Bill Text: MI HB6186 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Law enforcement; fire personnel; use of firefighting foam containing certain substances; prohibit in firefighter training, and require certain training on use. Amends secs. 2 & 9 of 1966 PA 291 (MCL 29.362 & 29.369) & adds sec. 9c.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6186 Detail]
Download: Michigan-2017-HB6186-Introduced.html
HOUSE BILL No. 6186
June 12, 2018, Introduced by Reps. Yaroch, Yanez, Sabo, Cochran and Allor and referred to the Committee on Natural Resources.
A bill to amend 1966 PA 291, entitled
"Firefighters training council act,"
by amending sections 2 and 9 (MCL 29.362 and 29.369), as amended by
2017 PA 144, and by adding section 9c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Airport rescue firefighter" means an employee of or
volunteer assigned by a political subdivision to assist an
organized fire department or public safety department who is
certified under National Fire Protection Association standard no.
1003 and meets the requirements of the Federal Aviation
Administration under 14 CFR part 139, whose job description,
duties, or responsibilities include responding to an aircraft
accident.
(b) "Certificate" means a numbered document issued by the
state fire marshal to a person who has obtained certification under
this act.
(c) "Certification" means either of the following:
(i) A determination by the state fire marshal that a person
meets the certification requirements for a position within the fire
service, as established by the council under this act. Recognized
positions in the fire service include, but are not limited to,
firefighter, fire chief, public safety director, fire inspector,
plans examiner, fire investigator, fire officer, hazardous
materials responder, technical rescue responder, airport rescue
firefighter, and fire service instructor. Certifications for each
position within the fire service must comply with the Michigan
occupational safety and health administration general industry
safety standard, R 408.17411 of the Michigan Administrative Code.
(ii) A determination by the state fire marshal that a person
was employed as a firefighter before October 1, 1988 and that the
person is otherwise authorized under this act to be employed as a
firefighter.
(d) "Contested case" means that term as defined in section 3
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.203.
(e) "Council" means the firefighters training council created
under section 3.
(f) "Executive secretary" means the executive secretary of the
council.
(g) "Felony" means a violation of the laws of this state,
another state, or the United States that is designated as a felony.
(h) "Firefighter" means a member of an organized fire
department or public safety department who is responsible for, or
is in a capacity that includes responsibility for, the
extinguishment of fires, the directing of the extinguishment of
fires, the directing or management of emergency response
activities, fire safety prevention inspection, plans examination,
fire investigation, hazardous materials response, technical rescue
response, airport rescue response, airport rescue firefighting,
fire service instruction, and the enforcement of the general fire
laws of this state and the community where he or she serves.
(i) "Firefighter training" means an education or training
program including a program eligible to receive funding from the
fireworks safety fund created in section 11 of the Michigan
fireworks safety act, 2011 PA 256, MCL 28.461, and other training
programs as approved by the state fire marshal, designed and
intended to enhance the ability of an organized fire department or
public safety department and the personnel of an organized fire
department or public safety department to safeguard life and
property from damage from explosion, fire, or disaster, and to
deliver fire suppression, emergency medical service, hazardous
material response, technical rescue, airport rescue and
firefighting, fire inspection, fire investigation, fire safety
education, and other related fire services.
(j) "Fire chief" means the individual who serves as the
administrative head of an organized fire department.
(k) "Fire inspector" means an employee of or volunteer
assigned by a political subdivision to assist an organized fire
department or public safety department whose job description,
duties, or responsibilities include, or who is in a capacity that
includes responsibility for, inspecting property for fire code
violations and enforcing the general fire codes of the jurisdiction
that he or she serves.
(l) "Fire instructor" means an employee of or volunteer
assigned by a political subdivision to assist an organized fire
department or public safety department, or other individual who is
certified to instruct 1 or more council-approved fire service
training programs.
(m) "Fire investigator" means an employee of or volunteer
assigned by a political subdivision to assist an organized fire
department or public safety department who is certified under
National Fire Protection Association standard no. 1033, whose job
description, duties, or responsibilities include investigating the
origin and cause of fires, and who has obtained the skills and
knowledge necessary to conduct, coordinate, and complete a fire
investigation. Fire investigator does not include a fire
investigator who is employed by a law enforcement agency as that
term is defined in section 2 of the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.602, other than a
public safety department, or a professional investigator licensed
under the professional investigator licensure act, 1965 PA 285, MCL
338.821 to 338.851.
(n) "Fire officer" means a current member of an organized fire
department or public safety department assigned a rank above
firefighter who is responsible for, or is in a capacity that
includes responsibility for, performing supervisory or management
responsibilities of an emergency or nonemergency nature within his
or her organized fire department or public safety department. Fire
officer includes titles such as sergeant, lieutenant, captain, and
chief officer.
(o) "Fire service" means the engaging in the directing or
management of emergency response activities, fire safety prevention
inspection, plans examination, fire investigation, hazardous
material response, technical rescue response, airport rescue
response, airport rescue firefighting, fire service instruction,
and the enforcement of the general fire laws of this state and the
communities therein by fire service members and organized fire
departments and public safety departments.
(p) "Fire service course" means a training course or activity
that is approved by the council and meets the standard for
firefighter training in subdivision (i).
(q) "Fire service discipline" means each of the respective
certifiable fire service positions included under this act. Fire
service discipline includes fire chief, fire inspector, fire
instructor, fire investigator, fire officer, public safety
director, plans examiner, firefighter, hazardous materials
responder, technical rescue responder, and airport rescue
firefighter.
(r) "Fire service member" or "member" means a person described
in
subdivision (a), (h), (j), (k), (l), (m), (n),
(u), (z), (cc),
(ee),
or (ff), (hh),
or (kk).
(s) "Full-time" means employment during which an individual
works scheduled shifts, is paid for all hours he or she works, and
works sufficient hours weekly to be classified as a full-time
employee by the applicable employing political subdivision.
(t) "Hazardous materials" means any chemical, substance,
compound, mixture, or other material defined as, designated as,
listed as, or having the same characteristics as any chemical
substance, compound, mixture, or material defined as, designated
as, or listed as hazardous under federal or state law or
regulations.
(u) "Hazardous materials responder" means an employee of or
volunteer assigned by a political subdivision to assist an
organized fire department or public safety department who is
certified under National Fire Protection Association standard no.
1072 and who is trained to or whose responsibilities include,
responding to and being actively involved with the mitigation of a
hazardous materials incident including a weapon of mass destruction
event.
(v) "Hazardous materials response" means any response to an
event involving any chemical, substance, compound, mixture, or
other material defined as, designated as, listed as, or having the
same characteristics as any substance, compound, mixture, or
material defined as, designated as, or listed as hazardous under
federal or state law or regulation.
(w) "Organized fire department" means that term as defined in
section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.
(x) "Paid on-call" means employment during which an individual
works on an on-call basis, is paid for all hours he or she works,
and only occasionally works scheduled shifts.
(y) "Part-time" means employment during which an individual is
paid for all hours he or she works and works scheduled shifts but
works fewer hours weekly than the hours necessary to be classified
as a full-time employee by the applicable employing political
subdivision.
(z) "PFAS" means a perfluoroalkyl or polyfluoroalkyl
substance. PFAS includes, but is not limited to, PFOA and PFOS.
(aa) "PFOA" means perfluorooctanoic acid (Chemical Abstract
Service no. 335-6T-1).
(bb) "PFOS" means perfluorooctane sulfonate (Chemical Abstract
Service no. 1763-23-1).
(cc)
(z) "Plans examiner" means an employee of or
volunteer
assigned by a political subdivision to assist an organized fire
department or public safety department who is certified under
National Fire Protection Association standard no. 1031 and whose
job description, duties, or responsibilities include conducting
plan reviews of construction documents for compliance with the
general fire codes of the community that he or she serves.
(dd) (aa)
"Political subdivision"
means a county,
municipality, school district, or any other local governmental
unit, agency, body, board, or commission but does not include a
state department, board, commission, or agency of state government.
(ee) (bb)
"Public safety
department" means a department of a
political subdivision providing both law enforcement and fire
services either separately or utilizing a combined response force
with personnel trained and certified as both firefighters under
this act and law enforcement officers under the Michigan commission
on law enforcement standards act, 1965 PA 203, MCL 28.601 to
28.615, under the direction and administration of a single
director.
(ff) (cc)
"Public safety director"
means the individual who
serves as the administrative head of a public safety department.
(gg) (dd)
"Rule" means a rule
promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(hh) (ee)
"Technical rescue
responder" means an employee of or
volunteer assigned by a political subdivision to assist an
organized fire department or public safety department who is
certified under National Fire Protection Association standard no.
1006 and who has received training in the application of special
knowledge, skills, and equipment to safely resolve unique and
complex rescue situations.
(ii) (ff)
"Technical rescue
response" means those aspects of
saving life or property that employ the use of tools and skills
that exceed those normally reserved for firefighting, medical
emergency, and rescue. These disciplines include, but are not
limited to, rope rescue, confined space rescue, trench and
excavation rescue, and building collapse rescue.
(jj) (gg)
"Volunteer" means
appointment or employment for
which an individual receives no compensation for work provided, or
appointment or employment for which an individual receives
compensation in the form of reasonable expenses incurred during the
course of his or her appointment or employment or other reasonable
benefits, including, but not limited to, length of service awards
or nominal fees.
(kk) (hh)
"Volunteer firefighter"
or "paid on-call
firefighter" means an individual who is charged with the prevention
or suppression of fires and who is directly engaged in the hazards
of firefighting or in charge of a designated fire company or
companies that are directly engaged in the hazards of firefighting
on a volunteer or paid on-call basis. Volunteer or paid on-call
firefighter does not include a full-time firefighter.
Sec. 9. (1) The state fire marshal, with the approval of a
majority of the council, shall prepare and publish rules that
establish minimum standards for certification as a fire service
member. The standards established under this section must comply
with the Michigan occupational safety and health administration
general industry safety standard, R 408.17411 of the Michigan
Administrative Code and section 9c. To maintain compliance with the
Michigan occupational safety and health administration general
industry safety standard, R 408.17411 of the Michigan
Administrative Code, the employer of a fire service member shall
provide initial and continued training to the member commensurate
with and specific to the duties that the member is expected to
perform. The training described in this section and section 9c must
be provided before the member is permitted to perform emergency
operations.
(2) The state fire marshal, with the approval of a majority of
the council, shall do all of the following:
(a) Create advisory standards of physical, criminal history,
and educational fitness that govern the recruitment, selection, and
certification of a person as a fire service member.
(b) Develop and administer certification examinations, testing
procedures, and reciprocity recognition for credentialing in the
various fire service disciplines recognized under this act. The
requirements for each fire service discipline must meet the
respective professional qualifications in the current and
appropriate National Fire Protection Association standard.
(c) Establish subordinate regional training centers in
strategic geographic locations in order to serve the greatest
number of organized fire departments and public safety departments
that are unable to support their own training programs.
(d) Develop and administer certification examinations that
include a practical demonstration and a written or oral test to
determine a person's competency in regard to the knowledge and
skill requirements in the current edition of the National Fire
Protection Association standards for each of the fire service
disciplines recognized under this act. The state fire marshal, or
his or her designee, shall, upon request, administer the
examination in each county of this state not less than once
annually. The examination may be administered in 2 parts. If the
examination is administered in 2 parts, part 1 of the examination
must test the knowledge and skill requirements set forth in the
standards for fire fighter I in the current edition of the
standards for Fire Fighter Professional Qualifications, National
Fire Protection Association standard no. 1001, and part 2 of the
examination must test the knowledge and skill requirements set
forth in the standards for fire fighter II in the current edition
of the standards for Fire Fighter Professional Qualifications,
National Fire Protection Association standard no. 1001. The
examination may also be administered as a combined fire fighter I
and fire fighter II examination if a combined examination is
requested by a county training committee or regional training
center.
(e) Establish eligibility criteria for students to retake a
failed written, oral, or practical certification examination.
(3) A person who is hired or appointed as a full-time or part-
time firefighter shall pass both part 1 and part 2 of the
certification examination described in subsection (2)(d) not more
than 12 months after he or she is hired or appointed as a full-time
or part-time firefighter to be eligible to continue his or her
employment or appointment as a full-time or part-time firefighter.
(4) A person who is hired or appointed as a volunteer or paid
on-call firefighter shall pass part 1 of the certification
examination described in subsection (2)(d) not more than 24 months
after he or she is hired or appointed as a volunteer or paid on-
call firefighter to be eligible to continue his or her employment
or appointment as a volunteer or paid on-call firefighter, as
applicable.
(5) The certification examination requirement under this
section does not apply to a person who was employed or under
appointment as a firefighter on or before October 1, 1988, unless
the person subsequently seeks to change his or her status from a
volunteer or paid on-call firefighter to a part-time or full-time
firefighter.
(6) The state fire marshal may waive the examination
requirements under this section for a veteran who served in and is
separated from the armed forces and provides a form DD214, a form
DD215, or any other form that is satisfactory to the department of
licensing and regulatory affairs that demonstrates that he or she
was separated from service with an honorable character of service
or under honorable conditions (general) character of service, upon
verification that the veteran completed firefighter training that
meets the standards for fire fighter I and fire fighter II in the
standards 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 the Army, Air Force, Navy, Marine Corps, Coast
Guard, or other military force designated by Congress as part of
the Armed Forces of the United States.
(7) Except as otherwise provided in this subsection, the state
fire marshal shall waive the examination requirements under this
section and extend reciprocity certification to a person from
another state who seeks to become employed or volunteer in the fire
service in this state if the person was certified in the other
state after successfully completing a program that meets or exceeds
the National Fire Protection Association standards for the
applicable fire service discipline recognized under this act. The
state fire marshal shall not waive the certification examination
for a person who was certified in another state if either of the
following applies:
(a) The person's out-of-state certification was revoked by
that state or another issuing organization.
(b) The person has been convicted of a felony under the laws
of this state, another state, or the United States.
(8) Certification as a fire service member granted to a person
under this act is valid unless or until the council revokes the
certification as part of a disciplinary action.
(9) The state fire marshal shall issue a certificate to a
person who is certified under this act not more than 30 days after
the person becomes certified. A certificate issued under this act
remains the property of the state fire marshal.
(10) The state fire marshal and the council shall review and
monitor the state and federal standards relating to live fire
training exercises in structures and make recommendations regarding
the general industry safety standards for any new or modified
standards necessary for the protection of firefighter trainees
under part 74 of the Michigan occupational safety and health
administration general industry safety standard, R 408.17401 to R
408.17464 of the Michigan Administrative Code.
(11) Not later than 1 year after obtaining a waiver of the
examination requirements under subsection (6) or (7), the veteran
or person certified in another state must complete the training
required under section 9c.
Sec. 9c. (1) Firefighting foam containing PFAS with a carbon
chain of 6 or more must not be used in any firefighter training
required under this act.
(2) Firefighter training required under this act must include
both of the following subjects regarding PFAS with a carbon chain
of 6 or more:
(a) The proper use and storage of firefighting foam containing
the PFAS.
(b) The best environmental and public health practices
following the use, including, but not limited to, containment and
proper disposal, of firefighting foam and water containing the
PFAS.
