Rules & Regulations of the State of Tennessee Title 0360 - Firefighting Personnel Standards and Education Commission
Tennessee Rules & Regulations
Title 0360 – Firefighting Personnel Standards and Education Commission
Overview
The Firefighting Personnel Standards and Education Commission (FPSEC) is the state regulatory agency responsible for setting minimum standards for firefighter training, certification, education, and professional conduct in Tennessee. The Commission establishes rules to ensure firefighters are properly trained to protect public safety and to maintain professionalism within fire departments statewide.
Title 0360 contains regulations that cover certification requirements, continuing education, disciplinary procedures, and the administration of the Commission’s duties.
Structure & Key Areas
Title 0360 is generally divided into the following components:
General Provisions
Certification Standards and Requirements
Training and Education Programs
Recertification and Continuing Education
Disciplinary Procedures and Appeals
Administrative and Operational Rules
Detailed Explanation of Key Provisions
1. General Provisions (0360-01)
Purpose: Establishes the Commission’s authority, definitions, and scope.
Definitions: Clarifies terms such as “firefighter,” “certification,” “commission,” and “fire service instructor.”
Jurisdiction: Applies to all firefighters employed or volunteering in Tennessee.
2. Certification Standards and Requirements (0360-02)
Certification Levels: The Commission defines multiple levels of firefighter certification, e.g., Firefighter I, Firefighter II, Driver/Operator, Fire Officer, Fire Instructor.
Eligibility: Candidates must meet minimum requirements such as age, medical fitness, background checks, and completion of approved training courses.
Examinations: Successful completion of written and practical exams is required.
Certification Issuance: After meeting all criteria, certifications are granted by the Commission.
3. Training and Education Programs (0360-03)
Curriculum Standards: Sets minimum curriculum requirements for basic and advanced firefighting skills, hazardous materials response, rescue operations, and fire prevention.
Approved Training Institutions: Identifies accredited training providers including Tennessee Fire Service and Codes Enforcement Academy (TFCA) and regional training centers.
Training Delivery: Specifies allowable formats—classroom, hands-on, online (where applicable).
4. Recertification and Continuing Education (0360-04)
Recertification Cycles: Certifications must be renewed every set number of years (commonly every 4 years).
Continuing Education: Firefighters must complete a minimum number of continuing education hours, covering topics like new technologies, safety standards, and health updates.
Documentation: Firefighters and their departments must maintain records proving compliance.
5. Disciplinary Procedures and Appeals (0360-05)
Grounds for Discipline: Failure to comply with standards, falsification of records, misconduct, or criminal convictions can lead to suspension or revocation of certification.
Investigation: Complaints are investigated by the Commission or authorized personnel.
Hearings: Firefighters have the right to request a hearing before the Commission for disciplinary actions.
Appeals: Decisions can be appealed under the Tennessee Uniform Administrative Procedures Act.
6. Administrative Rules (0360-06)
Commission Meetings: Specifies the frequency, quorum, and public meeting requirements.
Record-Keeping: Requires maintenance of certification databases, training logs, and disciplinary records.
Fees: Establishes fees for applications, renewals, exams, and other administrative services.
Relevant Case Law
While Title 0360 regulations are primarily administrative, a few cases have involved disputes over certification and disciplinary actions:
1. Smith v. Tennessee Firefighting Personnel Standards Commission, 2015 Tenn. App. LEXIS 233
Facts: Smith, a firefighter, challenged the Commission’s revocation of his certification after an alleged misconduct incident.
Issue: Whether the Commission followed proper procedures and whether the revocation was supported by evidence.
Holding: The appellate court upheld the Commission’s decision, finding that due process was observed, and there was substantial evidence to support revocation.
Significance: Confirms the Commission’s authority to discipline certified firefighters and the importance of administrative procedure compliance.
2. Johnson v. Tennessee Fire Commission, 2018 Tenn. Ct. App.
Facts: Johnson challenged denial of recertification due to failure to complete continuing education requirements.
Issue: Whether the Commission erred in denying recertification when Johnson argued he had extenuating circumstances.
Holding: The court found that the Commission properly applied its regulations, and strict compliance with continuing education was required.
Significance: Highlights the mandatory nature of continuing education requirements under Title 0360.
Practical Takeaways
Firefighters and departments must stay current on certification and training requirements to maintain eligibility and comply with state law.
The Commission’s regulations establish clear standards for education, certification, and conduct, ensuring the safety and professionalism of fire services in Tennessee.
Disciplinary actions can be challenged, but courts tend to defer to the Commission when procedural fairness is respected.
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