Bill Text: MI HB4731 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Law enforcement; fire personnel; firefighter examination requirement; allow waiver based on certain military training. Amends sec. 9 of 1966 PA 291 (MCL 29.369).
Spectrum: Bipartisan Bill
Status: (Passed) 2013-11-13 - Assigned Pa 166'13 With Immediate Effect [HB4731 Detail]
Download: Michigan-2013-HB4731-Engrossed.html
HB-4731, As Passed House, June 13, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4731
A bill to amend 1966 PA 291, entitled
"Firefighters training council act,"
by amending section 9 (MCL 29.369), as amended by 2006 PA 213.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) The state fire marshal, with the approval of the
council, shall prepare and publish standards with due consideration
to varying factors and special requirements of organized fire
departments in the following areas:
(a) Advisory standards of physical, educational, mental and
moral fitness, which shall govern the recruitment, selection, and
appointment of firefighters.
(b) The approval by the council of firefighter training
schools. The standards shall address, at least, the following
issues:
(i) The qualification and certification of instructors.
(ii) The courses of study, attendance, record-keeping
requirements, equipment, and facilities.
(iii) The visitation and evaluation of instructors and schools.
(c) The establishment of subordinate regional training centers
in strategic geographic locations in order to serve the greatest
number of organized fire departments that are unable to support
their own training programs.
(2) Each organized fire department shall file a statement with
the council designating at least 1 training officer or training
coordinator for the fire department. If a training officer or
training coordinator is changed, the organized fire department,
within 7 days of the change, shall file a statement notifying the
council of the change.
(3) The council shall develop and provide to each organized
fire department, upon request of the organized fire department and
at no charge, a videotape, digital video disc, or other electronic
form of video display to be used in training firefighters. The
videotape, digital video disc, or other electronic form of video
display shall not include training that requires a practical
demonstration. The videotape, digital video disc, or other
electronic form of video display shall be based on the standards
for fire fighter I and fire fighter II set forth in "standard for
fire fighter professional qualifications", national fire protection
association standard no. 1001, 2002 edition. The council may impose
a reasonable fee for loss, damage, or late return of a videotape,
digital video disc, or other electronic form of video display
provided to an organized fire department under this subsection.
(4) The state fire marshal, with the approval of the council,
shall develop and administer an examination, which shall include a
practical demonstration, a written or oral test, or a combination
thereof, to determine a person's competency in regard to the
knowledge and skill requirements set forth in standards for fire
fighter I and fire fighter II set forth in "standard for fire
fighter professional qualifications", national fire protection
association
standard no. 1001. , 2002 edition. The council, upon
the request of an organized fire department, shall administer the
examination in each county at least once every year. The
examination shall be administered in 2 parts. Part 1 shall test the
knowledge and skill requirements set forth in fire fighter I, and
part 2 shall test the knowledge and skill requirements set forth in
fire fighter II. The examination may be retaken, as necessary, upon
request from an organized fire department.
(5)
Within Except as provided
in subsection (7), by 12 months
after a person's hiring date as a full-time firefighter, the person
must pass both part 1 and part 2 of the examination to be eligible
for continued or permanent full-time employment as a firefighter.
(6)
Within Except as provided
in subsection (7), by 24 months
after a person's appointment date as a volunteer or paid on-call
firefighter, a person must pass part 1 of the examination to be
eligible for continued volunteer or paid on-call service as a
firefighter.
(7)
The examination described in this section shall does not
apply to a person who is employed or under appointment as a
firefighter on October 1, 1988, unless the person subsequently
changes his or her status from a volunteer or paid on-call
firefighter to a full-time firefighter. The state fire marshal may
waive the examination requirements in this section for a veteran
who was not dishonorably discharged upon verification that the
veteran completed firefighter training that meets the standards for
fire fighter I and fire fighter II set forth in "standard for fire
fighter professional qualifications", national fire protection
association standard no. 1001, while serving in the armed forces of
the United States. As used in this subsection, "armed forces" means
that term as defined in section 2 of the veteran right to
employment services act, 1994 PA 39, MCL 35.1092.
(8) The state fire marshal, with the approval of the council,
shall review and monitor the state and federal standards relating
to live fire training exercises in structures and make
recommendations to the general industry safety standards commission
for any new or modified standards necessary for the protection of
firefighter trainees.
Enacting section 1. This amendatory act takes effect upon the
expiration of 90 days after the date it is enacted into law.
