Relating to certification requirements for a fire marshal and any related employee, officer, inspector, and investigator appointed by certain counties and emergency services districts.

Contracts

• Employment Agreements: You must amend contracts for all Fire Marshal office personnel to include a "Condition of Employment" clause. Failure to obtain statutory certifications within the 12/24-month window must be grounds for automatic termination or reassignment.
• Inter-local Agreements: If your ESD contracts with another entity for Fire Marshal services, amend the agreement to require a warranty that all assigned personnel meet HB3687 certification standards.
• Clawback Provisions: Implement training reimbursement agreements requiring repayment of course/exam fees if an employee resigns shortly after certification.

Hiring/Training

• Incumbent Audits: Immediately audit the TCFP status of all current staff. Enroll uncertified staff in coursework immediately to meet the June 2026 deadline.
• Duty Segregation: Until certifications are finalized, uncertified personnel must not sign official inspection reports or conduct arson investigations without direct supervision by a certified officer to preserve the legal validity of the act.
• Peace Officer Status: Ensure any staff carrying weapons or conducting criminal investigations hold a permanent peace officer license from TCOLE in addition to TCFP requirements.

Reporting & Record-Keeping

• Compliance Dossier: HR must maintain a specific file for the Fire Marshal’s office containing current TCFP certifications. Do not rely on the employee to track this.
• Timeline Tracking: Create a tracking log for every hire date versus certification date to prove compliance with the statutory 1-year and 2-year windows during any future liability claim.

Fees & Costs

• Training Budget: Allocate immediate funds for TCFP academy tuition, examination fees, and travel expenses.
• Overtime: Anticipate increased overtime costs to cover shifts while personnel attend mandatory training.