Pennsylvania Act 1995-61 — STATE FIRE COMMISSIONER ACT

Act text

STATE FIRE COMMISSIONER ACT
                  Act of Nov. 13, 1995, P.L. 604, No. 61              Cl. 35
                                  AN ACT

     Establishing the State Fire Commissioner within the Pennsylvania
        Emergency Management Agency; transferring the Volunteer Loan
        Assistance Program and the State Fire Academy to the State
        Fire Commissioner; and making repeals.

        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 State Fire
     Commissioner 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:
        "Agency."  The Pennsylvania Emergency Management Agency.
        "Commissioner."  The State Fire Commissioner appointed under
     section 3.
        "Committee."  The Fire Safety Advisory Committee established
     under section 6.
     Section 3.  State Fire Commissioner.
        (a)  State Fire Commissioner.--Within the agency there shall
     be the State Fire Commissioner, who, through the Lieutenant
     Governor, shall report to the Governor on all matters concerning
     fire safety in this Commonwealth. 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
     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).
        (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.
     Section 4.  Pennsylvania State Fire Academy.
        (a)  Creation.--There is hereby created the Pennsylvania
     State Fire Academy, formerly known as the Pennsylvania State
     Firemen's Training School created under the act of May 26, 1949
     (P.L.1844, No.547), entitled, "An act establishing the
     Pennsylvania State Firemen's Training School in or adjacent to
     the borough of Lewistown; providing for its operation and
     maintenance by the Department of Public Instruction; authorizing
     the acquisition of a site either by gift or purchase by the
     Commonwealth or by The General State Authority, or the use of
     land now owned by the Commonwealth; providing for the erection
     or construction and the furnishing and equipping of the
     buildings and structures by The General State Authority, and the
     leasing thereof by the Commonwealth; and conferring powers and
     imposing duties upon the Department of Public Instruction and
     the Public Service Institute Board," 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 the act of May
     26, 1949 (P.L.1844, No.547), are hereby transferred to and
     vested in the commissioner.
        (b)  Transfer.--There are hereby 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 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 the act of May 26, 1949
     (P.L.1844, No.547), and transferred to the agency by
     Reorganization Plan No.6 of 1981 (P.L.613).
        (c)  Hazardous chemical and radioactive material training.--
     The Pennsylvania State Fire Academy shall serve as the resident
     Commonwealth government center for hazardous chemical and
     radioactive material training. The Pennsylvania State Fire
     Academy is authorized to use resident and field staff to support
     this training.
        (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.
        (e)  Administration.--
            (1)  The commissioner may assess reasonable fees on for-
        profit corporations and businesses and on students who are
        nonresidents of this Commonwealth for fire, rescue and
        emergency service training programs provided to them by the
        Pennsylvania State Fire Academy, but in no event shall any
        member of a municipal or volunteer fire, rescue, ambulance or
        other emergency service organization located within this
        Commonwealth be charged for training provided at the
        Pennsylvania State Fire Academy.
            (2)  The commissioner may charge all students for class
        materials and supplies directly related to the conduct of
        classes provided at the Pennsylvania State Fire Academy and
        for insignia, patches and similar memorabilia indicating
        student attendance or achievement at the Pennsylvania State
        Fire Academy.
            (3)  All revenues generated by these fees and charges
        shall augment the appropriation made to the Office of State
        Fire Commissioner.
     Section 5.  Pennsylvania Volunteer Loan Assistance Program.
        (a)  Creation.--There shall be a loan assistance program,
     which shall be implemented by the commissioner, for volunteer
     agencies, known as the Pennsylvania Volunteer Loan Assistance
     Program, which shall make loans under the act of July 15, 1976
     (P.L.1036, No.208), known as the Volunteer Fire Company,
     Ambulance Service and Rescue Squad Assistance Act. The
     Pennsylvania Volunteer Loan Assistance Program and the powers
     and duties previously vested in the Department of Community
     Affairs, which were transferred to the agency under
     Reorganization Plan No.7 of 1981 (P.L.615) and which are set
     forth under the Volunteer Fire Company, Ambulance Service and
     Rescue Squad Assistance Act, are hereby transferred to and
     vested in the commissioner.
        (b)  Transfer.--There are hereby transferred to the
     commissioner, to be used, employed and expended in connection
     with the functions, powers and duties enumerated in subsection
     (a), personnel, contractual obligations, if any, mortgages,
     liens, encumbrances and any other secured interests, 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 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 Community Affairs under the Volunteer Fire
     Company, Ambulance Service and Rescue Squad Assistance Act and
     transferred to the agency by Reorganization Plan No.7 of 1981
     (P.L.615).
        (c)  Regulations.--The Volunteer Loan Assistance Program
     regulations found in 4 Pa. Code Ch. 113 (relating to volunteer
     fire company, ambulance service and rescue squad assistance) are
     hereby transferred to the commissioner from the agency. The
     commissioner shall fully implement and administer those
     regulations on the effective date of this act. The commissioner
     may be substituted for the agency throughout the regulations and
     the regulations may be renumbered and published in the
     Pennsylvania Bulletin as final regulations without those
     regulatory changes being subject to the provisions of the act of
     June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
     Act.

        Compiler's Note:  The Department of Community Affairs,
            referred to in this section, was abolished by Act 58 of
            1996 and its functions were transferred to the Department
            of Community and Economic Development.
     Section 6.  Fire Safety Advisory Committee.
        (a)  Creation.--There is hereby created the Fire Safety
     Advisory Committee to assist the commissioner. The committee
     shall consist of nine members, as follows:
            (1)  The director of the agency, ex officio.
            (2)  The commissioner, who shall serve as chairman.
            (3)  Two paid firefighters to be appointed by the
        Governor from a list of at least six nominees submitted by
        the Pennsylvania Professional State Firefighters Association.
            (4)  One member of the public, to be appointed by the
        Governor.
            (5)  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.
     Members of the committee 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.
        (b)  Expenses.--Members of the committee shall receive
     reimbursement for reasonable traveling, hotel and other
     necessary expenses incurred in the performance of their duties
     in accordance with Commonwealth regulations.
     Section 7.  Appropriations.
        All appropriations for the commissioner shall be by a
     separate line item in the General Appropriation Act.
     Section 8.  Repeals.
        (a)  Absolute.--The provisions of 35 Pa.C.S. §§ 7315, 7316,
     7317, 7318 and 7319 are repealed.
        (b)  Inconsistent.--The following acts and parts of acts are
     rescinded insofar as they are inconsistent with this act:
        Reorganization Plan No.5 of 1981 (P.L.612).
        Reorganization Plan No.6 of 1981 (P.L.613).
        Reorganization Plan No.7 of 1981 (P.L.615).
     Section 9.  Effective date.
        This act shall take effect in 60 days.