655 IAC 2 — ARTICLE 2. GENERAL PROVISIONS

TITLE 655 BOARD OF FIREFIGHTING PERSONNEL STANDARDS AND EDUCATION

ARTICLE 2. GENERAL PROVISIONS

Rule 1

655 IAC 2-1-1 655 IAC 2-1-1 Applicability of definitions

Rule 1. Definitions

655 IAC 2-1-1 Applicability of definitions

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7

Sec. 1. The definitions in this rule apply throughout this title.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-1-1; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-1-2 655 IAC 2-1-2 "Certification" defined

655 IAC 2-1-2 "Certification" defined

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7

Sec. 2. "Certification" means a document approved by the education board verifying that an individual has successfully met the qualifications set by the education board for any training and education program approved by the education board.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-1-2; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR- 655240059FRA)

655 IAC 2-1-3 655 IAC 2-1-3 "Certification course" defined

655 IAC 2-1-3 "Certification course" defined

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7

Sec. 3. "Certification course" means a course of instruction in firefighting or related emergency services established under 655 IAC 4 for which an individual may receive a certification on successful completion.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-1-3; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-1-4 655 IAC 2-1-4 "Certification standard" defined

655 IAC 2-1-4 "Certification standard" defined

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7

Sec. 4. "Certification standard" means the standard adopted by the education board on which a certification course is based and may be issued.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-1-4; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-1-5 655 IAC 2-1-5 "Certified" defined

655 IAC 2-1-5 "Certified" defined

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7

Sec. 5. "Certified" means authorized by the education board through the issuance of a certification to perform or otherwise provide providing firefighting or related emergency services.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-1-5; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-1-6 655 IAC 2-1-6 "Department" defined

655 IAC 2-1-6 "Department" defined

Authority: IC 22-14-2-7

Affected: IC 10-19; IC 22-14-2-7

Sec. 6. "Department" refers to the department of homeland security established under IC 10-19.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-1-6; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR- 655240059FRA)

655 IAC 2-1-7 655 IAC 2-1-7 "Education board" defined

655 IAC 2-1-7 "Education board" defined

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7

Sec. 7. "Education board" refers to the board of firefighting personnel standards and education.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-1-7; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-1-8 655 IAC 2-1-8 "Education board rules" defined

655 IAC 2-1-8 "Education board rules" defined

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7

Sec. 8. "Education board rules" means the rules set forth in this title.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-1-8; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-1-9 655 IAC 2-1-9 "Executive director" defined

655 IAC 2-1-9 "Executive director" defined

Authority: IC 22-14-2-7

Affected: IC 10-19-3; IC 22-14-2-7

Sec. 9. "Executive director" refers to the executive director of the department of homeland security appointed under IC 10-19-3.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-1-9; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

Rule 2

655 IAC 2-2-1 655 IAC 2-2-1 Certification required for service

Rule 2. Certification Procedures

655 IAC 2-2-1 Certification required for service

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7; IC 36-8-10.5

Sec. 1. (a) An individual shall not perform or otherwise provide firefighting or related emergency services unless the individual is certified by the education board under 655 IAC 3-1.

(b) An individual shall not perform firefighting or related emergency services for which a certification may be obtained under 655 IAC 4-3 unless the individual is certified by the education board to provide those services.

(c) An individual less than eighteen (18) years of age may not be certified by the education board to provide firefighting or related emergency services.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-2-1; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-2-2 655 IAC 2-2-2 Application for certification

655 IAC 2-2-2 Application for certification

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7; IC 36-8-10.5

Sec. 2. (a) A certification shall not be issued without approval of a completed application for certification.

(b) An application for certification must be made in a form prescribed by the department and include the following information:

(1) The name and contact information of the applicant.

(2) Department affiliation, if the applicant is affiliated with a department.

(3) Public safety identification number of the applicant.

(4) Prerequisites met, if required for training.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-2-2; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR- 655240059FRA)

655 IAC 2-2-3 655 IAC 2-2-3 Approval of application for certification

655 IAC 2-2-3 Approval of application for certification

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7; IC 36-8-10.5

Sec. 3. (a) The education board, or the department on the education board's behalf, shall review each application for certification.

(b) Before a certification is issued, the department shall verify the applicant has completed the prerequisite training or certifications required under the education board rules.

(c) If an application is approved, a certification shall be issued to the successful applicant.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-2-3; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-2-4 655 IAC 2-2-4 Denial of application for certification

655 IAC 2-2-4 Denial of application for certification

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7; IC 36-8-10.5

Sec. 4. The education board, or the department on the education board's behalf, may deny an application for certification if informed that:

(1) an application provided to the education board was falsified; or

(2) an applicant has failed to:

(A) comply with the education board rules; or

(B) otherwise meet the qualifications for obtaining a certification.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-2-4; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR- 655240059FRA)

655 IAC 2-2-5 655 IAC 2-2-5 Sanctions

655 IAC 2-2-5 Sanctions

Authority: IC 22-14-2-7

Affected: IC 4-21.5-3; IC 4-21.5-4; IC 22-12-7; IC 22-14-2-7; IC 36-8-10.5- 7

Sec. 5. (a) If the education board receives the information described in section 4 of this rule after issuing a certification, or is informed that an individual has:

(1) failed to uphold or respect another individual's privacy, dignity, or safety;

(2) committed a breach of examination security or integrity;

(3) been convicted in a court of any crime; or

(4) failed to comply with the education board rules;

the education board may take any action under IC 4-21.5-3, IC 4-21.5-4, and IC 22-12-7, including suspension or revocation of the certification.

(b) The department or education board may initiate a review of an individual's certification status in the absence of external written requests or complaints for review.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-2-5; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-2-6 655 IAC 2-2-6 Reporting of a criminal conviction

655 IAC 2-2-6 Reporting of a criminal conviction

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7; IC 36-8-10.5

Sec. 6. (a) An individual certified by the education board must provide written notice to the department within ninety (90) days of a misdemeanor or felony criminal conviction, except traffic related misdemeanors other than operating a motor vehicle under the influence of a drug or alcohol.

(b) The notice required by subsection (a) must be submitted in a form approved by the department and include the following:

(1) The name of the individual certified by the education board.

(2) Contact information for the individual certified by the education board.

(3) A certified copy of the order or judgment of conviction.

(4) A letter of explanation from the individual certified by the education board.

(c) This section applies only to criminal convictions occurring on or after the date this rule is promulgated.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-2-6; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR- 655240059FRA)

Rule 3

655 IAC 2-3-1 655 IAC 2-3-1 Variance request; notice

Rule 3. Variances

655 IAC 2-3-1 Variance request; notice

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7.5

Sec. 1. (a) An individual may request a variance to a rule the education board has adopted.

(b) Variance requests must be filed with and determined by the department under IC 22-14-2-7.5.

(c) At the education board's first meeting following a variance determination by the department, the department shall notify the education board of its determination.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-3-1; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-3-2 655 IAC 2-3-2 Variance request; form and contents

655 IAC 2-3-2 Variance request; form and contents

Authority: IC 22-14-2-7

Affected: IC 22-14-2-7.5

Sec. 2. A request for a variance must be submitted in a form approved by the department and include the following information:

(1) The name and address of the individual requesting the variance.

(2) The citation to the rule of the education board from which the individual requests the variance.

(3) The basis for the request, including an analysis of the hardship imposed on the applicant if the variance request were denied, and whether there would be an adverse impact to the public health and safety if the variance request were granted.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-3-2; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR- 655240059FRA)

655 IAC 2-3-3 655 IAC 2-3-3 Petition for review; notice

655 IAC 2-3-3 Petition for review; notice

Authority: IC 22-14-2-7

Affected: IC 4-21.5-3; IC 22-14-2-7; IC 22-14-2-7.5

Sec. 3. (a) An individual aggrieved by a variance determination may petition for review of that determination under the applicable provisions of IC 4-21.5-3.

(b) Not later than the next regular meeting of the education board, the department shall notify the education board of any administrative review proceeding initiated following a variance determination by the department.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-3-3; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

Rule 4

655 IAC 2-4-1 655 IAC 2-4-1 Certification based on reciprocity

Rule 4. Reciprocity

655 IAC 2-4-1 Certification based on reciprocity

Authority: IC 22-14-2-7; IC 36-8-10.5-7

Affected: IC 22-14-2-7; IC 36-8-10.5

Sec. 1. An individual who meets the requirements of this rule shall qualify for a certification based on reciprocity.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-4-1; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR-655240059FRA)

655 IAC 2-4-2 655 IAC 2-4-2 Application for certification based on reciprocity

655 IAC 2-4-2 Application for certification based on reciprocity

Authority: IC 22-14-2-7; IC 36-8-10.5-7

Affected: IC 22-14-2-7; IC 36-8-10.5

Sec. 2. (a) An individual applying for a certification based on reciprocity must file an application on a form prescribed by the department.

(b) An application must be filed for each certification based on reciprocity.

(c) An application for a certification based on reciprocity must include the following:

(1) Identifying information about the applicant.

(2) Evidence the applicant has completed the same or substantially similar training and testing for the certification as that required by the education board, including:

(A) a certification at the same level by the International Fire Service Accreditation Congress, National Board on Fire Service Professional Qualifications, or United States Department of Homeland Security; or

(B) proof of successful completion of a certification program based on the same certification standards as the certification approved by the education board.

(3) A sworn statement by the applicant affirming the information provided is true and accurate.

(4) A nonrefundable processing fee of fifty dollars ($50) under IC 22-14-2-7(d).

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-4-2; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR- 655240059FRA)

655 IAC 2-4-3 655 IAC 2-4-3 Application for instructor certification based on reciprocity

655 IAC 2-4-3 Application for instructor certification based on reciprocity

Authority: IC 22-14-2-7; IC 36-8-10.5-7

Affected: IC 22-14-2-7; IC 36-8-10.5

Sec. 3. (a) In addition to the application requirements in section 2 of this rule, an individual applying for certification based on reciprocity for any of the following is required to pass a written examination on the education board rules with a minimum score of seventy percent (70%):

(1) Instructor I.

(2) Instructor II.

(3) Instructor III.

(Board of Firefighting Personnel Standards and Education; 655 IAC 2-4-3; filed Aug 1, 2024, 4:17 p.m.: 20240828-IR- 655240059FRA)