There is a newer version of this Chapter
2023
2022
2021 (you are here)
2020
2019
Other previous versions
View our newest version here

2021 Guam Statutes
Title 10 - Health & Safety
Division 3 - Public Safety
Chapter 72 - Guam Fire Department

Universal Citation: 10 Guam Code §§ 72102 - 72110 (2021)
Previous Next

Download as PDF
10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT CHAPTER 72 GUAM FIRE DEPARTMENT § 72101. § 72102. § 72103. § 72104. § 72105. § 72105.1. § 72105.2. § 72105.3. § 72105.4. § 72105.5. § 72106. Powers and Duties. Officer in Charge at Scene of Fire. Penalty, Obstruction of Operations. Authority, Fires on Marine Vessels. Emergency Medical Services. Advanced Life Support Program. Rules and Regulations. Budget for ALSP. Emergency Medical Technicians. Untitled. Fire, Life and Medical Emergency Fund (“FLAME”). § 72107. Rendering Appointments Permanent. § 72108. Authorization to Borrow. § 72109. Emergency On-Line Registry for Individuals with Special Needs. § 72110. Annual Firefighter Recruits Training Cycle.§ 72101. Powers and Duties. The Guam Fire Department shall have the power and duty to control and extinguish injurious or dangerous fires and to remove that which is liable to cause such fires, and to enforce all laws relating to the preventing or spreading of fires and all laws pertaining to fire control and fire hazards within the Territory. SOURCE: Added by P.L. 17-078:3 (Dec. 12, 1984). § 72102. Officer in Charge at Scene of Fire. The Officer of the Fire Department in charge at the scene of any fire shall have full power and authority to direct the operation of extinguishing the same and to take the necessary precautions to prevent the spread thereof. In the course of such operations he may prohibit approach to such fire by any person, vehicle, vessel or thing and may remove or cause to be removed and kept away from such fire any vehicle, vessel or thing and all persons not actually and usefully employed, in the judgment of said officer, in the 1 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT extinguishing of such fire or the preservation of property in the vicinity thereof. SOURCE: Added by P.L. 17-078:3 (Dec. 12, 1984). § 72103. Penalty, Obstruction of Operations. Any person who shall in any way obstruct the operations of the Fire Department in connection with any such fire or who shall disobey any lawful command of the officer of the Fire Department in charge at the scene of such fire, or of the police in cooperating with them, shall be guilty of a misdemeanor. SOURCE: Added by P.L. 17-078:3 (Dec. 12, 1984). § 72104. Authority, Fires on Marine Vessels. Nothing in the Chapter shall be construed to limit the authority of the master or officers of any vessel on fire or in danger from fire, subject to the general authority granted herein of the Fire Department, to control the operations in protection of the public interest. SOURCE: Added by P.L. 17-078:3 (Dec. 12, 1984). § 72105. Emergency Medical Services. The Fire Department shall have the power and the responsibility of maintaining an emergency medical and rescue services system. The Department shall employ emergency medical services personnel who have been certified to provide such services under the provisions of Chapter 84, 10 GCA. The Fire Department shall maintain and operate equipment necessary to convey on land and sea an individual who is acutely ill, injured, incapacitated or helpless and requires emergency care. The Fire Department personnel shall provide emergency medical assistance on the scene and enroute to designated emergency medical services facilities to the full extent of their certification by the Emergency Medical Services Commission. SOURCE: Added by P.L. 17-078:3 (Dec. 12, 1984). § 72105.1. Advanced Life Support Program. There is hereby established, within the Guam Fire 2 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT Department, the ‘Advanced Life Support Program’, which shall provide at least the following services: (a) Basic life support assessment and intervention; (b) Medical impression or diagnosis; (c) Manual defibrillation, electrocardiogram (ECG) interpretation; (d) Intubation services; (e) Administration of intravenous medication; (f) Medical control, through drug administration, to include narcotics and standing orders; (g) Diagnostic service, to include pulse oximetry and glucose testing; (h) Differential diagnosis; and (i) Life-saving services identified by the Guam Fire Department as essential to the success of the Program. SOURCE: Added by P.L. 28-054:2 (June 30, 2005). § 72105.2. Rules and Regulations. The Guam Fire Department shall promulgate rules and regulations for the effective administration and operation of the Advanced Life Support Program. The rules and regulations shall mandate requirements for the operations of the Advanced Life Support Program, to include the education/training certification requirements for assigned personnel to provide program services. Said proposed rules and regulations shall be transmitted to I Liheslaturan Guåhan no later than one hundred twenty (120) days after the enactment of this Act. SOURCE: Added by P.L. 28-054:2 (June 30, 2005). § 72105.3. Budget for ALSP. The Fire Chief shall incorporate into the Guam Fire Department’s annual budgetary request the funding requirements for the Advanced Life Support Program, to include personnel, equipment, vehicles, supplies, and other necessities. 3 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT SOURCE: Added by P.L. 28-054:2 (June 30, 2005). § 72105.4. Emergency Medical Technicians. Every Guam Fire Department firefighter shall obtain and maintain Emergency Medical Technician Basic (EMT-B) certification, after which he may undergo advanced training to earn either an Emergency Medical Technician-Intermediate (EMT-I) or Emergency Medical Technician-Paramedic (EMT-P) certification subject to the written authorization of the Fire Chief of the Guam Fire Department. SOURCE: Added by P.L. 28-062:2 (June 30, 2005). § 72105.5. Untitled. Immediately after the Director of Administration makes recommendations pursuant to 4 GCA § 6232, the Guam Fire Department shall provide in its budget funding for the salary adjustments for firefighters as recommended by the Director. SOURCE: Added by P.L. 28-062:3 (June 30, 2005). COMMENT: Effective January 1, 2006, reference to the “Civil Service Commission,” amended to “Director of Administration” pursuant to P.L. 28-068:IV:45 (Sept. 30, 2005). § 72106. Fire, Life and Medical Emergency Fund (‘FLAME’). (a) Creation of Fire, Life and Medical Emergency Fund (“FLAME”). There is hereby created the Fire, Life and Medical Emergency Fund (“FLAME”). Sixty percent (60%) of all monies deposited within the Fund shall be used for the purchase, critical maintenance and repair of essential emergency rescue and firefighting vehicles, emergency life support and medical equipment, and training for Emergency Medical Technician and Paramedic certifications. Forty percent (40%) of all monies deposited within the Fund shall be used to pay for emergency medical and paramedic certified firefighter salary adjustments required by 4 GCA § 6223 and § 6231 and 10 GCA § 72105.3. The Fund shall be under the control of the Guam Fire Department and the Director of Administration (the Director). The Director shall administer the Fund and release the necessary monies upon 4 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT request by the Fire Chief for expenditures authorized by this Section. The Director shall report on a quarterly basis to the Speaker of I Liheslaturan Guåhan the revenues collected and expended from this Fund and post the same on the Department’s website. (b) Authorization to Collect Fees for Services and Fines. The Guam Fire Department shall establish, in accordance with the Administrative Adjudication Law, no later than August 1, 2006, a schedule of (1) fees for the following services: non-emergency use of an ambulance primarily for transportation as opposed to emergency medical care under circumstances where the person ordering the same does not reasonably believe that a bona fide medical emergency condition exists, making building inspections, or issuing burning permits; and (2) fines for creating fire hazards, disobeying permit conditions, failing to correct hazardous conditions reported as a result of building inspections, or non-compliance with the Fire Code. All fees and fines collected under such approved schedule shall be deposited in the Fund. (c) No Transfer Authority by I Maga’lahen Guåhan. I Maga’lahen Guåhan may not use his transfer authority to utilize any monies deposited in the Fund. SOURCE: Added by P.L. 22-052:2 (Dec. 2, 1993). Amended by P.L. 28068:II:II:20 (Sept. 30, 2005). Subsection (a) amended by P.L. 30-133:1 (Apr. 30, 2010). 2013 NOTE: Numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric scheme in accordance to 1 GCA § 1606. § 72107. Rendering Appointments Permanent. A Guam Fire Department employee who has occupied the position of Firefighter II or Fire Service Specialist on a temporary basis for more than five (5) years shall be deemed to be promoted to and occupy said position on a permanent basis. The Director of Administration shall execute the necessary personnel actions to document such promotions. 5 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT SOURCE: Added by P.L. 28-068:II:II:23 (Sept. 30, 2005). § 72108. Authorization to Borrow. (a) I Maga’lahen Guåhan is authorized by this Section to enter into a debt agreement on behalf of the Government of Guam for the sole purpose of financing the purchasing and shipping of equipment for the Guam Fire Department and to secure such loan by proceeds from the FLAME Fund (10 GCA § 72106). I Maga’lahen shall enter into such an agreement subject to the concurrence of the Legislature by statute, and the members shall not incur any personal liability for any loan agreement lawfully entered into. The debt agreement shall become effective as of the date the Legislature concurs by statute. 12 GCA § 2103(k) shall apply to the loan obtained pursuant to this Chapter. The term of the debt agreement shall not exceed ten (10) years. For purposes of this Section, the form of the debt instrument for the “debt agreement” may be a loan, bond or other form of debenture. The choice of the debt instrument shall be the instrument with the lowest cost of funds in terms of net present value of the origination costs and future payments. (b) Equipment to be purchased: Item Highrise Apparatus – Ladder Truck Extension Highrise Apparatus – Elevated Platform Fire Trucks (fully equipped) Tankers (5,000 Gallons) Quantity Estimate (ea) Cost Cost Total 1 1,300,000 $1,300,000 1 1,300,000 1,300,000 4 500,000 2,000,000 2 300,000 600,000 6 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT Ambulances (fully equipped) Rescue Boats (fully equipped) Heavy Duty trucks (tow boats) District Commander Vehicles Jet Skis (fully equipped) Special Rescue Vehicles (ALS) Defibrillators (one for each fire truck) Emergency Equipment (Jaws of Life, etc.) 4 275,000 1,100,000 2 390,000 780,000 2 50,000 100,000 2 40,000 80,000 3 20,000 60,000 3 50,000 150,000 10 30,000 300,000 80,000 Total $7,850,000 SOURCE: Added by P.L. 29-113:VI:51 (Sept. 30, 2008). § 72109. Emergency On-Line Registry for Individuals with Special Needs. (a) Definitions. (1) Confidential information means any and all nonpublic, medical, financial and personal information in whatever form (written, oral, visual or electronic) possessed or obtained by either party. Confidential information shall include all information which: (A) either party has labeled in writing as confidential; (B) is identified at the time of disclosure as confidential; (C) is commonly regarded as confidential in the health care industry; or (D) is Protected Health Information as defined by 7 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT the Health Insurance Portability Accountability Act. (2) First responders means an employee of an emergency service who is likely to be among the first people to arrive at and assist at the scene of an emergency, such as an accident, natural disaster, or terrorist attack. First responders typically include police, firefighters, paramedics, and emergency medical technicians. (3) Special needs means the phrase used in clinical diagnosis and functional development to describe individuals who require assistance for disabilities that may be medical, mental or psychological; and the needs of such individuals. (b) The Guam Fire Department shall create and maintain a registry entitled, the “Emergency On-Line Registry for Individuals with Special Needs,” herein referred to as “Registry,” which shall be integrated into the Enhanced 911 Emergency Reporting System. Such Registry shall be referred to by and any relevant information is to be conveyed to the first emergency responders. (1) The Registry shall only contain information voluntarily disclosed by a registered individual with special needs, or his or her parent or legal guardian. Such information may include, but not be limited to, emergency contact information, relevant medical history, and a description of any special need deemed relevant by the registrant. All information within the registry shall be deemed confidential information that shall only be used for the purposes of the Registry. Any other disclosure may occur only upon the written authorization of the registrant. (2) The Registry shall be voluntary and the individual with special needs, or the parents or legal guardian of the individual with special needs under the age of eighteen (18) may register with the Guam Fire Department. An option to attach a passport-style photo may be permitted. The Registry application form may be available at the Guam Fire Department. (3) Once the registration has been received and 8 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT processed, the Guam Fire Department or its designated agent shall officially respond by mail or email to the applicant confirming their inclusion on the Registry no less than seven (7) days from the date of the submission of the registration. An identification card shall be issued which may accompany the individual with special needs at all times, as deemed appropriate. (c) Authorization. The Guam Fire Department is hereby authorized to enter into a Memorandum of Understanding with the Department of Integrated Services for Individuals with Disabilities and other departments and agencies, as determined by the Guam Fire Department to seek consultation and advice in the creation and maintenance of the Registry. (d) The Guam Fire Department and the Department of Integrated Services for Individuals with Disabilities and other departments and agencies as determined by the Guam Fire Department shall meet at least quarterly to report the activities of the registry and shall submit an annual report, beginning on January 1, 2017, to I Maga’lahen Guåhan and I Liheslaturan Guåhan, which shall include, but not be limited to: (1) the number of individuals voluntarily registered; (2) a comparative analysis on the number of individuals on the Registry that benefited from the Registry, their special needs, and the delivery of services received; (2) incident reports filed by first responders when responding to an emergency with an individual on the Registry; (3) a list of complaints, if any, from the individual on the registry; and (4) any other strategy effectiveness related to the Registry. (e) Evaluation. The Guam Fire Department shall conduct a yearly evaluation of the Registry, which shall include, but not be limited to: 9 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT (1) tracking the implementation process, to include any planned and/or unanticipated adaptations to the Registry that may affect the outcome of the findings; (2) a comparative analysis on the number of individuals on the Registry that benefited from the Registry, their disability and the delivery of services received; (3) assessment of the need for any adaptations to the strategy to meet the needs of the target population; (4) input from first responders on their use of the Registry and its effectiveness; and (5) recommendations, if effectiveness of the Registry. any, to improve the The Guam Fire Department may assign these duties to the Department of Integrated Services for Individuals with Disabilities as part of the Memorandum of Understanding as authorized in this Section. (f) Training. The Guam Fire Department shall develop a training regimen for emergency responders specifically dedicated for individuals with special needs. The curriculum may be developed in collaboration with the Guam Community College and/or the University of Guam to supplement any existing programs or in-service training. The training shall be formulated to include new employees, as well as veteran employees who are defined as first responders in this Act and shall be conducted on a yearly basis. The training shall also include practical experience with individuals with special needs. SOURCE: Added by P.L. 33-054:2 (June 13, 2015), effective January 1, 2016 pursuant to P.L. 33-054:6. § 72110. Annual Firefighter Recruits Training Cycle. (a) The Guam Fire Department shall conduct a firefighter recruits training cycle for at least twenty (20) candidates per fiscal year. (b) Each year, the Chief of the Guam Fire Department shall determine the total cost to conduct a recruitment and training cycle 10 COL10/29/2021 10 GCA HEALTH AND SAFETY CH. 72 GUAM FIRE DEPARTMENT pursuant to the requirements set forth in Subsection (a) of this Section and he/she shall transmit this as part of the Department's proposed budget to I Maga’hågan Guåhan for inclusion in the Executive Budget request that I Maga’hågan Guåhan submits annually to I Liheslaturan Guåhan. (c) The Chief of the Guam Fire Department shall submit a report to I Maga’hågan Guahan and the Speaker of I Liheslaturan Guåhan no later than June 30 of each year to present an update on the firefighter recruits training cycle conducted during that fiscal year pursuant to the requirements set forth in this Section. SOURCE: Added as § 72111 by P.L. 36-054 (June 30, 2005), renumbered by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This provision was originally entitled “Rip Current and Hiking Safety Awareness Program and Outreach Plan” as added by P.L. 35-087:1 (June 6, 2020). That provision was renumbered to 21 GCA § 77133, pursuant to the authority granted to the Compiler by 1 GCA § 1606. --------- 11 COL10/29/2021
Previous Next
Disclaimer: These codes may not be the most recent version. Guam may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.