Chapter 4765-21 Fire Instructor Training Programs

4765-21-01 General provisions.

(A) No person shall provide instruction in firefighter, fire safety inspector, hazard recognition officer, or instructor certification courses without possessing the appropriate certificate issued by the executive director pursuant to section 4765.55 of the Revised Code and Chapters 4765-21 and 4765-24 of the Administrative Code.

(B) Certification courses shall be taught under the auspices of a chartered program.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55

4765-21-02 Notification to the executive director of change of personal information.

(A) The holder of an instructor certificate issued pursuant to section 4765.55 of the Revised Code and this chapter of the Administrative Code shall provide written notice to the executive director no later than thirty days following any changes in the certificate holder's:

(1) Full legal name;

(2) Home mailing address;

(3) Personal telephone number;

(4) Personal email address;

(5) Affiliations.

(B) A certificate holder notifying the executive director of a name change shall submit legal documentation verifying such a name change.

Replaces: Replaces part of former 4765-21-05

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 06/30/1975, 05/01/1979, 01/01/1989, 01/01/1996, 09/25/2000, 05/29/2003, 09/30/2004, 01/24/2008, 04/07/2014

4765-21-03 Qualifications for an instructor certificate.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) An applicant for a fire instructor certificate shall meet all the following requirements:

(1) In the preceding seven years, an applicant shall have been certified for at least five years as a firefighter;

(2) Shall possess a current and valid firefighter certificate that is in good standing;

(3) Shall pass the fire instructor knowledge examination as set forth in rule 4765-21-05 of the Administrative Code. The fire instructor knowledge examination shall be taken within one year prior to admission into a fire instructor course;

(4) Shall complete a fire instructor training course consisting of a minimum of sixty hours as set forth in paragraph (A) of rule 4765-24-15 of the Administrative Code;

(5) Shall pass the instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(6) Shall comply with the requirements for a firefighter certificate as set forth in paragraph (F) of rule 4765-20-02 of the Administrative Code;

(7) Shall submit a completed "Fire, Assistant Fire, or Fire Safety Inspector Instructor Initial Application" no later than two years after passing the fire instructor knowledge examination.

(B) An applicant for an assistant fire instructor certificate shall meet all the following requirements:

(1) In the preceding seven years, an applicant shall have been certified for at least five years as a firefighter; and

(2) Shall possess a current and valid firefighter certificate that is in good standing;

(3) Shall pass the fire instructor knowledge examination as set forth in rule 4765-21-05 of the Administrative Code. The fire instructor knowledge examination shall be completed within one year of completing requirements as set forth in paragraphs (B)(5) to (B)(7) of this rule.

(4) Shall comply with the requirements for a firefighter certificate as set forth in paragraph (F) of rule 4765-20-02 of the Administrative Code;

(5) Shall complete the four hour fire service training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(6) Shall complete the four hour live fire training awareness module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(7) Shall complete ten hours of supervised teaching:

(a) In the presence of a fire instructor trainer and under the auspices of a chartered program; and

(b) Including a minimum of six hours of classroom lecture and a maximum of four hours of practical skills instruction.

(8) Shall submit a completed "Fire, Assistant Fire, or Fire Safety Inspector Instructor Initial Application" no later than two years after passing the fire instructor knowledge examination.

(C) For those certified as a fire instructor or assistant fire instructor between April 7, 2014, through December 31, 2017, the holder of a fire instructor or assistant fire instructor certificate, who wishes to provide instruction in any live fire training evolutions required for certification as a firefighter, shall successfully complete the "Live Fire Training Operations Course" through a chartered program in order to be eligible for certification.

(1) The "Live Fire Training Operations Course" shall consist of a minimum of twenty- four hours as set forth in paragraph (H) of rule 4765-24-15 of the Administrative Code.

(2) Credit may be given for successful completion of a substantially similar live fire training operations course when approved by the executive director.

(3) Fire instructors and assistant fire instructors who wish to provide instruction in live fire training evolution shall submit a completed "Live Fire Instructor Initial Application" no later than September 1, 2020.

(D) Effective January 1, 2018, the holder of a fire instructor or assistant fire instructor certificate, who wishes to provide instruction in any live fire training evolutions required for certification as a firefighter, shall meet the following requirements:

(1) Applicants shall complete the "Live Fire Training Operations Course" through a chartered program except that credit may be given for successful completion of a substantially similar live fire training operations course when approved by the executive director;

(2) Applicants shall complete the "Live Fire Training Operations Job Performance Requirement Check-Off" under the auspices of a chartered program within twelve months of completion of the "Live Fire Training Operations Course";

(3) Applicants shall submit a completed "Live Fire Instructor Initial Application" within ninety days after completion of the "Live Fire Training Operations Job Performance Requirement Check-Off."

(E) Effective January 1, 2021, no person shall provide instruction in live fire training evolutions required for certification as a firefighter without possessing a live fire instructor certificate:

(1) The training shall be obtained as set forth in paragraph (C) or (D) of this rule;

(2) The holder of a certificate to teach may be eligible for certification as a live fire instructor through exemption as specified in paragraph (F) of this rule.

(F) A holder of a current and valid fire instructor or assistant fire instructor certificate on April 6, 2014, who wishes to provide instruction in any live fire training courses shall be exempt from the requirements set forth in paragraphs (C) and (D) of this rule provided:

(1) The fire instructor or assistant fire instructor certificate does not expire and become subject to the reinstatement process for a fire instructor or assistant fire instructor certificate; and

(2) The fire instructor or assistant fire instructor submits a "Live Fire Instructor Initial Application" no later than December 31, 2020.

(G) An applicant for a live fire instructor certificate shall meet all of the following requirements:

(1) Shall possess a current and valid fire instructor or assistant fire instructor certificate that is in good standing;

(2) Shall meet the appropriate live fire instructor requirements as set forth in paragraphs (C) to (F) of this rule;

(3) Shall submit a completed "Live Fire Instructor Initial Application."

(H) An applicant who fails to meet the time frames as set forth in paragraphs (C), (D), and (F) of this rule is not eligible to receive a live fire training certificate. The applicant shall complete a new course of instruction and meet all qualifications for a live fire instructor as provided in this rule.

(I) An applicant for a fire safety inspector instructor certificate shall meet all of the following requirements:

(1) In the preceding seven years, an applicant shall have been certified for at least five years as a fire safety inspector; and

(2) Shall possess a current and valid fire safety inspector certificate that is in good standing;

(3) Shall pass the fire safety instructor inspector knowledge examination as set forth in rule 4765-21-05 of the Administrative Code. The fire instructor knowledge examination shall be taken within one year prior to admission into a fire safety inspector instructor course;

(4) Shall complete a fire safety inspector instructor training course consisting of a minimum of sixty hours as set forth in paragraph (A) of rule 4765-24-16 of the Administrative Code;

(5) Shall pass the instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(6) Shall comply with the requirements for a fire safety inspector certificate as set forth in paragraph (D) of rule 4765-20-03 of the Administrative Code.

(7) Shall submit a completed "Fire, Assistant Fire, or Fire Safety Inspector Instructor Initial Application" no later than two years after passing the fire safety inspector instructor knowledge examination.

(J) If an applicant does not complete all requirements for a fire instructor or fire safety inspector instructor certificate within two years of passing the fire safety inspector instructor knowledge examination, the applicant shall complete all requirements of this chapter to be eligible for certification.

(K) An individual holding an instructor certificate shall immediately relinquish such certificate under the following circumstances:

(1) A fire instructor or assistant fire instructor shall relinquish their instructor certificate if their firefighter certificate is revoked or surrendered;

(2) A fire safety inspector instructor shall relinquish their instructor certificate if their fire safety inspector certificate is revoked or surrendered.

(3) A live fire instructor shall relinquish their live fire instructor certificate if their fire instructor or assistant fire instructor certificate is revoked or surrendered.

(L) A fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor training certificate issued pursuant to this rule shall be issued in accordance with the certification cycles and pro-rated renewal requirements set forth in rule 4765-21-15 of the Administrative Code.

Replaces: Replaces part of 4765-21-02

Effective: 1/1/2018
Five Year Review (FYR) Dates: 9/21/2017 and 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 06/30/1975, 05/01/1979, 01/01/1989, 01/01/1996, 05/29/2003, 01/24/2008, 04/07/2014

4765-21-04 Application for a fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate to teach.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) An applicant for a fire instructor, assistant fire instructor, or fire safety inspector instructor certificate shall submit a completed "Fire, Assistant Fire, or Fire Safety Inspector Instructor Initial Application."

(B) An applicant for renewal of a fire instructor, assistant fire instructor, or fire safety inspector instructor certificate shall submit a completed "Fire, Assistant Fire, Fire Safety Inspector, or Live Fire Instructor Renewal Application."

(C) An applicant requesting reinstatement of a fire instructor, assistant fire instructor, or fire safety inspector instructor certificate shall submit a completed "Fire, Fire Safety Inspector, and / or Live Fire Instructor Reinstatement Application."

(D) An applicant for a live fire instructor certificate shall submit a completed "Live Fire Instructor Initial Application."

(E) An application that is not filled out in the manner specified may be deemed incomplete by the executive director. Incomplete applications will not be considered by the executive director.

(F) An applicant who has been convicted of any criminal offense other than a minor traffic offense, shall at the applicant's expense, submit at the time of application a certified copy of the judgment entry from the court in which the conviction occurred, a civilian background check from the bureau of criminal identification and investigation (BCI&I), and a certified copy of the police report or law enforcement agency report, if applicable. Subject to the discretion of the executive director, failure to submit this documentation may render the application incomplete.

(G) Armed forces applications are processed as follows:

(1) The division shall track and monitor each application for a certificate that has been received from an applicant who is a:

(a) Veteran;

(b) Member of the armed forces;

(c) Spouse of a veteran or member of the armed forces; or

(d) Surviving spouse of a veteran or member of the armed forces.

(2) The division shall prioritize and expedite each completed initial application and renewal application received from an applicant who is a:

(a) Veteran;

(b) Member of the armed forces;

(c) Spouse of a veteran or member of the armed forces; or

(d) Surviving spouse of a veteran or member of the armed forces.

(3) In order to expedite the processing of completed applications and renewals, especially for individuals facing imminent deployment, the division shall accept necessary information in support of the application by electronic and other appropriate means.

Replaces: Replaces part of former 4765-20-04

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 06/30/1975, 05/01/1979, 01/01/1989, 01/01/1996, 09/25/2000, 05/29/2003, 09/30/2004, 01/24/2008, 04/07/2014

4765-21-05 Fire instructor examinations.

(A) The initial examinations required for a fire instructor certificate shall consist of a knowledge examination and instructional methods examination as approved by the executive director, with the advice and counsel of the committee.

(1) The knowledge examination for fire instructor shall meet the following:

(a) The knowledge examination shall be taken within one year prior to admission into a fire instructor course;

(b) The knowledge examination shall be taken at the firefighter II level;

(c) A passing score of at least eighty percent on the knowledge examination is required for admission into a fire instructor course;

(d) If an applicant is unable to pass the knowledge examination within three attempts, the applicant shall wait for a time period of six months and complete a new firefighter I and II training course as set forth in rule 4765-24-13 of the Administrative Code before attempting the examination again.

(2) The instructional methods examination shall meet the following:

(a) A passing score of at least seventy percent on the instructional methods examination is required for certification;

(b) The instructional methods examination required for certification shall be passed within three attempts;

(c) If an applicant is unable to pass the instructional methods examination within three attempts, the applicant shall complete a new fire instructor training course as set forth in rule 4765-24-15 of the Administrative Code and meet all criteria for a fire instructor as set forth in rule 4765-21-03 of the Administrative Code.

(B) The reinstatement examination required for a fire instructor certificate shall consist of the instructional methods examination as approved by the executive director, with the advice and counsel of the committee.

(1) A passing score of at least seventy percent on the instructional methods examination is required for reinstatement.

(2) The instructional methods examination required for certification shall be passed within three attempts.

(3) If an applicant is unable to pass the examination within three attempts, the applicant shall complete a new fire instructor training course as set forth in rule 4765-24-15 of the Administrative Code and meet all criteria for a fire instructor as set forth in rule 4765-21-03 of the Administrative Code.

(C) The initial examinations required for a fire safety inspector instructor certificate shall consist of a knowledge examination and instructional methods examination as approved by the executive director, with the advice and counsel of the committee.

(1) The knowledge examination for fire safety inspector instructor shall meet the following:

(a) The knowledge examination shall be taken within one year prior to admission into a fire safety inspector instructor course;

(b) The knowledge examination shall be taken at the fire safety inspector level;

(c) A passing score of at least eighty percent on the knowledge examination is required for admission into a fire safety inspector instructor course;

(d) If an applicant is unable to pass the knowledge examination within three attempts, the applicant shall wait for a time period of six months and complete a new fire safety inspector training course as set forth in rule 4765-24-14 of the Administrative Code before attempting the examination again.

(2) The instructional methods examination shall meet the following:

(a) A passing score of at least seventy percent on the instructional methods examination is required for certification;

(b) The instructional methods examination required for certification shall be passed within three attempts;

(c) If an applicant is unable to pass the examination within three attempts, the applicant shall complete a new fire instructor training course and meet all criteria for a fire instructor as set forth in rule 4765-21-03 of the Administrative Code.

(D) The reinstatement examination required for a fire safety inspector instructor certificate shall consist of an instructional methods examination as approved by the executive director, with the advice and counsel of the committee.

(1) A passing score of at least seventy percent on the instructional methods examination is required for certification.

(2) The instructional methods examination required for certification shall be passed within three attempts.

(3) If an applicant is unable to pass the examination within three attempts, the applicant shall complete a new fire instructor training course and meet all criteria for a fire instructor as set forth in rule 4765-21-03 of the Administrative Code.

(E) The initial examination required for assistant fire instructor shall consist of a knowledge examination as approved by the executive director, with the advice and counsel of the committee.

(1) The knowledge examination shall be taken prior to and within one year of completing requirements as set forth in paragraphs (B)(5) to (B)(7) of rule 4765-21-03 of the Administrative Code.

(2) The knowledge examination for assistant fire instructor shall be taken at the firefighter I or firefighter II level.

(3) A passing score of at least seventy percent on the knowledge examination is required for certification.

(4) If an applicant is unable to pass the knowledge examination within three attempts, the applicant shall wait for a time period of six months and complete a new firefighter I and II training course as set forth in rule 4765-24-13 of the Administrative Code before attempting the examination again.

(F) An applicant may be approved to use the results of a recently completed fire instructor knowledge examination in lieu of taking the fire instructor knowledge examination if:

(1) The request is submitted in writing to the executive director;

(2) The examination was completed within the last twelve months;

(3) The examination was taken at the firefighter II level;

(4) An examination score of at least eighty percent was obtained.

(G) The request to use the results of a recently completed fire instructor knowledge examination in lieu of taking the fire instructor knowledge examination must be approved by the executive director prior to the start of the course.

Replaces: Replaces part of former 4765-20-06

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 06/30/1975, 05/01/1979, 01/01/1989, 01/01/1996, 09/25/2000, 05/29/2003, 09/30/2004, 01/24/2008, 04/07/2014

4765-21-06 Renewal of a fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate to teach..

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) The executive director shall renew a fire instructor certificate, issued under section 4765.55 of the Revised Code and this chapter, to an applicant who meets the following criteria:

(1) The applicant possesses a current and valid firefighter certificate that is in good standing;

(2) The applicant complies with the requirements for a firefighter certificate as set forth in paragraphs (A) to (F) of rule 4765-20-02 of the Administrative Code;

(3) During the preceding certification cycle, the applicant has provided not less than twenty-four hours of instruction related to fire service training as approved by the applicant's fire chief or a program director.

(4) The applicant satisfies one of the following:

(a) Obtains six hours of continuing education related to instructional methodology as approved by:

(i) The applicant's fire chief; or

(ii) A program director of:

(a) A chartered program, as defined in rule 4765-25-01 of the Administrative Code;

(b) An EMS accredited institution, as defined in rule 4765-25-01 of the Administrative Code; or

(c) An EMS approved institution, as defined in rule 4765-25-01 of the Administrative Code; or

(b) Passes an instructional methods examination as set forth in rule 4765-21-05 of the Administrative Code.

(5) The applicant submits a completed "Fire, Assistant Fire, Fire Safety Inspector, or Live Fire Instructor Renewal Application" on or before the expiration date of the current certificate.

(B) The executive director shall renew an assistant fire instructor certificate, issued under section 4765.55 of the Revised Code and this chapter, to an applicant who meets the following criteria:

(1) The applicant possesses a current and valid firefighter certificate that is in good standing;

(2) The applicant complies with the requirements for a firefighter certificate as set forth in paragraphs (A) to (F) of rule 4765-20-02 of the Administrative Code;

(3) During the preceding certification cycle, the applicant has provided not less than eight hours of instruction related to fire service training as approved by the applicant's fire chief or a program director.

(4) The applicant satisfies one of the following:

(a) Obtains six hours of continuing education related to instructional methodology as approved by:

(i) The applicant's fire chief; or

(ii) A program director of:

(a) A chartered program, as defined in rule 4765-25-01 of the Administrative Code;

(b) An EMS accredited institution, as defined in rule 4765-25-01 of the Administrative Code; or

(c) An EMS approved institution, as defined in rule 4765-25-01 of the Administrative Code; or

(b) Passes an instructional methods examination as set forth in rule 4765-21-05 of the Administrative Code.

(5) The applicant submits a completed "Fire, Assistant Fire, Fire Safety Inspector, or Live Fire Instructor Renewal Application" on or before the expiration date of the current certificate.

(C) The executive director shall renew a fire safety inspector instructor training certificate, issued under section 4765.55 of the Revised Code and this chapter, to any applicant who meets the following criteria:

(1) The applicant possesses a current and valid fire safety inspector certificate that is in good standing;

(2) The applicant complies with the requirements for a fire safety inspector certificate as set forth in paragraphs (A), (C), (D), and (E) of rule 4765-20-03 of the Administrative Code;

(3) During the preceding certification cycle, the applicant has provided not less than twenty-four hours of instruction related to fire safety inspector training as approved by the applicant's fire chief or a program director.

(4) The applicant satisfies one of the following:

(a) Obtains six hours of continuing education related to instructional methodology as approved:

(i) The applicant's fire chief; or

(ii) A program director of:

(a) A chartered program, as defined in rule 4765-25-01 of the Administrative Code;

(b) An EMS accredited institution, as defined in rule 4765-25-01 of the Administrative Code; or

(c) An EMS approved institution, as defined in rule 4765-25-01 of the Administrative Code; or

(b) Passes an instructional methods examination as set forth in rule 4765-21-05 of the Administrative Code.

(5) The applicant submits a completed "Fire, Assistant Fire, Fire Safety Inspector, or Live Fire Instructor Renewal Application" on or before the expiration date of the current certificate.

(D) The executive director shall renew a live fire instructor certificate, issued under section 4765.55 of the Revised Code and this chapter, to an applicant who meets the following criteria:

(1) Meets the renewal requirements as set forth in paragraph (A) or (B) of this rule; and

(2) Participates as a certified instructor in at least one live burn training exercise approved by the applicant's fire chief or program director during the previous certification cycle;

(3) If "NFPA 1403" is revised during the certificate holder's certification cycle, a live fire instructor shall attend a continuing education refresher course related to the revised standard.

(E) In accordance with section 5903.10 of the Revised Code, the holder of an expired instructor certificate shall be granted renewal of the expired certificate if the following conditions are met:

(1) The holder presents the division with satisfactory evidence that the holder or the holder's spouse, as applicable, was honorably discharged, released under honorable conditions from active duty or national guard duty, or separated from the military under honorable conditions, and either of the following applies:

(a) The certificate was not renewed because of the holder's service in the armed forces.

(b) The certificate was not renewed because the holder's spouse's service in the armed forces resulted in the holder's absence from this state.

(2) The certificate renewal application and military discharge evidence is submitted to the division within six months of the holder's or holder's spouse's discharge from the armed forces or release from active duty or national guard duty.

(3) The certificate holder meets the requirements for renewal of a certificate as set forth in this chapter of the Administrative Code.

(4) A veteran or spouse of a veteran who meets the conditions in paragraph (E) of this rule shall not be assessed a penalty for submitting a late renewal application.

(F) No later than sixty days prior to the applicant's expiration date, the division, as directed by the executive director, shall provide notification of the certificate's expiration date and the method of renewal to each person who has been issued a certificate to teach.

(G) The holder of a certificate to teach shall maintain records of continuing education and instructional hours required by this rule for the current and previous certification cycles.

(1) Such records shall include the course title, date, hours claimed, and who provided the training.

(2) Upon request, documentation shall be provided to the division within the time parameters set forth by the executive director.

(H) No applicant shall receive credit for more than twelve hours of continuing education training in any one calendar day.

(I) No applicant shall receive continuing education credit for the identical online training class, taken more than once per calendar year.

(J) There shall be no application fee required for renewal of a certificate to teach.

(K) A renewed instructor certification does not become effective until the expiration date of the current certificate.

(L) If an applicant's certification cycle was less than thirty-six months, the applicant shall complete the pro-rated renewal requirements as set forth in rule 4765-21-15 of the Administrative Code.

Replaces: Replaces former 4765-21-04

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 06/30/1975, 05/01/1979, 01/01/1989, 01/01/1996, 09/25/2000, 05/29/2003, 09/30/2004, 01/24/2008, 04/07/2014

4765-21-07 Reinstatement of a fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate to teach.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) A fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate shall expire on its expiration date, if the applicant fails to renew such certificate on or before the expiration date of the certificate.

(B) The executive director shall reinstate a fire instructor, live fire instructor, or fire safety inspector instructor certificate that has expired or becomes invalid due to a voluntary surrender, in accordance with the parameters set forth in this rule.

(C) An assistant fire instructor that fails to renew the certificate by the expiration date is not eligible for reinstatement. The applicant shall apply as a new applicant pursuant to rule 4765-21-04 of the Administrative Code.

(D) In order to be eligible to reinstate a fire instructor certificate that has expired or becomes invalid due to a voluntary surrender, an applicant, in addition to the requirements set forth in paragraphs (E) to (H) of this rule, as applicable, shall meet all of the following requirements:

(1) In the preceding seven years, the applicant shall have been certified for at least five years as a firefighter;

(2) The applicant shall possess a current and valid firefighter certificate that is in good standing and:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(3) The applicant shall have previously held a fire instructor training certificate that was in good standing at the time the certificate expired or was voluntarily surrendered;

(4) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(E) The executive director shall reinstate a fire instructor certificate that has expired, or become invalid due to a voluntary surrender, for no later than ninety days from the expiration date or date of surrender, if the applicant meets all requirements as set forth in paragraph (D) of this rule and all of the following requirements:

(1) The applicant provides documentation to the division that all continuing education and instructional requirements as set forth in rule 4765-21-06 of the Administrative Code were met for the last certification cycle prior to the certificate's expiration date or date of surrender. If the continuing education and instructional requirements were not completed prior to expiration date or date of surrender, the applicant is not eligible for reinstatement under this paragraph;

(2) The applicant submits an application fee of seventy-five dollars;

(3) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(F) The executive director shall reinstate a fire instructor certificate that has expired, or become invalid due to a voluntary surrender, for no later than six months from the expiration date or date of surrender, if the applicant meets all requirements as set forth in paragraph (D) of this rule and all of the following requirements:

(1) The applicant passes an instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(2) The applicant submits an application fee of seventy-five dollars;

(3) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(G) The executive director shall reinstate a fire instructor certificate that has expired, or become invalid due to a voluntary surrender, for more than six months, but no later than one year from the expiration date or date of surrender, if the applicant meets all requirements as set forth in paragraph (D) of this rule and all of the following requirements:

(1) The applicant passes an instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(2) The applicant completes ten hours of supervised teaching:

(a) In the presence of a fire instructor trainer and under the auspices of a chartered program; and

(b) Including a minimum of six hours of classroom lecture and a maximum of four hours of practical skills instruction.

(3) The applicant submits an application fee of seventy-five dollars;

(4) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(H) The executive director shall reinstate a fire instructor certificate that has expired, or become invalid due to a voluntary surrender, for more than a year but less than two years from the expiration date or date of surrender, if the applicant meets all requirements as set forth in paragraph (D) of this rule and all of the following requirements:

(1) The applicant passes an instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(2) The applicant completes ten hours of supervised teaching:

(a) In the presence of a fire instructor trainer and under the auspices of a chartered program; and

(b) Including a minimum of six hours of classroom lecture and a maximum of four hours of practical skills instruction.

(3) The applicant completes eight hours of instruction, as set forth in paragraphs (A) (2) to (A)(3) of rule 4765-24-15 of the Administrative Code, through a chartered program, as follows:

(a) Completion of the four hour fire service training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(b) Completion of the four hour live fire training awareness module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(4) The applicant submits an application fee of seventy-five dollars;

(5) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(I) If a fire instructor certificate has been expired or become invalid due to voluntary surrender, for two years or more from the expiration date or date of surrender, the applicant shall complete a new fire instructor course and meet all requirements for a fire instructor certificate as outlined in rule 4765-21-03 of the Administrative Code.

(J) In order to reinstate a fire safety inspector instructor certificate that has expired or becomes invalid due to voluntary surrender, an applicant, in addition to the requirements set forth in paragraphs (K) to (N) of this rule, as applicable, shall meet all of the following requirements:

(1) In the preceding seven years, the applicant shall have been certified for at least five years as a fire safety inspector;

(2) The applicant shall possess a current and valid fire safety inspector certificate that is in good standing and:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(3) The applicant shall have previously held a fire safety inspector instructor certificate that was in good standing at the time the certificate expired or was voluntarily surrendered.;

(4) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(K) The executive director shall reinstate a fire safety inspector instructor certificate that has expired, or become invalid due to a voluntary surrender, for no later than ninety days from the expiration date or date of surrender, if the applicant meets all requirements as set forth in paragraph (J) of this rule and all of the following:

(1) The applicant provides documentation to the division that all continuing education and instructional requirements as set forth in rule 4765-21-06 of the Administrative Code were met for the last certification cycle prior to the certificate's expiration date. If the continuing education and instructional requirements were not completed prior to expiration date, the applicant is not eligible for reinstatement under this paragraph.

(2) The applicant submits an application fee of seventy-five dollars;

(3) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(L) The executive director shall reinstate a fire safety inspector instructor certificate that has expired, or become invalid due to a voluntary surrender, for no later than six months from the expiration date or date of surrender, if the applicant meets all requirements as set forth in paragraph (K) of this rule and all of the following:

(1) The applicant passes an instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(2) The applicant submits an application fee of seventy-five dollars;

(3) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(M) The executive director shall reinstate a fire safety inspector instructor certificate that has expired, or become invalid due to a voluntary surrender, for more than six months, but no later than one year from the expiration date or date of surrender, if the applicant meets all requirements as set forth in paragraph (K) of this rule and all of the following:

(1) The applicant passes an instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(2) The applicant completes ten hours of supervised teaching:

(a) In the presence of a fire instructor trainer and under the auspices of a chartered program; and

(b) Including a minimum of six hours of classroom lecture and a maximum of four hours of practical skills instruction.

(3) The applicant submits an application fee of seventy-five dollars;

(4) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(N) The executive director may reinstate a fire safety inspector instructor training certificate that has expired, or become invalid due to a voluntary surrender, for more than a year but less than two years from the expiration date or date of surrender, if the applicant meets all requirements as set forth in paragraph (K) of this rule and all of the following:

(1) The applicant passes an instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(2) The applicant completes ten hours of supervised teaching:

(a) In the presence of a fire instructor trainer and under the auspices of a chartered program; and

(b) Including a minimum of six hours of classroom lecture and a maximum of four hours of practical skills instruction.

(3) The applicant completes the eight hour fire safety inspector training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(4) The applicant submits an application fee of seventy-five dollars;

(5) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(O) If a fire safety inspector instructor certificate has been expired or become invalid due to voluntary surrender, for two years or more from the expiration date or date of surrender, the applicant shall complete a new fire safety inspector instructor course and meet all requirements for a fire safety inspector instructor certificate as set forth in rule 4765-21-03 of the Administrative Code.

(P) In order to be eligible to reinstate a live fire instructor certificate that has expired or becomes invalid due to a voluntary surrender, an applicant shall meet all of the following requirements:

(1) In the preceding seven years, the applicant shall have been certified for at least five years as a fire instructor or assistant fire instructor;

(2) The applicant shall possess a current and valid fire instructor or assistant fire instructor certificate that is in good standing and:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(3) The applicant shall have previously held a live fire instructor certificate that was in good standing at the time the certificate expired or was voluntarily surrendered;

(4) The applicant submits an application fee of seventy-five dollars;

(5) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(Q) If a live fire instructor certificate has been expired or become invalid due to voluntary surrender, for two years or more from the expiration date or date of surrender, the applicant shall complete a new "Live Fire Training Operations Course" and meet all requirements for a live fire instructor certificate as set forth in rule 4765-21-03 of the Administrative Code.

(R) A holder of a current and valid fire instructor certificate exempt from live fire training operations course requirements as set forth in rule 4765-21-03 of the Administrative Code, shall no longer be exempt from the requirements to complete the "Live Fire Training Operations Course" and the "Live Fire Training Operations Job Performance Requirement Check-Off" if the fire instructor certificate has become subject to the reinstatement process.

(S) If a fire instructor who held a live fire instructor certificate that was in good standing at the time of expiration or voluntary surrender is reinstated by the executive director, the live fire instructor certificate shall automatically be reinstated if the certificate has been expired or surrendered for a period of less than two years.

(T) An applicant seeking reinstatement of a fire instructor certificate that has been expired or become invalid due to voluntary surrender for two years or more, who wishes to provide instruction in any live fire training courses under the auspices of a chartered program, shall successfully complete the "Live Fire Training Operations Course" through a chartered program. Credit may be given for completion of a substantially similar live fire training operations course when approved by the executive director.

(U) In order for a fire instructor, live fire instructor, or fire safety inspector instructor certificate to be reinstated, the fire instructor, live fire instructor, or fire safety inspector instructor training course completed by the applicant shall be substantially similar to the current curriculum requirements. If such training is not substantially similar to the current curriculum, the applicant shall complete additional course work in the areas of deficiency through a chartered program.

(V) If an applicant's certification cycle was less than thirty-six months, the applicant shall complete the pro-rated renewal requirements as set forth in rule 4765-21-15 of the Administrative Code.

Replaces: Replaces pat of former 4765-21-05

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 06/30/1975, 05/01/1979, 01/01/1989, 01/01/1996, 09/25/2000, 05/29/2003, 09/30/2004, 01/24/2008, 04/07/2014

4765-21-08 Reinstatement of a revoked fire instructor, assistant fire instructor, live fire instructor, and fire safety inspector instructor certificate.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) The executive director may reinstate a fire instructor certificate that has been previously revoked for at least one year from the date the executive director ordered revoking the certificate, but not more than two years. In order to be considered for reinstatement, the applicant shall meet the following requirements:

(1) In the preceding seven years, the applicant shall have been certified for at least five years as a firefighter;

(2) The applicant shall have previously held a fire instructor certificate;

(3) The applicant shall possess a current and valid firefighter certificate that is in good standing and:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(4) The applicant shall pass an instructional methods examination as set forth in rule 4765-21-05 of the Administrative Code;

(5) The applicant shall complete ten hours of supervised teaching:

(a) In the presence of a fire instructor trainer and under the auspices of a chartered program; and

(b) Including a minimum of six hours of classroom lecture and a maximum of four hours of practical skills instruction.

(6) The applicant shall complete the four hour fire service training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(7) The applicant shall complete the four hour live fire training awareness module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(8) The applicant submits an application fee of seventy-five dollars;

(9) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(B) The executive director may reinstate a live fire instructor certificate that has been previously revoked for at least one year from the date on which the executive director ordered revoking the certificate, but not more than two years. In order to be considered for reinstatement, an applicant shall meet all of the following requirements:

(1) In the preceding seven years, the applicant shall have been certified for at least five years as a fire instructor or assistant fire instructor;

(2) The applicant shall possess a current and valid fire instructor or assistant fire instructor certificate that is in good standing and:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(3) The applicant shall have previously held a live fire instructor certificate that was in good standing at the time the certificate expired or was voluntarily surrendered;

(4) The applicant submits an application fee of seventy-five dollars;

(5) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(C) The executive director may reinstate a fire safety inspector instructor training certificate that has been previously revoked for at least one year from the date on which the executive director ordered revoking the certificate, but not more than two years. In order to be considered for reinstatement, the applicant shall meet the following requirements:

(1) In the preceding seven years, the applicant shall have been certified for at least five years as a fire safety inspector;

(2) The applicant shall have previously held a fire safety inspector instructor training certificate;

(3) The applicant shall possess a current and valid certificate to practice as a fire safety inspector that is in good standing and:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(4) The applicant shall pass an instructional methods examination as set forth in rule 4765-21-05 of the Administrative Code;

(5) The applicant shall complete ten hours of supervised teaching:

(a) In the presence of a fire instructor trainer and under the auspices of a chartered program; and

(b) Including a minimum of six hours of classroom lecture and a maximum of four hours of practical skills instruction.

(6) The applicant shall complete the eight hour fire safety inspector training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(7) The applicant submits an application fee of seventy-five dollars;

(8) The applicant shall submit a completed "Fire, Fire Safety Inspector, and/or Live Fire Instructor Reinstatement Application."

(D) In order for a fire instructor or a fire safety inspector instructor certificate to be reinstated, the training course completed by the applicant shall be substantially similar to the current curriculum requirements. If such training is not substantially similar to the current curriculum, the applicant shall complete additional coursework in the areas of deficiency through a chartered program.

(E) The executive director may reinstate a live fire instructor certificate that was revoked at the time of fire instructor certificate revocation, upon reinstatement of the fire instructor certification. The live fire instructor certificate shall have been in good standing at the time of revocation of the fire instructor certificate. Reinstatement shall take into account factors listed in paragraph (F) of this rule.

(F) In addition to meeting the requirements set forth in this rule, the executive director may take into consideration other relevant factors when determining whether to grant a request for reinstatement. These factors include, but are not limited to the following:

(1) The nature and severity of the acts that resulted in the revocation of the applicant's certificate;

(2) The time that has elapsed since the revocation;

(3) Additional convictions or violations of the Revised Code occurring after the revocation of the certificate;

(4) Any evidence of rehabilitation, including but not limited to, appropriate treatment or counseling, which the applicant shall submit documentation to the executive director;

(5) Evidence of additional education or training, which the applicant shall submit to the executive director;

(6) Compliance with previous executive director orders or consent agreements;

(7) Compliance with court ordered sentencing;

(8) Employment history, including compliance with any departmental discipline, which the applicant may submit to the executive director.

(G) The executive director shall not reinstate a certificate to teach, if either of the following apply:

(1) The applicant's certificate to teach was permanently revoked by the executive director;

(2) The applicant's certificate to teach has been revoked for more than two years. Such applicant shall complete a new training course and apply for a new certificate of fire service instructor training under rule 4765-21-03 of the Administrative Code.

(H) An assistant fire instructor that has been revoked is not eligible for reinstatement. The applicant shall apply as a new applicant pursuant to rule 4765-21-04 of the Administrative Code.

(I) A certificate to teach issued pursuant to this rule shall be issued in accordance with the certification cycles and pro-rated renewal requirements set forth in rule 4765-21-15 of the Administrative Code.

Replaces: Replaces former 4765-21-10.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 01/24/2008, 04/07/2014

4765-21-09 Reciprocity for fire instructor.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) For purposes of granting reciprocity, the executive director may review firefighter instructor licensing or certification requirements and firefighter instructor training standards from another state, the District of Columbia, a United States territory, any branch of the United States military, or, other fire instructor training program approved by the executive director, to identify those requirements and standards that are substantially similar to the curriculum and certification standards set forth in section 4765.55 of the Revised Code and Chapters 4765-21 and 4765-24 of the Administrative Code.

(B) The executive director shall issue a fire instructor certificate by reciprocity pursuant to section 4765.55 of the Revised Code and Chapter 4765-21 of the Administrative code to an applicant who possesses a current and valid certificate or license to teach fire training, that is in good standing, from another state, the District of Columbia, or a United States territory provided that the applicant meets all of the following qualifications:

(1) The applicant submits a completed "Fire Instructor Reciprocity Packet";

(2) The applicant submits documentation to the division demonstrating that the applicant has completed a structured course of instruction in another state, the District of Columbia, a United States territory, or other firefighter instructor training program approved by the executive director that is substantially similar to the training standards and curriculum requirements set forth in paragraph (A) (1) of rule 4765-24-15 of the Administrative Code;

(3) The applicant possesses a current firefighter certificate issued under section 4765.55 of the Revised Code and rule 4765-20-02 of the Administrative Code that is in good standing;

(4) In the preceding seven years, the applicant has at least five years of experience as a certified firefighter. Experience as a firefighter in another state, the District of Columbia, a United States territory, or any branch of the United States military may be used to fulfill this requirement;

(5) Shall pass the fire instructor knowledge examination as set forth in rule 4765-21-05 of the Administrative Code. The fire instructor knowledge examination shall be completed in the twelve months preceding admission into the fire instructor course.

(6) The applicant passes the instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(7) The applicant completes all of the following requirements:

(a) The four hour fire service training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(b) The four hour live fire training awareness module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(8) The applicant completes ten hours of supervised teaching:

(a) In the presence of a fire instructor trainer and under the auspices of a chartered program; and

(b) Including a minimum of six hours of classroom lecture and a maximum of four hours of practical skills instruction.

The supervised teaching may not occur until the student has completed the two four-hour modules as set forth in paragraph (C)(7) of this rule.

(9) The applicant:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(10) The applicant submits a completed "Fire Instructor Reciprocity Application."

(C) The executive director shall issue a fire instructor training certificate to an applicant who received fire instructor training from any branch of the United States military, provided the applicant meets all of the following:

(1) The applicant submits a completed "Fire Instructor Reciprocity Packet";

(2) The applicant submits documentation to the division demonstrating that the applicant completed a structured course of instruction in the United States military that is substantially similar to the training standards and curriculum requirements as set forth in paragraph (A)(1) of rule 4765-24-15 of the Administrative Code;

(3) The applicant possesses a current firefighter certificate issued under section 4765.55 of the Revised Code and rule 4765-20-02 of the Administrative Code that is in good standing;

(4) In the preceding seven years, the applicant has at least five years of experience as a certified firefighter. Experience as a firefighter in another state, the District of Columbia, a United States territory, or any branch of the United States military may be used to fulfill this requirement, as approved by the program director;

(5) Shall pass the fire instructor knowledge examination as set forth in rule 4765-21-05 of the Administrative Code. The fire instructor knowledge examination shall be completed in the twelve months preceding admission into the fire instructor course.

(6) The applicant passes the instructional methods examination, as set forth in rule 4765-21-05 of the Administrative Code;

(7) The applicant completes all of the following requirements:

(a) The four hour fire service training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(b) The four hour live fire training awareness module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(8) The applicant completes ten hours of supervised teaching:

(a) In the presence of a fire instructor trainer and under the auspices of a chartered program; and

(b) Including a minimum of six hours of classroom lecture and a maximum of four hours of practical skills instruction.

The supervised teaching may not occur until the student has completed the two four-hour modules as set forth in paragraph (C)(7) of this rule.

(9) The applicant:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(10) The applicant submits a completed "Fire Instructor Reciprocity Application."

(D) If an applicant possesses a certificate from the international fire service accreditation congress or national board on professional qualifications for "NFPA 1041" for fire instructor II, the applicant does not have to complete the requirements set forth in paragraph (A)(1) of rule 4765-24-15 of the Administrative Code.

(E) An applicant who has previously held a certificate to teach as a fire instructor in Ohio or another state, the District of Columbia, a United States territory, or any branch of the United States military, which was previously revoked by the executive director or licensing agency of this state or another state, is not eligible for reciprocity.

(F) If an applicant is eligible for reinstatement as set forth in rule 4765-21-07 and rule 4765-21-08 of the Administrative Code, then that applicant is not eligible to be issued a certificate under this rule.

(G) For an application to be considered complete:

(1) The application shall be filled out in the manner as specified;

(2) All required documentation shall be provided;

(3) Requirements set forth in paragraphs (B) and (C) of this rule shall be completed within twelve months.

(H) A fire instructor certificate issued pursuant to this rule shall be issued in accordance with the certification cycles and pro-rated renewal requirements set forth in rule 4765-21-15 of the Administrative Code.

Replaces: Replaces former 4765-21-12.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 01/01/2008, 04/07/2014

4765-21-10 EMS instructor seeking fire instructor or fire safety inspector instructor certification.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) The executive director shall issue a fire instructor certificate to an applicant who holds a valid EMS instructor certificate, issued under rule 4765-18-05 of the Administrative Code, if the applicant meets all of the following requirements:

(1) In the preceding seven years, the applicant has been certified for at least five years as a firefighter;

(2) The applicant possesses a current and valid firefighter certificate that is in good standing;

(3) The applicant passes the knowledge examination as set forth in rule 4765-20-06 of the Administrative Code at the firefighter II level;

(4) The applicant completes the four hour fire service training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(5) The applicant completes the four hour live fire training awareness module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(6) The applicant:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(7) The applicant submits a completed "Fire, Assistant Fire, or Fire Safety Inspector Instructor Initial Application."

(B) An applicant for a fire instructor certificate, who wishes to provide instruction in any live fire training courses, shall meet the live fire instructor requirements as set forth in rule 4765-21-03 of the Administrative Code.

(C) The executive director shall issue a fire safety inspector instructor certificate to an applicant who holds a valid EMS instructor certificate issued under rule 4765-18-05 of the Administrative Code, if the applicant meets all of the following requirements:

(1) In the preceding seven years, the applicant has been certified for at least five years as a fire safety inspector;

(2) The applicant possesses a current and valid fire safety inspector certificate that is in good standing;

(3) The applicant passes the knowledge examination as set forth in rule 4765-20-06 of the Administrative Code for fire safety inspector;

(4) The applicant completes the eight hour fire safety inspector training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(5) The applicant:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(6) The applicant submits a completed "Fire, Assistant Fire, or Fire Safety Inspector Instructor Initial Application."

(D) Applicants shall complete requirements in this rule within twelve months of passing of the knowledge examination.

(E) A certificate to teach issued pursuant to this rule shall be issued in accordance with the certification cycles and pro-rated renewal requirements set forth in rule 4765-21-15 of the Administrative Code.

Replaces: Replaces former 4765-21-074 and part of 4765-21-02.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 06/30/1975, 05/01/1979, 01/01/1989, 01/01/1996, 09/25/2000, 05/29/2003, 09/30/2004, 01/24/2008, 04/07/2014

4765-21-11 Fire instructor or fire safety inspector instructor crossover certification.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) The executive director shall issue a fire instructor certificate to a fire safety inspector instructor who meets the following requirements:

(1) In the preceding seven years, the applicant has been certified for at least five years as a firefighter;

(2) The applicant possesses a current and valid firefighter certificate that is in good standing;

(3) The applicant passes the knowledge examination as set forth in rule 4765-20-06 of the Administrative Code at the firefighter II level;

(4) The applicant completes the four hour fire service training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(5) The applicant completes the four hour live fire training awareness module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(6) The applicant:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(7) The applicant submits a completed "Fire, Assistant Fire, or Fire Safety Inspector Instructor Initial Application."

(B) An applicant for a fire instructor certificate, who wishes to provide instruction in any live fire training courses, shall meet the live fire instructor requirements as set forth in rule 4765-21-03 of the Administrative Code.

(C) The executive director shall issue a fire safety inspector instructor certificate to a fire instructor who meets the following requirements:

(1) In the preceding seven years, the applicant has been certified for at least five years as a fire safety inspector;

(2) The applicant possesses a current and valid fire safety inspector certificate that is in good standing;

(3) The applicant passes the knowledge examination as set forth in rule 4765-20-06 of the Administrative Code for fire safety inspector;

(4) The applicant completes the eight hour fire safety inspector training module incorporated in the "Ohio Fire and EMS Instructor Curriculum";

(5) The applicant:

(a) Shall not have been convicted of any of the following:

(i) Any felony;

(ii) A misdemeanor committed in the course of practice;

(iii) A misdemeanor involving moral turpitude.

(b) Shall not have committed fraud, misrepresentation, or material deception in applying for, or obtaining a certificate issued under section 4765.55 of the Revised Code and this chapter.

(6) The applicant submits a completed "Fire, Assistant Fire, and or Fire Safety Inspector Instructor Initial Application."

(D) Applicants shall complete requirements in this rule within twelve months of passing the knowledge examination.

(E) A certificate to teach issued pursuant to this rule shall be issued in accordance with the certification cycles and pro-rated renewal requirements set forth in rule 4765-21-15 of the Administrative Code.

Replaces: REplaces former 4765-21-08 and part of 4765-21-02.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 01/24/2008, 04/07/2014

4765-21-12 Extension of continuing education requirement for fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) Pursuant to section 4765.55 of the Revised Code, the executive director may grant an applicant for renewal of a fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate an extension of time to comply with the continuing education and instructional requirements for renewal of the fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate.

(B) A ninety-day functioning extension may be granted by the executive director to the holder of a fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate that submits a "Request for Extension of Fire Certificates" form if either of the following conditions are met:

(1) The request is received prior to the expiration date of the certificate;

(2) The request is received no more than ninety days after the expiration date of the certificate and there are extenuating circumstances, deemed acceptable by the executive director, that prevented the submission of the request for an extension prior to the expiration of the certificate.

(C) The executive director, with advice and counsel of the committee, may grant an extension for a period of greater than ninety days if it is determined there are extenuating circumstances affecting the ability of the certificate holder to comply with the continuing education or instructional requirements within ninety days of the expiration of the certificate. The executive director shall have full discretion in determining the length of the extension and whether, or to what extent, the holder of the lapsed certificate may engage in activities for which a certificate to teach is otherwise required.

(D) A holder of a fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate seeking an extension for a period of greater than ninety days shall submit a written request to the division which shall include all of the following:

(1) Length of extension requested;

(2) Justification for the extension;

(3) The amount and type of continuing education and instructional requirements needed to comply with the requirement for renewal of the fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate;

(4) A specific plan for completion of the continuing education and instructional requirements within the length of time requested;

(5) Certification number of the fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate;

(6) Signature of the certificate holder.

(E) The holder of a fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate that is granted an extension pursuant to this rule shall complete the continuing education and instructional requirements and submit a "Fire, Assistant Fire, Fire Safety Inspector, or Live Fire Instructor Renewal Application" no later than the expiration date of the granted extension.

(F) The holder of a fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate that is granted an extension pursuant to this rule shall be audited for compliance with continuing education and instructional requirements upon renewal of the certificate.

(G) Military provisions related to extension of time to complete fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor continuing education:

(1) In accordance with section 5903.12 of the Revised Code and this chapter of the Administrative Code, a certificate holder who has served on active duty during the current or prior certification cycle may request an extension of time to complete the current continuing education or instructional renewal requirement, if both of the following conditions are met:

(a) The certificate holder submits documentation to the division stating that the certificate holder requires the extension of the current certification cycle because the certificate holder has served on active duty during the current or prior certification cycle.

(b) The documentation submitted certifies the active duty service and the length of that active duty service as a period in excess of thirty-one days during the current or prior continuing education or instructional renewal certification cycle.

(2) Upon the division's receipt of satisfactory evidence of service, in accordance with section 5903.12 of the Revised Code, the division shall extend the current continuing education or instructional renewal certification cycle by an amount of time equal to the total number of months that the certificate holder spent on active duty service during the current certification cycle. Any portion of a month served shall be considered one full month.

(3) All provisions of paragraph (G) of this rule shall apply to any certificate holder who is the spouse of a person who has served on active duty when that service resulted in the certificate holder's absence from this state.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55

4765-21-13 Exemption from fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor renewal requirements.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) The executive director, with the advice and counsel of the committee, may grant an applicant for renewal of a fire instructor, live fire instructor, or fire safety inspector instructor certificate a complete or partial exemption from compliance with the continuing education and instructional renewal requirements, as set forth in this chapter and in accordance with this rule.

(B) Complete or partial exemptions may be granted for, but not limited to, the following reasons:

(1) The applicant is on active duty in the armed forces which resulted in the certificate holder's absence from this state:

(a) The applicant shall submit a completed "Exemption Request for Continuing Education for Fire Certificates" form. The request shall include the following:

(i) The continuing education or instructional renewal requirements for which an exemption is sought;

(ii) Justification for the exemption;

(iii) Signature of the certificate holder;

(iv) Proof of active duty in the armed forces during the certification cycle for which the exemption is requested.

(b) A request for an armed forces exemption shall be submitted no later than six months from discharge of active duty.

(2) The applicant has a medical hardship or unusual circumstances that impact the applicant's ability to comply with the continuing education or instructional renewal requirements for renewal of the fire service instructor training certificate.

(a) The applicant shall submit a completed "Exemption Request for Continuing Education for Fire Certificates" form. The request shall include the following:

(i) The continuing education or instructional renewal requirements for which an exemption is sought;

(ii) Justification for the exemption;

(iii) Signature of the certificate holder.

(b) A request for exemption shall be submitted to the division before the expiration date of the instructor training certificate.

(c) If a request for exemption is received after the expiration date of the instructor certificate, the executive director may consider the request if the executive director determines there are extenuating circumstances affecting either the submission of the request for exemption in a timely manner, or the ability of the certificate holder to comply with the continuing education or instructional requirements.

(C) Assistant fire instructor is not eligible for exemptions from continuing education or instructional requirements.

(D) Two or more consecutive exemptions for continuing education and instructional renewal requirements shall not be permitted.

Replaces: Replaces part of 4765-24-03

Effective: 1/1/2018
Five Year Review (FYR) Dates: 9/21/2017 and 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 04/07/2014

4765-21-14 Voluntary surrender of certificate to teach.

(A) A holder of a certificate to teach may voluntarily surrender the holder's certificate by submitting it to the division.

(1) Such request for surrender shall be in writing;

(2) Such request for surrender is subject to the executive director's approval;

(3) A surrender approved by the executive director becomes effective upon the date of such approval.

(B) An individual who surrendered a certificate to teach pursuant to paragraph (A) of this rule and subsequently wishes to seek reinstatement of the certificate to teach, shall comply with the reinstatement provisions set forth in rule 4765-21-07 of the Administrative Code.

(C) If a holder of a certificate to teach is under investigation by the division, acceptance of surrender is at the discretion of the executive director.

Replaces: Replaces former 4765-21-11

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 04/07/2014

4765-21-15 Instructor certification cycles and renewal education requirements.

(A) This rule shall apply to individuals applying for initial certification, reciprocity, or reinstatement of a certificate to teach.

(B) A fire instructor or fire safety inspector instructor certificate shall expire on the same date as the individual's firefighter certification, or fire safety inspector certificate if the individual does not hold a current firefighter certificate. In order to be eligible to renew the instructor certificate, the individual shall complete renewal requirements, in accordance with rule 4765-21-06 of the Administrative Code, for the following reduced hours and certification cycle:

(1) Twelve months or less, no continuing education or instruction of a fire service training or continuing education program is required;

(2) More than twelve months but less than twenty-four months, two hours of continuing education and eight hours of instruction of a fire service training or continuing education program is required;

(3) Twenty-four months but less than thirty-six months, four hours of continuing education and sixteen hours of instruction of a fire service training or continuing education program is required;

(4) Thirty-six months or more, six hours of continuing education and twenty-four hours of instruction of a fire service training or continuing education program is required.

(C) An assistant fire instructor certificate shall expire on the same date as the individual's firefighter certification. In order to be eligible to renew the assistant fire instructor certificate, the individual shall complete renewal requirements, in accordance with rule 4765-21-06 of the Administrative Code, for the following reduced hours and certification cycle:

(1) Twelve months or less, no continuing education or instruction of a fire service training or continuing education program is required;

(2) More than twelve months but less than twenty-four months, two hours of continuing education and two hours of instruction of a fire service training or continuing education program is required;

(3) Twenty-four months but less than thirty-six months, three hours of continuing education and four hours of instruction of a fire service training or continuing education program is required;

(4) Thirty-six months or more, six hours of continuing education and eight hours of instruction of a fire service training or continuing education program is required.

(D) A live fire instructor certificate shall expire on the same date as the individual's fire instructor or assistant fire instructor certificate. The individual shall complete renewal requirements in accordance with rule 4765-21-06 of the Administrative Code. A certificate held for less than twelve months is exempt from the live burn renewal requirement.

(E) Upon request by the division, a person issued a fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate shall accurately document and report all approved continuing education courses the certificate holder completes and instructional hours taught in accordance with this chapter. The documentation shall be provided within the time parameters set forth by the executive director with advice and counsel of the committee.

(F) Once a mutual expiration date is established for all EMS and fire certificates, all certificates will be issued a three-year certification cycle and shall expire on the individual's date of birth in the third year.

(G) Once a mutual expiration date is established for all EMS and fire certificates, the expiration date will not be changed and any newly obtained certificate will be assigned the current expiration date in accordance with this rule and a shortened certification cycle for the newly issued certificate.

Replaces: Replaces 4765-20-22

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 01/01/2011, 04/07/2014