Introduced by Committee on Government Operations

BILL AS INTRODUCEDH.525

2007Page 1

H.525

Introduced by Committee on Government Operations

Date:

Subject: Public safety; Vermont fire service training council; division of fire safety; chief fire service training officer

Statement of purpose: This bill proposes to: (1) limit reimbursement to members of the Vermont fire service training council for mileage expenses only; (2) modify the duties of the council; and (3) modify the powers and duties of the chief fire service training officer.

AN ACT RELATING TO THE VERMONT FIRE SERVICE TRAINING COUNCIL AND THE DIVISION OF FIRE SAFETY

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 20 V.S.A. § 3152 is amended to read:

§ 3152. VERMONT FIRE SERVICE TRAINING COUNCIL CREATED

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(b) Members of the council shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties mileage traveled at the rate paid state employees.

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(d) The council shall meet at least twice a year. Special meetings may be called by the chairperson or upon request of seven a majority of the members of the council.

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Sec. 2. 20 V.S.A. § 3153(a) is amended to read:

(a) The council shall:

(1) conduct and administer training schools and courses for firefighters;

(2) establish by rules adopted pursuant to chapter 25 of Title 3 (Administrative Procedure Act):

(A) minimum basic training courses for full time firefighters and minimum basic training courses which shall be made available, on a voluntary basis, to other firefighters. Courses for persons who are not full time firefighters shall be reasonable in terms of length, cost, location, and availability in light of the rural nature of the state and the high percentage of volunteer participation in fire service. They shall incorporate any distinct or limited functions performed by such firefighters;

(B) standards for approval of fire service training schools and courses, certification of instructors, and the grounds for revocation of approval or certification;

(C) the equipment and facilities to be required at approved fire service training schools;

(D) categories or classifications of in service training schools and courses;

(E) training requirements for certification and recertification of full time firefighters;

(F)(D) standards for recertification of full time firefighters who have not been actively involved in fire service for a three year period maintained their certification;

(G)(E) standards relating to waivers of the training requirements of section 3155 of this title;

(3)(2) encourage local governmental units to participate in the training programs established under this chapter and aid in the establishment of adequate training facilities;

(4)(3) serve as the lead agency for hazardous chemical or substance incident training provided to fire service personnel statewide. All state agencies providing such training to fire service personnel shall coordinate the training with the Vermont fire service training council;

(5) charge participants or employers of participants in fire service training programs as follows:

(A) No fee for the minimum basic training required pursuant to section 3155 of this title;

(B) Fifty five percent of the cost for the continuing training required pursuant to section 3155 of this title;

(C) Actual costs for courses by the National Fire Academy or the U.S. Fire Administration;

(D) Negotiated rates for other specifically requested courses.

Sec. 3. 20 V.S.A. § 3154 is amended to read:

§ 3154. EXECUTIVE DIRECTOR CHIEF FIRE SERVICE TRAINING
OFFICER; POWERS AND DUTIES

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(b) The chief fire service training officer shall have the following powers and duties which shall be exercised under the supervision of the director of fire safety and in accordance with rules adopted by the council:

(1) upon application, to approve fire service training schools and courses and revoke such approvals;

(2) to certify instructors for approved fire service training schools and courses;

(3)(2) to certify firefighters who have satisfactorily completed approved training schools and courses;

(3) to certify fire officers;

(4) to cause studies and surveys to be made relating to the establishment, operation and approval of fire service training schools to certify satisfactory completion of other courses;

(5) to consult and cooperate with fire service training schools:

(A) by recommending a course of study in fire service;

(B) in the development of advanced in service training courses for firefighters including a course of study in fire prevention; and

(C) in the development of specialized training programs for firefighters which may include courses of study in hazardous materials, public building codes, public fire education and other subjects related to the purposes of this chapter. and other allied agencies;

(6) to consult and cooperate with universities, colleges and other educational or vocational institutions in the development of specialized courses of study in fire service;

(7) to consult and cooperate with other departments and agencies of the state and federal government concerned with fire service training;

(8) to report to the council at each regular meeting of the council and at such other times as the council may require;

(9) subject to the approval of the council, appoint officers and employ employees, agents and consultants as he or she may deem necessary, and prescribe their duties; and

(10) to perform such other acts as may be necessary or appropriate to carry out his or her powers and duties under this chapter.

Sec. 4. 20 V.S.A. § 3155 is amended to read:

§ 3155. TRAINING REQUIRED

(a) A full time firefighter shall not participate in fire service activities unless he or she completes complete a minimum basic training course approved by the council and the continuing training required by the council for recertification in the time and manner prescribed by the council.

(b) Full time firefighters shall complete the training required by this section in the time and manner prescribed by the council.

(c) Upon written request from a chief of a fire department, the council may waive the training required under this section.

Sec. 5. 20 V.S.A. § 3157 is amended to read:

§ 3157. FIRE SERVICE TRAINING COUNCIL DIVISION OF FIRE
SAFETY SPECIAL FUND

The fire service training council division of fire safety special fund is established. The fund shall be administered by the commissioner of public safety from which payments may be made to support training programs and activities authorized by this chapter, maintenance and operation of any permanent training facilities operated by the council division of fire safety, and the administrative expenses of the council division of fire safety. The fund shall consist of all monies received from tuitions, contributions, capital grants, or other funds received by the council, transfers from the insurance regulatory and supervision fund under subsection 80(b) of Title 8, and assessments of insurance companies under subsection 8557(a) of Title 32, together with monies appropriated to the fund. Monies remaining in the fund at the end of any fiscal year shall be carried forward and remain in the fund. Disbursement from the fund shall be made by the state treasurer on warrants drawn by the commissioner of finance and management.

Sec. 6. REPEAL

20 V.S.A. § 3156 (additional firefighter training) is repealed.