Bill Text: MI SB0264 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Law enforcement; fire personnel; firefighters training council act; modify. Amends secs. 2, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 13, 14 & 16 of 1966 PA 291 (MCL 29.362 et seq.) & adds secs. 9b & 11a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-11-07 - Assigned Pa 0144'17 With Immediate Effect [SB0264 Detail]
Download: Michigan-2017-SB0264-Engrossed.html
SB-0264, As Passed House, October 11, 2017
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 264
A bill to amend 1966 PA 291, entitled
"Firefighters training council act,"
by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 13,
14, and 16 (MCL 29.362, 29.363, 29.364, 29.365, 29.366, 29.367,
29.368, 29.369, 29.369a, 29.370, 29.371, 29.372, 29.373, 29.374,
and 29.376), sections 2, 13, and 14 as amended by 2016 PA 405,
sections 3, 4, 5, 8, and 11 as amended by 2006 PA 213, section 6 as
amended and section 9a as added by 1980 PA 10, and section 9 as
amended by 2015 PA 203, and by adding sections 9b and 11a.
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) (a)
"Council" means the
firefighters training council
created under section 3.
(f) (b)
"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) (c)
"Firefighter" means a
member , including volunteer
members
and members paid on call, 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 prevention
and
detection of fires, and the enforcement of the general fire
laws
of this state. Firefighter does not include a person whose job
description,
duties, or responsibilities do not include direct
involvement
in fire suppression.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.
(d)
"Organized fire department" means that term as defined in
section
1 of the fire prevention code, 1941 PA 207, MCL 29.1.
(i) (e)
"Firefighter training"
means an education or training
program
including a program eligible to receive grants for
firefighter
training 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.
Firefighter training includes, but is not limited to, the
training
required for fire fighter I and fire fighter II standards
under
"standard for fire fighter professional qualifications",
National
Fire Protection Association standard no. 1001.
(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 (hh).
(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) "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.
(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.
(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.
(cc) "Public safety director" means the individual who serves
as the administrative head of a public safety department.
(dd) "Rule" means a rule promulgated under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(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.
(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.
(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.
(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. 3. (1) The firefighters training council is created in
the
bureau of fire services in the department of labor and economic
growth
licensing and regulatory
affairs and shall consist consists
of
7 9 members selected as follows:
(a) The state fire marshal, or his or her designated
representative,
shall be ex-officio ex
officio a member.
(b) Eight members appointed by the governor as follows:
(i) (b)
Two members appointed to the
council by the governor
from
a list of 5 or more members submitted by the Michigan
association
of fire chiefs.Association of
Fire Chiefs or its
successor organization.
(ii) (c)
One member appointed to the
council by the governor
from
a list of 3 or more members submitted by the Michigan
professional
fire fighters union.Professional
Fire Fighters Union
or its successor organization.
(iii) (d)
One member appointed to the
council by the governor
from
a list of 3 or more names submitted by the Michigan state
firemen's
association.State Firemen's
Association or its successor
organization.
(iv) (e)
One member appointed to the
council by the governor
from
a list of 3 or more names submitted by the Michigan fire
service
instructors association.Fire
Service Instructors
Association or its successor organization.
(v) One member from a list of 3 names submitted by the
Michigan Fire Inspectors Society or its successor organization.
(vi) (f)
One member appointed to the
council by the governor
from
a list of 2 or more names submitted by the Michigan townships
association
Townships Association and 2 or more names submitted by
the
Michigan municipal league.Municipal
League or a respective
successor organization.
(vii) One member from a list of 3 names submitted by the state
fire marshal. The 3 individuals whose names are submitted under
this subparagraph shall be active fire service members.
(2)
All appointments made by the governor shall must be
with
the advice and consent of the senate.
Sec.
4. A member of the council appointed before January 1,
2007
shall be appointed for a term of 3 years. A member of the
council
appointed after December 31, 2006 shall be appointed for a
term
of 4 years. A vacancy created other than by expiration of a
term
shall be appointed for the unexpired term of the member who is
to
succeed in the same manner as the original appointment.
Beginning with the members first appointed after the effective date
of the amendatory act that added section 9b, a member of the
council must be appointed for a term of 4 years. A vacancy created
by the expiration of a term or in any other manner must be filled
in the same manner as the original appointment. Any member may be
reappointed for additional terms.
Sec.
5. (1) The governor may designate shall appoint a member
of the council to serve as chairperson of the council at the
pleasure of the governor.
(2)
The council may designate shall appoint a member of the
council
to serve as vice-chairperson to
serve for 1 year. for 2
years.
The vice-chairperson may be reelected.
Membership on the
council
does not constitute holding a public office.reappointed.
(3) Members of the council are not required to take and file
oaths of office before serving on the council. The council shall
not exercise any portion of the sovereign power of this state.
(4) A member of the council is not disqualified from holding
any public office or employment by reason of his or her appointment
to
membership on the council, nor shall he or she forfeit any such
office or employment by reason of his or her appointment,
notwithstanding the provisions of any general, special, or local
laws or ordinances or city charters.
Sec.
6. (1) The council shall meet at least not fewer than 4
times each year and shall hold special meetings when called by the
chairperson or, in the absence of the chairperson, by the vice-
chairperson. or
when A special meeting of the
council must be
called by the chairperson upon the written request of 4 members of
the council.
(2)
The business which the council may
perform shall be
conducted
council shall conduct its
business at a public meeting of
the
council held in compliance with Act
No. 267 of the Public Acts
of
1976, as amended, being sections 15.261 to 15.275 of the
Michigan
Compiled Laws. the open
meetings act, 1976 PA 267, MCL
15.261 to 15.275. Public notice of the time, date, and place of the
meeting
shall must be given in the manner required by Act No. 267
of
the Public Acts of 1976, as amended. the open meetings act, 1976
PA 267, MCL 15.261 to 15.275. The council shall establish its own
procedures and requirements with respect to quorum, place, and
conduct of its meetings and other matters.
Sec.
7. The council shall make provide
an annual report to the
governor
and each house of the legislature which will include that
includes pertinent data regarding the standards established and the
degree
of participation of municipalities in the training
program.organized fire departments and public safety departments
in
the training programs established under this act.
Sec. 8. The members of the council shall serve without
compensation,
but shall be are entitled to their actual expenses in
attending
meetings and in the performance of their duties. ,
subject
to available appropriations.
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 with due
consideration to varying
factors
and special requirements of organized fire departments in
the
following areas: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. 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 must be provided before the member is
permitted to perform emergency operations.
(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, as proposed by the state fire marshal, training
material
in an electronic format to be used in training
firefighters.
The electronic training material 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.
(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. 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)
Except as provided in subsections (7) and (9), 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)
Except as provided in subsections (7) and (9), 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 requirements under this section do 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 under this section for a veteran
who
served in and is separated from the armed forces and provides a
form
DD214 or DD215 or any other form that is satisfactory to the
department
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 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.
(9)
The state fire marshal shall waive the examination
requirements
under this section and extend reciprocity
certification
to a firefighter from another state who seeks to work
as
a firefighter in this state if the firefighter was certified in
the
other state after successfully completing a program that meets
or
exceeds 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 by an
international
accreditation fire service organization.
(10)
The presentation of records evidencing certification
under
subsection (9) shall automatically result in certification by
this
state.
(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.
Sec. 9a. A writing prepared, owned, used, in the possession
of, or retained by the council in the performance of an official
function
shall must be made available to the public in compliance
with
Act No. 442 of the Public Acts of 1976, as amended, being
sections
15.231 to 15.246 of the Michigan Compiled Laws.the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 9b. An organized fire department or public safety
department shall maintain an employment history record for each
fire service member employed by the organized fire department or
public safety department.
Sec.
10. (1) The council may enter into agreement with other
agencies,
colleges and universities to carry out the intent of this
act.Each organized fire department or public
safety department or
local government clerk shall file a statement with the council
designating the chief or director of the department and providing
contact information for the organized fire department or public
safety department. If the department chief or director changes, the
organized fire department or public safety department shall notify
the council in writing by filing a statement of the change not more
than 7 days after the change.
(2) The council shall develop and provide to each organized
fire department or public safety department, upon request of the
organized fire department or public safety department and at no
charge, a digital video disc or other electronic form of video
display to be used in training firefighters. The digital video disc
or other electronic form of video display must be based upon the
council-approved training programs. The council may impose a
reasonable fee for loss, damage, or late return of a digital video
disc or other electronic form of video display provided to an
organized fire department or public safety department under this
section. The council shall have available not fewer than 2 copies
of each digital video disc or other electronic form of video
display for an organized fire department's or public safety
department's use.
(3) The council shall make recommendations with respect to
both of the following:
(a) The category or classification of advanced in-service
training programs for all fire service disciplines and minimum
courses of study and attendance requirements for the category or
classification needed for certification under this act.
(b) The standards required under this act for certification in
each of the fire service disciplines.
Sec.
11. (1) The Under
the direction of the state fire
marshal, or
the council may do all of the
following:
(a) Visit and inspect any firefighter training school, or
examine the curriculum or training procedures, for which
application for approval has been made.
(b) Issue certificates to firefighter training schools
qualifying under the regulations promulgated under this act.
(c) Authorize the issuance of certificates of graduation or
diplomas
by approved firefighter training schools to firefighters
students
who have satisfactorily completed the minimum
courses of
study.requirements in each of the fire service
courses.
(d) Cooperate with state, federal, and local fire agencies in
establishing and conducting local or area schools or regional
training centers for instruction and training of firefighters of
this state and its cities, counties, townships, and villages.
(e) Make recommendations to the state fire marshal, the
governor, and the legislature on matters pertaining to
qualification
and training of firefighters.fire
service members.
(f) Establish preservice basic training programs at high
schools, colleges, community colleges, and universities.
(g) Require an examination in order to pass each of the fire
service courses qualifying under the standards set forth in this
act.
(h) Establish continuing education requirements for
maintaining certification under this act.
(i) Establish the requisite level of fire instructor activity
to maintain certification as a fire instructor.
(j) Establish and charge a fee to recover the cost of testing
and training provided to a person who is not employed by an
organized fire department or public safety department of this state
and who is seeking to be employed as a fire service member.
(k) Promulgate rules for the development, conduct, and
responsibilities of a county training committee in each county in
this state.
(2) The council may allow 2 or more counties to form and
jointly operate a regional training committee charged with the
oversight of training needs in those counties.
(3) Fees collected under subsection (1)(j) must be deposited
into the fireworks safety fund created in section 11 of the
Michigan fireworks safety act, 2011 PA 256, MCL 28.461.
Sec. 11a. The fire marshal, with the approval of the council,
shall promulgate rules establishing a disciplinary process for the
suspension or revocation of certification and any necessary
retraining requirements to maintain or restore certification after
a suspension or revocation for a fire service member for 1 or more
of the following:
(a) Conviction of a felony.
(b) Making a materially false statement, causing a materially
false statement to be made, or otherwise committing fraud during
the application for certification process.
(c) Violating council and fire marshal-adopted policies
regarding a fire service member's use of the fire marshal's
training information network because the fire service member
wrongfully disclosed exam information from the fire marshal's
information network.
Sec.
12. There The council shall be an appoint an executive
secretary
of the council who shall be appointed by the council, and
who
shall hold office during at the
pleasure of the council. He The
executive
secretary shall perform such the functions
and duties as
may
be assigned to him by the
council. He The executive
secretary
shall receive compensation and reimbursement for expenses within
the amounts available by appropriation.
Sec. 13. (1) Firefighter training provided under this act
shall
must be funded by the money collected from fireworks
safety
fees imposed under section 8 of the Michigan fireworks safety act,
2011 PA 256, MCL 28.458, and the fees collected under section 11 of
this act and deposited in the fireworks safety fund created in
section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL
28.461.
The fund shall must be distributed to fund firefighter
training programs as provided in section 11 of the Michigan
fireworks safety act, 2011 PA 256, MCL 28.461.
(2) Firefighter training provided under this act may also be
funded by any additional funding sources identified by the council
or state fire marshal.
Sec. 14. (1) From the amount annually deposited in and
appropriated to the fireworks safety fund for firefighter training
under section 11 of the Michigan fireworks safety act, 2011 PA 256,
MCL 28.461, the council may request and the state fire marshal may
approve annual training expenditures for the purposes of payments
to
counties to reimburse organized fire departments for firefighter
training
and other activities required under this act. The state
fire
marshal may deny requests not meeting the requirements of this
act.the designated fiduciary of each county's
training committee to
fund firefighter training and provide for firefighter training
equipment and other related activities required under this act. The
state fire marshal may deny requests not meeting the requirements
of this act.
(2)
The money approved under subsection (1) shall must be
disbursed
to counties county
training committees using a formula
composed 70% of county population and 30% of square miles within
the county. A minimum disbursement to each county training
committee may be requested by the council and approved by the state
fire marshal.
(3) The chairperson of a firefighter training committee
established in each county shall survey the training needs of
organized fire departments and public safety departments in the
county
and shall distribute the money received by the county under
this
section expend money for
firefighter training, firefighter
training equipment, or other activities required under this act as
prioritized by the organized fire departments or public safety
departments in the county. If money distributed to a county under
this section for a fiscal year is not designated by the chairperson
for
distribution to organized fire departments in expenditure as
provided in this subsection by the county by January 1 of the
fiscal
year, the undesignated money shall must be returned to the
council and may be redistributed by the council through the
application process under section 15. The state fire marshal may
deny requests for redistribution that do not meet the requirements
of this act. The council shall deposit undesignated money that is
not redistributed through an application under section 15 into the
fireworks safety fund created in section 11 of the Michigan
fireworks safety act, 2011 PA 256, MCL 28.461.
(4)
Money shall must be distributed under this section only to
support training for personnel from an organized fire department or
public safety department that has adhered to the standards
established under this act for personnel recruited or trained by
the organized fire department or public safety department during
the current and prior fiscal years and that has complied with the
incident reporting requirements under section 4 of the fire
prevention code, 1941 PA 207, MCL 29.4, during the 12 months
preceding an application made under this act.
Sec. 16. The council shall adopt rules and regulations in
accordance
with the provisions of Act No. 88 of the Public Acts of
1943,
as amended, being sections 24.71 to 24.82 of the Compiled
Laws
of 1948, and subject to Act No. 197 of the Public Acts of
1952,
as amended, being sections 24.101 to 24.110 of the Compiled
Laws
of 1948.administrative
procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328, to carry out its duties under this act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
