THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, TARTAGLIONE, KASUNIC, STACK, WAUGH, WASHINGTON, FONTANA, SOLOBAY, RAFFERTY AND ERICKSON, FEBRUARY 28, 2011

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 28, 2011  

AN ACT

Establishing the Municipal Firefighter Education and Training

Program; providing for the powers and duties of the State

Fire Commissioner; and prescribing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Municipal

Firefighter Education and Training Program Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commissioner."  The State Fire Commissioner appointed under

35 Pa.C.S. Ch. 73 Subch. F (relating to State Fire

Commissioner).

"Municipal firefighter."  A full-time employee of a city,

borough, town or township fire department assigned to

firefighting duties.

"School."  A training school or academy that offers State

Fire Academy certified courses.

Section 3.  Municipal Firefighter Education and Training

Program.

The Office of State Fire Commissioner shall establish a

Municipal Firefighter Education and Training Program in

accordance with the provisions of this act. The administration

of this program shall be the responsibility of the Office of

State Fire Commissioner. The commissioner, in consultation with

the Fire Safety Advisory Committee established under 35 Pa.C.S.

Ch. 73 Subch. F (relating to State Fire Commissioner), shall

develop basic course criteria and guidelines for the program.

The parameters developed by the commissioner shall be consistent

with established standards.

Section 4.  Municipal firefighter training mandatory; penalties.

(a)  Training.--

(1)  A political subdivision of the Commonwealth or a

group of political subdivisions acting in concert shall train

all members of its fire department hired by it after the

effective date of this section, pursuant to this act.

(2)  Any person hired as a municipal firefighter by a

political subdivision or group of political subdivisions

acting in concert after the effective date of this section

shall be, at the end of one year from the date of the

person's employment, ineligible to receive salary,

compensation or other consideration or thing of value for the

performance of the person's duties as a municipal firefighter

unless:

(i)  The person has met all of the requirements as

established by the Office of State Fire Commissioner.

(ii)  The person has been duly certified as having

met those requirements by the commissioner.

(3)  Paragraph (2) shall not apply if the municipal

firefighter is granted additional time to complete the

training by the commissioner.

(4)  Any person hired as a municipal firefighter shall be

given a grace period of two years from the effective date of

this section before the person becomes ineligible to receive

salary, compensation or other consideration of things of

value.

(b)  Penalty.--An official of any political subdivision who

orders, authorizes or pays a salary to a person in violation of

the provisions of this act commits a summary offense and upon

conviction shall be sentenced to pay a fine of $100 or be

imprisoned for a term of not more than 30 days.

Section 5.  Reimbursement of expenses.

(a)  Allowable expenses.--

(1)  The Office of State Fire Commissioner shall provide

for reimbursement to each political subdivision 100% of the

allowable tuition and the ordinary and necessary living and

travel expenses incurred by their firefighters while

attending certified municipal firefighter basic training

schools, provided the political subdivision adheres to the

training standards, employment longevity provisions and

program guidelines established by the Office of State Fire

Commissioner.

(2)  The regular salary of firefighters while attending

schools approved under this act shall be paid by the

employing political subdivision.

(3)  Eighty percent of the regular salaries of

firefighters while attending schools approved under this act

shall be reimbursed by the commissioner to the employing

political subdivision.

(b)  Grants.--The commissioner shall provide grants as a

reimbursement for actual expenses incurred by political

subdivisions for municipal firefighters who have successfully

completed the required basic course of instruction established

by the Office of State Fire Commissioner.

(c)  Application.--A political subdivision of the

Commonwealth or a group of political subdivisions acting in

concert may make application to the commissioner for funding

pursuant to this act. The application must be accompanied by a

certified copy of a resolution or resolutions adopted by its

governing body or bodies providing that, while receiving any

State funds under this act, the political subdivision or group

of political subdivisions acting in concert will adhere to the

standards for training established by the commissioner. The

application shall contain such information as the commissioner

may request.

(d)  Limitation.--Grants may be awarded on a pro rata basis

if the total dollar amount of approved applications exceeds the

amount of funds allocated for this program.

Section 6.  Construction.

Nothing in this act shall be construed to exempt any

municipal firefighter from the provisions of the existing civil

service or laws relating to tenure.

Section 7.  Effective date.

This act shall take effect in 30 days.