PRINTER'S NO. 178
No. 172 Session of 2005
INTRODUCED BY J. TAYLOR, BARRAR, BELARDI, BUXTON, BEBKO-JONES,
CALTAGIRONE, CREIGHTON, DeLUCA, DeWEESE, FLICK, FRANKEL,
GEIST, GEORGE, HARRIS, HERMAN, JAMES, M. KELLER, W. KELLER,
KIRKLAND, LEDERER, MANN, MARKOSEK, McGEEHAN, PETRONE,
PHILLIPS, PRESTON, READSHAW, RUBLEY, SAINATO, SHANER,
SOLOBAY, THOMAS, TIGUE, WATSON, WILT, YOUNGBLOOD, CAPPELLI
AND GOODMAN, FEBRUARY 1, 2005
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, FEBRUARY 1, 2005
AN ACT
1 Establishing the Municipal Firefighter Education and Training
2 Program.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Municipal Firefighter Education and Training
6 Program.
7 The Office of the State Fire Commissioner shall establish a
8 Municipal Firefighter Education and Training Program in
9 accordance with the provisions of this act. The administration
10 of this program shall be the responsibility of the Office of the
11 State Fire Commissioner. The commissioner, in consultation with
12 the Fire Safety Advisory Committee established under the act of
13 November 13, 1995 (P.L.604, No.61), known as the State Fire
14 Commissioner Act, shall develop basic course criteria and
15 guidelines for the program. The parameters developed by the
1 commissioner shall be consistent with established standards.
2 Section 2. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Commissioner." The State Fire Commissioner appointed under
7 the act of November 13, 1995 (P.L.604, No.61), known as the
8 State Fire Commissioner Act.
9 "Municipal firefighter." Any full-time employee of a city,
10 borough, town or township fire department assigned to
11 firefighting duties.
12 "School." A training school or academy that offers State
13 Fire Academy certified courses.
14 Section 3. Municipal firefighter training mandatory; penalties.
15 (a) Training.--All political subdivisions of the
16 Commonwealth or groups of political subdivisions acting in
17 concert shall be required to train all members of their fire
18 departments hired by them after the effective date of this
19 section, pursuant to this act. Any person hired as a municipal
20 firefighter by any political subdivision or group of political
21 subdivisions acting in concert after the effective date of this
22 section shall be at the end of one year from the date of his
23 employment ineligible to receive salary, compensation or other
24 consideration or thing of value for the performance of his
25 duties as a firefighter unless he has met all of the
26 requirements as established by the Office of the State Fire
27 Commissioner and has been duly certified as having met those
28 requirements by the commissioner, unless the firefighter is
29 granted additional time to complete his training by the
30 commissioner. However, any person hired as a municipal
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1 firefighter will be given a grace period of two years from the
2 effective date of this section before he becomes ineligible to
3 receive salary, compensation or other consideration or things of
4 value.
5 (b) Penalty.--Any official of any political subdivision who
6 orders, authorizes or pays a salary to a person in violation of
7 the provisions of this act commits a summary offense and upon
8 conviction shall be sentenced to pay a fine of $100 or be
9 imprisoned for a term of not more than 30 days.
10 Section 4. Reimbursement of expenses.
11 (a) Allowable expenses.--The Office of the State Fire
12 Commissioner shall provide for reimbursement to each political
13 subdivision 100% of the allowable tuition and the ordinary and
14 necessary living and travel expenses incurred by their
15 firefighters while attending certified municipal firefighter
16 basic training schools, provided the political subdivision
17 adheres to the training standards, employment longevity
18 provisions and program guidelines established by the Office of
19 the State Fire Commissioner. The regular salary of firefighters
20 while attending schools approved under this act shall be paid by
21 the employing political subdivision. Eighty percent of the
22 regular salaries of firefighters while attending schools
23 approved under this act shall be reimbursed by the commissioner
24 to the employing political subdivision.
25 (b) Grants.--The commissioner shall provide grants as a
26 reimbursement for actual expenses incurred by political
27 subdivisions for municipal firefighters who have successfully
28 completed the required basic course of instruction established
29 by the Office of the State Fire Commissioner.
30 (c) Application.--All political subdivisions of the
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1 Commonwealth or groups of political subdivisions acting in
2 concert may make application to the commissioner for funding
3 pursuant to this act. The application shall be accompanied by a
4 certified copy of a resolution or resolutions adopted by its
5 governing body or bodies providing that, while receiving any
6 State funds under this act, the political subdivision of the
7 Commonwealth or group of political subdivisions acting in
8 concert will adhere to the standards for training established by
9 the commissioner. The application shall contain such information
10 as the commissioner may request.
11 (d) Limitation.--Grants may be awarded on a pro rata basis
12 if the total dollar amount of approved applications exceeds the
13 amount of funds allocated for this program.
14 Section 5. Applicability to civil service laws.
15 Nothing in this act shall be construed to exempt any
16 municipal firefighter from the provisions of the existing civil
17 service or laws relating to tenure.
18 Section 6. Funding.
19 The General Assembly shall annually appropriate such moneys
20 as necessary to the Office of the State Fire Commissioner.
21 Section 7. Effective date.
22 This act shall take effect in 30 days.
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