Section  36-32-1

Definitions.

For the purpose of this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates the contrary:

(1) FUND. The Alabama Firefighters' Personnel Standards and Education Fund provided for in Section  36-32-9.

(2) COMMISSION. The Alabama Firefighters' Personnel Standards and Education Commission established by this chapter.

(3) FIRE-FIGHTING AGENCY. Any agency charged with the responsibility of detecting, combating and preventing damage to property and lives by fires, but excluding the Alabama State Forestry Commission.

(4) FIRE PROTECTION PERSONNEL and FIREFIGHTER. Any person permanently employed in fire administration, fire prevention, fire suppression, fire education, arson investigation, and emergency medical services, but excluding employees of the Alabama State Forestry Commission.

(5) VOLUNTEER FIREFIGHTER. Any person who is not permanently employed as fire protection personnel or firefighter.

(6) TRAINEE. A firefighter who has not been certified by the commission as having met the minimum basic training as set forth by Section  36-32-7 and by the rules and regulations adopted by the commission.

(7) SCHOOL. Any school located within the State of Alabama whether privately or publicly owned which offers a course in fire protection training or related subjects and which has been approved by the commission.

(8) STATE. The State of Alabama.

(Acts 1975, No. 863, p. 1701, Section1; Acts 1979, No. 79-759, p. 1352, Section 1; Acts 1980, No. 80-809, p. 1669, Section 1; Acts 1988, No. 88-663, p. 1064, Section 1.)

Section  36-32-2

Creation; composition; qualifications of members; appointment; terms of office; adoption of bylaws.

The Alabama Firefighters' Personnel Standards and Education Commission/Alabama State Fire College-Shelton State Community College is hereby created and established. The commission shall consist of seven members, each of whom must be a qualified elector of the state who is over the age of 18 years. The Professional Firefighters Association of Alabama shall designate one member of the commission to serve for a term of four years; the Alabama Firemen's Association shall designate one member to serve for a term of four years; the State Fire Marshal or his designee shall serve as a member; and the Governor shall designate four members of the commission. The members appointed by the Governor shall each serve for terms of four years; provided, that the members first appointed by the Governor shall serve for terms of one, two, three and four years, respectively, as the Governor shall designate. The members may adopt bylaws to govern the organization of the commission, its meetings and activities; provided, that the bylaws shall not conflict with this chapter.

(Acts 1975, No. 863, p. 1701, Section 2; Acts 1980, No. 80-809, p. 1669, Section 1; Acts 1988, No. 88-663, p. 1064, Section 2.)

Section  36-32-3

Officers; executive director; clerical assistants.

The commission shall elect a chairman and a vice-chairman from among its members at its first meeting and thereafter at its first meeting following the appointment of a new member. The commission may employ an executive director who shall serve at the discretion of the commission. The commission may employ assistants to assist the executive director as required to coordinate training and to conduct investigations pursuant to Section  36-32-5 and any technical assistance programs. The assistants shall serve at the discretion of the commission. The commission shall set the salaries of the executive director and assistants subject to the salary schedules adopted by the Alabama State Board of Education for the Alabama state community, junior, and technical colleges. The commission may employ such clerical assistants as functions and duties may require. Final approval of hiring or dismissal of employees shall rest with the President of Shelton State Community College. Members of the commission shall receive $50.00 per diem for attending meetings of the commission, plus travel expenses as provided for by state travel law, provided funds are available.

(Acts 1975, No. 863, p. 1701, Section 3; Acts 1978, No. 778, p. 1140, Section 1; Acts 1980, No. 80-809, p. 1669, Section 1; Acts 1988, No. 88-663, p. 1064, Section 3.)

Section  36-32-4

Meetings; seal; quorum.

The commission shall meet in regular session quarterly at a time and place in the State of Alabama to be designated in its bylaws. Special meetings may be called by the chairman, the vice-chairman or any three members by giving notice of the time, place and purpose of such special meeting at least five days before it is to be held, to each member of the commission. Such notice may be waived by all members of the commission, either before or after a special meeting. The commission shall adopt an official seal and the executive director shall be custodian of the seal and shall have authority to affix the seal to agreements and obligations of the commission. A quorum shall be a majority of the commission members. The Governor shall summon the commission to its first meeting.

(Acts 1975, No. 863, p. 1701, Section 4; Acts 1978, No. 778, p. 1140, Section 1; Acts 1980, No. 80-809, p. 1669, Section 1.)

Section  36-32-5

Functions and duties.

The commission shall have the following functions and duties together with all powers necessary or convenient for the performance thereof:

(1) To study, obtain data, statistics and information and make reports concerning the recruitment, selection and training of fire-protection personnel in the state; to make recommendations for improvement in methods of recruitment, selection and training of such personnel;

(2) To recommend minimum curriculum requirements for schools operated for the specific purpose of training firefighter recruits or fire-protection personnel;

(3) To consider, hold public hearings on, adopt and promulgate such standards relating to trainees as fire-protection personnel as set forth by the commission;

(4) To consult and coordinate with any fire-fighting agency, university, college, community college, the Alabama State Fire College, or other educational institution concerning the development of firefighter training schools and programs of courses of instruction, including, but not limited to, education and training in the areas of fire science, fire technology, fire administration, and all allied and supporting fields;

(5) To encourage the establishment of fire-fighting training schools and courses on fire fighting in the educational institutions in the state;

(6) To gather statistics and data and make reports concerning the training of fire-protection personnel and their accomplishments;

(7) To certify fire-fighting training and education programs as having attained the minimum required standards prescribed by such commission;

(8) To certify fire-protection personnel in respect to their competence to perform fire service duties at various defined levels of responsibility as prescribed by such commission;

(9) To direct research in the field of fire fighting and prevention and to accept gifts and grants for such purposes;

(10) To consult with national fire service organizations or agencies concerning the training and certification of fire-protection personnel in the state;

(11) To establish and utilize testing procedures and levels of grading which are consistently uniform with the standard prescribed by such commission;

(12) To make investigation to determine whether the requirements of this chapter and the rules, regulations and standards of the commission issued pursuant to this chapter are being observed and followed;

(13) To recommend to the Attorney General, the district attorneys and other appropriate officials measures for the enforcement of the requirements of this chapter and the rules, regulations and standards issued by the commission pursuant to this chapter;

(14) To enter into cooperative agreements with state and local fire-fighting agencies for the effective coordination of fire-fighting training in the state;

(15) To obtain the services and advice of experts in the field of fire-fighting for the purpose of aiding the commission in its studies, consideration, reports and recommendations, and the adoption of standards, rules and regulations; and

(16) To encourage the participation of local fire-fighting agencies in the programs established by the commission.

(Acts 1975, No. 863, p. 1701, Section5; Acts 1979, No. 79-759, p. 1352, Section2; Acts 1980, No. 80-809, p. 1669, Section  1.)

Section  36-32-6

Approval of regulations; regulations and bylaws to be kept current; public inspection of regulations and bylaws.

Regulations proposed by the commission shall, before becoming effective, be distributed to each fire-fighting agency, the Professional Firefighters' Association of Alabama, the Alabama Association of Fire Chiefs, the Alabama Firemen's Association, and such other organizations of fire-fighting personnel as may be formed or organized from time to time. Such agencies and organizations shall be given a period of at least 45 days to comment upon such regulations before their final adoption by the commission. All bylaws of the commission and its regulations shall be kept current and shall be available to the public at all times.

(Acts 1975, No. 863, p. 1701, Section6; Acts 1980, No. 80-809, p. 1669, Section  1.)

Section  36-32-7

Minimum standards for firefighters.

(a) Applicability. The minimum standards provided in this Section  shall apply to trainees who are to be employed as fire-protection personnel by a public fire fighting agency. No city or fire fighting agency which provides fire protection to the public shall permanently employ any trainee as fire-protection personnel who has not met the requirements of this Section . Provided, however, no fire prevention inspector, fire protection engineer, public fire and life safety educator, public safety dispatcher, or person whose duties are solely clerical or secretarial in nature employed as fire-protection personnel by the fire fighting agency of any Class 1 municipality shall be required to meet the minimum physical requirements as a trainee for firefighter as prescribed by the commission.

(b) Employment and qualifications. The trainee shall be certified by a licensed practicing physician as satisfactory by the appointing authority designated as in good health and physically fit for the performance of his duties as a firefighter and shall meet the employment qualifications of the appointing authority.

(c) Training.

(1) FIRE-PROTECTION PERSONNEL. Prior to permanent employment, or a period not exceeding 12 months after the date of employment, the trainee shall have met the requirements for certification as prescribed by the commission. Training shall be given by an instructor certified by the Alabama Firefighters' Personnel Standards and Education Commission and the training may be administered within the department in which the applicant seeks to serve, if the department meets the requirements of the commission for a training center. Upon the completion of training, the commission shall administer a comprehensive written test to each applicant; and each applicant must pass the test as a condition of completion of such training.

(2) VOLUNTEER FIREFIGHTER. A volunteer firefighter may be certified by the commission as a volunteer firefighter if the volunteer firefighter shall have met the training requirements prescribed by the commission. Provided, the training is conducted by an instructor certified by and in facilities approved by the commission. The training need not be during continuous sessions but may be scheduled at different intervals during a period not exceeding 24 months for a total of 160 hours. This subdivision shall not be construed as to mandate training for volunteer firefighters, except for purposes of certification.

(Acts 1975, No. 863, p. 1701, Section7; Acts 1977, No. 700, p. 1238, Section1; Acts 1978, No. 778, p. 1140, Section1; Acts 1979, No. 79-759, p. 1352, Section3; Acts 1980, No. 80-809, p. 1669, Section1; Act 2006-594, p. 1623, Section2.)

Section  36-32-8

Penalty for employing firefighter failing to meet standards.

Any person who shall permanently employ any trainee who, to the knowledge of the employer, fails to meet the minimum standards provided in Section  36-32-7 or the standards, rules and regulations issued by the commission under this chapter, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding $1,000.00.

(Acts 1975, No. 863, p. 1701, Section 8; Acts 1980, No. 80-809, p. 1669, Section 1.)

Section  36-32-9

Fund — Creation; acceptance and disposition of grants and appropriations.

There is hereby established and created in the Treasury of the state the Alabama Firefighters' Personnel Standards and Education Fund.

The commission may accept grants from the federal government, its departments and agencies as well as grants and appropriations by the state, any county or municipality or any individual, corporation or fund. All grants and appropriations to the state for work within the functions and duties of the commission and all grants and appropriations to the commission shall be paid into the fund.

(Acts 1975, No. 863, p. 1701, Section 9.)

Section  36-32-10

Fund — Municipalities and counties authorized to make appropriations and grants.

The governing body of each incorporated city or town and the governing body of each county of the state is hereby authorized to appropriate any funds not otherwise appropriated to or for the benefit of the commission and its work. All such appropriations shall be paid into the fund.

(Acts 1975, No. 863, p. 1701, Section 10.)

Section  36-32-11

Fire-fighting agencies authorized to make mutual assistance agreements.

Each fire-fighting agency in the state is hereby authorized to make agreements and arrangements for cooperation and mutual assistance in fire-fighting training, with the commission and with each other.

(Acts 1975, No. 863, p. 1701, Section 11; Acts 1980, No. 80-809, p. 1669, Section 1.)

Section  36-32-12

Powers and duties of municipal governments.

Except as expressly provided in this chapter, nothing contained in this chapter shall be deemed to limit the powers, rights, duties and responsibilities of municipal governments, nor to affect other laws now in effect.

(Acts 1975, No. 863, p. 1701, Section 12.).