SF 1219

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to occupations and professions; creating licensing standards for full-time
firefighters; establishing fees; proposing coding for new law in Minnesota
Statutes, chapter 299F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299F.901] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms used in sections 299F.902 and 299F.903 have
the meanings given them in this section.
new text end

new text begin Subd. 2. new text end

new text begin Chief firefighting officer. new text end

new text begin "Chief firefighting officer" means the highest
ranking employee or appointed official of a fire department.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of public safety
or the commissioner's designee.
new text end

new text begin Subd. 4. new text end

new text begin Fire department. new text end

new text begin "Fire department" has the meaning given it in section
299F.092, subdivision 6. For purposes of sections 299F.902 and 299F.903, fire department
also includes a division of a state agency, regularly charged with the responsibility of
providing fire protection to the state or a local government, to include a private, nonprofit
fire department directly serving a local government, but does not include an industrial
fire brigade.
new text end

new text begin Subd. 5. new text end

new text begin Licensed firefighter. new text end

new text begin "Licensed firefighter" means a full-time firefighter,
to include a fire department employee, member, supervisor, or appointed official, who is
licensed by the commissioner and who is charged with the prevention or suppression
of fires within the boundaries of the state.
new text end

new text begin Subd. 6. new text end

new text begin Full-time firefighter. new text end

new text begin A "full-time firefighter" is a person who is employed
and charged with the prevention or suppression of fires within the boundaries of the state
on a full-time, salaried basis. Full-time firefighter does not include a volunteer, part-time
or paid, on-call firefighter.
new text end

Sec. 2.

new text begin [299F.902] LICENSE REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure requirement. new text end

new text begin Notwithstanding any general or local law
or charter to the contrary, a full-time firefighter employed on or after July 1, 2012, by a
fire department is not eligible for permanent employment without being licensed as a
firefighter by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Grandparent provision. new text end

new text begin A full-time firefighter who has received a
permanent appointment with a fire department prior to July 1, 2012, shall be licensed by
the commissioner at the request of the firefighter upon providing the commissioner with
a statement signed by the chief firefighting officer of the fire department that employs
the full-time firefighter.
new text end

new text begin Subd. 3. new text end

new text begin Newly employed firefighters. new text end

new text begin Any full-time firefighter employed by a
fire department on or after July 1, 2012, must obtain a license from the commissioner. To
obtain a license, an individual not covered by subdivision 2 must provide the commissioner
with a statement signed by the chief firefighting officer of the fire department that employs
the full-time firefighter that the individual has met the certification requirements of section
299F.903
new text end

new text begin Subd. 4. new text end

new text begin Issuance of license. new text end

new text begin The commissioner shall license any individual who
meets the requirements of subdivision 2 or 3. A license is valid for three years from the
date of issuance, and the fee for the license is $75.
new text end

new text begin Subd. 5. new text end

new text begin License renewal. new text end

new text begin A license shall be renewed so long as the firefighter
and the chief firefighting officer provide evidence to the commissioner that the licensed
firefighter has had at least 72 hours of firefighting training in the previous three-year
period. The fee for renewing a firefighter license is $75, and the license is valid for an
additional three years.
new text end

new text begin Subd. 6. new text end

new text begin Duties of chief firefighting officer. new text end

new text begin It shall be the duty of every chief
firefighting officer to ensure that all full-time firefighters have a license from the
commissioner beginning July 1, 2012. Each full-time firefighter and chief firefighting
officer may apply for licensure after January 1, 2011.
new text end

Sec. 3.

new text begin [299F.903] FIREFIGHTER CERTIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Certification examination; requirements. new text end

new text begin (a) The commissioner
must appoint an organization that is accredited by the International Fire Service
Accreditation Congress to prepare and administer firefighter certification examinations.
Firefighter certification examinations shall be designed to ensure competency in at least
the following areas:
new text end

new text begin (1) fire prevention;
new text end

new text begin (2) fire suppression; and
new text end

new text begin (3) hazardous materials operations.
new text end

new text begin (b) To receive a certificate, an individual must demonstrate competency in fire
prevention and fire suppression.
new text end

new text begin (c) Nothing in this section shall be construed to prohibit any requirement imposed
by a local fire department for more comprehensive training.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility for certification examination. new text end

new text begin Except as provided in
subdivision 3, any person may take the firefighter certification examination who has
successfully completed the following:
new text end

new text begin (1)(i) a firefighter course from a postsecondary educational institution or an
accredited institution of higher learning; or (ii) an apprenticeship program maintained by a
fire department employing the person; and
new text end

new text begin (2) a skills-oriented basic training course.
new text end

new text begin Subd. 3. new text end

new text begin Certain baccalaureate or associate degree holders eligible to take
certification examination. new text end

new text begin A person with a baccalaureate degree, or with an associate
degree in applied fire science technology, from an accredited college or university who
has successfully completed the skills-oriented basic training course under subdivision 2,
clause (2), is eligible to take the firefighter certification examination notwithstanding the
requirements of subdivision 2, clause (1).
new text end