March 14, 2006, Introduced by Reps. Farhat and Kolb and referred to the Committee on Appropriations.
A bill to amend 1966 PA 291, entitled
"Fire fighters training council act of 1966,"
by amending the title and sections 3, 9, 11, and 14 (MCL 29.363,
29.369, 29.371, and 29.374), the title and section 3 as amended by
1987 PA 196 and section 9 as amended by 1988 PA 458.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to provide for the creation of a create the fire
fighters
training council; to provide for prescribe the powers
and duties of the council, the state fire marshal, and certain fire
departments or
and other organizations; to provide
for the
establishment
of create the fire fighters training council fund
and
to provide for allocations
therefrom from the fund to local
agencies
of government participating in a fire fighters
firefighters training program; and to make an appropriation.
Sec.
3. (1) The fire fighters training council is hereby
created within
in the bureau of fire
services in the department
of state
police labor and economic
growth and shall consist of 7
members selected as follows:
(a)
The director of state police state fire marshal, or his
or her designated representative, shall be ex-officio a member.
(b) Two members appointed to the council by the governor from
a
list of 5 active or
more members submitted by the Michigan
association
of fire chief's association chiefs.
(c) One member appointed to the council by the governor from a
list
of 3 active fire fighters or more members submitted by the
Michigan state
fire fighter's association professional
fire
fighters union.
(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.
(e) One member appointed to the council by the governor from a
list
of 3 or more names submitted by the metropolitan club of
America,
incorporated Michigan fire
services instruction
association.
(f) One member appointed to the council by the governor from a
list of 2 or more names submitted by the Michigan townships
association and 2 or more names submitted by the Michigan municipal
league.
(2) All appointments made by the governor shall be with the
advice and consent of the senate.
Sec. 9. (1) The state fire marshal, in conjunction with the
council, shall prepare and publish standards with due consideration
to varying factors and special requirements of fire departments or
other organizations in the following areas:
(a) Advisory standards of physical, educational, mental and
moral fitness, which shall govern the recruitment, selection, and
appointment
of fire fighters firefighters.
(b)
The approval by the council of fire fighter 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.
by
the council.
(c) The establishment of subordinate regional training centers
in strategic geographic locations in order to serve the greatest
number of fire departments that are unable to support their own
training programs.
(2) Each fire department or other organization shall file a
statement with the council designating at least 1 training officer
or
training coordinator for the fire department. by November 30,
1988.
If a training officer or training coordinator is
changed,
the fire department or other organization, 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 fire
department or other organization, upon request of the fire
department or other organization and at no charge, a videotape to
be
used in training fire fighters firefighters. The videotape
shall not include training that requires a practical demonstration.
The videotape shall be based on the fire fighters I and II
standards
set forth in the "standard for fire fighter
professional qualifications", national fire protection association
pamphlet
standard no. 1001,
1987 2002 edition.
The council may
impose a reasonable fee for loss, damage, or late return of a
videotape provided to a fire department or other organization under
this subsection.
(4) The state fire marshal, in conjunction with 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 fire fighter I and II
standards
of the "standard for fire fighter professional
qualifications",
national fire protection association
pamphlet
standard
no. 1001, 1987 2002 edition.
The council, upon the
request of a fire department or other organization, 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 a fire department or other
organization.
(5) Within 12 months after a person's hiring date as a full-
time fire
fighter 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 fire fighter firefighter.
(6) Within 24 months after a person's appointment date as a
volunteer
or paid on-call fire fighter firefighter, a person must
pass part 1 of the examination to be eligible for continued
volunteer
or paid on-call service as a fire fighter firefighter.
(7) The examination described in this section shall not apply
to
a person who is employed or under appointment as a fire
fighter
firefighter
on October 1, 1988, unless a the
person subsequently
changes
his or her status from a volunteer or paid on-call fire
fighter
firefighter to a full-time fire fighter firefighter.
(8) The state fire marshal, in conjunction with 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 which in their opinion are
necessary
for the protection of fire fighter firefighter
trainees.
Sec. 11. The state fire marshal and the council may:
(a)
Visit and inspect any fire fighter firefighter training
school, or examine the curriculum or training procedures, for which
application for approval has been made.
(b)
Issue certificates to fire fighter firefighter training
schools
qualifying under the regulations of the council
promulgated under this act.
(c) Authorize the issuance of certificates of graduation or
diplomas
by approved fire fighter firefighter training
schools to
fire
fighters firefighters who have satisfactorily completed
minimum courses of study.
(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
fire fighters
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 fire fighters firefighters.
Sec. 14. (1) The amounts annually appropriated by the
legislature shall be paid by the state treasurer in accordance with
the
accounting laws of the this
state upon certification of the
executive secretary of the council for the purpose of reimbursing
the
a city, county, township, or village for regular
fire
fighters
the following:
(a) Regular firefighters in the fire department in an amount
not
to exceed 1/2 of the salary paid to each fire fighter
firefighter meeting the recruitment standards and participating in
training meeting
that meets the standard prescribed pursuant to
this act during the period covered by the allocation, plus $8.00 of
the
necessary living expenses incurred by
such fire fighter which
the
firefighter that are necessitated by
because the training
requiring
that he requires the
firefighter to be away from his
the
firefighter's residence overnight. The
amounts annually
appropriated
by the legislature shall be paid by the state
treasurer
in accordance with the accounting laws of the state upon
certification
of the executive secretary of the council for the
purpose
of reimbursing the city, county, township or village for
volunteer
fire fighters
(b) Volunteer firefighters in an amount not to exceed $12.50
for lost wages, to be matched by the local municipality for each
fire
fighter firefighter meeting the recruitment standards and
participating
in training meeting that meets the standard
prescribed pursuant to this act during the period covered by the
allocation, plus $8.00 of the necessary living expenses, to be
matched
by the local municipality, incurred by
such fire fighter
which
the firefighter that are necessitated by because the
training requiring
that he requires the
firefighter to be away
from his
the firefighter's residence overnight.
(2)
If the moneys money in
the fire fighter training fund to
be
appropriated by the legislature for
such salary
and expense
reimbursement are
under this section is insufficient to allocate
such
the amount to each participating city, county, township, or
village, the amount allocated to each shall be reduced
proportionately. In
no event shall any allocations
(3) An allocation shall not be made under this section to any
city,
county, township, or village
which that has
not, throughout
the period covered by the allocation, adhered to the standards
established by
the council under this act as applicable to
personnel
recruited or trained by such the
city, county,
township, or
village during such the
period.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 1133 or House Bill No.____ (request no.
03197'05 ***).
(b) Senate Bill No. 1144 or House Bill No.____ (request no.
03197'05 v **).
(c) Senate Bill No. 1145 or House Bill No.____ (request no.
03197'05 w **).
(d) Senate Bill No.____ or House Bill No. 5871(request no.
03197'05 x **).