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Oregon Bulletin

September 1, 2011

 

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Add technical rescuer definition; Update contest case procedures; Decrease fees.

Adm. Order No.: DPSST 12-2011

Filed with Sec. of State: 8-1-2011

Certified to be Effective: 8-1-11

Notice Publication Date: 7-1-2011

Rules Amended: 259-009-0005, 259-020-0031, 259-060-0500

Rules Repealed: 259-020-0031, 259-060-0500

Subject: 259-009-0005: Define NFPA Dive Rescue and NFPA Surf Rescue.

      259-020-0031: Amend rule to reflect current contested case procedures as prescribed by the Administrative Procedures Act.

      259-060-0500: Decrease private security licensing and certification fees.

Rules Coordinator: Linsay Bassler—(503) 378-2431

259-009-0005

Definitions

(1) “Authority having jurisdiction” means the Department of Public Safety Standards and Training.

(2) “Agency Head” means the chief officer of a fire service agency directly responsible for the administration of that unit.

(3) “Board” means the Board on Public Safety Standards and Training.

(4) “Cargo Tank Specialty” means a person who provides technical support pertaining to cargo tank cars, provided oversight for product removal and movement of damaged cargo tanks, and acts as liaison between technicians and outside resources.

(5) “Chief Officer” means an individual of an emergency fire agency at a higher level of responsibility than a company officer. A chief officer supervises two or more fire companies in operations or manages and supervises a particular fire service agency program such as training, communications, logistics, prevention, emergency medical services provisions and other staff related duties.

(6) “Community College” means a public institution operated by a community college district for the purpose of providing courses of study limited to not more than two years full-time attendance and designed to meet the needs of a geographical area by providing educational services, including but not limited to vocational or technical education programs or lower division collegiate programs.

(7) “Company Officer” means a fire officer who supervises a company of fire fighters assigned to an emergency response apparatus.

(8) “Content Level Course” is a course that includes an identifiable block of learning objectives or outcomes that are required for certification at one or more levels.

(9) “Department” means the Department of Public Safety Standards and Training.

(10) “Director” means the Director of the Department of Public Safety Standards and Training.

(11) “Entry Level Fire Fighter” means an individual at the beginning of his/her fire service involvement. During the probationary period an entry level fire fighter is in a training and indoctrination period under constant supervision by a more senior member of a fire service agency.

(12) “Field Training Officer” means an individual who is authorized by a fire service agency of by the Department to sign as verifying completion of tasks required by task books.

(13) “Fire Company” means a group of fire fighters, usually 3 or more, who staff and provide the essential emergency duties of a particular emergency response apparatus.

(14) “Fire Fighter” is a term used to describe an individual who renders a variety of emergency response duties primarily to save lives and protect property. This applies to career and volunteer personnel.

(15) “Fire Ground Leader” means a Fire Service Professional who is qualified to lead emergency scene operations.”

(16) “Fire Inspector” means an individual whose primary function is the inspection of facilities in accordance with the specific jurisdictional fire codes and standards.

(17) “Fire Service Agency” means any unit of state or local government, a special purpose district or a private firm which provides, or has authority to provide, fire protection services.

(18) “Fire Service Professional” means a paid (career) or volunteer fire fighter, an officer or a member of a public or private fire protection agency who is engaged primarily in fire investigation, fire prevention, fire safety, fire control or fire suppression or providing emergency medical services, light and heavy rescue services, search and rescue services or hazardous materials incident response. “Fire service professional” does not include forest fire protection agency personnel.

(19) “Fire Training Officer” means a fire service member assigned the responsibility for administering, providing, and managing and/or supervising a fire service agency training program.

(20) “First Responder” means an “Operations Level Responder”

(21) “Hazardous Materials Safety Officer” means a person who works within an incident management system (IMS) (specifically, the hazardous materials branch/group) to ensure that recognized hazardous materials/WMD safe practices are followed at hazardous materials/weapons of mass destruction (WMD) incidents.

(22) “Hazardous Materials Technician” means a person who responds to hazardous materials/weapons of mass destruction (WMD) incidents using a risk-based response process by which they analyze a problem involving hazardous materials/weapons of mass destruction (WMD), select applicable decontamination procedures, and control a release using specialized protective and control equipment.

(23) “Incident Commander” (IC) means a person who is responsible for all incidents activities, including the development of strategies and tactics and the ordering and release of resources.

(24) “Intermodal Tank Specialty” means a person who provides technical support pertaining to intermodal tanks, provided oversight for product removal and movement of damaged intermodal tanks, and acts as a liaison between technicians and outside resources.

(25) “Marine Tank Vessel Specialty” means a person who provides technical support pertaining to marine tank vessels, provided oversight for product removal and movement of damaged marine tank vessels, and acts as a liaison between technicians and outside resources.

(26) “NFPA” stands for National Fire Protection Association which is a body of individuals representing a wide variety of professions, including fire protection, who develop consensus standards and codes for fire safety by design and fire protection agencies.

(27) “NFPA Aircraft Rescue and Fire-Fighting Apparatus” means a Fire Service Professional who has met the requirements of Fire Fighter II as specified in NFPA 1001, Fire Apparatus Driver/Operator as specified in NFPA 1002 Chapter 4, NFPA Airport Fire Fighter as specified in NFPA 1003 and the job performance requirements defined in NFPA 1002 Sections 9.1 and 9.2.

(28) “NFPA Airport Firefighter” means a member of a Fire Service Agency who has met job performance requirements of NFPA Standard 1003.

(29) “NFPA Apparatus Equipped with an Aerial Device” means a Fire Service Professional who has met the requirements of Fire Fighter I as specified in NFPA 1001, Fire Apparatus Driver/Operator as specified in NFPA 1002 Chapter 4 and the job performance requirements defined in NFPA 1002 Sections 6.1 and 6.2.

(30) “NFPA Apparatus Equipped with a Tiller” means a Fire Service Professional who has met the requirements of Fire Fighter I as specified in NFPA 1001, Fire Apparatus Driver/Operator as specified in NFPA 1002 Chapter 4, Apparatus Equipped with an Aerial Device as specified in NFPA 1002 Chapter 6 and the job performance requirements defined in NFPA 1002 Sections 7.2.

(31) “NFPA Apparatus Equipped with Fire Pump” means a Fire Service Professional who has met the requirements of Fire Fighter I as specified in NFPA 1001, Fire Apparatus Driver/Operator as specified in NFPA 1002 Chapter 4 and the job performance requirements defined in NFPA 1002 Sections 5.1 and 5.2.

(32) “NFPA Confined Space Rescue” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 7 sections 7.1 and 7.2.

(33) “NFPA Dive Rescue” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 11 sections 11.1 and 11.2, and Chapter 13 sections 13.1 and 13.2.

(34) “NFPA Fire Apparatus Driver/Operator” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1002, Chapter 4 sections 4.2 and 4.3.

(35) “NFPA Fire Fighter I” means a member of a fire service agency who has met the Level I job performance requirements of NFPA standard 1001. Sometimes referred to as a journeyman fire fighter.

(36) “NFPA Fire Fighter II” means a member of a fire service agency who met the more stringent Level II job performance requirements of NFPA Standard 1001. Sometimes referred to as a senior fire fighter.

(37) “NFPA Fire Inspector I” means an individual who conducts basic fire code inspections and has met the Level I job performance requirements of NFPA Standard 1031.

(38) “NFPA Fire Inspector II” means an individual who conducts complicated fire code inspections, reviews plans for code requirements, and recommends modifications to codes and standards. This individual has met the Level II job performance requirements of NFPA standard 1031.

(39) “NFPA Fire Inspector III” means an individual at the third and most advanced level of progression who has met the job performance requirements specified in this standard for Level III. The Fire Inspector III performs all types of fire inspections, plans review duties, and resolves complex code-related issues.

(40) “NFPA Fire Investigator” means an individual who conducts post fire investigations to determine the cause and the point of origin of fire. This individual has met the job performance requirements of NFPA Standard 1033.

(41) “NFPA Fire Officer I” means the fire officer, at the supervisory level, who has met the job performance requirements specified in NFPA 1021 Standard Fire Officer Professional Qualifications. (Company officer rank)

(42) “NFPA Fire Officer II” means the fire officer, at the supervisory/managerial level, who has met the job performance requirements in NFPA Standard 1021. (Station officer, battalion chief rank)

(43) “NFPA Fire Officer III” means the fire officer, at the managerial/administrative level, who has met the job performance requirements in NFPA Standard 1021. (District chief, assistant chief, division chief, deputy chief rank)

(44) “NFPA Fire Officer IV” means the fire officer, at the administrative level, who has met the job performance requirements in NFPA Standard 1021. (Fire Chief)

(45) “NFPA Instructor I” means a fire service instructor who has demonstrated the knowledge and ability to deliver instruction effectively from a prepared lesson plan, including instructional aids and evaluation instruments; adapt lesson plans to the unique requirements of the students and authority having jurisdiction; organize the learning environment so that learning is maximized; and meet the record-keeping requirements of authority having jurisdiction.

(46) “NFPA Instructor II” means a fire service instructor who, in addition to meeting Instructor I qualifications, has demonstrated the knowledge and ability to develop individual lesson plans for a specific topic including learning objectives, instructional aids, and evaluation instruments; schedule training sessions based on overall training plan of authority having jurisdiction; and supervise and coordinate the activities of other instructors.

(47) “NFPA Instructor III” means a fire service instructor who, in addition to meeting Instructor II qualifications, has demonstrated the knowledge and ability to develop comprehensive training curricula and programs for use by single or multiple organizations; conduct organization needs analysis; and develop training goals and implementation strategies.

(48) “NFPA Marine Land-Based Fire Fighter” means a member of a fire service agency who meets the job performance requirements of NFPA 1005.

(49) “NFPA Mobile Water Supply Apparatus” means a Fire Service Professional who has met the requirements of Fire Apparatus Driver/Operator as specified in NFPA 1002 Chapter 4 and the job performance requirements defined in NFPA 1002 Sections 10.1 and 10.2.

(50) “NFPA Rope Rescue — Level I” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 6 section 6.1.

(51) “NFPA Rope Rescue — Level II” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 6 section 6.2.

(52) “NFPA Surf Rescue” means a Fire Service Professional who had met the job performance requirements defined in NFPA 1006, Chapter 11 sections 11.1 and 11.2, and Chapter 15 sections 15.1 and 15.2.

(53) “NFPA Surface Water Rescue — Level I” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 11 section 11.1.

(54) “NFPA Surface Water Rescue — Level II” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 11 section 11.2.

(55) “NFPA Swiftwater Rescue” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 6 sections 6.1 and 6.2, Chapter 11 sections 11.1 and 11.2, and Chapter 12 sections 12.1 and 12.2.

(56) “NFPA Trench Rescue” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 8 sections 8.1 and 8.2.

(57) “NFPA Structural Collapse Rescue” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 9 sections 9.1 and 9.2.

(58) “NFPA Vehicle and Machinery Rescue” means a Fire Service Professional who has met the job performance requirements defined in NFPA 1006, Chapter 10 sections 10.1 and

(59) “NFPA Wildland Fire Apparatus” means a Fire Service Professional who has met the requirements of Fire Apparatus Driver/Operator as specified in NFPA 1002 Chapter 4 and the job performance requirements defined in NFPA 1002 Sections 8.1 and 8.2.

(60) “Operations Level Responder” means a person who responds to hazardous materials/weapons of mass destruction (WMD) incidents for the purpose of implementing or supporting actions to protect nearby persons, the environment, or property from the effects of the release.

(61) “Service Delivery” means to be able to adequately demonstrate, through job performance, the knowledge, skills, and ability of a certification level.

(62) “Staff” means those employees occupying full-time, part-time, and/or temporary positions with the Department.

(63) “Tank Car Specialty” means a person who provides technical support pertaining to tank cars, provided oversight for product removal and movement of damaged tank cars, and acts as a liaison between technicians and outside resources.

(64) “Task Performance” means to be able to demonstrate the ability to perform the tasks, of a certification level, in a controlled environment while being evaluated.

(65) “The Act” refers to the Public Safety Standards and Training Act (ORS 181.610 to 181.705).

(66) “Topical Level Course” is a course that does not include an identifiable block of learning objectives or outcomes that are required for certification at one or more levels.

(67) “Track” means a field of study required for certification.

(68) “Waiver” means to refrain from pressing or enforcing a rule.

(69) “Wildland Interface Crew Boss” means a person who is in supervisory position in charge of 16 to 21 fire fighters and is responsible for their performance, safety, and welfare.

(70) “Wildland Interface Division/Group Supervisor” means a person who is responsible to act in an ICS position responsible for commanding and managing resources on a particular geographic area of a wildland fire. Reports to a Branch Director or Operations Section Chief.

(71) “Wildland Interface Engine Boss” means a person who is in supervisory position who has demonstrated the skills and depth of knowledge necessary to function under general supervision while operating a piece of apparatus such as an engine.

(72) “Wildland Interface Fire Fighter” means a person at the first level of progression who demonstrated the knowledge and skills necessary to function safely as a member of a wildland fire suppression crew whose principal function is fire suppression. This position has direct supervision.

(73) “Wildland Interface Strike Team Leader Crew” means a person who is responsible to act in an ICS position and is responsible for the direct supervision of a crew strike team.

(74) “Wildland Interface Strike Team Leader Engine” means a person who is responsible to act in an ICS position and is responsible for the direct supervision of an engine strike team.

(75) “Wildland Interface Structural Group Supervisor” means a person who is responsible to act in an ICS position responsible for supervising equipment and personnel assigned to a group. Groups are composed of resources assembled to perform a special function not necessarily within a single geographic division. Groups, when activated, are located between branches and resources in the operations section. Reports to a Branch Director or Operations Section Chief.

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

Hist.: BPSST 22-2002, f. & cert. ef. 11-18-02; DPSST 8-2004, f. & cert. ef. 4-23-04; DPSST 2-2006, f. & cert. ef. 1-24-06; DPSST 9-2006, f. & cert. ef. 7-7-06; DPSST 2-2007, f. & cert. ef. 1-12-07; DPSST 10-2008, f. & cert. ef. 7-15-08; DPSST 7-2009, f. & cert. ef. 7-13-09; DPSST 12-2009, f. & cert. ef. 10-15-09; DPSST 16-2009(Temp), f. & cert. ef. 12-15-09 thru 6-11-10; DPSST 5-2010, f. 6-11-10, cert. ef. 6-14-10; DPSST 11-2010, f. & cert. ef. 11-12-10; DPSST 3-2011, f. 3-28-11, cert. ef. 5-1-11; DPSST 12-2011, f. & cert. ef. 8-1-11

259-020-0031

Procedure for Complaints, Denial, Suspension or Revocation

(1) The Department may deny, revoke, or suspend any polygraph examiner or trainee license after written notice and a hearing, if requested, based upon a violation of any provision of The Act.

(2) Citizen request: When a citizen submits a complaint on any polygraph examiner or trainee license to the Department, including the basis for the complaint and all factual information supporting the complaint, it will be the responsibility of the Polygraph Licensing Advisory Committee to review and investigate the complaints and make a recommendation to the Director on all allegations against the licensed polygraph examiner or trainee.

(a) The Director will review the complaint, the Committee recommendation, and the supporting factual information to determine if the complaint and recommendation meet statutory and administrative rule requirements.

(b) If the issues of the complaint do not meet the statutory and administrative rule requirements, the Department will so notify the citizen.

(c) If the complaint and the Committee recommendation meets statutory and administrative rule requirements, but are not supported by adequate factual information, the Department may request further information from the requesting citizen or Polygraph Licensing Advisory Committee.

(d) The Department may choose to conduct its own investigation of the matter separate from, or in conjunction with, that of the Polygraph Licensing Advisory Committee.

(3) Initiation of Proceedings: Upon determination that the reason for denial, suspension, or revocation is supported by factual data meeting the statutory and administrative rule requirements, a contested case notice will be prepared.

(4) Contested Case Notice: The “Contested Case Notice” will be prepared in accordance with the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015. The Department will have a copy of the Notice served on the person whose license is being affected.

(5) Response Time:

(a) If the Department is seeking denial, a party who has been served with the “Contested Case Notice of Intent to Deny Licensure” will have 60 calendar days from the date of the mailing or personal service of the notice in which to file a written request for a hearing with the Department.

(b) If the Department is seeking revocation, a party who has been served with the “Contested Case Notice of Intent to Revoke Licensure” will have 20 days from the date of the mailing or personal service of the notice in which to file a written request for a hearing with the Department.

(c) If the Department is seeking suspension, a party who has been served with the “Contested Case Notice of Intent to Suspend Licensure” will have 10 calendar days from the date of the mailing or personal service of the notice in which to file a written request for a hearing with the Department.

(6) Default Order: If a timely request for a hearing is not received, the Contested Case Notice will become a final order denying, revoking, or suspending licensure pursuant to OAR 137-003-0672.

(7) Stipulated Order Revoking Licensure: The Department may enter a stipulated order revoking the licensure of a polygraph examiner or trainee upon the person’s voluntary agreement to terminate an administrative proceeding to revoke licensure, or to relinquish licensure, under the terms and conditions outlined in the stipulated order.

Stat. Auth.: ORS 703.230

Stats. Implemented: ORS 703.230

Hist.: PS 3-1987, f. & ef. 10-26-87; PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 9-2001, f. & cert. ef. 9-19-01; BPSST 14-2002, f. & cert. ef. 7-1-02; DPSST 5-2011(Temp), f. & cert. ef. 6-13-11 thru 12-1-11; DPSST 12-2011, f. & cert. ef. 8-1-11

259-060-0500

License Fees

(1) Payments to the Department are non-refundable, and must be paid by business check, money order, cashier’s check or credit card. No personal checks or cash will be accepted.

(2) The Department will charge the following fees:

(a) The fee of $65 for the issuance of each two-year certification as a private security professional.

(b) Appropriate fees must be submitted with each application for a fingerprint criminal history check. These fees are to recover the costs of administering the fingerprint check through the Oregon State Police and Federal Bureau of Investigation. An additional fee will be charged for the third submittal of fingerprint cards when rejected for filing by FBI. Current fee schedules for processing fingerprints may be obtained from the Department.

(c) The fee of $75 for the issuance of a two-year license as a supervisory manager.

(d) The fee of $250 for the issuance of a two-year license as an executive manager.

(e) The fee of $90 for the issuance of a two-year certification as a private security instructor.

(f) The fee of $20 for the issuance of each upgrade, duplicate or replacement card issued.

(g) The late submission penalty fee of $25 may be added to the fees for recertification if the provider fails to complete certification by the expiration date of the license or certificate. If an applicant provides documented proof, such as payroll data, that he or she has not been employed to provide private security services since the prior certification or licensure expired, the late penalty may be waived by the Department’s designated staff.

(h) In the event a non-sufficient check is received for payment, an additional $25 administrative fee will be assessed.

Stat. Auth.: ORS 181.878

Stats. Implemented: ORS 181.878

Hist.: PS 1-1997(Temp), f. 2-21-97, cert. ef. 2-24-97; PS 9-1997, f. & cert. ef. 8-20-97; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 3-1999(Temp), f. & cert. ef. 3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST 3-2000, f. & cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef. 8-22-01 thru 2-18-02; BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru 2-18-02; BPSST 4-2002(Temp), f. & cert. ef. 2-25-02 thru 7-1-02; BPSST 13-2002, f. & cert. ef. 4-30-02; DPSST 12-2003, f. & cert. ef. 7-24-03; DPSST 3-2005(Temp), f. 4-25-05, cert. ef. 5-1-05 thru 10-28-05; DPSST 11-2005, f. & cert. ef. 10-14-05; DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST 6-2008, f. & cert. ef. 4-15-08; DPSST 6-02010(T), f. 6-14-10, cert. ef. 7-1-10 thru 12-27-10; DPSST 12-2010, f. & cert. ef. 11-12-10; DPSST 6-2011(Temp), f. 6-14-11, cert. ef. 7-1-1 thru 12-1-11; DPSST 12-2011, f. & cert. ef. 8-1-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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