1st Engrossment - 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:
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The terms used in sections 299F.902 and 299F.903 have
the meanings given them in this section.
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"Chief firefighting officer" means the highest
ranking employee or appointed official of a fire department.
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"Commissioner" means the commissioner of public safety
or the commissioner's designee.
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"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.
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"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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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A person who is employed as a full-time
firefighter and who is not currently licensed under this section is guilty of a petty
misdemeanor and must be immediately discharged from employment.
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(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:
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(1) fire prevention;
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(2) fire suppression; and
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(3) hazardous materials operations.
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(b) To receive a certificate, an individual must demonstrate competency in fire
prevention and fire suppression.
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(c) Nothing in this section shall be construed to prohibit any requirement imposed
by a local fire department for more comprehensive training.
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Except as provided in
subdivision 3, any person may take the firefighter certification examination who has
successfully completed the following:
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(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
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(2) a skills-oriented basic training course.
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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).
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