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CPAT Licensing

It has now been over 13 years since we joined together to form the IAFF/IAFC Fire Service Joint Labor Management Wellness-Fitness Task Force.  The Task Force has dedicated itself to developing a holistic, positive rehabilitating and educational approach to wellness and fitness programs in the fire service.  One of the three major initiatives was the Candidate Physical Ability Test (CPAT) Program.  Since its release in 1999, over 600 jurisdictions have successfully implemented this valuable program.  In our ongoing effort to ensure that the CPAT is being used properly and only as intended, we have a formal licensing policy that specifies the way in which this program can legally be used.  This procedure was instituted by the Task Force to protect the integrity of the CPAT Program and the interests of the members of the IAFF and the IAFC by ensuring that the program is implemented properly and as intended.

On June 5, 2006, the IAFF notified all CPAT licensees of the U.S. Equal Employment Opportunity Commission's (EEOC) conciliation agreement with the IAFF which required specific changes in the administration of the CPAT Program. The EEOC agreed that it will not file a lawsuit during the term of this agreement based upon a claim that the CPAT has a discriminatory impact on female candidates against any fire department that utilizes the CPAT in conformity with these changes. Pursuant to this agreement, the Task Force revised the CPAT Program manual to incorporate the conciliation agreement in its entirety. Further, the Task Force has now unanimously agreed that as a condition of obtaining and maintaining a CPAT license these revisions must be fully incorporated by the CPAT license holder.

On July 19, 2006, the IAFF notified all CPAT licensees of the release of our secure web-based application, CPAT Administration. CPAT Administration was developed to provide a tool for all CPAT licensees that support all aspects of administering the CPAT program. As part of the EEOC conciliation agreement, the IAFF agreed to collect and provide aggregate and redacted data to the EEOC to allow it to assess the effectiveness of the modifications in addressing the impact of the CPAT on female candidates. All licensees must agree to collect and provide the IAFF and the IAFC data regarding number of male, female and minority applicants that have taken the CPAT and the pass/fail rates of each. The Task Force has now unanimously agreed that as a condition of obtaining and maintaining a CPAT license, the CPAT Administration shall be used by the licensee as the sole means for collecting and providing data as well as for the administration of the CPAT.

The IAFF, the IAFC and the Task Force have now developed and adopted a new policy on CPAT Limited Licenses. Any department utilizing a limited licensee to administer and conduct their CPAT testing program MUST also have a license. As the full license holder, the department will be responsible for the entire program, including the portion conducted by the limited licensed organization that is assisting with the CPAT.

In 2008, the IAFF/IAFC Joint Labor Management Wellness-Fitness Initiative Task Force completed and the IAFF published the 2nd Edition of the Candidate Physical Ability Test (CPAT) program. The new edition incorporates the above information as well as provides new videos and tools for a successful CPAT program.

Under the current policy, authorization to use the CPAT under a full license will only be granted to fire departments and other employers that will be fully administering the CPAT Program and hiring fire fighter employees.  Limiting the granting of licenses to only those entities that actually administer the program has enabled us to better ensure that the CPAT is only being administered in strict compliance with the licensing agreement. Third party testing organizations (limited to federal, state or provincial agencies; state/provincial fire academies; colleges/universities that conduct pre-employment testing; or pre-employment testing organizations) that only administer the physical testing portion of the CPAT may apply for a Limited License.  Such Limited Licenses allow such third party testing organizations to use the CPAT for purposes of testing the physical capability of fire fighter candidates.  However, this license is granted only upon the express conditions that the licensee may only administer the CPAT for a fire department that already possesses a complete and valid license from the IAFF.  Limited licensees shall not administer the CPAT to any person without first obtaining a written agreement with the fire department to which the person is applying. The provisions of this agreement are outlined below.

These Limited License organizations then operate under the license of the jurisdiction that is responsible for administering the overall CPAT Program.  In addition, a fire department that uses another fire department’s resources and facilities to test candidates must apply for a license of their own.  The licensing policy ensures that the CPAT Program used by the licensee fully covers every aspect of the CPAT, including recruiting and mentoring programs, providing recruits with fitness guidance to help prepare them for the CPAT and setting up and administering the test.

Any use of the CPAT without a license or any misuse of the CPAT program is a violation of the IAFF copyright on this program.

CPAT Copyright

The IAFF has copyrighted the CPAT in order to prevent unauthorized use of this program.  The IAFF owns the exclusive right to reproduce copies of the CPAT; to prepare derivative works from the CPAT; to distribute the CPAT to the public; and to publicly display this work.  The copyright on the CPAT is registered with the United States Copyright Office.  Because of this registration, the IAFF may invoke certain remedies in a lawsuit for copyright infringement.  These remedies include actual damages, injunction, any profits realized by the infringer, and statutory damages, including attorneys’ fees and litigation costs.  The IAFF’s copyright on the CPAT is also afforded complete protection in Canada pursuant to the Universal Copyright Convention.  The IAFF reserves all rights under Canadian and international law for copyright infringement for any illegal use, distribution, copying and creation of derivative works that are not allowed by this license.  Under Canadian laws the IAFF may invoke certain remedies in a lawsuit for copyright infringement.  These remedies include actual damages, injunction, any profits realized by the infringer, and punitive damages. 

Any use of the CPAT is only allowed within the terms and conditions spelled out in a licensing agreement, which must be strictly adhered to by all licensees.  This agreement states that the licensee may only use the CPAT in its entirety, and it explicitly prohibits use of the CPAT to test incumbent members of a fire department.

This copyright protection does extend to any derivative physical ability test that is “substantially similar” to the CPAT test.  Further, the IAFF does NOT grant a license for the creation of derivative works, or works that are based on whole or in part on the CPAT.  This includes works that are written as well as oral.  Specific, written permission is necessary from the IAFF in order to create derivative works. 

While the IAFF may permit the reproduction and reprinting of the CPAT upon request, this does not authorize the licensee to reprint or reproduce, in whole or in part, the CPAT.  Specific, written permission is necessary from the IAFF in order to reprint or reproduce the CPAT. The IAFF reserves all rights and remedies for copyright infringement for any illegal use, distribution, copying or creation of derivative works that are not covered by this license. 

The IAFF is entitled to, and will, institute legal action against any infringement of its exclusive rights or its licensing agreement.  The remedies for copyright infringement include obtaining an injunction to prevent further infringement and to ensure the destruction of unauthorized copies.  They also include the recovery of any damages suffered by the IAFF and the Task Force; recovery of the profits of the infringer; and the recovery of attorneys’ fees and costs of the litigation.

This license is subject to termination at the election of the IAFF by written notice.  This license cannot be transferred or sub-licensed to any third parties without permission from the IAFF.  The IAFF owns the copyright and other related rights to the work entitled “Candidate Physical Ability Test” (“CPAT”).  The IAFF, the IAFC and the ten jurisdictions and local unions of the Task Force own the proprietary rights to the CPAT.

Terms and Conditions of Full CPAT License

The CPAT license is granted only upon the express conditions that the licensee must use the CPAT in whole and only for the purpose of candidate testing.  This includes, but is not necessarily limited to, recruiting, mentoring, preparatory programs, orientation programs, and proper program administration including using specified equipment, test parameters, qualified proctors and test personnel.  Any attempt by the licensee to use only a portion of the CPAT or to use the CPAT for testing incumbents is inconsistent with the scope of this license, and is therefore prohibited. 

The licensee is only authorized to make use of the CPAT in accordance with the terms and conditions of the CPAT manual.   Full CPAT Licenses will only be issued to fire departments for the purposes of candidate preparation and physical ability testing of career fire fighters.

Terms and Conditions of Limited CPAT License

A Limited CPAT License is granted to allow the use the CPAT for purposes of testing the physical capability of fire fighter candidates.  The limited license is granted only upon the express conditions that the licensee may only administer the CPAT for a fire department that already possesses a complete and valid license from the IAFF.  Any attempt by the licensee to use the CPAT for testing incumbents is inconsistent with the scope of this license, and is therefore prohibited.  The licensee is only authorized to make use of the CPAT in accordance with the terms and conditions of the CPAT manual and the CPAT Limited Licensee Policy.  CPAT limited licenses will only be issued to third party testing organizations that are:

·        federal, state or provincial governments or agencies;

·        state or provincial fire academies;

·        colleges/universities that conduct pre-employment testing; or

·        pre-employment testing organizations.

Limited licensees may only administer the physical testing portion of the CPAT for the purpose of testing the physical capability of fire fighter candidates under the CPAT requirements. Limited licensees shall not administer the CPAT to any person without first obtaining a written agreement with the fire department to which the person is applying. Such agreement will contain the following provisions:

·        the fire department will certify that it has a valid CPAT license, and that it agrees to recognize and accept proof of completion of the CPAT from the limited licensee;

·        the fire department will certify that it will utilize the CPAT only in the context of an overall implementation of the CPAT program that complies with its CPAT license;

·        the limited licensee shall have the capability and agree to assist the fire department in meeting the terms of such compliance, including the pre-test orientation and mentoring requirements;

·        the limited licensee shall have the capability and staff to validate the CPAT for jurisdictions through a transportability study, assist the fire department in obtaining CPAT licensure, provide consistent CPAT testing administration and legally defend their validation and CPAT administration;

·        the limited licensee shall have the capability and agree to provide candidates continuously available practice tests and orientations. It shall further provide the CPAT licensed fire department with assistance in establishing candidate mentoring programs;

·        the limited licensee must have purchased all CPAT equipment and verify that such equipment and props conform to all specifications in the CPAT manual and that it has the ability to administer the CPAT in conformity with the specifications of CPAT;

·        where fees are charged by the limited licensee, a pricing model must be established that allows flexibility to have applicants or fire departments cover the cost. The limited licensee shall have a mechanism in place to assure that any individual who demonstrates a financial hardship will be provided the CPAT at reduced or no charge; and

·        if the limited licensee is providing CPAT certifications for a candidate’s use in applying for employment in multiple fire departments, it must notify the IAFF of the CPAT licensed fire departments for which such certification is provided. Further, the testing organization must provide an electronic system where CPAT licensed fire departments that accept such certifications can verify applicant’s results and the date when such results are no longer valid.

As a condition of receiving a limited license, an applicant must agree that it will only administer the CPAT in accordance with the IAFF’s licensing requirements, which include full compliance with the EEOC conciliation agreement and utilization of the CPAT Administration.

To ensure compliance with this policy, the IAFF will conduct on-site reviews and audits of the facilities holding a limited license, and the limited licensee must agree to fully cooperate with such efforts. The on-site review and audit will include, but are not necessarily limited to, the following:

·        verification of written agreements with fire departments;

·        verification of test administration procedures;

·        verification of proctors;

·        facility inspection in accordance with the CPAT requirements on size, environmental conditions floor composition, etc.;

·        equipment inspection to ensure all equipment and props meet the CPAT specifications;

·        verification that course layout is in accordance with the CPAT specifications; and

·        verification that the CPAT Administration is being properly used and data reported.

To ensure that the IAFF has adequate resources to conduct on-site reviews and audits, limited license holders will be charged an annual licensing fee of five thousand dollars ($5,000). Limited licenses will continue to be non-transferable, nonexclusive and revocable at will for any reason.

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