The proposed changes will implement Chapter 2022-138, Laws of Florida, which expanded the types of equipment and tools that can be purchased with funds provided by the Firefighter Assistance Grant Program (FAGP). Section ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-37.501Definitions

69A-37.502 Firefighter Assistance Grant Program

PURPOSE AND EFFECT: The proposed changes will implement Chapter 2022-138, Laws of Florida, which expanded the types of equipment and tools that can be purchased with funds provided by the Firefighter Assistance Grant Program (FAGP). Section 633.135, F.S., authorizes the Division to provide FAGP funding to eligible fire departments to be used for the purchase firesafety and fire rescue equipment and tools and for the purchase of protective clothing and equipment for wildland fire fighting and urban interface fire fighting.

SUMMARY: The proposed amendments will update the firefighter assistance grant application form; add definitions of the terms “thermal imager,” “gas monitor,” “powered rescue tool,” and “wildland fire fighting and urban interface fire fighting protective clothing and equipment;” incorporate applicable National Fire Protection Association (NFPA) standards by reference; and make other necessary changes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 633.135(3) FS

LAW IMPLEMENTED: 633.135 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Charlie Frank [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-37.501 Definitions.

(1) The following terms will have these meanings for purposes of Rules 69A-37.501 and 69A-37.502, F.A.C.:

(a) through (h) No change.

(i) “Thermal imager” means a special electronic equipment that creates a picture based on the heat produced by a person or object and that complies with NFPA® 1801, Standard on Thermal Imagers for the Fire Service (2021 Edition), which is hereby incorporated by reference.

(j) “Gas monitor” means a direct-reading, portable instrument designed to detect hazardous gases and vapors, including, oxygen, combustible gas, and a variety of toxic components or volatile organic compounds.

(k) “Powered rescue tool” means a rescue tool that receives power from the power unit component and generates the output forces or energy used to perform one or more of the functions of spreading, lifting, holding, crushing, pulling, or cutting.

(l) “Wildland fire fighting and urban interface fire fighting protective clothing and equipment” means items of compliant protective clothing and equipment products that provide protection from some risk, but not all risk, of wildland and urban interface fire fighting. Such protective clothing and equipment shall be compliant with NFPA® 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting and Urban Interface Fire Fighting (2022 Edition), which is hereby incorporated by reference. For the purposes of the Firefighter Assistance Grant Program, one set of wildland fire fighting and urban interface fire fighting protective clothing and equipment includes the following:

1. One face/neck shroud;

2. One pair of footwear;

3. One goggle;

4. One helmet;

5. One long-sleeve shirt;

6. One pair of trousers;

7. One pair of work gloves; and

8. One fire shelter.

9. One one-piece garment may be purchased in lieu of the long-sleeve shirt and trousers.

(m) (i) “Division” means the Division of State Fire Marshal.

(2) The Department has determined that posting the NFPA standards referenced in paragraphs (1)(f), (g), and (h), (i), and (l) on the Internet for purposes of public examination and inspection would constitute a violation of federal copyright law. These copyrighted materials may be:

(a) through (c) No change.

Rulemaking Authority 633.135(3) FS. Law Implemented 633.135 FS. History–New 3-7-17, Amended 12-21-21, __________.

 

69A-37.502 Firefighter Assistance Grant Program.

(1) The Firefighter Assistance Grant Program is established pursuant to Section 633.135, F.S. The Firefighter Assistance Grant Program is created within the Division of State Fire Marshal to improve the emergency response capability of volunteer fire departments and combination fire departments. The program will provide financial assistance to improve firefighter safety and enable such fire departments to provide fire fighting, emergency medical, and rescue services to their communities. This grant program will only be carried out when funds have been allocated by the legislature to the Division for the grant period. To participate in the Firefighter Assistance Grant Program, an eligible fire service provider must mail a completed Form DFS-K4-2174, Application for Firefighter Assistance Grant Program, to the Division of State Fire Marshal, Bureau of Fire Standards and Training, 11655 N.W. Gainesville Road, Ocala, Florida 34482. Form DFS-K4-2174 (Rev. 07/22) is hereby incorporated by reference in subsection 69A-37.039(2), F.A.C., and is available at the following website: http://www.myfloridacfo.com/Division/SFM/BFST/BFSTForms.htm; and on the following link: https://www.flrules.org/gateway/reference.asp?No=Ref-                .

(2) Purpose and objective. The purpose of this program is to provide funding to fire departments to use to provide volunteer firefighter training and procure necessary firefighter personal protective equipment, self-contained breathing apparatus equipment, and pumper fire apparatus, firesafety and fire rescue related equipment and tools, and wildland fire fighting and urban interface fire fighting protective clothing and equipment. The objective of this program is to award grants directly to eligible fire departments in order to have an immediate impact on the safety of firefighters and to improve the emergency response capability of volunteer fire departments and combination fire departments.

(3) through (8) No change.

(9) Personal protective equipment (PPE).

(a) The Division will award grants to eligible grantees to be used to purchase a maximum of two sets of PPE per member that complies with the standards of NFPA® 1851 referenced in paragraph 69A-37.501(1)(f), F.A.C. Grantees shall issue this PPE to members of their fire department that hold an active Volunteer Firefighter Certificate of Completion or a Certificate of Compliance issued by the Division. The grantee shall be the sole owner of all PPE purchased with grant funds awarded through the Firefighter Assistance Grant Program. This PPE shall only be assigned to firefighters that are on the roster of the fire service provider and recorded in the Division’s online electronic database. This PPE shall not be relocated, distributed, gifted, or loaned to any other fire service provider, or individual, unless prior written notice is provided to the Division.

(b) through (e) No change.

(10) through (11) No change.

(12) Firesafety and fire rescue related equipment and tools.

(a) Environmental monitors.

1. Stand-alone thermal imagers that comply with the standards of NFPA®1801 referenced in Rule 69A-37.501(1)(i).

2. Gas monitors.

(b) Powered rescue tools.

(c) The Division will award grants authorized under this rule to eligible grantees under subparagraphs (9)(d)1. or 10(b)1. prior to funding the purchase of the equipment or tools referenced in paragraphs (12)(a) or (b).

(d) The Division will award grants for the purchase of the equipment and tools referenced in paragraphs (12)(a) or (b) in the following priority sequence:

1. Awarded first to eligible grantees who do not possess the referenced equipment or tools in paragraphs (12)(a) or (b); then

2. Awarded second to eligible granteees to replace the referenced equipment or tools in paragraphs (12)(a) or (b) that is a minimum of two NFPA cycles and ten (10) years of age.

(13) Wildland fire fighting and urban interface fire fighting protective clothing and equipment.

(a) The Division will award grants to eligible grantees to be used to purchase a maximum of one set of wildland fire fighting and urban interface fire fighting (WFUIF) protective clothing and equipment that complies with the standards of  NFPA® 1977 referenced in Rule 69A-37.501(1)(l), F.A.C. Grantees shall issue this WFUIF protective clothing and equipment to members of their fire department who have successfully completed courses FL130-Wildland Firefighter Training, FL190-Introduction to Wildland Fire Behavior, and FL180-Human Factors in the Wildland Fire Service, or equivalent as approved by the Division. The grantee shall be the sole owner of all WFUIF protective clothing and equipment purchased with grant funds awarded through the Firefighter Assistance Grant Program. This WFUIF protective clothing and equipment shall only be assigned to members that are on the roster of the fire service provider and recorded in the Divison’s online electronic database. The WFUIF protective clothing and equipment shall not be relocated, distributed, gifted, or loaned to any other fire service provider or individual, unless prior written notice is provided to the Division.

(b) In the event that  an individual originally assigned the WFUIF protective clothing and equipment separates from the grantee’s volunteer or combination fire department, the WFUIF protective clothing and equipment remains the property of the grantee, unless prior written notice is provided to the Division, and shall be newly assigned to another member of the fire department that is on the roster of the fire service provider and recorded in the Division’s online electronic database and has successfully completed courses FL130-Wildland Firefighter Training, FL190-Introduction to Wildland Fire Behavior, and FL180-Human Factors in the Wildland Fire Service, or equivalent as approved by the Division.

(c) Any application for a grant award to purchase WFUIF protective clothing and equipment shall include an inventory list of all WFUIF protective clothing and equipment currently in use by the applicant’s volunteer or combination fire department. This inventory list shall be listed in the narrative section of Form DFS-K4-2174, Application for Firefighter Assistance Grant Program.

(d) Grants authorizing the purchase of WFUIF protective clothing and equipment will be awarded by the Division to eligible grantees with individuals who have successfully completed courses FL130-Wildland Firefighter Training, FL190-Introduction to Wildland Fire Behavior, and FL180-Human Factors in the Wildland Fire Service, or equivalent as approved by the Division, in the following priority sequence:

1. Awarded first to such grantees to be assigned to individuals who do not possess WFUIF protective clothing and equipment; then

2. Awarded second to such grantees to be assigned to individuals to replace WFUIF protective clothing and equipment that is a minimum of two NFPA cycles and ten (10) years of age or older; then

3. Awarded last to such grantees to be assigned to individuals to replace WFUIF protective clothing and equipment that is a minimum of one NFPA cycle and five (5) years of age or older.

Rulemaking Authority 633.135(3) FS. Law Implemented 633.135 FS. History–New 3-7-17, Amended 12-21-21, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Charlie Frank, State Volunteer Fire Coordinator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer and State Fire Marshal

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 30, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 2, 2022