4765-11-01 Definitions.

[Comment: For dates and availability of material incorporated by reference in this chapter and Chapters 4765-20 to 4765-23 of the Administrative Code, see paragraph (CC) of this rule.]

As used in this chapter and Chapters 4765-20 to 4765-23 of the Administrative Code:

(A) "Affiliation agreement" means a written agreement between a chartered program and any person that sets forth the roles and responsibilities of the parties, is signed by the individuals with authority to sign contracts, and provides for any of the following:

(1) The use of specified equipment necessary for fire service training or instructor training courses;

(2) The use of facilities not owned or leased by the chartered program.

(B) "Assistant fire instructor" means an individual who holds a certificate to assist in the instruction of firefighter training courses under the auspices of a fire instructor and through a chartered program, issued by the executive director pursuant to section 4765.55 of the Revised Code and rule 4765-21-09 of the Administrative Code.

(C) "Authorizing official" means any person who owns or maintains responsibility on behalf of an individual, corporation, trust, partnership, or an association for the facilities, equipment, instructors, managers, and other employees of the chartered program.

(D) "Certificate to teach" means a certificate permitting an individual to provide instruction as a fire instructor, fire safety inspector instructor, or assistant fire instructor, issued by the executive director pursuant to section 4765.55 of the Revised Code and Chapter 4765-21 of the Administrative Code.

(E) "Charter" or "fire charter" means a certificate issued to a training institution to offer firefighter, fire safety inspector or instructor courses, issued by the executive director pursuant to section 4765.55 of the Revised Code and this chapter.

(F) "Chartered program" means any organization or institution that has been issued a charter by the executive director, in accordance with section 4765.55 of the Revised Code and this chapter, to offer firefighter, fire safety inspector or instructor courses.

(G) "Committee" means the firefighter and fire safety inspector training committee of the state board of emergency medical, fire, and transportation services created in sections 4765.04 and 4765.55 of the Revised Code.

(H) "Distance learning" means a training course which is taught in real-time and is interactive between the student and the entity offering the course. Distance learning education takes place when an instructor and a student or students are separated by physical distance and utilizes technology often in concert with face-to-face communication to bridge the instructional gap.

(I) "Division" means the division of emergency medical services within the Ohio department of public safety.

(J) "Document of course completion" means the document provided by a chartered program that verifies a student has successfully completed a firefighter, fire safety inspector, fire instructor, or assistant fire instructor or fire safety inspector instructor course and passed all of the chartered program's written and practical examinations.

(K) "Executive director" means the individual appointed by the director of public safety, pursuant to section 4765.03 of the Revised Code, to serve as the chief executive officer of the state board of emergency medical, fire, and transportation services and as the executive director of the division of emergency medical services.

(L) "Fire instructor" means an individual who holds a certificate to teach firefighter training courses issued by the executive director pursuant to section 4765.55 of the Revised Code and Chapter 4765-21 of the Administrative Code.

(M) "Fire safety inspector" means an individual certified by the executive director pursuant to section 4765.55 of the Revised Code and Chapter 4765-20 of the Administrative Code to perform fire safety inspector duties as set forth in Chapter 3737. of the Revised Code.

(N) "Fire safety inspector instructor" means an individual who holds a certificate to teach fire safety inspector courses issued pursuant to section 4765.55 of the Revised Code and Chapter 4765-21 of the Administrative Code.

(O) "Firefighter" means an individual who holds a certificate as a volunteer firefighter, firefighter I, or firefighter II, issued by the executive director pursuant to section 4765.55 of the Revised Code and Chapter 4765-20 of the Administrative Code.

(P) "Good reputation" or "good standing" means:

(1) An individual is not the subject of an investigation or disciplinary action by any federal, state, or local government agency or has not been denied a license or certificate or had a license or certificate restricted, suspended, or revoked by any public agency or licensing agency; or

(2) An entity, organization, or institution that is in compliance with all federal, state, and local regulations as applicable to its operations, or is not currently under investigation by any agency of the federal, state, or local government, or has not been denied any necessary licenses or certificates, or had such licenses or certificates restricted, suspended, or revoked.

(Q) "Instructor" means an individual who holds a certificate to teach as a fire instructor, fire safety inspector instructor, or assistant fire instructor, issued by the executive director pursuant to section 4765.55 of the Revised Code and Chapter 4765-21 of the Administrative Code.

(R) "Instructional methods examination" means the examination developed by the division and approved by the executive director that covers teaching systems.

(S) "Knowledge examination" means the written portion of the initial and reinstatement examinations, as set forth in rule 4765-20-06 of the Administrative Code.

(T) "Lead instructor" means an individual who holds a certificate to teach as a fire instructor and is delegated by the program director to be in charge of a designated classroom or practical skill portion of a fire training course.

(U) "Local authorizing entity" means the organization or individual having legal authority over a chartered program.

(V) "Moral turpitude" means the act of baseness, vileness, or the depravity in private and social duties which one owes to society, contrary to accepted and customary rule of right and duty between human beings.

(W) "National Fire Protection Association" or "NFPA" is an international nonprofit organization which sets the nationally accepted standards for research, training, and education for all aspects of firefighting and the fire service.

(X) "Online education" means a training course delivered by correspondence, telecommunication, internet, web-based media, or combination of media, and may include a short period of on-campus attendance.

(Y) "Program director" means the authorizing official or that person designated by the authorizing official of a chartered program to oversee the administration and operation of a fire charter.

(Z) "Reinstatement" is the process by which a holder of a firefighter certificate, fire safety inspector certificate, instructor certificate, or a charter, issued by the executive director, may regain a certificate that has expired, was voluntarily surrendered, or has been revoked.

(AA) "Restrict" means to preclude a certificate holder from engaging in a particular conduct or activity, to impose conditions on the manner in which such conduct or activity may be performed, or to require the certificate holder to abide by specific conditions in order to continue functioning under the holder's certificate.

(BB) "Revocation" means the loss of a certificate issued under section 4765.55 of the Revised Code for at least one year from the date on which the executive director's order revoking the certificate was journalized.

(CC) Incorporated by reference. This chapter and Chapters 4765-20 to 4765-23 of the Administrative Code include material that has been incorporated by reference. If the material is subject to change, only the specific version listed in this rule is incorporated. Any revision to the referenced material is not incorporated unless and until this rule has been amended to specify the new date.

(1) "Courage to be Safe: Sixteen Life Safety Initiatives Course" (October, 2013) is a course approved by the executive director and is based on the "National Fallen Firefighters Foundation's" course "Everyone Goes Home Program." This course may be accessed by instructors via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(2) "Exemption Request for Continuing Education For Fire Certificates" or form "EMS 1103" (November, 2013) is made available to certificate holders who wish to request that the executive director waive part of or all of the continuing education or instructional requirements needed to renew. This form may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(3) "Fire and/or Fire Safety Inspector Instructor Reinstatement Application" or form "EMS 0109" (November, 2013) is made available to individuals wanting to regain a fire instructor or fire safety inspector instructor certificate that has expired and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(4) "Fire, Assistant Fire, and/or Fire Safety Inspector Instructor Initial Application" or form "EMS 0107" (November, 2013) is made available to applicants who want to apply for an assistant fire instructor certificate and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(5) "Fire, Assistant Fire, and/or Fire Safety Inspector Instructor Renewal Application" or form "EMS 1102 " (November, 2013) is made available to a holder of a certificate to teach who wishes to renew the certificate the teach and can be accessed via the division's online application database at https://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(6) "Fire Charter Application" or form "EMS 0029" (November, 2013) is made available to a training institution that wishes to apply for a fire charter issued by the executive director and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(7) "Fire Instructor Reciprocity Application" or form "EMS 0098" (November, 2013) is made available to an applicant who wishes to be issued a fire instructor certificate by the executive director, based on training received from another state or a branch of the United States military. This application may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(8) "Fire Safety Inspector Course Objectives" (September, 2013) sets forth the knowledge and skill objectives required to be taught in a fire safety inspector course, as approved by the executive director. These course objectives are made available to students, instructors, and program directors and may be accessed via the division website athttp://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(9) "Fire Safety Inspector Instructor Course Objectives" (September, 2013) sets forth the knowledge objectives required to be taught in a fire safety inspector instructor course, as approved by the executive director. These course objectives are made available to students, instructors, and program directors and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(10) "Fire Safety Inspector Training Module" (October, 2013) is eight hours of training specific to fire safety inspectors, as approved by the executive director and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(11) "Fire Service Training Module" (October, 2013) is four hours of training related to the fire service, as approved by the executive director and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(12) "Firefighter and/or Fire Safety Inspector Reinstatement Application" or form "EMS 0116" (November, 2013) is made available to an applicant seeking reinstatement of a firefighter certificate or fire safety inspector certificate and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(13) "Firefighter and/or Fire Safety Inspector Renewal Application" or form "EMS 1104" (November, 2013) is made available to a holder of a firefighter or fire safety inspector certificate who wishes to renew the certificate and can be accessed via the division's online application database at https://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(14) "Firefighter I Course Objectives" (September, 2013) sets forth the knowledge and skill objectives required to be taught in a firefighter I course, as approved by the executive director. These course objectives are made available to students, instructors, and program directors and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(15) "Firefighter II Course Objectives" (September, 2013) sets forth the knowledge and skill objectives required to be taught in a firefighter II course, as approved by the executive director. These course objectives are made available to students, instructors, and program directors and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(16) "Firefighter or Fire Safety Inspector Initial Application" or form "EMS 0053"(November, 2013) is the application for a firefighter or fire safety inspector certification, issued by the executive director that is made available to the program director and students. This application may be accessed via the division website at http://www.ems.ohio.gov/. The online version may be accessed at the division's online application database at https://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(17) "Firefighter Reciprocity Application" or form "EMS 0081" (November, 2013) is made available to an applicant who wishes to be issued a firefighter certificate by the executive director, based on training received from another state or a branch of the United States military made available to applicants seeking reciprocity and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(18) "Live Fire Training Awareness Course" (October, 2013) is a four hour course on live fire training based on NFPA 1403 and approved by the executive director. The course may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(19) "Live Fire Training Operations Course" or (October, 2013) is a twenty-four hour course on live fire training based on NFPA 1403 and approved by the executive director. This course is required for instructors or assistant instructors who provide instruction in live fire training. The course may be accessed via the division website athttp://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(20) "National Incident Management System Course IS-700" or "NIMS IS-700" is a training course mandated for firefighter and fire safety inspector certification by the department of homeland security pursuant to homeland security presidential directives five (HSPD-5, February 28, 2003) and eight (HSPD-8, December 17, 2003).

(a) For online courses, the website can be accessed at http://training.fema.gov/emiweb/IS/crslist.asp.

(b) For materials and information for instructor led, classroom-based courses, the website can be accessed athttp://www.fema.gov/emergency/nims/index.shtm.

(21) "National Incident Management System Course ICS-100" or "NIMS ICS-100" or the online equivalent is a training course mandated for firefighter and fire safety inspector certification by the department of homeland security pursuant to homeland security presidential directives five (HSPD-5, February 28, 2003) and eight (HSPD-8, December 17, 2003).

(a) For online courses the website can be accessed at http://training.fema.gov/emiweb/IS/crslist.asp.

(b) For materials and information for instructor led, classroom-based courses, the website can be accessed athttp://www.fema.gov/emergency/nims/index.shtm.

(22) "NFPA 472" establishes the minimum requirements in terms of professional core competencies required for hazardous materials awareness and operations levels for responders as set forth in the "NFPA 472, Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents (2013 edition)," which is available at http://www.nfpa.org/.

(23) "NFPA 1001" establishes the minimum requirements in terms of performance objectives related to professional competence required for service as a firefighter, as set forth for each level of responsibility, firefighter I and firefighter II, in the "NFPA 1001, Standard for Firefighter Professional Qualifications (2013 edition)," which is available at http://www.nfpa.org/.

(24) "NFPA 1002" establishes the minimum requirements in terms of performance objectives, of professional competence required for service as fire apparatus driver operator, as set forth for each level of responsibility in the "NFPA 1002, Standard on Fire Apparatus Driver Operator Professional Qualifications (2009 edition)," which is available at http://www.nfpa.org/.

(25) "NFPA 1031" establishes the minimum requirements in terms of performance objectives, of professional competence required for service as a fire safety inspector, as set forth for each level of responsibility in the "NFPA 1031, Standard for Professional Qualifications for Fire Inspector and Plan Examiner (2009 edition)," which is available at http://www.nfpa.org/

(26) "NFPA 1041" establishes the minimum requirements in terms of performance objectives, or professional competence required for service as a fire service instructor, as set forth for each level of responsibility in the "NFPA 1041, Standard for Fire Service Instructor Professional Qualifications (2012 edition)," which is available at http://www.nfpa.org/.

(27) "NFPA 1403" establishes the standard for participating in live fire training evolutions as set forth in the "NFPA 1403, Standard on Live Fire Training Evolutions (2012 edition)," which is available at http://www.nfpa.org/.

(28) "NFPA 1451" establishes the standard minimum requirements for a fire service vehicle operations training course as set forth in the "NFPA 1451, Standard for a Fire Service Vehicle Operations Training Program (2007 edition)," which is available at http://www.nfpa.org/.

(29) "Ohio Fire and EMS Instructor Curriculum" (November, 2013) sets forth the curriculum, as approved by the executive director, required to be completed in order to be issued a certificate to teach and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(30) "Practical Skills Evaluator Training Course" (November, 2013) is a training course, approved by the executive director, for instructors who wish to evaluate practical examinations for a chartered program and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(31) "Volunteer Firefighter Course Objectives" (June, 2010) sets forth the knowledge and skill objectives required to be taught in a volunteer firefighter course, as approved by the executive director. This course is made available to students, instructors, and program directors and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

(32) "Written Testing Agreement" or form "EMS 1105" (November, 2013) is an signed agreement between the chartered program and the executive director, which sets forth the security requirements for the administration and proctoring of the state examinations and may be accessed via the division website at http://www.ems.ohio.gov/ems_fire_srvcs.stm [File Link Not Available].

Replaces: 4765-11-01

Effective: 04/07/2014
R.C. 119.032 review dates: 01/16/2019
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 6/30/75, 5/1/79, 1/1/89, 1/1/96, 9/25/00, 5/29/03, 9/30/04 and 1/24/08