West Virginia State Firemen's Association

UPDATE: The time for the start of the Firefighter Day at the Capitol has changed. We will be meeting at 8am in the Rotunda of the Capitol.

The Legislative Reception will be held on February 28 2013 at the Beni-Kedem Shrine beginning at 6pm in Charleston West Virginia (next to the Civic Center). We request that members from across the State notify their Delegates and Senators and ask that they attend this reception.

The West Virginia State Fireman’s Association invites all West Virginia firefighters to the 2013 State of the State Address at the West Virginia State Capitol on Wednesday, February 13, 2013.

We will meet in the Rotunda, 2nd Floor at 5:30 p.m. to assemble.  Our goal is to be seen and not be forgotten.  Firefighters are asked to dress appropriately – dress uniform, fire department shirt, etc. – and make sure that your Senators and Delegates know that you came to see them – your voice does matter!

We have several items before the Legislature this year that are very important:

a)  The proposed re-organization of the State Fire Commission

b)  The proposed Legislative Rule on VFD Training – Title 87, Series 8

c)  Levy margin(s) – from a super majority to a simple majority

d)  A permanent solution to Worker’s Comp – no bill on the table as of yet.

The State Association needs your help…when you cash your Quarterly checks from the State and your Worker’s Comp re-imbursement, you need to thank the State Fireman’s Association for those benefits – that is what we fight for – for your department…now we are asking for your support.

Please pass this on to all of your fire service contacts…

NOTE: If you want to send in a comment, please email comments to: anthony.w.carrico@wv.gov. Please copy the Association (wvsfa-webmaster@wvsfa.org) on the email so we can keep track of the communications.

Attention all Members:

The West Virginia State Fire Commission has filed two (2) Legislative Rules with the Secretary of State’s Office that will have a significant impact on the West Virginia Fire Service. One relates to training and operations of volunteer fire departments and the other is the State Fire Code. The Rules are currently our for public comment and there is a Public Hearing scheduled on the Fire Code Only on Friday, August 24th, 2012 at 10:00 a.m. at the Charleston Civic Center Parlor “D”, Charleston, WV. The training rules are limited to written comments only.

First, as you know, the WV SFA was successful in getting HB 4107 passed unanimously which addressed training and operations of volunteer fire departments. The proposed Legislative Rule is not too bad but does need a little “tweaking” to make sure that there isn’t an undue burden placed on our members. If you would please refer to the attached DRAFT Comment letter you will see that all we are asking for are a couple of minor changes that will allow existing equivalencies to continue to be recognized.

Secondly, there is the State Fire Code which is much more controversial. The Fire Commission, by verbal amendment offered at the very last minute, decided to strike through language in a section of the old code that, by reference, now forces the adoption of over ninety (90) NFPA Standards in their entirety and without exception or modification. Included in these Standards are approximately fifty-seven (57) NFPA Standards that directly relate to the operation of volunteer fire departments. This proposal is absolutely absurd, the state fire code was never intended to be used to regulate fire departments in any way. Since it’s inception, over thirty years ago, the fire code has always exempted the adoption of any standards applicable to the operation of local fire departments. The fire commission is way out of line in attempting to change the scope and applicability of this document without any legislative authorization or a compelling reason for doing so. This action must be stopped by any and all means necessary. The WVSFA and other organizations are prepared to do so but we need your help.

These referenced Standards include, but are certainly not limited to: NFPA 1500, NFPA 1911, NFPA 1021, NFPA 1041, NFPA 1720, NFPA 1000, NFPA 1001, NFPA 1002, NFPA 1003 and NFPA 1006 . Further, as any violation of the State Fire Code is, by statute, a criminal offense, it would become a criminal offense if you or your department doesn’t meet the Standard(s). Let me give you a few examples:

• a. NFPA 1001 requires all firefighters to be Haz Mat Operations level at a minimum – many WV volunteer firefighters are currently just Awareness Level. Keep in mind, all Operations Level personnel are to be supervised by a Technician.
• b. NFPA 1002 would require that all apparatus drivers be certified to the Driver/Operator level for any apparatus they drive – not just the current EVOC course.
• c. NFPA 1500 requires all firefighters to have a comprehensive annual physical and would exclude members from service who have certain pre-existing medical conditions. Cost projections of what this would cost individual departments vary widely from $250.00 per member per year to as much as $500.00 per member per year with a much higher initial cost due to baseline establishment.
• d. NFPA 1911 requires that all fire apparatus maintenance and inspections be performed by a person who is fully certified in NFPA 1071 (Level II) and NFPA 1002 as a Driver/Operator for that piece. I doubt that there are five (5) people that meet these qualifications in the whole State, e.g. have both certifications.
• e. NFPA 1021 would require that all fire line officers – from lieutenants to fire chiefs – would have to be fire instructors as well. Chief Officers would have to be Fire Officer III and Fire Chiefs would have to meet Fire Officer IV.
• f. NFPA 1720, establishes requirements for the organization, deployment, operations of volunteer fire departments. Includes health and safety programs, risk management programs, record keeping requirements, etc….. All of these extensive programs cost more money.
• g. And you, and your fire line officers and Board of Directors could be charged criminally if your department doesn’t meet any of the referenced Standards.
• h. The Re-certification rules require all fire departments to meet all the requirements promulgated by the fire commission as part of the recertification process, so we would have to meet these standards in order to maintain certification/recognition.
• i. We could go on and on……

The Association is asking that all member departments, their individual members and their county associations submit written comments ASAP. Please consider the use of the attached DRAFT Comment letters as a template for filing comments with the Commission. Remember, the comment period ends August 24th at 4:00 pm so your immediate action is needed. Please feel free to add any additional comments that you feel are appropriate or to write your own letter(s) of comment. We encourage you to become involved in the process as these rules impact how you will operate. You can also email written comments to: anthony.w.carrico@wv.gov. Please copy the Association (wvsfa-webmaster@wvsfa.org) on the email so we can keep track of the communications. We will present printed copies of the e-mailed comments at the public hearing.

The WV SFA Officers, Executive Committee, Legislative Committee, our Lobbyist, and our representatives on the Fire Commission have fought long and hard to stop this nonsense. Even the West Virginia Municipal League has joined the fight in agreement with us because they realize even the cities cannot afford to implement these Standards in their entirety. It is now time for the Fire Commission and those in the Legislature to hear from you as the end user. They need to see that there are real people on real volunteer fire departments behind our protests. We are asking you to send in your comments – either by use of our suggested template or on your own. We are also asking for you to show up at the Fire Commission public hearing on the Fire Code on Friday, August 24 th at 10:00 am and sign up to speak. Please do not miss on your last chance to be heard…

Respectfully submitted,

James L. Oldaker, President

Attachments: Training Rule Comment Template, Fire Code Comment Template

NOTE: If you want to send in a comment, please email comments to: anthony.w.carrico@wv.gov. Please copy the Association (wvsfa-webmaster@wvsfa.org) on the email so we can keep track of the communications.

Today in the Governor’s Reception Room of the West Virginia State Capitol, Governor Earl Ray Tomblin conducted a ceremonial signing of House Bill 4107 – the Volunteer Firefighters Training Bill. Witness to the signing were members Tom Miller, Glen Whittington, John Holstein, Sam Love, Paul Gill and President Jim Oldaker of the West Virginia State Firemen’s Association, Delegates Josh Stowers and Greg Butcher of the WV House of Delegates and other dignitaries. Tom Miller states: “…This bill will bring fire service training in the State of West Virginia into the 21rst Century and will allow firefighters and first responders to take valuable courses without having to travel long distances and/or spend more time away from their families.  The increased access to training opportunities will improve firefighter safety and improve the public safety services provided to the citizens of West Virginia. On behalf of the entire membership of the West Virginia State Fireman’s Association we would like to formally thank the Legislature and Governor Tomblin for the unanimous passage of Senate Bill 213 / House Bill 4107 in both the Senate and the House of Delegates.” By signing this bill, firefighters all across the State of West Virginia will be allowed to take modularized training in a blended learning environment, saving tax payer dollars and allowing these firefighters to take classes on their own schedule. We anticipate this type of environment to be a positive development tool for up and coming volunteers.

Coupled with the unanimous passage of HB 4107 was the unanimous passage of Senate Bill 343 – providing volunteer and part-volunteer fire departments’ a grace period to meet eligibility for certain funds allocation.

Through the 2012 Legislative session, we have seen proof positive of a combined effort between the leaders of the volunteer fire service community and State Government to work together in order to achieve positive results. We look forward to working with the Legislature and the Administration in the upcoming Interim Committee meetings and the 2013 session to acquire a permanent solution to our Worker’s Compensation issue.

The West Virginia State Firemen’s Association would like to thank everyone involved in the process to get this legislation passed. Without the help of all members involved in the Association, it would not be possible to achieve such success.

The Governor sent word to the Senate and the House that Senate Bill 213 and House Bill 4107 have been approved. This is a great accomplishment for the advancement of training for the Fire Service of West Virginia.

Thanks to the Legislature, the Governor and all of the people that pushed to get this Legislation passed.

Now, let’s focus on making Training and Safety THE priority for the Fire Service in West Virginia!

Dear Honorable Senators and Delegates,

On behalf of the entire membership of the West Virginia State Fireman’s Association we would like to formally thank you for your unanimous passage of Senate Bill 213 / House Bill 4107 in both the Senate and the House of Delegates.

This bill will bring fire service training in the State of West Virginia into the 21rst Century and will allow firefighters and first responders to take valuable courses without having to travel long distances and/or spend more time away from their families. The increased access to training opportunities will improve firefighter safety and improve the public safety services provided to the citizens of West Virginia.

This bill will provide a process where end users and the public will have a voice in how their fire departments and first responders are trained.

We humbly thank the 2012 Legislature for this prudent action and for its bipartisan support.

This is a preparation alert. Between now and Monday, we may request
that all available personnel show up at the Capitol to help get this
bill passed, without amendments, in the Senate.

For those available on Monday 2/13/2012, please be prepared to rush to
Charleston for assistance on HB 4107, pertaining to training and
Legislative oversight of training. We will need an “all hands on deck”
response from all available firefighters throughout the State. For
those available and willing, prepare to take days off of work,
vacation days, etc. This bill is this important.

Will are also initiating an email campaign to all Senators regarding
these issues and HB 4107 showing our support. There’s misinformation
being spread by those against this bill and we need to set the record
straight. The correct information will be sent out by the WVSFA over
the weekend. Please copy/paste and/or send out your version of our
mailing to your Senators after you receive it from the WVSFA.

More info to follow over the weekend, including some very shocking
quotes from so-called “leaders” within the fire service.

Thanks and have a safe day!

/john

Photo by John Holstein

State Capitol – West Virginia State Auditor Glenn Gainer III was on hand during Firefighter Day at the West Virginia State Capitol Complex to personally hand-deliver several worker’s compensation reimbursement checks to several departments in the State. Capt. Chasity Gregory of the Alum Creek Volunteer Fire Department was on hand to accept the check for her department. Auditor Gainer stated “…there’s still approximately three and half million of the 5 million million dollars acquired during last year’s Legislative session. We still have many departments left to reimburse and we’ll need to acquire funding in the future.”

Through the help of the Auditor’s office, a streamlined process has been developed to receive, enter and return reimbursements in an efficient manner. Mr. Gainer stated that their office attempts to get each and every reimbursement check out within 24 hours of initial receipt.

CHARLESTON, W.Va. — West Virginia’s volunteer firefighters could seek some of their needed training and testing online through legislation moving this session.

A unanimous House of Delegates passed that proposal Monday. It would also allow these firefighters to pursue training in segments.

Read the Original Article

Legislative Reception:

Feb 7 @ 5pm-9pm Beni Kedem Shrine (Next to Fifth Quarter Restaurant) Quarrier Street, Charleston WV.

Refreshments will be provided.

–

Firefighter Day at the Legislature, Feb 8 2012 @ Capitol Rotunda, 9am

Officers of the WVSFA will be on hand to go over agenda items.

Of note:

• Recruitment and Retention
• Legislative Rules for the State Fire Commission
• Restructuring of existing volunteer fire department State Code Items
• Training & Safety