CSHB 473(FIN): "An Act relating to training and certification of fire services personnel; relating to certification of fire services training programs; and providing for an effective date."
00CS FOR HOUSE BILL NO. 473(FIN) 01 "An Act relating to training and certification of fire services personnel; relating 02 to certification of fire services training programs; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.70 is amended by adding new sections to read: 06 Article 3. Alaska Fire Standards Council. 07 Sec. 18.70.320. Policy. It is the policy of the state to protect its residents and 08 their property from the ravages of fire. The state recognizes the need for the state to 09 participate in providing an educational and training system that meets the needs of all 10 communities and all fire services personnel. The legislature finds that fire is a 11 constant threat and that homes, places of employment, modes of transportation, and our 12 natural resources need a system of fire protection that is based on the most current, 13 practical standards and educational principles. 14 Sec. 18.70.330. Creation. (a) There is created in the Department of Public
01 Safety the Alaska Fire Standards Council. 02 (b) The council consists of the following persons: 03 (1) two chief administrative officers or fire chiefs of local government; 04 only one person appointed under this paragraph may be from a local government 05 where the fire department consists entirely of paid employees; 06 (2) the state fire marshal or a designee of the state fire marshal; 07 (3) four representatives of fire fighters, including at least one fire 08 fighter administrative officer from the Alaska State Fire Fighters Association; a person 09 appointed under this paragraph may not, while serving on the council, be a fire chief; 10 (4) two volunteer fire fighters, one from a community with a population 11 of 2,500 or less and one from a community with a population greater than 2,500; and 12 (5) two members of the public at large with at least one member from 13 a community with a population of 2,500 or less. 14 Sec. 18.70.340. Appointment; meetings; expenses. (a) The state fire marshal 15 or a designee shall serve on the council during each state fire marshal's continuance 16 in office. Other members of the council shall be appointed by the governor for 17 staggered terms of four years, except that a member may not serve beyond the time 18 the member holds the office that established eligibility for appointment. Membership 19 on the council does not disqualify a member from holding another public office or 20 employment. The council shall select its chair and vice-chair annually. 21 (b) The council shall meet at least twice a year. The chair shall set the time 22 and place of the meeting, either on the chair's own motion or on written request by 23 three members of the council. The council is encouraged to meet electronically. 24 (c) The members of the council do not receive a salary for service on the 25 council, but are entitled to per diem and travel expenses authorized by law for other 26 boards and commissions under AS 39.20.180. 27 Sec. 18.70.350. Powers. The council may 28 (1) adopt regulations for the administration of AS 18.70.320 - 29 18.70.369 including regulations 30 (A) establishing minimum training and performance standards 31 for certification of fire services personnel that are consistent with the standards
01 of the National Fire Protection Association or other applicable standards; 02 (B) establishing minimum fire training curriculum requirements 03 for certification of training programs that are designed to enable trainees to 04 meet the standards established under (A) of this paragraph; 05 (C) governing the procedure for certification of fire services 06 training programs that meet the minimum curriculum requirements adopted 07 under this section; 08 (D) governing the procedure for certification of individuals who 09 satisfy the minimum training and performance standards established under this 10 section; and 11 (E) governing the procedure for revocation of the certificate of 12 a person or program that, having been issued a certificate under this section, 13 fails at a later date to meet the standards adopted by the council under this 14 section; the procedures must be consistent with AS 44.62 (Administrative 15 Procedure Act); 16 (2) consult and cooperate with municipalities, agencies of the state, 17 other governmental agencies, universities, colleges, and other institutions concerning 18 the development of fire services training schools and programs offered in the state; 19 (3) employ an administrator and other persons necessary to carry out 20 its duties; and 21 (4) charge and collect fees determined by the council to be necessary. 22 Sec. 18.70.355. Certification optional. Nothing in AS 18.70.320 - 18.70.369 23 may be construed to prohibit a person from performing fire services without a 24 certificate issued by the council. However, an entity for whom a person performs fire 25 services as an employee or volunteer may require that the person be certified by the 26 council or attend training programs that are certified by the council. 27 Sec. 18.70.360. Alaska fire services personnel fund. The Alaska fire services 28 personnel fund is created in the general fund. The fund consists of appropriations 29 made by the legislature to the fund. The council may use the money in the fund to 30 carry out its powers and duties. 31 Sec. 18.70.369. Definitions. In AS 18.70.320 - 18.70.369,
01 (1) "council" means the Alaska Fire Standards Council established 02 under AS 18.70.330; 03 (2) "fire services" means fire prevention services, fire suppression 04 services, fire suppression support services, or training or educational services related 05 to fire prevention or fire suppression that are performed by an employee of or 06 volunteer with an organized fire service; 07 (3) "organized fire service" means a group of persons organized and 08 trained for prevention and control of loss of life and property from fire, except that the 09 term does not include groups of persons regulated under AS 18.65 or persons regulated 10 under AS 18.08 who are performing within the scope of their certificates acquired 11 under those chapters. 12 * Sec. 2. INITIAL TERMS. Notwithstanding AS 18.70.340, enacted by sec. 1 of this Act, 13 the initial terms of office for persons appointed to the Alaska Fire Standards Council shall be 14 set by the governor so that 15 (1) one person appointed under AS 18.70.330(b)(1), two persons appointed 16 under AS 18.70.330(b)(3), one person appointed under AS 18.70.330(b)(4), and one person 17 appointed under AS 18.70.330(b)(5) will serve two-year terms; 18 (2) the members not appointed under (1) of the section will serve four-year 19 terms. 20 * Sec. 3. This Act takes effect July 1, 2000.