Section 633.137, F.S., created the Firefighter Cancer Decontamination Equipment Grant Program within the Department to provide financial assistance to help career fire departments, combination fire departments, and volunteer ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-37.039Prescribed Forms for Training and Certification

69A-37.503Firefighter Cancer Decontamination Equipment Grant Program

PURPOSE AND EFFECT: Section 633.137, F.S., created the Firefighter Cancer Decontamination Equipment Grant Program within the Department to provide financial assistance to help career fire departments, combination fire departments, and volunteer fire departments procure equipment and supplies designed to mitigate exposure to hazardous, cancer-causing chemicals. The Department is required to adopt rules and procedures for the program, including for the approval of applications and development of need-based criteria. Sections 633.406 and 633.408, F.S., authorize the Department to award different classes of firefighter certificates to persons who meet specified statutory criteria and to establish courses and examinations for various certifications as a firefighter.

SUMMARY: Rule 69A-37.503, F.A.C., establishes the procedures and criteria for participating in the Firefighter Cancer Decontamination Equipment Grant Program. The proposed amendment to Rule 69A-37.039, F.A.C., will adopt the Firefighter Cancer Decontamination Equipment Grant Program and update the following forms: Application for Firefighter Certification Examination, Verification of Training Hours/Firefighter I and II, Application for Practical Examination for Retention of Firefighter Certification, and Firefighter Equivalency Examination Requirements.

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: 633.104, 633.128(1), 633.135(3), 633.137(3), 633.216(9), 633.406(2), 633.408, 633.418(1), 633.508(2) FS.

LAW IMPLEMENTED: 633.112(1), 633.128, 633.135, 633.137, 633.138, 633.216, 633.406, 633.408, 633.412, 633.415, 633.418, 633.508(2) 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: January 8, 2021, 10:00 a.m.

PLACE: Florida State Fire College, 11655 N.W. Gainesville Road, Ocala, FL. If state office buildings remain closed to the public at the time of this hearing due to the COVID-19 outbreak, the hearing (if requested) will only take place via conference call and the phone number is [phone], access code: 403038

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: Melissa Dembicer 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).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Melissa Dembicer, Division of State Fire Marshal, 325 John Knox Road, Tallahassee, FL 32399-0340, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-37.039 Prescribed Forms for Training and Certification

(1) No change.

(2) The following forms are hereby adopted and incorporated by reference in this rule:

(a)  DFS-K4-1016, <insert DOS website address>, eff. 12/20 rev. 03/09, “Application for Firefighter Certification Examination.”

(b) through (e) No change.

(f) DFS-K4-1028, <insert DOS website address>  http://www.flrules.org/Gateway/reference.asp?No=Ref-10098, eff. 12/20 rev. 01/17, “Verification of Training Hours/Firefighter I and II.”

(g) through (h) No change.

(i) DFS-K4-1308, <insert DOS website address>,  eff.  12/20 rev. 03/09, “Application for Practical Examination for Retention of Firefighter Certification.”

(j) DFS-K4-1309, <insert DOS website address>,  eff. 12/20 rev. 03/09, “Preliminary Equivalency Application Firefighter Minimum Curriculum Requirements Firefighter Equivalency Examination Requirements.”

(k) through (ccc) No change.

(ddd) DFS-K4-2300, <insert DOS website address>, “Application for Firefighter Cancer Decontamination Equipment Grant Program,” eff. 12/20.

Rulemaking Authority 633.104, 633.128(1), 633.135(3), 633.137(3), 633.216(9), 633.406(2), 633.408, 633.418(1), 633.508(2) FS. Law Implemented 633.112(1), 633.128, 633.135, 633.137, 633.138, 633.216, 633.406, 633.408, 633.412, 633.415, 633.418, 633.508(2) FS. History–New 9-7-81, Formerly 4A-37.20, 4A-37.39, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 9-13-98, 12-10-01, Formerly 4A-37.039, Amended 3-19-09, 8-27-12, 8-20-13, 11-18-13, 2-15-15 (f), 2-15-15 (ee)-(ii), 7-13-16, 3-7-17, 5-18-17, 2-19-18, 1-1-19, __________.

 

69A-37.503 Firefighter Cancer Decontamination Equipment Grant Program.

(1) The Firefighter Cancer Decontamination Equipment Grant Program is established pursuant to section 633.137, F.S. The Firefighter Cancer Decontamination Equipment Grant Program is created within the Division of State Fire Marshal to help protect the health and safety of firefighters in this state. The program will provide financial assistance to help fire departments, including volunteer fire departments, procure equipment, supplies, and educational training designed to mitigate exposure to hazardous, cancer-causing chemicals. 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 Cancer Decontamination Equipment Grant Program, an eligible applicant must submit a completed Form DFS-K4-2300, Application for Firefighter Cancer Decontamination Equipment Grant Program, by mail to the Division of State Fire Marshal, Bureau of Fire Standards and Training, 11655 N.W. Gainesville Road, Ocala, Florida 34482, or through the online portal at:  https://dfs-k4-2300.questionpro.com. Form DFS-K4-2300 is incorporated by reference in subsection 69A-37.039(2), F.A.C., and is available on the Division’s website at: http://www.myfloridacfo.com/Division/SFM/BFST/BFSTForms.htm.

(2) Objective. The objective of this program is to award grants to eligible applicants on an as need-based basis in order to distribute equipment and training in a manner that leads to the greatest reduction in incidences of firefighters being exposed to hazardous, cancer-causing chemicals.

(3) Eligibility. An eligible applicant is:

(a) An organization organized and operating in the state of Florida that meets all of the following requirements:

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

2. Is recorded as a fire department in the Division’s online electronic database (https://myfloridacfo.com/Division/SFM/FCDICE/default.htm);

3. Has a Florida fire department identification (FDID) number as defined in rule 69A-66.007, F.A.C.;

4. 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 is available on the Division’s website at: 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 Cancer Decontamination Equipment Grant Program application period start date; however, for the first year of this program, the Department waives the submittal deadline;

5. Is compliant with the Florida Firefighters Occupational Health and Safety Act (Sections 633.502-633.536, F.S.) or has a plan for correction for any noncompliance issue filed with the Division. The applicant must have completed a compliance inspection within the previous three years of the grant award or agree to have a compliance inspection conducted prior to the grant award; and

6. Is compliant with the requirement to submit fire incident data as required in rule 69A-66.004, F.A.C.

(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 federal or state tribal nations are not eligible.

(d) Fire brigades or private fire departments that operate 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) Criteria. The Division will approve applications from eligible applicants based on the following criteria:

(a) Demonstration of financial need in the application.

(b) Indication of the level of nonstate matching funds proposed in the application. A minimum of 25 percent nonstate matching funds is required. The applicant must submit proof of its nonstate matching funds.

(c) Indication of the decontamination equipment, educational training, and supply needs of the applicant.

(6) Notice of Firefighter Cancer Decontamination Equipment Grant Program. The Division will publish notice of the availability of grants from the Firefighter Cancer Decontamination Equipment 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.

(7) Notification of Firefighter Cancer Decontamination Equipment Grant Program Awards.

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

(b) Awarded grant funds shall be administered pursuant to a written agreement between the Department and the grant applicant. If a grant agreement is not executed within 30 calendar days of the grant agreement being sent to applicant, the Department will rescind its award of funds to the grant applicant.

(c) In its grant award, the Division may limit the quantity of eligible equipment that an awarded applicant may purchase in order to afford more applicants an opportunity to receive grant funds. Any such limitation imposed by the Division shall apply universally to all applicants.

(8) Supplemental Grant Awards. The Division will issue supplemental grant awards to eligible applicants to replace awards to applicants that did not respond to the Department’s notification of grant award or did not execute an agreement under subsection (7).

(9) Eligible Purchases.  The following equipment, supplies, and educational training may be purchased with grant funds and requested in the applicant’s application (Form DFS-K4-2300):

(a) Vehicle exhaust capture systems that are either mounted in the stations or on the vehicles and are compliant with the standards of National Fire Protection Association (NFPA) 1500, Standard on Fire Department Occupational Safety, Health, and Wellness Program (2018 Edition), which is incorporated by reference in Rule 69A-62.025, F.A.C.

(b) Personal protective equipment extractor units that are  designed to operate using 110 volt alternating current (AC); however, additional costs such as wiring and installation will not be covered.

(c) Personal protective equipment extractor units not designed to operate using 110 volt AC current; however, additional costs such as wiring and installation will not be covered.

(d) Second issued hoods, gloves, and helmet earflaps that are compliant with the standards of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting (2018 edition), which is incorporated by reference in Rule 69A-37.060, F.A.C., and that can be exchanged at the scene or in quarters after fire extinguishment.

(e) Other equipment that is used to mitigate exposure to hazardous, cancer-causing chemicals will be considered by the Division.

(f) Supplies that are used to mitigate exposure to hazardous, cancer-causing chemicals will be considered by the Division.

(g) Educational training designed to mitigate exposure to hazardous, cancer-causing chemicals will be considered by the Division.

(10)(a) Priority Sequence for Award. Grants authorizing the purchase of decontamination equipment will be awarded by the Division to eligible applicants in order of financial need (highest financial need to the lowest financial need) in the following priority sequence:

1. Awarded first to such applicants that do not possess the equipment in paragraphs (9)(a)-(e) and requested such equipment in their applications; then,

2. Awarded second to such applicants currently in possession of the equipment in paragraphs (9)(a)-(e), and requesting in their applications to increase the quantity of this type equipment; then,

3. Awarded last to such applicants that are requesting in their applications to upgrade previously installed equipment.

(b) Grants authorizing the purchase of supplies and educational training will be awarded by the Division to eligible applicants in order of financial need (highest financial need to the lowest financial need) only after awards for the purchase of decontamination equipment in the following priority sequence:

1. Awarded first to such applicants that do not possess the supplies and educational training requested in their applications; then,

2. Awarded second to such applicants currently in possession of the supplies and educational training requested in their applications and requesting in their applications to increase the quantity of the supplies and educational training.

Rulemaking Authority 633.137(3) FS. Law Implemented 633.137 FS. History–New __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Tucker, Superintendent, Florida State Fire College

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: December 15, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 16, 2020