PRINTER'S NO. 291
No. 284 Session of 1989
INTRODUCED BY BELL, JANUARY 24, 1989
REFERRED TO STATE GOVERNMENT, JANUARY 24, 1989
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing that the
21 Pennsylvania State Fire Commissioner, the Pennsylvania State
22 Fire Academy, the Pennsylvania Volunteer Loan Assistance
23 Program and the Fire Safety Advisory Committee shall be
24 within the Department of Community Affairs; and making
25 repeals.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
29 as The Administrative Code of 1929, is amended by adding
1 sections to read:
2 Section 2503-C. Pennsylvania State Fire Commissioner.--
3 (a) Within the Department of Community Affairs there shall
4 be a Pennsylvania State Fire Commissioner to coordinate the
5 activities of State and local community interests engaged in
6 fire prevention and control activities; to serve as a focal
7 point for information relative to fires, property damage,
8 injuries and the loss of life; to disseminate, through periodic
9 reports, information about fire prevention efforts and fire
10 control techniques; to develop and participate in a program of
11 public information and education designed to create a public
12 awareness of the incidence and the ravages of fire and methods
13 the individual can take to prevent them and to minimize loss
14 when they occur; and to serve as a central point to support
15 local interests and their efforts in all matters pertinent to
16 fire prevention and control.
17 (b) The Department of Community Affairs shall use, employ
18 and expend in connection with the functions, powers and duties
19 in subsection (a) for the position of the Pennsylvania State
20 Fire Commissioner, contract obligations, if any, records, files,
21 property, supplies and equipment now being used or held in
22 connection with such functions, powers and duties, and the
23 unexpended balance of appropriations, allocations, Federal
24 grants and other funds available or to be made available for use
25 in connection with such functions, powers and duties transmitted
26 by Reorganization Plan No. 5 of 1981 (P.L.612), and subsequently
27 transferred pursuant to 35 Pa.C.S. § 7315(b) (relating to
28 Pennsylvania State Fire Commissioner).
29 (c) The Pennsylvania State Fire Commissioner shall be a
30 person who, by reason of training, experience and attainment, is
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1 qualified to coordinate fire prevention and control activities.
2 The commissioner shall be appointed by the Governor, after
3 consultation with the fire service community, with the advice
4 and consent of a majority of the members elected to the Senate.
5 Section 2504-C. Pennsylvania State Fire Academy.--(a) There
6 is hereby created within the Department of Community Affairs a
7 Pennsylvania State Fire Academy, which shall be under the
8 operational control of the Pennsylvania State Fire Commissioner.
9 The department shall administratively provide for the erection
10 or construction, the furnishing, the staffing and the equipping
11 of the buildings and structures through the Department of
12 General Services, and the leasing thereof by the Commonwealth
13 for the use and support of the academy.
14 (b) There are hereby transferred to the Department of
15 Community Affairs, to be used, employed and expended in
16 connection with the functions, powers and duties, personnel
17 contract obligations, if any, records, files, property, supplies
18 and equipment now being used or held in connection with such
19 functions, powers and duties, and the unexpended balance of
20 appropriations, allocations, Federal grants and other funds
21 available or to be made available for use in connection with
22 such functions, powers and duties as transmitted by
23 Reorganization Plan No. 6 of 1981 (P.L.613), and subsequently
24 transferred pursuant to 35 Pa.C.S. § 7316(b) (relating to
25 Pennsylvania State Fire Academy).
26 (c) The Pennsylvania State Fire Academy shall serve as the
27 resident Commonwealth government center for hazardous chemical
28 and radioactive material training. Resident and field staffing
29 shall be added to the staff of the Pennsylvania State Fire
30 Academy for this purpose.
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1 (d) A Statewide firefighter training program shall be
2 implemented by the Pennsylvania State Fire Commissioner to
3 educate the fire service community about the importance of
4 firefighter health and safety. This program shall include
5 measures designed to increase the mobility of training courses
6 throughout this Commonwealth, to enhance firefighter
7 accessibility to training course offerings, and to improve and
8 expand training for and response capability to emergencies with
9 emphasis on hazardous materials incidents. The program shall
10 also include implementation of a firefighter certification
11 program in accordance with parameters developed by the
12 commissioner, consistent with established standards. The
13 acquisition of physical resources to enhance Statewide
14 capability will be coordinated by the commissioner.
15 Section 2505-C. Pennsylvania Volunteer Loan Assistance
16 Program.--(a) Within the Department of Community Affairs there
17 shall be a loan assistance program, which shall be implemented
18 by the Pennsylvania State Fire Commissioner, for volunteer
19 agencies, known as the Pennsylvania Volunteer Loan Assistance
20 Program, which shall make loans to volunteer fire companies,
21 volunteer ambulance services, hazardous materials units,
22 volunteer fire companies and volunteer rescue squads for the
23 purpose of establishing or modernizing facilities to house
24 firefighting apparatus equipment, ambulances and rescue
25 vehicles, and for purchasing new firefighting apparatus
26 equipment, ambulances, rescue vehicles and protective and
27 communications equipment, and any other accessory equipment
28 necessary for the proper performance of such organizations'
29 duties, as recognized by the community.
30 (b) There are hereby transferred to the Department of
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1 Community Affairs, to be used, employed and expended in
2 connection with the functions, powers and duties authorized in
3 subsection (a), personnel, contractual obligations, if any,
4 mortgages, liens, encumbrances, and any other secured interests,
5 records, files, property, supplies and equipment now being used
6 or held in connection with such functions, powers and duties,
7 and the unexpended balance of appropriations, allocations and
8 other funds available or to be made available for use in
9 connection with such functions, powers and duties, as
10 transmitted by Reorganization Plan No. 7 of 1981 (P.L.615), and
11 subsequently transferred pursuant to 35 Pa.C.S. § 7317(b)
12 (relating to Pennsylvania Volunteer Loan Assistance Program).
13 Section 2506-C. Fire Safety Advisory Committee.--(a) There
14 is hereby created a Fire Safety Advisory Committee to the
15 Department of Community Affairs. The committee shall consist of
16 nine members: the Secretary of the Department of Internal
17 Affairs, ex officio; the Pennsylvania State Fire Commissioner,
18 who shall serve as chairman; two paid firemen; one member of the
19 public to be appointed by the Governor; and four volunteer
20 firemen, one each to be appointed by the Speaker of the House of
21 Representatives, the Minority Leader of the House of
22 Representatives, the President pro tempore of the Senate and the
23 Minority Leader of the Senate. Members of the committee shall
24 serve at the pleasure of their appointing authority. The
25 committee shall advise the Pennsylvania State Fire Commissioner
26 on matters pertaining to the operation of the Pennsylvania State
27 Fire Academy and any such other matters as the commissioner may
28 request.
29 (b) Members of the committee shall receive reimbursement for
30 reasonable traveling, hotel and other necessary expenses
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1 incurred in the performance of their duties in accordance with
2 Commonwealth regulations.
3 Section 2507-C. Appropriations for the Pennsylvania State
4 Fire Commissioner.--All appropriations for the Pennsylvania
5 State Fire Commissioner shall be by a separate line item in the
6 General Appropriation Act.
7 Section 2. Sections 7315, 7316, 7317, 7318 and 7319 of Title
8 35 of the Pennsylvania Consolidated Statutes (relating to health
9 and safety) are repealed.
10 Section 3. This act shall take effect in 60 days.
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