2014 Kentucky Revised Statutes
CHAPTER 95A - FIRE PROTECTION PERSONNEL
95A.262 Hepatitis B inoculation of firefighters -- Allotment of funds accruing from insurance premium surcharge proceeds -- Qualifications for allotment -- Firefighters training center fund -- Reimbursement for equipment losses -- Low-interest loan fund -- Implementation of programs.
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<![CDATA[95A.262 Hepatitis B inoculation of firefighters -- Allotment of funds accruing
from insurance premium surcharge proceeds -- Qualifications for
allotment -- Firefighters training center fund -- Reimbursement for
equipment losses -- Low-interest loan fund -- Implementation of
programs.
(1)
(2)
The Commission on Fire Protection Personnel Standards and Education shall,
in cooperation with the Cabinet for Health and Family Services, develop and
implement a continuing program to inoculate every paid and volunteer
firefighter in Kentucky against hepatitis B. The program shall be funded from
revenues allocated to the Firefighters Foundation Program fund pursuant to
KRS 136.392 and 42.190. Any fire department which has inoculated its
personnel during the period of July 1, 1991 to July 14, 1992, shall be
reimbursed from these revenues for its costs incurred up to the amount allowed
by the Cabinet for Human Resources for hepatitis B inoculations.
Except as provided in subsection (3) of this section, the Commission on Fire
Protection Personnel Standards and Education shall allot on an annual basis a
share of the funds accruing to and appropriated for volunteer fire department
aid to volunteer fire departments in cities of all classes, fire protection districts
organized pursuant to KRS Chapter 75, county districts established under
authority of KRS 67.083, and volunteer fire departments created as nonprofit
corporations pursuant to KRS Chapter 273. The commission shall allot eight
thousand dollars ($8,000) annually to each qualifying department, and
beginning on July 1, 2001, the commission shall allot eight thousand two
hundred fifty dollars ($8,250) annually to each qualifying department. Any
qualifying department which fails to participate satisfactorily in the Kentucky fire
incident reporting system as described in KRS 304.13-380 shall forfeit annually
five hundred dollars ($500) of its allotment. If two (2) or more qualified
volunteer fire departments, as defined in KRS 95A.500 to 95A.560, merge after
January 1, 2000, then the allotment shall be in accordance with the provisions
of KRS 95A.500 to 95A.560. Administrative regulations for determining
qualifications shall be based on the number of both paid firefighters and
volunteer firemen within a volunteer fire department, the amount of equipment,
housing facilities available, and such other matters or standards as will best
effect the purposes of the volunteer fire department aid law. A qualifying
department shall include at least twelve (12) firefighters, a chief, and at least
one (1) operational fire apparatus or one (1) on order. Fifty percent (50%) of
the firefighters shall have completed at least one-half (1/2) of one hundred fifty
(150) training hours toward certification within the first six (6) months of the first
year of the department's application for certification, and there shall be a plan
to complete the one hundred fifty (150) training hours within the second year.
These personnel, equipment, and training requirements shall not be made
more stringent by the promulgation of administrative regulations. No allotment
shall exceed the total value of the funds, equipment, lands, and buildings made
available to the local fire units from any source whatever for the year in which
the allotment is made. A portion of the funds provided for above may be used
to purchase group or blanket health insurance and shall be used to purchase
workers' compensation insurance, and the remaining funds shall be distributed
as set forth in this section.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
There shall be allotted two hundred thousand dollars ($200,000) of the
insurance premium surcharge proceeds accruing to the Firefighters Foundation
Program fund that shall be allocated each fiscal year of the biennium to the
firefighters training center fund, which is hereby created and established, for
the purposes of constructing new or upgrading existing training centers for
firefighters. If any moneys in the training center fund remain uncommitted,
unobligated, or unexpended at the close of the first fiscal year of the biennium,
then such moneys shall be carried forward to the second fiscal year of the
biennium, and shall be reallocated to and for the use of the training center
fund, in addition to the second fiscal year's allocation of two hundred thousand
dollars ($200,000). Prior to funding any project pursuant to this subsection, a
proposed project shall be approved by the Commission on Fire Protection
Personnel Standards and Education as provided in subsection (4) of this
section and shall comply with state laws applicable to capital construction
projects.
Applications for funding low-interest loans and firefighters' training centers shall
be submitted to the Commission on Fire Protection Personnel Standards and
Education for their recommendation, approval, disapproval, or modification.
The commission shall review applications periodically, and shall, subject to
funds available, recommend which applications shall be funded and at what
levels, together with any terms and conditions the commission deems
necessary.
Any department or entity eligible for and receiving funding pursuant to this
section shall have a minimum of fifty percent (50%) of its personnel certified as
recognized by the Commission on Fire Protection Personnel Standards and
Education.
Upon the written request of any department, the Commission on Fire
Protection Personnel Standards and Education shall make available a certified
training program in a county of which such department is located.
The amount of reimbursement for any given year for costs incurred by the
Kentucky Community and Technical College System for administering these
funds, including but not limited to the expenses and costs of commission
operations, shall be determined by the commission and shall not exceed five
percent (5%) of the total amount of moneys accruing to the Firefighters
Foundation Program fund which are allotted for the purposes specified in this
section during any fiscal year.
The commission shall withhold from the general distribution of funds under
subsection (2) of this section an amount which it deems sufficient to reimburse
volunteer fire departments for equipment lost or damaged beyond repair due to
hazardous material incidents.
Moneys withheld pursuant to subsection (8) of this section shall be distributed
only under the following terms and conditions:
(a) A volunteer fire department has lost or damaged beyond repair items of
personal protective clothing or equipment due to that equipment having
been lost or damaged as a result of an incident in which a hazardous
material (as defined in any state or federal statute or regulation) was the
causative agent of the loss;
(b)
(10)
(11)
(12)
(13)
(14)
The volunteer fire department has made application in writing to the
commission for reimbursement in a manner approved by the commission
and the loss and the circumstances thereof have been verified by the
commission;
(c) The loss of or damage to the equipment has not been reimbursed by the
person responsible for the hazardous materials incident or by any other
person;
(d) The commission has determined that the volunteer fire department does
not have the fiscal resources to replace the equipment;
(e) The commission has determined that the equipment sought to be
replaced is immediately necessary to protect the lives of the volunteer
firefighters of the fire department;
(f) The fire department has agreed in writing to subrogate all claims for and
rights to reimbursement for the lost or damaged equipment to the
Commonwealth to the extent that the Commonwealth provides
reimbursement to the department; and
(g) The department has shown to the satisfaction of the commission that it
has made reasonable attempts to secure reimbursement for its losses
from the person responsible for the hazardous materials incident and has
been unsuccessful in the effort.
If a volunteer fire department has met all of the requirements of subsection (9)
of this section, the commission may authorize a reimbursement of equipment
losses not exceeding ten thousand dollars ($10,000) or the actual amount of
the loss, whichever is less.
Moneys which have been withheld during any fiscal year which remain
unexpended at the end of the fiscal year shall be distributed in the normal
manner required by subsection (2) of this section during the following fiscal
year.
No volunteer fire department may receive funding for equipment losses more
than once during any fiscal year.
The commission shall make reasonable efforts to secure reimbursement from
the responsible party for any moneys awarded to a fire department pursuant to
this section.
There shall be allotted each year of the 1992-93 biennium one million dollars
($1,000,000), and each year of the 1994-95, 1996-97, 1998-99, and 2000-01
bienniums one million dollars ($1,000,000) of the insurance premium surcharge
proceeds accruing to the Firefighters Foundation Program fund for the purpose
of creating a revolving low-interest loan fund, which shall thereafter be
self-sufficient and derive its operating revenues from principal and interest
payments. The commission, in accordance with the procedures in subsection
(4) of this section, may make low-interest loans, and the interest thereon shall
not exceed three percent (3%) annually or the amount needed to sustain
operating expenses of the loan fund, whichever is less, to volunteer fire
departments for the purposes of major equipment purchases and facility
construction. Loans shall be made to departments which achieve the training
standards necessary to qualify for volunteer fire department aid allotted
pursuant to subsection (2) of this section, and which do not have other sources
of funds at rates which are favorable given their financial resources. The
proceeds of loan payments shall be returned to the loan fund for the purpose of
providing future loans. If a department does not make scheduled loan
payments, the commission may withhold any grants payable to the department
pursuant to subsection (2) of this section until the department is current on its
payments. Money in the low-interest loan fund shall be used only for the
purposes specified in this subsection. Any funds remaining in the fund at the
end of a fiscal year shall be carried forward to the next fiscal year for the
purposes of the fund.
(15) For fiscal year 2004-2005 and each fiscal year thereafter, there is allotted one
million dollars ($1,000,000) from the fund established in KRS 95A.220 to be
used by the commission to conduct training-related activities.
(16) If funding is available from the fund established in KRS 95A.220, the
Commission on Fire Protection Personnel Standards and Education may
implement the following:
(a) A program to prepare emergency service personnel for handling potential
man-made and non-man-made threats. The commission shall work in
conjunction with the state fire marshal and other appropriate agencies
and associations to identify and make maps of gas transmission and
hazardous liquids pipelines in the state;
(b) A program to provide and maintain a mobile test facility in each training
region established by the Commission on Fire Protection Personnel
Standards and Education with equipment to administer Comprehensive
Physical Aptitude Tests (CPAT) to ascertain a firefighter's ability to
perform the physical requirements necessary to be an effective and safe
firefighter;
(c) A program to provide defensive driving training tactics to firefighters. The
commission shall purchase, instruct in the use of, and maintain mobile
equipment in each of the training regions, and fund expenses related to
equipment replacement;
(d) A program to annually evaluate equipment adequacy and to provide for
annual physical examinations for instructors, adequate protective clothing
and personal equipment to meet NFPA guidelines, and to establish
procedures for replacing this equipment as needed;
(e) A program to establish a rotational expansion and replacement program
for mobile fleet equipment currently used for training and recertification of
fire departments;
(f) A program to expand and update current EMS, first responder, EMT, and
paramedic training and certification instruction; and
(g) A program to purchase thermal vision devices to comply with the
provisions of KRS 95A.400 to 95A.440.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 82, effective July 15, 2010. -Amended 2008 Ky. Acts ch. 77, sec. 4, effective July 15, 2008. -- Amended
2006 Ky. Acts ch. 113, sec. 2, effective July 12, 2006. -- Amended 2005 Ky.
Acts ch. 99, sec. 114, effective June 20, 2005. -- Amended 2004 Ky. Acts ch.
71, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 289, sec. 2,
effective July 15, 2002; and ch. 309, sec. 8, effective July 15, 2002. -- Amended
2000 Ky. Acts ch. 270, sec. 5, effective July 14, 2000; and ch. 402, sec. 1,
effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 244, sec. 5, effective July
15, 1998; ch. 426, sec. 97, effective July 15, 1998; and ch. 510, sec. 5, effective
July 15, 1998. -- Amended 1994 Ky. Acts ch. 43, sec. 9, effective July 15, 1994.
Repealed, reenacted, and amended as KRS 95A.262, 1992 Ky. Acts ch. 381,
sec. 7, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 213, sec. 1,
effective July 15, 1986; and ch. 446, sec. 1, effective July 15, 1986. -- Amended
1984 Ky. Acts ch. 300, sec. 11, effective July 13, 1984; ch. 303, sec. 2, effective
July 13, 1984; and ch. 327, sec. 2, effective July 13, 1984. -- Amended 1982 Ky.
Acts ch. 246, sec. 11, effective April 1, 1982. -- Amended 1980 Ky. Acts ch. 188,
sec. 3, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 164, sec. 2,
effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(7). -Amended 1972 Ky. Acts ch. 167, sec. 1. -- Amended 1966 Ky. Acts ch. 255,
sec. 21. -- Amended 1962 Ky. Acts ch. 239, sec. 1. -- Amended 1960 Ky. Acts
ch. 237, sec. 1. -- Created 1958 Ky. Acts ch. 93, sec. 5.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, K, 11, (2) at 659.
Formerly codified as KRS 17.250.
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