Bill Text: MI HB4390 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Law enforcement; fire personnel; use of firefighting foam containing certain substances; prohibit in firefighter training, and require certain training on use. Amends secs. 2 & 9 of 1966 PA 291 (MCL 29.362 & 29.369) & adds sec. 9c.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2020-07-21 - Assigned Pa 133'20 With Immediate Effect [HB4390 Detail]
Download: Michigan-2019-HB4390-Enrolled.html
state of michigan
100th
Legislature
Regular session of 2020
Introduced by Reps. Yaroch, Rabhi, Brann, Hertel, Sowerby, Allor,
Bellino and Vaupel
ENROLLED HOUSE BILL No. 4390
AN ACT to amend 1966 PA 291, entitled
“An act to create the firefighters training council; to prescribe the powers
and duties of the council, the state fire marshal, and certain fire departments
and other organizations; to create the firefighters training council fund and
to provide for allocations from the fund to local agencies of government
participating in a firefighters training program; and to make an
appropriation,” by amending sections 2 and 9 (MCL 29.362 and 29.369), as
amended by 2017 PA 144, and by adding section 9c.
The People of
the State of Michigan enact:
Sec. 2. As used in this act:
(a) “Airport rescue firefighter” means
an employee of or volunteer assigned by a political subdivision to assist an
organized fire department or public safety department who is certified under
National Fire Protection Association standard no. 1003 and meets the
requirements of the Federal Aviation Administration under 14 CFR part 139,
whose job description, duties, or responsibilities include responding to an
aircraft accident.
(b) “Certificate” means a numbered
document issued by the state fire marshal to a person who has obtained
certification under this act.
(c) “Certification” means either of the
following:
(i) A determination by the state fire
marshal that a person meets the certification requirements for a position
within the fire service, as established by the council under this act.
Recognized positions in the fire service include, but are not limited to,
firefighter, fire chief, public safety director, fire inspector, plans
examiner, fire investigator, fire officer, hazardous materials responder,
technical rescue responder, airport rescue firefighter, and fire service
instructor. Certifications for each position within the fire service must
comply with the Michigan occupational safety and health administration general
industry safety standard, R 408.17411 of the Michigan Administrative Code.
(ii) A determination by the state fire
marshal that a person was employed as a firefighter before October 1, 1988 and that
the person is otherwise authorized under this act to be employed as a
firefighter.
(d) “Contested case” means that term as
defined in section 3 of the administrative procedures act of 1969, 1969 PA 306,
MCL 24.203.
(e) “Council” means the firefighters
training council created under section 3.
(f) “Executive secretary” means the
executive secretary of the council.
(g) “Felony” means a violation of the
laws of this state, another state, or the United States that is designated as a
felony.
(h) “Firefighter” means a member of an
organized fire department or public safety department who is responsible for,
or is in a capacity that includes responsibility for, the extinguishment of
fires, the directing of the extinguishment of fires, the directing or management
of emergency response activities, fire safety prevention inspection, plans
examination, fire investigation, hazardous materials response, technical rescue
response, airport rescue response, airport rescue firefighting, fire service
instruction, and the enforcement of the general fire laws of this state and the
community where he or she serves.
(i) “Firefighter training” means an
education or training program including a program eligible to receive funding
from the fireworks safety fund created in section 11 of the Michigan fireworks
safety act, 2011 PA 256, MCL 28.461, and other training programs as approved by
the state fire marshal, designed and intended to enhance the ability of an
organized fire department or public safety department and the personnel of an
organized fire department or public safety department to safeguard life and
property from damage from explosion, fire, or disaster, and to deliver fire
suppression, emergency medical service, hazardous material response, technical
rescue, airport rescue and firefighting, fire inspection, fire investigation,
fire safety education, and other related fire services.
(j) “Fire chief” means the individual
who serves as the administrative head of an organized fire department.
(k) “Fire inspector” means an employee
of or volunteer assigned by a political subdivision to assist an organized fire
department or public safety department whose job description, duties, or
responsibilities include, or who is in a capacity that includes responsibility
for, inspecting property for fire code violations and enforcing the general
fire codes of the jurisdiction that he or she serves.
(l) “Fire instructor” means an employee
of or volunteer assigned by a political subdivision to assist an organized fire
department or public safety department, or other individual who is certified to
instruct 1 or more council-approved fire service training programs.
(m) “Fire investigator” means an
employee of or volunteer assigned by a political subdivision to assist an
organized fire department or public safety department who is certified under
National Fire Protection Association standard no. 1033, whose job description,
duties, or responsibilities include investigating the origin and cause of
fires, and who has obtained the skills and knowledge necessary to conduct,
coordinate, and complete a fire investigation. Fire investigator does not
include a fire investigator who is employed by a law enforcement agency as that
term is defined in section 2 of the Michigan commission on law enforcement standards
act, 1965 PA 203, MCL 28.602, other than a public safety department, or a
professional investigator licensed under the professional investigator
licensure act, 1965 PA 285, MCL 338.821 to 338.851.
(n) “Fire officer” means a current
member of an organized fire department or public safety department assigned a
rank above firefighter who is responsible for, or is in a capacity that
includes responsibility for, performing supervisory or management
responsibilities of an emergency or nonemergency nature within his or her
organized fire department or public safety department. Fire officer includes
titles such as sergeant, lieutenant, captain, and chief officer.
(o) “Fire service” means the engaging
in the directing or management of emergency response activities, fire safety
prevention inspection, plans examination, fire investigation, hazardous
material response, technical rescue response, airport rescue response, airport
rescue firefighting, fire service instruction, and the enforcement of the
general fire laws of this state and the communities therein by fire service
members and organized fire departments and public safety departments.
(p) “Fire service course” means a
training course or activity that is approved by the council and meets the
standard for firefighter training in subdivision (i).
(q) “Fire service discipline” means
each of the respective certifiable fire service positions included under this
act. Fire service discipline includes fire chief, fire inspector, fire
instructor, fire investigator, fire officer, public safety director, plans
examiner, firefighter, hazardous materials responder, technical rescue
responder, and airport rescue firefighter.
(r) “Fire service member” or “member”
means a person described in subdivision (a), (h), (j), (k), (l), (m), (n),
(u), (aa), (dd), (ff), or (ii).
(s) “Full-time” means employment during
which an individual works scheduled shifts, is paid for all hours he or she
works, and works sufficient hours weekly to be classified as a full-time
employee by the applicable employing political subdivision.
(t) “Hazardous materials” means any
chemical, substance, compound, mixture, or other material defined as,
designated as, listed as, or having the same characteristics as any chemical
substance, compound, mixture, or material defined as, designated as, or listed
as hazardous under federal or state law or regulations.
(u) “Hazardous materials responder”
means an employee of or volunteer assigned by a political subdivision to assist
an organized fire department or public safety department who is certified under
National Fire Protection Association standard no. 1072 and who is trained to or
whose responsibilities include, responding to and being actively involved with
the mitigation of a hazardous materials incident including a weapon of mass
destruction event.
(v) “Hazardous materials response”
means any response to an event involving any chemical, substance, compound,
mixture, or other material defined as, designated as, listed as, or having the
same characteristics as any substance, compound, mixture, or material defined
as, designated as, or listed as hazardous under federal or state law or
regulation.
(w) “Organized fire department” means
that term as defined in section 1 of the fire prevention code, 1941
PA 207, MCL 29.1.
(x) “Paid on-call” means employment
during which an individual works on an on-call basis, is paid for all hours he
or she works, and only occasionally works scheduled shifts.
(y) “Part-time” means employment during
which an individual is paid for all hours he or she works and works scheduled
shifts but works fewer hours weekly than the hours necessary to be classified
as a full-time employee by the applicable employing political subdivision.
(z) “PFAS” means a perfluoroalkyl or
polyfluoroalkyl substance.
(aa) “Plans examiner” means an employee
of or volunteer assigned by a political subdivision to assist an organized fire
department or public safety department who is certified under National Fire
Protection Association standard no. 1031 and whose job description, duties, or
responsibilities include conducting plan reviews of construction documents for
compliance with the general fire codes of the community that he or she serves.
(bb) “Political subdivision” means a
county, municipality, school district, or any other local governmental unit,
agency, body, board, or commission but does not include a state department,
board, commission, or agency of state government.
(cc) “Public safety department” means a
department of a political subdivision providing both law enforcement and fire
services either separately or utilizing a combined response force with
personnel trained and certified as both firefighters under this act and law
enforcement officers under the Michigan commission on law enforcement standards
act, 1965 PA 203, MCL 28.601 to 28.615, under the direction and administration
of a single director.
(dd) “Public safety director” means the
individual who serves as the administrative head of a public safety department.
(ee) “Rule” means a rule promulgated
under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328.
(ff) “Technical rescue responder” means
an employee of or volunteer assigned by a political subdivision to assist an
organized fire department or public safety department who is certified under
National Fire Protection Association standard no. 1006 and who has received
training in the application of special knowledge, skills, and equipment to
safely resolve unique and complex rescue situations.
(gg) “Technical rescue response” means
those aspects of saving life or property that employ the use of tools and
skills that exceed those normally reserved for firefighting, medical emergency,
and rescue. These disciplines include, but are not limited to, rope rescue,
confined space rescue, trench and excavation rescue, and building collapse
rescue.
(hh) “Volunteer” means appointment or
employment for which an individual receives no compensation for work provided,
or appointment or employment for which an individual receives compensation in
the form of reasonable expenses incurred during the course of his or her
appointment or employment or other reasonable benefits, including, but not
limited to, length of service awards or nominal fees.
(ii) “Volunteer firefighter” or “paid
on-call firefighter” means an individual who is charged with the prevention or
suppression of fires and who is directly engaged in the hazards of firefighting
or in charge of a designated fire company or companies that are directly
engaged in the hazards of firefighting on a volunteer or paid on-call basis.
Volunteer or paid on-call firefighter does not include a full-time firefighter.
Sec. 9. (1) The
state fire marshal, with the approval of a majority of the council, shall
prepare and publish rules that establish minimum standards for certification as
a fire service member. The standards established under this section must comply
with the Michigan occupational safety and health administration general
industry safety standard, R 408.17411 of the Michigan Administrative Code and
section 9c. To maintain compliance with the Michigan occupational safety and
health administration general industry safety standard, R 408.17411 of the
Michigan Administrative Code, the employer of a fire service member shall provide
initial and continued training to the member commensurate with and specific to
the duties that the member is expected to perform. The training described in
this section and section 9c must be provided before the member is permitted to
perform emergency operations.
(2) The state fire marshal, with the
approval of a majority of the council, shall do all of the following:
(a) Create advisory standards of
physical, criminal history, and educational fitness that govern the
recruitment, selection, and certification of a person as a fire service member.
(b) Develop and administer
certification examinations, testing procedures, and reciprocity recognition for
credentialing in the various fire service disciplines recognized under this
act. The requirements for each fire service discipline must meet the respective
professional qualifications in the current and appropriate National Fire
Protection Association standard.
(c) Establish subordinate regional
training centers in strategic geographic locations in order to serve the
greatest number of organized fire departments and public safety departments
that are unable to support their own training programs.
(d) Develop and administer
certification examinations that include a practical demonstration and a written
or oral test to determine a person’s competency in regard to the knowledge and
skill requirements in the current edition of the National Fire Protection
Association standards for each of the fire service disciplines recognized under
this act. The state fire marshal, or his or her designee, shall, upon request,
administer the examination in each county of this state not less than once
annually. The examination may be administered in 2 parts. If the examination is
administered in 2 parts, part 1 of the examination must test the knowledge and
skill requirements set forth in the standards for fire fighter I in the current
edition of the standards for Fire Fighter Professional Qualifications, National
Fire Protection Association standard no. 1001, and part 2 of the examination
must test the knowledge and skill requirements set forth in the standards for
fire fighter II in the current edition of the standards for Fire Fighter
Professional Qualifications, National Fire Protection Association standard no.
1001. The examination may also be administered as a combined fire fighter I and
fire fighter II examination if a combined examination is requested by a county
training committee or regional training center.
(e) Establish eligibility criteria for
students to retake a failed written, oral, or practical certification
examination.
(3) A person who is hired or appointed
as a full-time or part-time firefighter shall pass both part 1 and part 2 of
the certification examination described in subsection (2)(d) not more than 12
months after he or she is hired or appointed as a full-time or part-time
firefighter to be eligible to continue his or her employment or appointment as
a full-time or part-time firefighter.
(4) A person who is hired or appointed
as a volunteer or paid on-call firefighter shall pass part 1 of the
certification examination described in subsection (2)(d) not more than 24
months after he or she is hired or appointed as a volunteer or paid on-call
firefighter to be eligible to continue his or her employment or appointment as
a volunteer or paid on-call firefighter, as applicable.
(5) The certification examination
requirement under this section does not apply to a person who was employed or
under appointment as a firefighter on or before October 1, 1988, unless the
person subsequently seeks to change his or her status from a volunteer or paid
on-call firefighter to a part-time or full-time firefighter.
(6) The state fire marshal may waive
the examination requirements under this section for a veteran who served in and
is separated from the armed forces and provides a form DD214, a form DD215, or
any other form that is satisfactory to the department of licensing and
regulatory affairs that demonstrates that he or she was separated from service
with an honorable character of service or under honorable conditions (general)
character of service, upon verification that the veteran completed firefighter
training that meets the standards for fire fighter I and fire fighter II in the
standards for Fire Fighter Professional Qualifications, National Fire
Protection Association standard no. 1001, while serving in the Armed Forces of
the United States. As used in this subsection, “armed forces” means the Army,
Air Force, Navy, Marine Corps, Coast Guard, or other military force designated
by Congress as part of the Armed Forces of the United States.
(7) Except as otherwise provided in
this subsection, the state fire marshal shall waive the examination
requirements under this section and extend reciprocity certification to a
person from another state who seeks to become employed or volunteer in the fire
service in this state if the person was certified in the other state after
successfully completing a program that meets or exceeds the National Fire
Protection Association standards for the applicable fire service discipline
recognized under this act. The state fire marshal shall not waive the
certification examination for a person who was certified in another state if
either of the following applies:
(a) The person’s out-of-state
certification was revoked by that state or another issuing organization.
(b) The person has been convicted of a
felony under the laws of this state, another state, or the United States.
(8) Certification as a fire service
member granted to a person under this act is valid unless or until the council
revokes the certification as part of a disciplinary action.
(9) The state fire marshal shall issue
a certificate to a person who is certified under this act not more than
30 days after the person becomes certified. A certificate issued under
this act remains the property of the state fire marshal.
(10) The state fire marshal and the
council shall review and monitor the state and federal standards relating to
live fire training exercises in structures and make recommendations regarding
the general industry safety standards for any new or modified standards
necessary for the protection of firefighter trainees under part 74 of the
Michigan occupational safety and health administration general industry safety
standard, R 408.17401 to R 408.17464 of the Michigan Administrative Code.
(11) Not later than 1 year after
obtaining a waiver of the examination requirements under subsection (6)
or (7), the veteran or person certified in another state must complete the
training required under section 9c.
Sec. 9c. (1)
Firefighting foam concentrate containing intentionally added PFAS must not be
used in any firefighter training required under this act.
(2) Until December 31, 2023, the
firefighter training required under this act must include both of the following
subjects:
(a) The proper use, handling, and
storage of firefighting foam concentrate.
(b) The best environmental and public
health practices, including, but not limited to, containment and proper
disposal, and decontamination of the firefighter’s equipment and body,
following the use of firefighting foam.
(3) The firefighter training under
subsection (2) may involve the use of a video or online resource.
Enacting section 1. This
amendatory act takes effect 90 days after the date it is enacted into law.
This act is
ordered to take immediate effect.
Clerk
of the House of Representatives
Secretary
of the Senate
Approved___________________________________________
____________________________________________________
Governor