3) Students participating in State fire training courses involving the use of respiratory protection equipment shall submit a completed training authorization letter signed by a chief officer or agency head and by the student acknowledging compliance with 29 CFR 1910.134. The letter must be submitted to the instructor at registration for the first class session of any course requiring the use of respiratory protection. A training authorization letter must be submitted for each course attended. Firefighters subject to the requirements of Part 426 of this Title are exempt from submitting a training authorization letter when they attend courses conducted by their own fire department.

(4) A student who does not submit a completed training authorization letter shall not participate in any evolution or course session requiring the use of respiratory protection and shall not receive credit for that session.

(5) The following training courses require the use of respiratory protection equipment:

(i) firefighter I;

(ii) firefighter II;

(iii) firefighter survival;

(iv) firefighter assist and search (FAST);

(v) truck company operations;

(vi) SCBA confidence;

(vii) confined space rescue - technician level;

(viii) passenger train emergency rescue procedures;

(ix) Amtrak passenger train emergency response procedures;

(x) hazardous materials technician - basic;

(xi) advanced hazardous materials technician;

(xii) recruit firefighter training;

(xiii) flammable gas emergency response workshop;

(xiv) first receiver decontamination;

(xv) scene support operations;

(xvi) thermal imaging camera;

(xvii) live fire training;

(xviii) refresher training for the courses listed in subparagraphs (i) through (xvii) of this paragraph;

(xiv) instructor authorization training for the courses listed in subparagraphs (i) through (xvii) of this paragraph; and

(xx) any revised, new or future training courses requiring the use of respiratory protection in accordance with 29 CFR 1910.134 as determined by the Office of Fire Prevention and Control.

(6) Students age 16 and 17 years participating in any State fire training courses must meet all requirements for attendance and submit a completed training authorization letter signed by a parent or legal guardian indicating permission to participate in the training course. The letter shall be submitted to the instructor at registration for the first class. A training authorization letter must be submitted for each course attended.

(7) Students with facial hair that interferes with the face piece seal for respiratory protection shall not participate in any training function requiring respiratory protection.

(8) Students attending State fire training courses shall meet the course prerequisites established in the Office of Fire Prevention and Control's training catalog.

(c) Live fire training evolutions will be conducted in conformance with National Fire Protection Association Standard 1403, Standard on Live Fire Training Evolutions, 2007 Edition, and the Office of Fire Prevention and Control Live Fire Policy.

(1) Live fire evolutions shall only be conducted as permitted in the State fire training course curriculum.

(2) All instructors conducting live fire training evolutions shall have successfully completed the live fire training authorization course, live fire safety training course, and conducting live fire training evolutions course conducted by the Office of Fire Prevention and Control.

(3) Live fire evolutions are limited to a fuel load specified in the Office of Fire Prevention and Control Live Fire Policy.

(4) An adequate water supply to extinguish any and all fires and support a back up line shall be available. An adequate water supply is defined as follows:

(i) one attack line @ 120 gallon per minute (GPM), one backup line @ 120 GPM, one safety backup line @ 120 GPM for a total flow minimum of 360 GPM for 10 minutes equaling a minimum total water supply of 3,600 gallons from static sources, water tenders (tankers) or two hydrants with a water flow of at least 500 GPM;

(ii) the attack line shall have a different water source than the backup or safety lines. Acceptable examples of this are two engines drafting from the same static water source or two engines supplied from two different hydrants.

(5) Live fire training lessons shall have the minimum number of instructors required in the Office of Fire Prevention and Control's curriculum.

(6) Acquired structures shall not be used for live fire training evolutions in courses delivered by the Office of Fire Prevention and Control unless specifically authorized by the State Fire Administrator.

(7) Live fire training burn facilities shall meet the following:

(i) buildings shall be designed for such use: all components of the building used shall be in good structural condition, the building used shall be maintained, and the systems (parts: window shutters, walls, hand rails, etc.) shall not be compromised;

(ii) buildings must be able to be vented quickly in the event of an emergency, including proper procedures and personnel to carry out the emergency vent;

(iii) buildings shall have adequate emergency escape routes in the event of an emergency; and

(iv) vehicles shall not be used to simulate a building.

(8) State fire instructors, municipal training officers and instructors, county fire instructors and fire brigade fire training officers and instructors shall notify the Office of Fire Prevention and Control prior to all live fire training evolutions conducted as part of the State Fire Training Program. This notification shall be on a form prescribed by the Office of Fire Prevention and Control and shall be forwarded to the Office of Fire Prevention and Control at least 14 calendar days prior to the commencement of the live fire training.

(9) Fire protection specialists, State fire instructors, municipal training officers and instructors, county fire instructors and fire brigade fire training officers and instructors shall review and complete the live fire evolution checklist provided by the Office of Fire Prevention and Control prior to the start of each live fire evolution conducted as part of a State Fire Training Program. The completed checklist must be forwarded to the Office of Fire Prevention and Control within seven calendar days of the completion of the training.

(d) The following standards, manuals, statutes and regulations will be used, in part or in whole, to develop the training authorized by subdivision 6 of section 156 of the Executive Law. These materials are available for public inspection at the Department of State, Office of Fire Prevention and Control, 99 Washington Ave., Suite 500, Albany, NY 12231-0001.

19 NYCRR PART 426	Minimum Standards for Firefighting Personnel in the State of New York
19 NYCRR PART 427	Minimum Standards for Firefighting Personnel in the State of New York-Administrative Procedures
23 CFR 655.601	Traffic Control Devices on Federal-Aid and Other Streets and Highways, effective January 22, 2008
29 CFR 1910.120	Hazardous Materials, Hazardous Waste Operations and Emergency Response, effective April 3, 2006
29 CFR 1910.134	Personal Protective Equipment, Respiratory Protection, effective November 22, 2006
29 CFR 1910.146	General Environmental Controls, Permit-Required Confined Spaces, effective January 1, 2007
29 CFR 1910.156	Fire Protection, Fire Brigades, effective January 1, 2007
29 CFR 1910.1030	Toxic and Hazardous Substances, Bloodborne Pathogens, effective April 3, 2006
NEW YORK STATE VEHICLE & TRAFFIC LAW
NFPA 472	Standard for Professional Competence of Responders to Hazardous Materials Incidents, 2002 Edition
NFPA 600	Standard on Industrial Fire Brigades, 2005 Edition
NFPA 921	Fire and Explosion Investigations, 2004 Edition
NFPA 1001	Fire Fighter Professional Qualifications, 2002 Edition
NFPA 1002	Standard on Fire Apparatus Driver/Operator Professional Qualifications, 2003 Edition
NFPA 1003	Standard for Airport Fire Fighter Professional Qualifications, 2005 Edition
NFPA 1006	Standard for Rescue Technician Professional Qualifications, 2003 Edition
NFPA 1021	Standard for Fire Officer Professional Qualifications, 2003 Edition
NFPA 1033	Standard for Professional Qualifications for Fire Investigator, 2003 Edition
NFPA 1041	Standard for Fire Service Instructor Professional Qualifications, 2002 Edition
NFPA 1051	Standard for Wildland Fire Fighter Professional Qualifications, 2002 Edition
NFPA 1061	Standard for Professional Qualifications for Public Safety Telecommunicator, 2002 Edition
NFPA 1081	Standard for Industrial Fire Brigade Member Professional Qualifications, 2007 Edition
NFPA 1145	Guide for the Use of Class A Foams in Manual Structural Fire Fighting, 2006 Edition
NFPA 1403	Standard on Live Fire Training Evolutions, 2007 Edition
NFPA 1410	Standard on Training for Initial Emergency Scene Operations, 2005 Edition
NFPA 1451	Standard for a Fire Service Vehicle Operations Training Program, 2002 Edition
NFPA 1500	Standard on Fire Department Occupational Safety and Health Program, 2002 Edition
NFPA 1521	Standard for Fire Department Safety Officer, 2002 Edition
NFPA 1561	Standard on Emergency Services Incident Management System, 2005 Edition
NFPA 1670	Standard on Operations and Training for Technical Search and Rescue Incidents, 2004 Edition
NFPA 1710	Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, 2004 Edition
NFPA 1720	Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments, 2004 Edition
NFPA 1901	Standard for Automotive Fire Apparatus, 2003 Edition
NFPA 1906	Standard for Wildland Fire Apparatus, 2006 Edition
NFPA 1911	Standard for Maintenance, Testing and Retirement of In-Service Automotive Fire Apparatus, chapter 10, 2007 Edition
NFPA 1912	Standard for Fire Apparatus Refurbishing, 2006 Edition
NFPA 1915	Standard for Fire Apparatus Preventive Maintenance Program, 2000 Edition
NFPA 1936	Standard on Powered Rescue Tools, 2005 Edition
NFPA 1981	Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services, 2002 Edition
NFPA 1982	Standard on Personal Alert Safety Systems (PASS), 1998 Edition
NFPA 1983	Standard on Life Safety Rope and Equipment for Emergency Services, 2006 Edition
NFPA 1989	Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection, 2003 Edition
NFPA 1991	Standard on Vapor-Protective Ensembles for Hazardous Materials Emergencies, 2005 Edition
NFPA 1992	Standard on Liquid Splash-Protective Ensembles and Clothing for Hazardous Materials Emergencies, 2005 Edition
NFPA 1994	Standard on Protective Ensembles for Chemical/Biological Terrorism Incidents, 2001 Edition
NFPA 1971	Standard on Protective Ensemble for Structural Fire Fighting, 2000 Edition
NFPA 11	Low, Medium and High Expansion Foam, 2005 Edition
NFPA 1932	Standard on Use, Maintenance, and Service Testing of In-Service Fire Department Ground Ladders, 2004 Edition

N.Y. Comp. Codes R. & Regs. Tit. 19 § 438.3