ENROLLED
H. B. 4490
(By Delegates Douglas, Kuhn, Butcher, Perdue,
Yeager, DeLong and Ennis)
[Passed March 8, 2002; in effect ninety days from passage
.]
AN ACT to repeal article twenty-nine-a, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact section twenty-two, article
fifteen, chapter eight of said code; and to amend said chapter
by adding thereto a new article, designated article fifteen-a,
all relating to professional firefighters; defining terms;
appointments to paid fire departments; creating professional
firefighters certification board of apprenticeship and
training; composition of board; requirements for meetings;
requirements for quorum; duties of the board; certification
requirements; review of certification; and responsibility for
compliance with article.
Be it enacted by the Legislature of West Virginia:
That article twenty-nine-a, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
repealed; that section twenty-two, article fifteen, chapter eight be amended and reenacted; and that said chapter be amended by
adding thereto a new article, designated article fifteen-a, all to
read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-22. Vacancies filled by promotions; eligibility for
promotion.
Vacancies in positions in a paid fire department shall be
filled, so far as practicable, by promotions from among individuals
holding positions in the next lower grade in the department.
Promotions shall be based upon experience and by competitive
written examinations to be provided by the firemen's civil service
commission: Provided, That no individual shall be eligible for
promotion from the lower grade to the next higher grade until such
individual shall have completed at least two years of continuous
service in the next lower grade in the department immediately prior
to said examination and has completed the registered apprenticeship
and certification program under article fifteen-a, chapter eight of
this code: Provided, however, That completion of the registered
apprenticeship and certification program as a requirement for
promotion shall apply only to those firefighters employed since the
twelfth day of June, one thousand nine hundred eighty-seven. The
commission shall have the power to determine in each instance
whether an increase in salary constitutes a promotion.
ARTICLE 15A. STANDARDS FOR PROFESSIONAL FIREFIGHTERS TRAINING;
REGISTERED APPRENTICESHIP AND CERTIFICATION.
§8-15A-1. Definitions.
For the purposes of this article, unless a different meaning
clearly appears in the context:
(a) "Bureau of apprenticeship and training" means the bureau
of apprenticeship and training of the United States department of
labor;
(b) "Certificate of certification" means a certificate issued
by the bureau of apprenticeship and training stating that a person
has complied with the standards set forth in this article;
(c) "Local training board" means the board of the local paid
fire department required to be established by the standards set
forth in section two of this article;
(d) "Municipality" means any incorporated town or city whose
boundaries lie within the geographic boundaries of the state;
(e) "Paid fire department" means those paid fire departments
established under the provisions of section nine, article fifteen,
chapter eight of this code;
(f) "Professional firefighter" means those persons who are
employed by a municipality in the state that has a paid fire
department;
(g) "State" means the state of West Virginia;
(h) "State board" means the professional firefighters certification board of apprenticeship and training as established
in section three of this article;
(i) "West Virginia professional fire chiefs association" means
the association representing paid fire chiefs in the state of West
Virginia; and
(j) "Professional firefighters of West Virginia" means the
association representing paid firefighters in the state of West
Virginia.
§8-15A-2. Original appointments.
All original appointments in a paid fire department subject to
the civil service provisions of section sixteen, article fifteen,
chapter eight of this code, made after the twelfth day of June, one
thousand nine hundred eighty-seven, shall enroll and complete the
requirements as registered with the bureau of apprenticeship and
training of the United States department of labor, for the craft of
fire fighting.
§8-15A-3. Professional firefighters certification board of
apprenticeship and training.
(a) A professional firefighters certification board of
apprenticeship and training is hereby created and assigned
responsibility for review of programs and standards, for training
of apprenticeship and certification of professional fire
fighters in the state. The state board shall be comprised of five
members including two representatives appointed by each of the following: The professional firefighters of West Virginia; the
West Virginia professional fire chiefs association, and one
representative from the bureau of apprenticeship and training of
the United States department of labor.
(b) The state board shall elect a chairperson. Meetings may
be held upon the call of the chairperson. A majority of the
members of the state board constitutes a quorum.
§8-15A-4. Duties of the professional firefighters certification
board of apprenticeship and training.
The professional firefighters certification board of
apprenticeship and training shall, by or pursuant to rule or
regulation:
(a) Establish standards governing the quality of training of
paid fire departments in the state pursuant to section two of this
article.
(b) Establish the level of skill required for certification.
(c) Adopt procedures for the local training board to follow in
securing certification of a paid firefighter by the bureau of
apprenticeship and training of the United States department of
labor.
(d) Certify the paid firefighter as provided in section five
of this article and request a certificate of certification from the
bureau of apprenticeship and training of the United States
department of labor to the person that has qualified.
§8-15A-5. Certification requirements.
Standards for certification must meet or exceed those of the
National Fire Protection Association Standards No. 1001 as amended
and updated from year to year.
§8-15A-6. Review of certification.
The state board shall annually review the training curriculum
of local training boards offered pursuant to the provisions of this
article, and shall make recommendations to improve the quality and
sufficiency of training to secure certification of paid
firefighters.
§8-15A-7. Compliance.
The state board shall ensure employer and employee compliance
with this article. The chief of the paid fire department and the
local training board shall see and assure compliance with all
established criteria.
The provisions of this article shall be liberally construed to
accomplish its objectives and purposes.