The Firefighter Assistance Grant Program was established to provide funding to volunteer fire departments and combination fire departments to use to offer volunteer firefighter training and procure necessary firefighter ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-37.501Definitions

69A-37.502Firefighter Assistance Grant Program

PURPOSE AND EFFECT: The Firefighter Assistance Grant Program was established to provide funding to volunteer fire departments and combination fire departments to use to offer volunteer firefighter training and procure necessary firefighter personal protective equipment, self-contained breathing apparatus equipment, and fire engine pumper apparatus equipment. The proposed amendments will update National Fire Prevention Association (NFPA) standards to the latest versions, update when grant money can be awarded and how it may be used, and make other necessary updates.

SUMMARY: The proposed amendments will update the Firefighter Assistance Grant Program by incorporating the most current standards of NFPA 1851, Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, and NFPA 1852, Standard on Selection, Care, and Maintenance of Open-Circuit Self-Contained Breathing Apparatus (SCBA); authorize the purchase of two protective hoods and two high pressure tanks; and make other necessary revisions.

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: The Department’s economic analysis of the potential impact of the proposed rule amendments determined that there will be no adverse economic impact or increased regulatory costs that would require legislative ratification.

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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: September 24, 2021, at 10 a.m.

PLACE: Via teleconference using the following dial-in information: [phone], ID 153272.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Charlie Frank at [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Charlie Frank at [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.:

(1) through (5) renumbered as (a) through (e) No change.

(f) (6) “Personal protective equipment” (PPE) means the firefighter personal protective equipment, including structural firefighting protective ensembles and individual ensemble elements that complies comply with NFPA® 1851, Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting Handbook (2020 2014 Edition), which is hereby incorporated by reference. NFPA® 1851 is copyrighted material that cannot be copied but may be: (i) viewed during regular business hours at the Division of State Fire Marshal, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida; (ii) accessed in a read-only, non-printable, non-downloadable format at the NFPA’s free access website at http:www.nfpa.org/codes-and-standards/free-access; or (iii) purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471. For purposes of the Firefighter Assistance Grant Program, one set of PPE includes the following:

(a) through (d) renumbered as 1. through 4. No change.

5. (e) Two One protective hoods hood;

(f) through (h) renumbered as 6. through 8. No change.

(g) (7) “Self-contained breathing apparatus” (SCBA) means the breathing apparatus that complies with the NFPA® 1852, Standard on Selection, Care, and Maintenance of Open-Circuit Self-Contained Breathing Apparatus (SCBA) (2019 2013 Edition), which is hereby incorporated by reference. NFPA® 1852 is copyrighted material that cannot be copied but may be: (i) viewed during regular business hours at the Division of State Fire Marshal, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida; (ii) accessed in a read-only, non-printable, non-downloadable format at the NFPA’s website at http:www.nfpa.org/codes-and-standards/free-access; or (iii) purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471. SCBA issued under this grant program must shall have automatic-on or integrated personal alert safety system (PASS) devices. For purposes of the Firefighter Assistance Grant Program, one SCBA set includes the following:

1. (a) Two One high pressure  tanks tank;

(b) through (e) renumbered as 2. through 5. No change.

(h) (8) “Pumper fire apparatus” means a vehicle designed to be used by a fire service provider under emergency conditions to transport personnel and equipment and to support the suppression of fires and mitigation of other hazardous situations. This definition does not include aerial devices. For purposes of the Firefighter Assistance Grant Program, this apparatus shall fully comply with Chapter 5 of the NFPA® 1901, Standard for Automotive Fire Apparatus (2016 Edition), which is hereby incorporated by reference. Chapter 5 of NFPA® 1901 is copyrighted material that cannot be copied but may be: (i) viewed during regular business hours at the Division of State Fire Marshal, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida; (ii) accessed in a read-only, non-printable, non-downloadable format at the NFPA’s free access website at http:www.nfpa.org/codes-and-standards/free-access; or (iii) purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471.

(9) renumbered as (i) No change.

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

(a) Obtained by contacting the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone [phone]; Website: www.nfpa.org;

(b) Accessed in a read-only, non-printable, non-downloadable format at the NFPA’s website at: https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Free-access; or.

(c) Viewed during regular business hours at:

1. The Division of State Fire Marshal, 325 John Knox Road, Third Floor, Atrium Building, Tallahassee, Florida 32303; or

2. The Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

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

 

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 shall provide financial assistance to improve firefighter safety and enable such fire departments to provide firefighting, emergency medical, and rescue services to their communities. This grant program will shall 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 shall 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 is incorporated by reference in subsection 69A-37.039(2), F.A.C., and is available at the following website link: http://www.myfloridacfo.com/Division/SFM/BFST/BFSTForms.htm.

(2) No change.

(3) Eligibility.

(a) Eligible applicants are fire service providers organized and operating in the state of Florida as a volunteer fire department or combination fire department that meet all of the following requirements:

1. Is a fire service provider as defined by paragraph 69A-37.501(1)(d), subsection 69A-37.501(4), F.A.C.,

2. through 5. No change.

6. Has submitted the Florida Fire Service Needs Assessment, Form DFS-K4-2191, which is incorporated by reference in Rule 69A-37.039, F.A.C., and can be found at this website link: http:www.myfloridacfo.com/Division/SFM/BFST/BFSTForms.htm. The applicant shall have completed this survey during the most recent survey period of April 1st through May 31st in the same calendar year of the Firefighter Assistance Grant Program application period start date, however, for the first year of this program, the Department waives the submittal deadline; and,

7. No change.

(b) through (d) No change.

(4) Ineligible organizations.

(a) Fire service providers that are federal government entities or contracted by the federal government and are primarily responsible for suppression of fires, emergency medical services, or rescue services on federal installations or land are not eligible.

(b) Fire service providers that are primarily responsible for suppression of fires, emergency medical services, or rescue services on federal or state military bases are not eligible.

(c) Fire service providers that are primarily responsible for suppression of fires, emergency medical services, or rescue services for on federal or state tribal nations Indian lands are not eligible.

(d) Fire brigades or any private fire department that operates independent of a municipality or county, the state of Florida, the Division, or any political subdivision of the state of Florida, including authorities and special districts, are not eligible.

(5) Notice of Firefighter Assistance Grant Program. The Division will shall publish notice of the availability of grants from the Firefighter Assistance Grant Program on the Division website annually after July 1st and no later than July 31st; however, for the first year of this program this deadline shall not apply. This notice will shall include:

(a) through (e) No change.

(6) Notification of Firefighter Assistance Grant Program awards.

(a) The Division will shall notify grantees and publish notice of grant awards on the Division website within 90 60 days of the application submission deadline date. The grantee must shall notify the Division of its acceptance of the grant award within 45 30 calendar days of award notification by email to: [e-mail].

(b) The Division will shall publish on the Division website the list of all grant applicants and grant award outcomes no later than 90 60 days after notifying grant award grantees. The Division’s list will shall include: the name of each applicant, requested uses for funds sought, and the outcome of the application status. The status shall be recorded as: eligible – grant awarded; or, eligible – funding not available; or, ineligible.

(c) No change.

(7) Supplemental grant award. The Division will shall issue supplemental grant awards to eligible grantees to replace applicants who did not respond to the notification of firefighter assistance grant awards or did not execute an agreement under subsection (6). The Division shall not issue any supplemental grant awards after March 31st of the state of Florida’s fiscal year for which the grants funds were allocated.

(8) Volunteer firefighter training.

(a) The Division will shall provide the classroom part of volunteer firefighter training using online instruction at no cost to the grantee. Additionally, the Division will shall issue grant awards to grantees to conduct the practical skill training contained in the volunteer firefighter curriculum defined in paragraph 69A-37.055(2)(a), F.A.C. Grant requests for practical skill training must shall include the following information in the narrative section of Form DFS-K4-2174, Application for Firefighter Assistance Grant Program:

1. through 6. No change.

(b) The Division will shall reimburse the grantee the pre-approved instructional costs upon receipt of documentation that the pre-approved expenses have been paid and documentation verifying the actual number of students attending the training, the dates the sessions were held, the instructor’s names and certification number, and the names of the students issued a Volunteer Firefighter Certificate of Completion by the Division within the grant period. Requests for class offering approval must shall be electronically submitted using the Class Offering Approval Request, Form DFS-K4-2167, at this website link: https://floridastatefirecollege.org/provider/pr_offering_app.asp. Form DFS-K4-2167 is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C. An instructor providing training under subsection (8), must be qualified and approved by the Division. Instructors must shall electronically submit an Instructor Approval Request, Form DFS-K4-2168, to obtain Division approval prior to the first day of the course, at this website link: https://floridastatefirecollege.org/provider/pr_instructor_app.asp. Form DFS-K4-2168 is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C.

(9) Personal protective equipment (PPE).

(a) The Division will shall award grants to eligible grantees to be used to purchase a maximum of two sets set of PPE that complies with the standards of NFPA® 1851 referenced in paragraph 69A-37.501(1)(f), subsection 69A-37.501(6), 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) In the event that an individual originally assigned the PPE separates from the grantee’s volunteer or combination fire department, the PPE 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.

(c) No change.

(d) Grants authorizing the purchase of PPE will shall be awarded by the Division to eligible grantees with individuals that possess an active Volunteer Firefighter Certificate of Completion or Certificate of Compliance in the following priority sequence:

1. through 3. No change.

(e) The Division will shall award grants for the purchase of PPE under paragraph (9)(d), to such grantees in the first priority under subparagraph (9)(d)1., before awarding grants to the second priority. The Division will shall then award grants for the purchase of PPE under paragraph (9)(d), to such grantees in the second priority under subparagraph (9)(d)2., before awarding PPE equipment to the third priority.

(10) Self-contained breathing apparatus (SCBA).

(a) The Division will shall award grants to eligible grantees to be used to purchase a set of SCBA that complies with the standards of NFPA® 1852 referenced in paragraph 69A-37.501(1)(g), subsection 69A-37.501(7), F.A.C. The SCBA purchased by a grantee with grant funds awarded through the Firefighter Assistance Grant Program shall be for the sole and proprietary use of the grantee. This SCBA may be shared to facilitate all-hazard responses with other fire service providers during emergency responses; however, this SCBA shall not be relocated, distributed, gifted, or loaned to any other fire service provider or individual.

(b) Grant awards authorizing the purchase of SCBA will shall be awarded by the Division to eligible grantees in the following priority sequence:

1. through 3. No change.

(c) The Division will shall award grants for the purchase of SCBA under paragraph (10)(b), to all eligible grantees in the first priority under subparagraph (10)(b)1., before awarding grants for the purchase of SCBA equipment to all eligible grantees in the second priority. The Division will shall initially award grants for the purchase of no more than five (5) sets of SCBA to any single grantee under the first priority.

(d) The Division will shall award grants for the purchase of SCBA under paragraph (10)(b), to all eligible grantees in the second priority under subparagraph (10)(b)2., before awarding grants for the purchase of SCBA equipment to all eligible grantees in the last priority. The Division will shall initially award grants for the purchase of no more than five (5) sets of SCBA to any single grantee under the second priority.

(e) The Division will shall lastly award grants for the purchase of SCBA under paragraph (10)(b), to all eligible grantees in the third priority under subparagraph (10)(b)3. The Division will shall initially award grants for the purchase of no more than five (5) sets of SCBA to any single grantee under the third priority.

(11) Pumper fire apparatus cost-sharing and pumper fire apparatus awards. The Division will shall award funds to subsidize the cost-sharing part of the grantee’s Federal Emergency Management Administration (FEMA) Assistance to Firefighters Grant (AFG) to obtain pumper fire apparatus. The Division will shall first award funds authorized under this rule to all eligible grantees under subsections (8), (9) and (10), prior to funding pumper fire apparatus purchase or pumper fire apparatus cost-sharing.

(a) Pumper fire apparatus cost-sharing subsidy.

1. The Division will shall first award funds to eligible grantees to subsidize the cost share when the grantee has been awarded a FEMA AFG grant to obtain a pumper fire apparatus. The Division will shall provide funds in the amount equal to, but not more than, five percent (5%) of the FEMA AFG grant awarded. Applicants under paragraph (11)(a), shall attach a copy of the FEMA AFG Summary Award Notification to Form DFS-K4-2174, Application for Firefighter Assistance Grant Program. The FEMA AFG Summary Award Notification shall include:

a. through d. No change.

2. The Division will shall prioritize awards of cost-sharing subsidy under paragraph (11)(a), based on the period of grant performance ending date recorded in the grantee’s FEMA AFG Summary Award Notification. Awards will shall be made by the Division sequentially beginning with the first award to the grantee with the earliest period of performance end date.

(b) Grant awards to purchase pumper fire apparatus.

1. The Division will shall award grants for the purchase of pumper fire apparatus directly to eligible grantees. The pumper fire apparatus purchased by the grantee may be new or refurbished and shall comply with the standards in NFPA® 1901 referenced in paragraph 69A-37.501(1)(h), subsection 69A-37.501(8), F.A.C., at the time of the award. The grantee shall be the sole and proprietary owner of the pumper fire apparatus purchased by a grantee with grant funds awarded through the Firefighter Assistance Grant Program. The grantee shall obtain and maintain insurance coverage for the pumper fire apparatus. The pumper fire apparatus shall not be relocated, distributed, gifted, or loaned to any other fire service provider or individual. The pumper fire apparatus shall not be modified by any means without the prior written approval of the Division. Ownership of the pumper fire apparatus may not be changed without the prior written approval of the Division Department.

2. No change.

3. The Division will shall award grants for the purchase of pumper fire apparatus to eligible grantees based on age of apparatus to be replaced, then based on miles on apparatus to be replaced. Any grantee that has received a grant to replace an unsafe fire apparatus shall be required to permanently remove the replaced vehicle from its vehicle inventory until deemed to be safe for operation by a certified Emergency Vehicle Technician. The grantee shall not loan, relocate, distribute, gift, sell, or transfer the unsafe fire apparatus to any other fire service provider.

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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Charlie Frank

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 31, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 17, 2021