Ohio Administrative Code
Title 1301:7 - Division of State Fire Marshal
Chapter 1301:7-9 - Underground Storage Tanks
Section 1301:7-9-15 - Delegation of authority to inspect UST systems
Universal Citation: OH Admin Code 1301:7-9-15
Current through all regulations passed and filed through September 16, 2024
(A) Purpose and scope.
(1) For the purpose of prescribing rules
pursuant to section
3737.88
of the Revised Code, the state fire marshal hereby adopts this rule to
establish procedures for delegating to certified fire safety inspectors, as
defined in division (D) of section
3737.01
of the Revised Code, the authority to issue delegated UST permits and inspect
UST systems for compliance with Chapter 1301:7-9 of the Administrative Code.
This rule is adopted by the state fire marshal in accordance with Chapter 119.
of the Revised Code and shall not be considered a part of the "Ohio Fire
Code."
(2) Any individual who has
been delegated by the state fire marshal to conduct UST inspections for
compliance with Chapter 1301:7-9 of the Administrative Code in accordance with
paragraph (F) of this rule is restricted to inspecting those activities
requiring a permit as listed in paragraph (C) of rule
1301:7-9-10
of the Administrative Code.
(B) Delegation of authority to local fire agencies to issue permits and perform UST inspections.
(1) Any local fire agency wishing to have the
state fire marshal delegate to its certified fire safety inspectors the
authority to conduct inspections and issue permits for underground storage tank
systems shall submit a written application to the state fire marshal. All
applications shall be on a form prescribed and furnished by the state fire
marshal and shall include, without limitation, all of the following:
(a) A list of certified fire safety
inspectors within the agency who have been issued a certificate to inspect UST
systems under paragraph (F) of this rule that will be assigned to conduct UST
system inspections;
(b) A copy of
the local ordinance or resolution which authorizes the agency to perform
inspections and issue written permits for those situations identified in
paragraph (C)(3) of this rule within the agency's jurisdictional
area;
(c) A map or description of
all political subdivisions depicting the agency's jurisdictional area;
and
(d) The name, address, and
telephone number of the agency's UST inspection coordinator as designated by
the chief of the agency.
(2) The state fire marshal shall review all
applications. If the state fire marshal determines that the local fire agency
has the necessary authority, the state fire marshal may delegate to the
agency's certified fire safety inspectors the authority to inspect and issue
UST permits for UST systems as limited by this rule.
(a) Local fire agencies which have been
delegated authority pursuant to this rule shall retain copies of all permits
issued pursuant to paragraph (B)(4) of this rule and all inspection reports
prepared within its jurisdictional area pursuant to paragraph (I) of this rule.
The local fire agency shall deliver a copy of all UST permits and all
inspection reports to the state fire marshal within thirty days of the final
inspection.
(b) If a local fire
agency which has been delegated authority pursuant to this rule determines that
any violation of this chapter exists, that a condition of an UST permit has
been violated, or that there has been any false statement or misrepresentation
of a material fact on the UST permit application or supporting documentation,
the local fire agency shall initiate UST permit revocation proceedings. To
initiate revocation proceedings, the local fire agency shall inform the state
fire marshal in writing of the proposed UST permit revocation and the reason
for the proposed revocation. Upon such notification, the state fire marshal may
revoke the UST permit in compliance with Chapter 119. of the Revised
Code.
(c) The state fire marshal
shall retain any and all authority to bring an action against the responsible
person for any violation of this chapter or section
3737.882
of the Revised Code.
(d) The state
fire marshal shall retain the authority to revoke any authority delegated
pursuant to this rule upon a determination by the state fire marshal that a
local fire agency's certified fire safety inspector authorized to perform UST
inspections pursuant to paragraph (F) of this rule failed to adequately inspect
UST systems within the local fire agency's jurisdiction, failed to keep
adequate records, failed to properly apply this chapter, or failed to comply
with any requirements of this rule.
(3) Local fire agencies which have been
delegated authority pursuant to this rule to conduct UST inspections for
compliance with Chapter 1301:7-9 of the Administrative Code are subject to all
of the following:
(a) The authority of a
certified fire safety inspector authorized to perform UST inspections pursuant
to paragraph (F) of this rule shall be limited to the duties identified in
paragraph (C) of this rule and to the following:
(i) Such inspectors may approve or deny an
extension of the twelve month out of service period within their jurisdictional
area in accordance with paragraphs (E)(4) and (E)(6) of rule
1301:7-9-12
of the Administrative Code. All approvals and denials shall be in writing and a
copy shall be delivered to the state fire marshal within thirty days of
issuance.
(ii) Such inspectors may
approve or deny the closure-in-place of an UST system within their
jurisdictional area in accordance with paragraph (F) of rule
1301:7-9-12
of the Administrative Code. All approvals and denials shall be in writing and a
copy shall be delivered to the state fire marshal within thirty days of
issuance.
(b) Certified
fire safety inspectors authorized to conduct UST system inspections pursuant to
paragraph (F) this rule shall comply with the operational and reporting
requirements set forth in paragraph (I) of this rule.
(c) UST inspections shall be performed by
certified fire safety inspectors within the agency as listed in paragraph
(B)(1)(a) of this rule. The local fire agency may allow other UST inspectors
certified pursuant to paragraph (F) of this rule to conduct inspections within
its jurisdictional area at its discretion and if not prohibited by local
ordinance.
(d) The state fire
marshal retains the authority to conduct inspections within the jurisdiction of
any local fire agency that has been delegated the authority to conduct
inspections under this rule.
(e)
Certified fire safety inspectors conducting UST system inspections pursuant to
paragraph (F) of this rule shall be limited in the inspections they are allowed
to conduct as set forth in paragraph (H) of this rule, except that certified
fire safety inspectors assigned to conduct UST inspections within the
jurisdictional area of the local fire agency may also conduct UST system
inspections of USTs owned by the political subdivision where the local fire
agency has jurisdiction.
(4) Local fire agencies which have been
delegated authority pursuant to this rule shall issue an UST permit in a form
prescribed and provided by the state fire marshal to those responsible persons
who have submitted a completed UST permit application. UST permits shall be
issued in accordance with paragraph (C) of rule
1301:7-9-10
of the Administrative Code.
(a) No local fire
agency shall issue any UST permit pursuant to this rule unless it has been
delegated the authority to do so in writing by the state fire
marshal.
(b) A local fire agency
which has been delegated authority pursuant to this rule shall issue permits
for UST systems only within its jurisdictional area.
(c) A local fire agency may determine a
reasonable fee for all UST permits and permit related inspections, if any,
within its jurisdiction.
(d) Any
permit issued by a local fire agency shall not be construed as authority to
violate any provision of this chapter.
(e) If a local fire agency which has been
delegated authority pursuant to this rule determines that an UST permit
application is incomplete, that there has been a false statement or
misrepresentation of a material fact on the UST permit application or
supporting documentation, or that the proposed activity is in violation of this
chapter, the local fire agency shall initiate permit application denial
proceedings. To initiate denial proceedings, the local fire agency shall inform
the state fire marshal in writing of the proposed denial and the reason for the
proposed denial. Upon such notification, the state fire marshal may deny the
UST permit application in compliance with Chapter 119. of the Revised
Code.
(C) Duties of certified UST inspectors conducting permit inspections.
(1) Any individual who has been certified by
the state fire marshal to conduct UST inspections in accordance with paragraph
(F) of this rule may inspect the activity for which a UST permit has been
issued.
(2) As part of an UST
permit inspection, under no circumstances shall a certified UST inspector enter
a confined space as defined in
29 CFR
1910.146, as amended at the time of the
effective date of this rule.
(3) A certified UST inspector shall be
physically on site for all of the following activities:
(a) In the case of an UST installation, the
pre-installation pressure test of the UST, the examination of the excavation
prior to the physical placing of the UST into the ground, the backfilling of
the UST, the in ground test of the piping and ancillary equipment prior to
backfilling, the final tightness test of the UST system and the test of the
release detection system prior to placing the UST system into
service;
(b) In the case of an UST
modification, immediately before purging operations begin, immediately before
the UST is cut open for entry, the final tightness test of the UST and the
final test of the UST leak detection system prior to placing the UST system
back into service;
(c) In the case
of a modification for piping, the actual purging, removal, and cleaning of the
piping or any of its components, the in-ground test of the piping prior to
backfilling the piping, the final tightness test of the modified portion of the
piping and the final test of the piping leak detection system, if applicable,
prior to placing the UST system back into service;
(d) In the case of a modification of other
UST components, the actual purging, removal, and cleaning of the piping or any
of its components, the inground test of the component prior to backfilling the
component, the final tightness test of the UST system and the final test of any
leak detection systems, if applicable, prior to placing the UST system back
into service;
(e) In the case of a
major repair of an UST, immediately before purging operations begin,
immediately before the tank is cut open for entry, the final tightness test of
the UST and the final test of the UST leak detection system prior to placing
the UST system back into service;
(f) In the case of a major repair of piping,
the actual purging, removal, and cleaning of the piping or any of its
components, the in-ground test of the piping prior to backfilling the piping,
the final tightness test of the piping and the final test of the piping leak
detection system, if applicable, prior to placing the UST system back into
service;
(g) In the case of a major
repair of other UST components, the actual purging, removal, and cleaning of
the piping or any of its components, the inground test of the component prior
to backfilling the component, the final tightness test of the component and the
final test of any leak detection systems, if applicable, prior to placing the
UST system back into service;
(h)
In the case of removal of an UST system or any of its components, immediately
before purging operations begin, immediately before the tank is cut open for
any purpose, the actual removal of the UST system or any of its components from
the ground and the final disposition of the UST before the UST leaves the
site;
(i) In the case of
closure-in-place of an UST system, immediately before purging operations begin,
immediately before the opening of the tank top, immediately during any removal
or closure-in-place of piping and ancillary equipment, and at the completion of
the actual filling of the tank with inert solid material before covering the
UST;
(j) In the case of the placing
of an UST system out of service for more than ninety days, immediately before
the UST, piping and ancillary equipment are secured; and
(k) In the case of the performance of a
change in service of an UST system, immediately before purging operations begin
and during any removal or closure-in-place of piping and ancillary equipment,
if applicable.
(4) Any
inspector certified to inspect UST systems under paragraph (F) of this rule who
observes activity that is in conflict with normal work or safety requirements
referenced by this chapter shall immediately notify the certified UST installer
of the activity. If the certified UST installer fails to correct the activity
in a timely manner, the certified UST inspector shall instruct the certified
UST installer to secure the UST system in a safe manner and to cease all UST
related work. The certified UST inspector shall immediately notify the state
fire marshal, and work shall not resume until approval is given by the state
fire marshal.
(D) New application and examination requirements for an UST inspector.
Any individual who wishes to apply to become certified as an UST inspector shall meet all of the following application requirements:
(1) The applicant shall submit a complete
application to the state fire marshal, on a form prescribed and furnished by
the state fire marshal, accompanied by a non-refundable examination fee of
twenty-five dollars. The state fire marshal shall also assess the applicant any
fee charged by the superintendent of the bureau of criminal identification and
investigation for the results of a background check to the applicant;
(2) The applicant shall be an individual and
shall be at least eighteen years of age;
(3) If the applicant is not a resident of
Ohio, the applicant shall provide an irrevocable consent to legal service from
Ohio on a form prescribed and furnished by the state fire marshal;
(4) The applicant shall demonstrate
compliance with one of the following:
(a) Has
obtained a certificate of completion from an UST installer training program
pursuant to paragraph (M)(3) or (M)(9) of rule
1301:7-9-11
of the Administrative Code; or
(b)
Is a certified UST installer;
(5) The applicant shall be a certified fire
safety inspector as that term is defined in division (D) of section
3737.01
of the Revised Code.
(6) The
applicant has not been convicted of a felony;
(7) The applicant shall not have had any
authorization to act as a certified UST inspector pursuant to this rule
previously revoked by the state fire marshal;
(8) The applicant shall complete an UST
inspector training program in accordance with paragraph (E) of this rule and
submit an application to become a certified UST inspector under paragraph
(D)(1) of this rule within one year of completing the UST inspector training
program; and
(9) The applicant
shall satisfactorily pass the UST inspector examination.
(a) The examination shall be a written
multiple-choice examination covering all aspects of the inspection of the
installation, replacement, repair, closurein-place, removal, modification,
placing out of service, and performing a change in service of underground
storage tank systems. The exam shall also cover knowledge of sections
3737.88
to
3737.882
of the Revised Code, this chapter of the Administrative Code, current
technological and industry recommended practices with respect to the proper
installation, replacement, repair, closure-in-place, removal, modification,
placing out of service, and performing a change in service of UST systems. An
applicant may request permission to take the examination in oral form for good
cause shown, as determined by the state fire marshal.
(b) To satisfactorily pass the examination,
the applicant shall obtain a minimum score of seventy-five per cent on the
exam. Any applicant who fails an examination may request re-examination upon
payment of a non-refundable twenty-five dollar fee. An application for
re-examination will remain pending for that purpose for a period of one year
after the date the application was submitted. If the applicant has not
requested reexamination within the one year period, the applicant must file a
new application for certification with the state fire marshal.
(c) The examination shall be offered by and
at the discretion of the state fire marshal at such places as the state fire
marshal determines. The state fire marshal shall announce the time and location
of an examination at least twenty days in advance of the exam and shall, at
least seven days in advance of the exam, provide notice of the exam to all
persons who have completed applications for certification since the date of the
previous examination.
(d) Only
persons who have filed applications and submitted fees in accordance with
paragraph (D)(1) or (G)(1)(a) of this rule are eligible to take the
examination.
(e) All examinations
will be graded and the applicants notified of the results within twenty days of
the date of the examination. Examinations will not be returned to the
applicant, but may be reviewed by the applicant at the office of the state fire
marshal or alternate locations as approved by the state fire marshal.
(E) UST inspector training and continuing education programs.
(1) The state fire marshal may conduct
certified UST inspector training and continuing education programs. Any such
program shall include appropriate instructional methods and written pre-test
and post-test examinations, as determined by the state fire marshal.
(2) Any individual who wishes to attend a
certified UST inspector training or continuing education program shall submit a
complete application to the state fire marshal, on a form prescribed by the
state fire marshal, accompanied by a non-refundable fee established by the
state fire marshal, prior to the first scheduled day of the training
program.
(3) Attendance shall be
required at all classroom sessions except for valid reasons. The faculty is
authorized to determine the validity of absences. Any absentee from any
scheduled classroom session shall make up such attendance as required by the
faculty.
(4) Upon conclusion of any
certified UST inspector training or continuing education program, the state
fire marshal shall issue a certificate of completion to all persons who
complied with all of the following requirements:
(a) Attended all of the program's sessions or
complied with paragraph (E)(3) of this rule;
(b) Submitted an application and fee to the
state fire marshal pursuant to paragraph (E)(2) of this rule; and
(c) Successfully completed the program's
pre-test and post-test examinations.
(F) Certification to inspect UST systems.
(1) The state fire marshal shall issue a
certification to inspect UST systems to each applicant who meets the
requirements of paragraph (D) of this rule. The certification to inspect shall
be valid for three years following the date of issuance by the state fire
marshal.
(2) Individuals possessing
valid certifications to inspect UST systems prior to March 1, 2005, may
continue to perform UST inspections in accordance with this rule provided that
the individual renews the certification to inspect in accordance with paragraph
(G) of this rule.
(3) Any certified
fire safety inspector that has been assigned on or before December 31, 1996, to
conduct UST system inspections by a local fire agency that has been delegated
authority pursuant to this rule and is on the list submitted to state fire
marshal pursuant to paragraph (B)(1)(a) of this rule may continue to conduct
UST system inspections within the jurisdictional area of the local fire agency.
(a) The state fire marshal shall issue a
certification to inspect UST systems to each fire safety inspector who meets
the requirements of this paragraph of this rule. The certifications to inspect
shall be valid for three years following the effective date of this rule and
shall limit the fire safety inspector to the jurisdictional area of the local
fire agency where assigned.
(b)
Each fire safety inspector who meets the requirements of this paragraph of this
rule shall comply with paragraph (G) of this rule for renewal of certification
to inspect UST systems.
(c) The
authority of a certified fire safety inspector to inspect UST systems in
accordance with this paragraph of this rule shall end upon separation of the
inspector from the local fire agency.
(G) Renewal of certification to inspect UST systems.
(1) Certifications to inspect UST
systems shall be renewed every three years following the date of issuance by
the state fire marshal. No less than ninety days prior to expiration of a
certification, the state fire marshal shall send a renewal application to the
certification holder at the latest address indicated on file. Any individual
certified to inspect UST systems pursuant to this rule who wishes to apply for
renewal of a certification to inspect shall meet all of the following renewal
requirements:
(a) Prior to the expiration date
of the certification to inspect, submit a certification to inspect renewal form
to the state fire marshal on a form prescribed by and available from the state
fire marshal accompanied by a non-refundable fee of twenty-five dollars;
and
(b) Demonstrate in a manner
prescribed by the state fire marshal attendance at all courses required under
paragraph (G)(2) of this rule.
(2) Upon a determination by the state fire
marshal that substantial changes have been made to sections
3737.87
to
3737.882
of the Revised Code, this chapter of the Administrative Code, or UST
technology, the state fire marshal may require applicants for renewal of
certifications to inspect UST systems to complete a continuing education course
as specified by the state fire marshal as a condition of renewal of
certification. The state fire marshal shall develop the continuing education
course pursuant to paragraph (E) of this rule and shall notify all certified
UST inspectors, in a timely fashion, of the continuing education requirement,
the location, dates and times when the course will be offered.
(3) The state fire marshal shall renew a
certification to inspect UST systems for each applicant who meets the
applicable requirements of paragraph (G)(1) of this rule. The renewal of a
certification to inspect shall be valid for three years following issuance by
the state fire marshal.
(4) The
state fire marshal may grant a variance from the timely submittal of renewal
applications if the applicant demonstrates good cause as determined by the
state fire marshal.
(5) After
expiration of a certification, any application for renewal will be considered
as a new application and the applicant shall be required to pass an examination
as defined in paragraph (D)(9) of this rule prior to certification.
(H) Limitations on authority to inspect.
(1) Any individual certified to
inspect UST systems pursuant to this rule shall not inspect the installation or
replacement of, making major repairs on site to, closure-in-place of, removal
of, modification of, change in service of or placing out of service more than
ninety days of UST systems where that certified inspector performed work on the
UST system being inspected, supervised the work on the UST system being
inspected, or is employed by or associated with the certified installer whose
work is being inspected.
(2) Any
individual certified to inspect UST systems pursuant to this rule shall not
inspect the installation or replacement of, making major repairs on site to,
closure-in-place of, removal of, modification of, change in service of or
placing out of service more than ninety days of UST systems for any owner or
operator where that certified inspector is employed by the owner or operator or
any of the owner's or operator's companies, partnerships, subsidiaries, related
companies, or the like.
(a) This prohibition
does not prevent a certified inspector from being employed by the owner or
operator to conductthe necessary inspections listed in paragraph (C)(3) of this
rule.
(b) This prohibition does not
prevent a certified inspector from being employed by the owner or operator to
assess UST systems for compliance with rules
1301:7-9-06
and
1301:7-9-07
of the Administrative Code. The state fire marshal shall retain any and all
authority to accept or reject an assessment by a certified inspector.
(3) Any individual certified to
inspect UST systems pursuant to this rule shall not inspect the installation or
replacement of, making major repairs on site to, closure-in-place of, removal
of, modification of, change in service of or placing out of service more than
ninety days of UST systems for any owner or operator where the certified
inspector is employed by the certified UST installer being inspected or any of
the certified UST installer's companies, partnerships, subsidiaries, related
companies, or the like.
(4) Any
individual certified to inspect UST systems pursuant to this rule shall not
inspect the installation or replacement of, making major repairs on site to,
closure-in-place of, removal of, modification of, change in service of or
placing out of service more than ninety days of UST systems where the certified
inspector is the owner or operator of the UST systems being inspected, is a
partner in the partnership that is the owner or operator of the UST systems
being inspected, or owns a substantial interest in any subsidiary of, related
company to, or corporation that is the owner or operator of the UST systems
being inspected. For purposes of this rule, "substantial interest" means the
ability to directly influence the day-to-day operations of the subsidiary,
related company, or corporation, including but not limited to the ability to
hire, evaluate and dismiss employees.
(5) Any individual certified to inspect UST
systems pursuant to this rule shall not inspect the installation or replacement
of, making major repairs on site to, closure-in-place of, removal of,
modification of, change in service of or placing out of service more than
ninety days of UST systems where the certified inspector is the certified UST
installer being inspected, is a partner in the partnership that is the
certified UST installer being inspected, or owns a substantial interest in a
subsidiary of, related company to, or corporation that is the certified UST
installer being inspected. For purposes of this rule, "substantial interest"
means the ability to directly influence the day-to-day operations of the
subsidiary, related company, or corporation, including but not limited to the
ability to hire, evaluate and dismiss employees.
(6) Any individual certified to inspect UST
systems pursuant to this rule shall not inspect the installation or replacement
of, making major repairs on site to, closure-in-place of, removal of,
modification of, change in service of or placing out of service more than
ninety days of UST systems where the certified inspector is employed by or
associated with a corporation, association, partnership, individual or any
other group or person providing any service related to the environmental
assessment or testing for the installation of, making major repairs on site to,
closure-in-place of, removal of, modification of, change in service of or
placing out of service more than ninety days of UST systems, including, without
limitation, the collection of any sample or preparation of any reports or other
documents required pursuant to rule
1301:7-9-12
of the Administrative Code.
(I) Operational and reporting requirements for certified UST inspectors.
(1) For each
visit to a location to conduct a permit inspection, the certified UST inspector
shall entirely and accurately complete an inspection report on a form
prescribed and provided by the state fire marshal, obtain the signature of the
certified installer engaged in the activity inspected, and sign the inspection
report prior to leaving the location.
(2) Within thirty days of an inspection, the
certified UST inspector shall cause the original of the completed inspection
report form required by paragraph (I)(1) of this rule to be delivered to the
state fire marshal. Those inspection report forms originating in areas where
authority has been delegated to the certified fire safety inspectors of the
local fire agency in accordance with paragraph (B) (2) of this rule shall be
submitted to the state fire marshal in accordance with paragraph (B)(2)(a) of
this rule.
(3) Prior to leaving the
permit inspection location, the certified UST inspector shall cause a copy of
the completed inspection report form required by paragraph (I) (1) of this rule
to be delivered to the owner or the owners' representative of the UST system
upon which the inspection was performed.
(4) A certified UST inspector shall inform
the state fire marshal of any change in the certified inspector's mailing
address within thirty days of the change of address becoming effective. Notice
of any change in a mailing address shall be in writing and directed to the
state fire marshal.
(5) A certified
UST inspector shall conduct all inspections pursuant to and consistent with the
inspection report form prescribed by the state fire marshal and in accordance
with all applicable requirements of this chapter.
(J) Grounds for denial to issue, refusal to renew, suspension, or revocation of a certificate to inspect UST systems.
(1) Any application for a certification to
inspect UST systems shall be denied by the state fire marshal in accordance
with Chapter 119. of the Revised Code when any of the following occur:
(a) The applicant failed to demonstrate
compliance with any requirement of paragraph (D) of this rule; or
(b) The applicant made a misrepresentation or
submitted false statements with the initial application.
(2) An application for renewal of a
certification to inspect UST systems shall be denied by the state fire marshal
pursuant to Chapter 119. of the Revised Code when any of the following occur:
(a) The applicant failed to demonstrate
compliance with paragraph (G) of this rule;
(b) The applicant made a misrepresentation or
submitted false statements with the renewal application;
(c) The applicant obtained initial
certification to inspect or any renewal of a certification to inspect through
fraud or misrepresentation; or
(d)
The applicant has been convicted of a felony.
(3) Any certification to inspect and any
renewal of a certification to inspect issued pursuant to this rule may be
suspended or revoked by the state fire marshal pursuant to Chapter 119. of the
Revised Code for any of the following reasons:
(a) The certified inspector obtained initial
certification to inspect or any renewal thereof through fraud or
misrepresentation;
(b) The
certified inspector was not present at the location during the performance of
any activities described in paragraph (C) of this rule;
(c) The certified inspector failed to
demonstrate compliance with any of the operation and reporting requirements in
paragraph (I) of this rule;
(d) The
certified inspector fails to attend any continuing education training required
by the state fire marshal pursuant to paragraph (G)(2) of this rule within the
time period prescribed by the state fire marshal;
(e) The certified inspector filed any false
document with the state fire marshal related to any inspection conducted
pursuant to certification to inspect granted pursuant to this rule;
(f) The certified inspector violated a
provision of this chapter;
(g) The
certified inspector has been convicted of a felony;
(h) The certified inspector has conducted any
inspection prohibited by paragraph (H) of this rule; or
(i) The certified inspector has conducted any
inspection or assessment pursuant to this rule in a manner that is less than
reasonable and prudent using guidelines and procedures established in training
required by paragraph (E)(1) of this rule.
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