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.).
