New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XII - Office Of Fire Prevention And Control
Part 438 - New York State Fire Training Program-minimum Standards
Section 438.3 - Training standards
Universal Citation: 19 NY Comp Codes Rules and Regs ยง 438.3
Current through Register Vol. 46, No. 12, March 20, 2024
(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:
(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 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:
(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 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.
(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:
(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 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.
(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:
(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 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.
(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 |
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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