Bill Text: WV SB471 | 2021 | Regular Session | Introduced
Bill Title: Updating firefighter training requirements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-26 - To Government Organization [SB471 Detail]
Download: West_Virginia-2021-SB471-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
Senate Bill 471
By Senator Maynard
[Introduced February 26,
2021; referred
to the Committee on Government Organization]
A BILL to amend and reenact §15A-11-8 and 15A-11-9 of the Code of West Virginia, 1931, as amended, all relating to requiring the fire officer 2 training to contain a component on current laws, rules, and regulations governing the fire service; requiring the firefighter 1 training to contain a section on the Fire Commission, Fire Marshal’s Office, and the operations of both; establishing a mandatory certification program for fire chiefs, or acting chiefs, of every fire department; requiring the Fire Commission propose emergency legislative rules and legislative rules to implement the certification process; setting forth the process of denial, suspension, or revocation of fire departments, chiefs, or acting chiefs, and the conditions under which the certification can be denied, suspended, or revoked; allowing persons with specialized training to be members of volunteer fire departments who are not certified as firefighters; limiting the actions of specialized members of fire departments who are not certified firefighters; requiring the Fire Commission to propose emergency legislative rules and legislative rules to implement the process of allowing specialized members of departments; allowing the Fire Commission to propose emergency rules and legislative rules governing the activities of junior firefighters; requiring the Fire Marshal to issue certificates to departments following a department evaluation; and requiring that certificate of evaluation be posted at the fire department in a conspicuous place to be visible to members of the department and to members of the public.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11. FIRE COMMISSION.
§15A-11-8. Powers, duties, and authority of State Fire Commission.
(a) All state and area training and education in fire service shall be coordinated by the State Fire Commission. The State Fire Marshal shall ensure that these programs are operated throughout the state at a level consistent with needs identified by the commission. Beginning on the effective date of this section, all trainings approved by the State Fire Commission for Fire Officer 2, shall contain a section on the current laws, rules and regulations governing the fire service. All trainings approved by the State Fire Commission for Firefighter 1, shall contain a section on the Fire Commission, and the Fire Marshal’s Office, and the operations of both.
(b) The State Fire Commission may make recommendations to the State Insurance Commissioner regarding town classifications for fire insurance rates.
(c) The formation of any new fire department, including volunteer fire departments, requires the concurrence of the State Fire Commission. The State Fire Commission shall develop a method of certification which can be applied to all fire departments and volunteer fire departments.
(d) (e) The State Fire Commission shall develop a
plan for fire prevention and control which shall include, but not be limited
to, the following areas: manpower needs, location of training centers, location
of fire prevention and control units, communications, fire-fighting facilities,
water sources, vehicular needs, public education and information, public participation,
standardization in recordkeeping, evaluation of personnel, reporting of fire
hazards, programs on mutual aid, location of public safety agencies, outline of
fire prevention programs, and accessibility of fire prevention information.
(e) (f) The State Fire Commission shall establish
fire protection areas and at such times as funds are available shall establish
field offices for inspection, planning, and certification.
(f) (g) The State Fire Marshal may accept, on
behalf of the State Fire Commission, gifts, grants, court-ordered civil
forfeiture proceedings, and bequests of funds or property from individuals,
foundations, corporations, the federal government, governmental agencies, and
other organizations or institutions. The State Fire Marshal, acting on behalf
of the State Fire Commission, may enter into, sign and execute any agreements,
and do and perform any acts that may be necessary, useful, desirable, or
convenient to effectuate the purposes of this article. Moneys from gifts,
grants, civil forfeiture proceedings, and bequests received by the State Fire
Marshal shall be deposited into the special account set forth in §15A-10-7 of
this code, and the State Fire Marshal, with the approval of the State Fire
Commission, has the authority to make expenditures of, or use of any tangible
property, in order to effectuate the purposes of this article.
(g) (h) The State Fire Commission shall establish
standards and procedures for fire departments to implement the provisions of
this section with regard to the following:
(1) Fire prevention and control;
(2) Uniform standards of performance, equipment, and training;
(3) Certification;
(4) Training and education in fire service, subject to the rule-making requirements set forth in section nine of this article; and
(5) The creation, operation, and responsibilities of fire departments throughout the state.
(h) (i) The State Fire Commission may establish
advisory boards as it considers appropriate to encourage representative
participation in subsequent rulemaking from groups or individuals with an
interest in any aspect of the State Fire or Building Code or related
construction or renovation practices.
(i) (j) The State Fire Commission may deny,
suspend, or revoke certification of any fire Department, or any chief or
acting chief, in the State of West Virginia if a fire department is not in
compliance with all applicable laws, rules and regulations, or the chief or
acting chief, does not operate the department in compliance with all applicable
laws, rules and regulations, or allows the department, or members of the
department to act or operate in a manner that is not in compliance with all
applicable laws, rules and regulations.
(j) (k) Appeals from any final decision of the
Fire Commission shall be heard by the Office of Administrative Hearings
pursuant to this chapter, except as otherwise provided in §15A-10-9(b) of
this code.
(l) The State Fire Commission shall develop procedures to authorize persons with specialized training, but who are not certified as firefighters, to be members of a volunteer fire department to only perform specialized functions, none of which shall be or include fire-fighting or the support of fire-fighting. These specialized functions can include, but are not limited to, swift water rescue, search and rescue, trench rescue, and confined space rescue. The State Fire Commission shall propose legislative rules, and may propose emergency legislative rules, for promulgation in accordance with § 29A-3-1 et seq. of this code to implement this program, and to set minimum training standards for these types of specialized members.
(m) The State Fire Commission shall, in compliance with §21-6-11 of this code, propose emergency legislative rules for promulgation in accordance with § 29A-3-1 et seq. of this code to specify what activities junior fire fighters may and may not participate in.
§15A-11-9. Volunteer firefighters’ training and equipment.
(a) The State Fire Commission shall maintain oversight and authority over training, equipment requirements, and performance standards for volunteer fire departments and its members, establishing and maintaining said requirements pursuant to legislative rule, in accordance with the provisions of §29A-3-1 et seq. of this code, to establish training requirements for firefighters which:
(1) Provide for:
(A) Minimum training levels for rescue and firefighting;
(B) Minimum levels of equipment needed to protect life and property within fire service areas;
(C) Minimum performance standards the departments must meet in response times, communications, levels of water flow, and pressure; and
(D) Other performance measures as considered necessary to meet the overall goals of improved fire prevention and control;
(2) Allow the training to be offered in segments, blocks, or modules: Provided, That no firefighter may engage in firefighting activities, except in response to wildland fires, until he or she has completed all firefighter one training: Provided, however, That support members may provide ancillary assistance to firefighters as defined by the rule;
(3) Provide for online training;
(4) Allow testing to be done in person or online; and
(5) Establish the testing requirements which include:
(A) If the individual is required to test in person, then the tests must be given regionally at various times throughout the year; or
(B) If the individual is authorized to test online, then the requirements for online testing must be established.
(b) Notwithstanding any provision of this code to the contrary, the State Fire Commission may establish or continue a pilot project program which implements changes to standards imposed on volunteer firefighting that address problems facing volunteer fire departments in the state, including issues related to training, recruitment, and retention.
(1) The State Fire Commission may limit the number of participating volunteer fire departments in the pilot project program.
(2) The State Fire Commission shall set the rules and conditions for participating volunteer fire departments by policies adopted and ratified by the commission.
(3) On July 1 of each year, the State Fire Commission shall annually provide a full summary report of the status of the program to the Joint Committee on Government and Finance.
(c) After conducting its evaluations of any fire department, the Office of the State Fire Marshal shall issue a certificate of evaluation to the chief of that department, which shall be made and issued in duplicate. The certificate of evaluation shall show the date of each evaluation and the notations relating thereto by the Office of the State Fire Marshal, and the most recent certificate of evaluation shall be posted at the fire department in such a conspicuous place and manner that the results are visible to the members of the department, and to members of the public.
NOTE: The purpose of this bill is to mandate certification for certain members of fire departments, require certain types of training, allow specialized personnel who are not firefighters to be members of a department, and require the postings of fire department evaluations.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
