PRINTER'S NO. 1599
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1179
Session of
2024
INTRODUCED BY CAPPELLETTI, FONTANA, HUGHES, COSTA AND BREWSTER,
MAY 16, 2024
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MAY 16, 2024
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, providing
for opportunities for municipal firefighters and volunteer
firefighters; establishing the Municipal and Volunteer
Firefighter Training and Education Incentive Program and the
Municipal and Volunteer Firefighter Training and Education
Incentive Fund; imposing duties on the State Fire Advisory
Board; imposing penalties; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 73 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER G
OPPORTUNITIES FOR MUNICIPAL FIREFIGHTERS AND
VOLUNTEER FIREFIGHTERS
Sec.
7391. Scope of subchapter.
7392. Definitions.
7393. Guidelines.
7394. Firefighter training and education.
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7395. Database.
7396. Participation in fire company.
7397. Penalties.
7398. Municipal and Volunteer Firefighter Training and
Education Incentive Program.
7399. Municipal and Volunteer Firefighter Training and
Education Incentive Fund.
7399.1. Reports.
7399.2. Construction.
§ 7391. Scope of subchapter.
This subchapter relates to the requirements of and incentives
for certification, training and education opportunities for
municipal firefighters and volunteer firefighters.
§ 7392. 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:
"Board." The State Fire Advisory Board.
"Commissioner." The State Fire Commissioner.
"Fire company." A volunteer fire company, a municipal fire
company or department or a combined volunteer and municipal fire
company.
"Firefighter." An individual who is a municipal firefighter
or volunteer firefighter.
"Firefighter level 1 certification." A certificate of
completion provided to an individual who successfully
demonstrates competency in performance of the duties of a
firefighter at the first level of progression as identified by
the National Fire Protection Association, through the completion
of a fire or emergency service training program under direct
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supervision in hazardous conditions that is provided under
section 7383.1 (relating to curriculum, training and education
certification management system) and issued for demonstration of
the individual's knowledge and skills to function as an integral
member of a firefighting team that meets or exceeds the
requirements of the National Fire Protection Association.
"Fund." The Municipal and Volunteer Firefighter Training and
Education Incentive Fund established under section 7399(a)
(relating to Municipal and Volunteer Firefighter Training and
Education Incentive Fund).
"Immediately dangerous to life or health" or "IDLH." With
respect to a fire and emergency service, involving any of the
following:
(1) A concentration of airborne contaminants, normally
expressed in parts per million or milligrams per cubic meter,
which represents the maximum level from which an individual
could escape within 30 minutes without any escape-impairing
symptoms or irreversible health effects.
(2) A condition that would pose an immediate or delayed
threat to life, cause irreversible adverse health effects or
interfere with an individual's ability to escape unaided from
a hazardous environment.
"Municipal firefighter." An individual who:
(1) is hired by a municipal fire company; and
(2) receives pay, salary, compensation or other
consideration of value for participating in the fire service
and activities of the municipal fire company.
"Municipality." A county, city, borough, incorporated town
or township.
"Program." The Municipal and Volunteer Firefighter Training
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and Education Incentive Program established under section
7398(a) (relating to Municipal and Volunteer Firefighter
Training and Education Incentive Program).
"Qualified expenses." As follows:
(1) Expenses that are actually and necessarily incurred
for attending and successfully completing training and
education prescribed under section 7383.1.
(2) The term includes expenses for:
(i) Tuition and fees.
(ii) Required textbooks and learning materials.
(iii) Required curriculum or instructional materials
required to administer curriculum.
(iv) Required computer hardware and computer
software associated with instruction.
(v) Transportation related to participation in
required training and education activities and other
valid educational expenses approved by the board.
"Volunteer fire company." A nonprofit chartered corporation,
association or organization located in this Commonwealth which
provides fire protection or rescue services and which may offer
other voluntary emergency services within this Commonwealth.
"Volunteer firefighter." An individual who:
(1) is a member of a fire company organized and existing
under the laws of this Commonwealth; and
(2) is unpaid and does not receive pay, salary,
compensation or other consideration of value for
participating in the fire service and activities of the fire
company.
§ 7393. Guidelines.
(a) Authorization.--The board, in consultation with the
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commissioner, shall coordinate, assist and establish guidelines,
as needed, to provide access to the training and education
certification management system established under section 7383.1
(relating to curriculum, training and education certification
management system) and facilitate the prompt implementation of
this subchapter.
(b) Contents.--The guidelines developed under this section
for a fire company to incorporate when establishing its
firefighting services team shall provide, at a minimum, the
following:
(1) That each firefighter hired, or enrolled in the case
of a volunteer firefighter, by a fire company shall have the
required certification, training and education necessary for
the position.
(2) Each position of activity or services that a
firefighter may hold with a fire company and the
certification, training and education level required for the
position.
(3) That unless otherwise provided in this subchapter, a
fire company is prohibited from hiring, or enrolling in the
case of a volunteer firefighter, for any position for
firefighting activities or services, a firefighter who does
not hold at least a firefighter level 1 certification or
equivalent required training as applicable.
§ 7394. Firefighter training and education.
(a) Completion and certification.--A firefighter hired, or
enrolled in the case of a volunteer firefighter, by a fire
company on or after the effective date of this subsection shall
successfully complete the training and education program
established under section 7383.1 (relating to curriculum,
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training and education certification management system) as a
requirement of employment or enrollment with the fire company.
The following apply:
(1) The fire company shall require, at a minimum, that
the firefighter provide a certification of completion of the
program of firefighter level 1 under section 7383.1 issued
for the demonstration of knowledge and skills to function as
an integral member of a firefighting team under direct
supervision in hazardous conditions, prior to hiring or
enrolling the individual as a member of the fire company.
(2) If the firefighter seeks a position in the fire
company that is not subject to certification, such as in the
case of a position with a municipal fire company or
department that does not require a firefighter level 1
certification or other certification but instead requires the
successful completion of other training or course work, the
fire company shall require proof of successful completion of
the training or course work.
(b) Time period.--Unless a firefighter is granted additional
time to complete the required training, a firefighter hired, or
enrolled in the case of a volunteer firefighter, on or after the
effective date of this subsection, shall be given one year to
become certified or otherwise meet the training requirements
before a municipal firefighter becomes ineligible to receive
pay, salary, compensation or other consideration of value from a
fire company or a volunteer firefighter becomes ineligible to be
enrolled with a fire company.
(c) Permissible and prohibited activities.--
(1) Except as provided in paragraph (2), a fire company
shall not be prohibited by this subchapter from:
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(i) Hiring a noncertified individual for a position
that is not defined within the training and education
certification management system unless otherwise required
by law.
(ii) Establishing apprenticeship and internship
positions, programs or other similar opportunities for
training and education leading to certification while on
the job, whether developed by the fire company, the
commissioner, the Department of Education or an
independent entity specializing in firefighter
certification.
(2) Except for training purposes, an uncertified
individual is expressly prohibited from entering an IDLH
atmosphere and actively fighting any type of fire in the IDLH
atmosphere, regardless of whether the IDLH atmosphere is
contained within a structure or exists outside a structure.
§ 7395. Database.
(a) Development of form.--The board, in consultation with
the commissioner, shall develop a standardized form for each
fire company to use to provide the certification, training and
education level of each firefighter at the fire company.
(b) Contents of form.--The information collected under the
form under subsection (a) shall include, at a minimum, the
following:
(1) The name of each firefighter at the fire company.
(2) The level of certification, training and education
successfully completed by each firefighter at the fire
company.
(3) The institution or training facility where the
certification, training and education of each firefighter at
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the fire company occurred.
(c) Submittal of form.--Each fire company shall submit a
completed form under this section to the board with the
following information regarding firefighters at the fire
company:
(1) Firefighters employed, or enrolled in the case of
volunteer firefighters at the fire company, before the
effective date of this paragraph. The fire company shall
submit this information within 30 days of the effective date
of this paragraph.
(2) Each firefighter hired, or enrolled in the case of a
volunteer firefighter, on or after the effective date of this
paragraph. The fire company shall submit this information
within 30 days of the hiring or enrollment of the
firefighter.
(d) Update of information.--Each fire company shall update
the information provided under this section, in a form and
manner determined by the board, within 10 days of a change
regarding certification, training and education of a firefighter
at the fire company.
(e) Retention of information.--The board shall retain the
information provided under this section in an electronic
searchable database.
§ 7396. Participation in fire company.
(a) Prohibitions.--Except as provided in subsections (b) and
(c) and unless permitted by this subchapter or as provided in
guidelines established by the board, the following apply:
(1) An individual who does not fulfill the requirements
of this subchapter may not serve as a firefighter.
(2) A fire company may not pay, provide a salary,
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compensation or other consideration of value or, in the case
of a volunteer firefighter, enroll as a member for
participation in fire service or activities a firefighter who
fails to meet the requirements of this subchapter.
(b) Exception if certification not required.--A fire company
may hire, pay, provide a salary, compensation or other
consideration of value or, in the case of a volunteer
firefighter, enroll as a member in the fire company a
firefighter for a position that does not require certification
under section 7383.1 (relating to curriculum, training and
education certification management system).
(c) Exception for junior firefighter.--This subchapter shall
not restrict a fire company from permitting participation in
firefighter activities by a junior firefighter who is 18 years
of age or older.
§ 7397. Penalties.
(a) Municipal fire company.--An official of a municipality
with a fire company who orders, authorizes or pays a salary to
an individual in violation of the provisions of this subchapter
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of not more than $1,000 or be imprisoned
for a term of not more than 30 days.
(b) Volunteer fire company.--An individual acting or under a
duty to act for a volunteer fire company who orders, authorizes
or enrolls an individual as a member of the volunteer fire
company in violation of the provisions of this subchapter
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of not more than $1,000 or be imprisoned
for a term of not more than 30 days.
(c) Individual acting or under duty to act.--For purposes of
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this section:
(1) An individual is legally accountable for conduct
performed, or caused to be performed, by the individual under
this subchapter in the name of a volunteer fire company or on
its behalf to the same extent as if the conduct were
performed, or caused to be performed, in the individual's own
name or on the individual's own behalf.
(2) If a duty to act is imposed under this subchapter
upon a volunteer fire company, an agent of the volunteer fire
company having primary responsibility for the discharge of
the duty is legally accountable for a reckless omission to
perform the required act to the same extent as if the duty
were imposed by law directly upon the agent.
(3) If an individual is convicted of an offense by
reason of the individual's legal accountability for the
conduct of a volunteer fire company under this section, the
individual is subject to the sentence authorized by law when
a natural person is convicted of an offense of the grade and
the degree involved.
§ 7398. Municipal and Volunteer Firefighter Training and
Education Incentive Program.
(a) Establishment and purposes.--The Municipal and Volunteer
Firefighter Training and Education Incentive Program is
established to:
(1) Provide assistance in the form of grants for
certification, training and education.
(2) Promote excellency in firefighter services.
(3) Incentivize improvement of firefighters through
training and education.
(4) Support the recruitment of firefighters.
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(5) Provide assistance for certified firefighters to
become fire service instructors.
(b) Administration.--The board shall administer the program.
(c) Eligibility for firefighters generally.--A resident of
this Commonwealth who is a municipal firefighter or volunteer
firefighter is eligible to receive a grant under the program, in
accordance with this subchapter, if in the year that the
firefighter applies for a grant under the program, the
firefighter:
(1) was hired or enrolled as a member of a fire company;
or
(2) successfully completes training and education under
section 7383.1 (relating to curriculum, training and
education certification management system).
(d) Eligibility for fire service instructors.--A certified
firefighter is eligible to receive a grant under the program, in
accordance with this subchapter, if, in the year the certified
firefighter applies for a grant under the program, the certified
firefighter successfully completes training to become a fire
service instructor.
(e) Powers and duties of board.--The board shall:
(1) Implement and administer the program.
(2) Identify expenses that are qualified expenses under
the program or, in the case of a certified firefighter,
expenses that are reimbursable for training to become a fire
service instructor.
(3) Identify acceptable forms of proof of purchase
required for each qualified expense under the program or, in
the case of a certified firefighter, expenses that are
reimbursable for training to become a fire service
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instructor.
(4) Develop an application and an application process
for the program, which shall include the following:
(i) The name and contact information of the
firefighter.
(ii) The name of the fire company at which the
firefighter is hired or enrolled.
(iii) The qualified expenses or other expenses for
which a grant is sought.
(iv) The entity providing the certification,
training or education.
(v) Proof of eligibility for a grant under the
program.
(5) Establish an evaluation process and guidelines for
the program.
(6) To the extent that program money is available, award
grants to:
(i) Each firefighter meeting the requirements of
subsection (c)(1), to be awarded on a pro rata basis. The
board shall set a deadline for the submittal of
applications under the program as a means to determine
the pro rata amount of the grant that an applicant could
be awarded.
(ii) Each firefighter meeting the requirements of
subsection (c)(2) in an amount equal to the applicant's
qualified expenses remaining after subtraction of the
amount of any Federal grant, State grant or other
scholarship or grant that the individual receives, but in
no case shall the grant awarded under the program exceed
$1,000 per educational course or training course
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successfully completed by the firefighter.
(iii) Each certified firefighter meeting the
requirements of subsection (d), to be awarded on a pro
rata basis. The board shall set a deadline for the
submittal of applications under the program as a means to
determine the pro rata amount of the grant that an
applicant could be awarded.
(7) Post the processes for the program and a listing of
the expenses identified as qualified training and education
expenses on the publicly accessible Internet website of the
board.
(8) Perform all other functions necessary to carry out
the program.
(f) Other limitations.--
(1) A firefighter is limited to a one-time award of a
grant under subsection (c)(1). An applicant receiving a grant
under subsection (c)(1) may not be awarded a second grant
under subsection (c) at any subsequent time.
(2) A firefighter receiving a grant under subsection (c)
may also receive a one-time award of a grant under subsection
(d).
(3) A grant awarded under the program shall not be for
an amount in excess of 10% of money available in the fund.
§ 7399. Municipal and Volunteer Firefighter Training and
Education Incentive Fund.
(a) Establishment and purpose.--The Municipal and Volunteer
Firefighter Training and Education Incentive Fund is established
as a nonlapsing fund in the State Treasury for the purpose of
providing grants under the program.
(b) Initial appropriation.--For the 2023-2024 fiscal year,
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the General Assembly shall appropriate for deposit into the fund
$5,000,000 for the purpose of implementing, administering and
providing grants under the program.
(c) Fund sources.--The board may solicit and accept
alternative funding for the program, including Federal money,
State appropriations, grants, donations, gifts and other
payments from any source. Money for the program shall be
deposited into the fund.
(d) Appropriations.--
(1) All money deposited into the fund and interest and
other earnings on the money in the fund are appropriated to
the board on a continuing basis to award grants under the
program.
(2) Any appropriation by the General Assembly to the
fund shall be in addition to any appropriation made to the
board.
(e) Operation.--Any money remaining in the fund at the end
of each fiscal year, including interest and other earnings,
shall not revert to the General Fund but shall remain in the
fund.
(f) Administrative expenses.--The board may use up to 3% of
available money in the fund for administrative expenses
associated with the program.
(g) Allocation.--Beginning in fiscal year 2023-2024 and each
fiscal year thereafter, the sum appropriated annually by the
General Assembly, along with any Federal or State money received
for the program, shall be allocated as follows:
(1) Forty percent of the sum shall be allocated for
grants for the purpose specified under section 7398(c)(1)
(relating to Municipal and Volunteer Firefighter Training and
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Education Incentive Program). If money allocated under this
paragraph remains after the close of the application period
and award of grants under section 7398(c)(1), any remaining
money shall be available to increase the percentage of money
allocated for grants for the purpose specified under section
7398(c)(2).
(2) Sixty percent of the sum shall be allocated for
grants for the purpose specified under section 7398(c)(2).
§ 7399.1. Reports.
(a) Requirement.--On or before the date that is one year
after the effective date of this paragraph, and each year
thereafter, the board shall issue a report on the program.
(b) Contents.--Each report under subsection (a) shall
contain the following:
(1) The number of firefighters applying for grants under
the program.
(2) The number of grants approved and denied, in whole
or in part, under the program.
(3) The nature of the grants awarded under the program,
in terms of certification, training or education or regarding
training to become a fire service instructor.
(4) The amount of each grant awarded under the program.
(5) The name of each firefighter awarded a grant under
the program, along with the fire company at which the
firefighter was hired or enrolled.
(6) The money remaining in the fund.
(7) Any recommendations on improving the program.
(c) Submittal.--Each report under this section shall be
submitted to the following:
(1) The Governor.
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(2) The commissioner.
(3) The Secretary of Health of the Commonwealth.
(4) The chairperson and minority chairperson of the
Health and Human Services Committee of the Senate.
(5) The chairperson and minority chairperson of the
Health Committee of the House of Representatives.
§ 7399.2. Construction.
This subchapter shall not be construed to exempt a municipal
firefighter from the provisions of the existing civil service
laws or laws relating to tenure.
Section 2. This act shall take effect immediately.
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