TEXAS COMMISSION ON FIRE PROTECTION PROPOSES ADOPTION OF NFPA PROTECTIVE CLOTHING STANDARD
The National Fire Protection Association (NFPA) promulgates standards for firefighter safety. Section 419.040 of the Texas Government Code requires fire departments to follow the NFPA minimum standards for protective clothing. In June 2007, the NFPA issued the 2008 edition of Standard 1851, which requires that protective clothing be retired after ten years. Compliance with this standard would require a city fire department to purchase expensive replacements for any protective clothing that is more than ten years old.
The Texas Commission on Fire Protection (Commission) has proposed an amendment to the Texas Administrative Code (37 T.A.C. Section 435.1) that would adopt Standard 1851, but would also allow a fire department to continue using protective clothing that is older than ten years if the clothing passes advanced inspection requirements. While this amendment could reduce the expense of complying with Standard 1851, it may require a department to pay for additional inspections and repairs of older protective clothing.
The proposed rule amendment appeared in the March 14, 2008, edition of the Texas Register, and is available at:
http://www.tcfp.state.tx.us/calendar/archive/2007/comm1007_notebook/comm1007_9B-1851.pdf
Comments on the proposed rule amendment may be submitted in writing within 90 days following the March 14 rule publication. Comments should be submitted to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286, or e-mailed to info@tcfp.state.tx.us. More information about the proposed rule amendment, Standard 1851, and the rulemaking process is available on the Commission's Web site at http://www.tcfp.state.tx.us/. Please contact the TML legal department at 512-231-7400 or legal@tml.org with questions.