WEST virginia legislature
2017 regular session
Senate Bill 636
Senators Boso, Stollings, Maroney, Sypolt and Cline, original sponsors
[Passed April 6, 2017; in effect 90 days from passage]
AN ACT to amend and reenact §29-3-5d of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Commission to establish and administrate a pilot project program to address problems facing volunteer fire departments; and requiring annual reports.
Be it enacted by the Legislature of West Virginia:
That §29-3-5d of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5d. Volunteer firefighters’ training.
(a) On or before July 30, 2012, the State Fire Commission shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a 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) The State Fire Commission may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to effectuate the provisions of this section.
(c) The training policies in effect as of the effective date of the enactment of this section during the regular session of 2012 will remain in effect until superseded by the emergency rule or legislative rule promulgated pursuant to this section.
(d) Notwithstanding any provision of this code to the contrary, the State Fire Commission may establish 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) Commencing July 1, 2018, and each year thereafter, 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.