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PRINTER'S NO. 1450
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
987
Session of
2020
INTRODUCED BY HUTCHINSON, BROWNE, K. WARD, MARTIN, MASTRIANO,
MENSCH, PHILLIPS-HILL, REGAN, J. WARD AND BLAKE,
JANUARY 15, 2020
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
JANUARY 15, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, further
providing for definitions and for State Fire Commissioner,
providing for curriculum and training, further providing for
Pennsylvania State Fire Academy and for Fire Safety Advisory
Committee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 7382 and 7383 of Title 35 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 7382. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Emergency Management Agency.
"Board." The State Fire Advisory Board.
"Commissioner." The State Fire Commissioner.
["Committee." The Fire Safety Advisory Committee.]
§ 7383. State Fire Commissioner.
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(a) State Fire Commissioner.--There shall be a State Fire
Commissioner, who[, through the Lieutenant Governor,] shall
report to the Governor on all matters concerning fire [safety]
services in this Commonwealth. The Office of the State Fire
Commissioner shall be within the agency for administrative
purposes only, and the commissioner shall not report to the
director of the agency. The commissioner shall have the power
and duty to:
[(1) Coordinate the activities of State and local
community interests engaged in fire prevention and control
activities.
(2) Serve as a focal point for information relative to
fires, property damage, injuries and the loss of life.
(3) Disseminate, through periodic reports, information
about fire prevention efforts and fire control techniques.
(4) Develop and participate in a program of public
information and education designed to create a public
awareness of the incidence and the ravages of fire and
methods the individual can take to prevent fires and minimize
loss when they occur.
(5) Serve as a central point to support local efforts
and interests in all matters pertinent to fire prevention and
control.
(b) Transfer.--The commissioner shall use, employ and
expend, in connection with the functions, powers and duties
enumerated in subsection (a) for the position of the
commissioner, contract obligations, if any, records, files,
property, supplies and equipment now being used or held in
connection with such functions, powers and duties and the
unexpended balance of appropriations, allocations, Federal
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grants and other funds available or to be made available for use
in connection with such functions, powers and duties as
previously were vested in the agency by Reorganization Plan No.5
of 1981 (P.L.612).]
(1) Serve as the primary representative for fire
services in this Commonwealth. The commissioner shall work
with Federal agencies to ensure coordination at the State and
local levels.
(2) Chair the State Fire Advisory Board.
(3) Develop curriculum and provide and assist in the
coordination of fire, rescue and emergency services training,
including online training and issue certifications.
(4) Administer the State Fire Academy.
(5) Collect data, provide analysis and periodic reports
and serve as a focal point for information relative to fires,
property damage, injuries to the public and firefighters and
the loss of life.
(6) Conduct after-action reports on significant
incidents that involve firefighter deaths and significant
injuries.
(7) Administer grant and loan programs for fire,
ambulance and rescue organizations in accordance with this
title or as otherwise provided by law, including assistance
for firefighter relief associations, the Volunteer Loan
Assistance Program, fire and emergency medical services loan
assistance, fire and emergency medical services grants and
money received by the Office of State Fire Commissioner from
the Unconventional Gas Well Fund.
(8) Assist with Statewide recruitment and retention
efforts.
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(9) Hire regional technical advisors to assist fire
companies with grant and loan assistance, mergers,
consolidation and regionalization and promote best practices
for systems improvements.
(10) Promote public education and community risk
reduction efforts.
(11) Administer a fire equipment distributor
certification program as provided by law.
(c) Qualifications and appointment.--The commissioner shall
be a person who, by reason of training, experience and
attainment, is qualified to coordinate [fire prevention and
control activities. The commissioner shall be appointed by the
Governor after consultation with the fire service community. The
commissioner shall act as the Commonwealth's primary
representative with the Statewide fire service community.]
services. The commissioner shall have served as a chief officer
or administrative officer in a career, combination or volunteer
fire company. The commissioner shall be appointed by the
Governor subject to the consent of a majority of the members
elected to the Senate.
Section 2. Title 35 is amended by adding a section to read:
§ 7383.1. Curriculum and training.
(a) Duty to establish guidelines.--The commissioner shall
establish guidelines for the development, delivery and
maintenance of a system of fire and emergency services training.
(b) Training.--Training shall be lecture-based, hands on or
online. Training may be conducted at the Pennsylvania State Fire
Academy, a county training center, a community college, a local
fire station or other appropriate area. The training shall be
incorporated into the Train PA system or any other system
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approved by the commissioner.
(c) Certificate of completion.--The commissioner shall
provide a certificate of completion to an individual who
successfully completes a fire or emergency services training
program.
(d) Publication.--The commissioner shall post a complete
listing of the available fire and emergency services training
courses on the office's publicly accessible Internet website.
Section 3. Sections 7384(a), (b) and (d) and 7386 of Title
35 are amended to read:
§ 7384. Pennsylvania State Fire Academy.
(a) Creation.--There is created the Pennsylvania State Fire
Academy, which shall be under the operational control of the
commissioner. The commissioner shall administratively provide
for the erection or construction, the furnishing, the staffing
and the equipping of buildings and structures through the
Department of General Services and for the leasing thereof by
the Commonwealth for the use and support of the Pennsylvania
State Fire Academy. [The Pennsylvania State Firemen's Training
School and the powers and duties of the Department of Education
and the Public Service Institute Board pertaining to the
Pennsylvania State Firemen's Training School, which were
transferred to the agency under Reorganization Plan No.6 of 1981
(P.L.613) and which are set forth in Subchapter D (relating to
State Firemen's Training School), are hereby transferred to and
vested in the commissioner.
(b) Transfer.--There are transferred to the commissioner, to
be used, employed and expended in connection with the functions,
powers and duties enumerated in subsection (a), personnel,
contract obligations, if any, records, files, property, supplies
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and equipment now being used or held in connection with such
functions, powers and duties and the unexpended balance of
appropriations, allocations, Federal grants and other funds
available or to be made available for use in connection with
such functions, powers and duties as previously were vested in
the Department of Education and the Public Service Institute
Board under Subchapter D, and transferred to the agency by
Reorganization Plan No.6 of 1981 (P.L.613).]
* * *
(d) Firefighter training and certification.--A Statewide
firefighter training program shall be implemented by the
commissioner. [to educate the fire service community about the
importance of firefighter health and safety. This program shall
include measures designed to increase the mobility of training
courses throughout this Commonwealth, to enhance firefighter
accessibility to training course offerings and to improve and
expand training for and response capability to emergencies with
emphasis on hazardous materials incidents.] The program shall
also include [implementation of] a firefighter certification
program in accordance with [parameters developed by the
commissioner consistent with] established standards. The
acquisition of physical resources to enhance Statewide
capability shall be coordinated by the commissioner.
* * *
§ 7386. State Fire [Safety] Advisory [Committee] Board.
(a) Creation.--
(1) There is created the State Fire [Safety] Advisory
[Committee] Board to assist the commissioner. The [committee]
board shall consist of [nine] the following members[, as
follows:
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(i) The director of the agency, ex officio.
(ii) The commissioner, who shall serve as chairman.
(iii) Two paid firefighters to be appointed by the
Governor from a list of at least six nominees submitted
by the Pennsylvania Professional Firefighters
Association.
(iv) One member of the public to be appointed by the
Governor.
(v) Four volunteer firefighters, one each to be
appointed by the President pro tempore of the Senate, the
Minority Leader of the Senate, the Speaker of the House
of Representatives and the Minority Leader of the House
of Representatives.].
(i) The commissioner, who shall serve as
chairperson.
(ii) The President of the Pennsylvania Professional
Firefighters Association or a designee.
(iii) The President of the Pennsylvania Career Fire
Chiefs Association or a designee.
(iv) The President of the Pennsylvania Fire and
Emergency Services Institute or a designee.
(v) Nine firefighters appointed by the Governor, one
of whom shall be a certified fire service instructor.
Each of the nine members shall be a current member of a
fire company, serve or have served as either a chief
officer or administrative officer of a fire company
within the past five years and must be certified as
Firefighter I or its equivalent. One member shall be
selected from each of the following regions:
(A) Region 1 - Crawford, Erie, Forest, Venango
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and Warren Counties.
(B) Region 2 - Allegheny, Armstrong, Beaver,
Butler, Cambria, Fayette, Greene, Indiana, Lawrence,
Mercer, Somerset, Washington and Westmoreland
Counties.
(C) Region 3 - Cameron, Clarion, Clearfield,
Elk, Jefferson and McKean Counties.
(D) Region 4 - Bedford, Blair, Centre, Fulton,
Huntingdon, Juniata, Mifflin and Snyder Counties.
(E) Region 5 - Bradford, Clinton, Lycoming,
Potter, Sullivan, Tioga and Union Counties.
(F) Region 6 - Adams, Cumberland, Dauphin,
Franklin, Lancaster, Lebanon, Perry and York
Counties.
(G) Region 7 - Berks, Columbia, Luzerne,
Montour, Northumberland, Schuylkill and Wyoming
Counties.
(H) Region 8 - Carbon, Lackawanna, Lehigh,
Monroe, Northampton, Pike, Susquehanna and Wayne
Counties.
(I) Region 9 - Bucks, Chester, Delaware,
Montgomery and Philadelphia Counties.
(2) Members of the [committee] board shall serve at the
pleasure of their appointing authority. [The committee shall
advise the commissioner on matters pertaining to the
operation of the Pennsylvania State Fire Academy and any
other matters as the commissioner may request.]
(3) The chairperson and the minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
Senate and the chairperson and the minority chairperson of
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the Veterans Affairs and Emergency Preparedness Committee of
the House of Representatives, or their designees, shall serve
as nonvoting members of the board.
(4) The Governor may appoint the following as nonvoting
members of the board:
(i) The director of the agency.
(ii) The Director of the Bureau of Emergency Medical
Services of the Department of Health.
(iii) Representatives of the following:
(A) Pennsylvania Association of Hazardous
Materials Technicians.
(B) The Pennsylvania Association of Fire
Equipment Distributors.
(C) The County Commissioners Association of
Pennsylvania.
(D) The Pennsylvania Municipal League.
(E) The Pennsylvania State Association of
Township Commissioners.
(F) The Pennsylvania State Association of
Township Supervisors.
(G) The Pennsylvania State Association of
Boroughs.
(H) The Pennsylvania Association of Councils of
Governments.
(I) Trade associations.
(J) Fire equipment and apparatus vendors.
(K) Members of the public.
(5) Members of the board initially appointed by the
Governor under paragraph (1)(v) shall serve an initial term
of two years as designated by the Governor at the time of
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appointment. Upon the expiration of the initial term of
office of each member of the board as appointed under
paragraph (1)(v), the member shall hold office for a term of
four years and may continue to hold office for a period of
time not to exceed six months or until a successor is
appointed and qualified, whichever occurs first. Upon the
death, resignation or removal from office of any person so
appointed, the Governor shall appoint a competent person to
serve for the unexpired term.
(b) Expenses.--Members of the [committee] board shall
receive reimbursement for reasonable travel[, hotel] and other
necessary expenses incurred in the performance of their duties
in accordance with Commonwealth regulations.
(c) Meetings.--The board shall meet at least quarterly or at
such times and places as called upon by the commissioner. All
meetings of the board shall comply with 65 Pa.C.S. Ch. 7
(relating to open meetings).
(d) Duties.--The board shall advise the commissioner on
matters pertaining to the following:
(1) Legislation.
(2) Innovative programming.
(3) Standards of cover for municipalities.
(4) Operation of the Pennsylvania State Fire Academy.
(5) Any other matters as the commissioner may request or
as directed by the General Assembly.
Section 4. This act shall take effect in 60 days.
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