Ala. Admin. Code r. 360-X-1-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 360-X-1-.01 - General Regulations And Administrative Procedures

The General Regulations and Administrative Procedures Section of the Rules and Regulations of the Commission covers those areas that are required for all levels of certification and personnel administration. Specific requirements for each level are set forth in separate provisions that follow this section.

NOTE: Participation in the certification program shall not be mandated for any level or position of fire service personnel except trainee which is required by the Code of Ala. 1975, § 36-32-7.

(1) Responsibilities of the chief of each fire fighting agency.

(a) The chief shall be responsible to see that all required forms and necessary information is properly filed with the office of the Commission.

(b) The chief shall be responsible to see that each employee, who is required, receives the required training at an approved school. Training is required under State Law when:

1. The employee is a firefighter or fire protection personnel as defined in § 36-32-1, and

2. The firefighter is employed by a "fire fighting agency," as defined in § 36-32-1, and

3. The firefighter provides services to the public, and

4. The firefighter receives compensation for those services, and

5. Compensation received obligates the firefighter to perform.

(c) The chief shall be responsible to see that required training is conducted within the time set forth in the Code of Ala. 1975, § 36-32-7. When an employee is voluntarily or involuntarily terminated from employment and rehired by the same employer, such employment shall be calculated as though employment was continuous since the time of the first employment date.

(d) The chief shall cooperate with the Commission and Executive Director in carrying out the mandates and responsibilities of the Code of Ala. 1975, §§ 36-32-1 through 36-32-12 and the By-Laws and Regulations of the Commission.

(e) The chief shall be responsible to see that his instructors are kept informed of the procedures for certification.

(2) Personnel records and information.

(a) Notice of Employment of new personnel.

1. The chief shall, within ten (10) days after the date of employment of a new employee subject to the provisions of § 36-32-7 of the Code of Ala. 1975, file with the office of the Commission AFC & PSEC Form-04 entitled "Notice of Employment."

2. The chief shall, within thirty (30) days after the date of employment of a new employee subject to the provisions of § 36-32-7 of the Code of Ala. 1975, and who is not currently certified as a firefighter in the State of Alabama, file with the office of the Commission AFC & PSEC Form-05 entitled "Physical Statement" certified by a licensed practicing physician or such designee as satisfactory by the appointing authority designated as in good health and physically fit for the performance of duties as a firefighter. Provided, however, Form-05 must be submitted prior to beginning any certification training leading to certification as a Fire Fighter or Volunteer Fire Fighter.

NOTE: The physical and medical examination should be conducted for the purpose of detecting or determining the presence of deficiencies or abnormalities which would reasonably be expected to limit the abilities of the applicant to satisfactorily and safely perform all the duties associated with fire fighting.

(b) Notice of termination.

1. The chief shall, within ten (10) days after the date of termination of the employment of personnel subject to the provisions of § 36-32-7 of the Code of Ala. 1975, file a completed AFC & PSC Form-06 entitled "Notice of Termination."

(c) Submission of departmental and municipal roster.

1. The chief shall, prior to October 1st of each year, file with the office of the Commission a true and complete roster of all departmental and municipal personnel subject to the provisions of § 36-32-7 of the Code of Ala. 1975,

(3) Issuance of certificates.

(a) The Commission may issue fire services certifications to any individual who satisfactorily completes the requirements for a specific level of competence as prescribed by the Commission.

(b) The Commission shall have the power to cancel, suspend, or recall any certificate upon due cause as determined by the Commission.

(c) Reciprocity

1. The Commission shall not issue reciprocal certificates above the level of Fire Fighter I or Certified Career Fire Fighter, but may elect to recognize those certifications from other states as pre-requisites for training, provided that such certifications were issued by a ProBoard or IFSAC accredited agency.

2. In considering applications for reciprocity the Commission may elect to give credit for training received in other states, provided such training has been approved or accredited in the state where the training was received.

3. The Commission may elect to prescribe as a condition for certification:

(i) Applying the state examination for appropriate level.

(ii) Supplementary training as required to fulfill areas of training not covered in previous training. Such supplementary training may be completed and documented by the fire department employing, or seeking to employ, the candidate for reciprocity if the training is conducted at an approved training center.

4. Notwithstanding the above provisions, the Commission may enter into standing reciprocity compacts or agreements with those states which by law regulate and supervise the quality of fire service training.

5. The Commission shall not consider an application for reciprocity of any individual who has been separated from the fire service for a period greater than five years immediately preceding the application for reciprocity.

6. The Commission shall only consider an application for reciprocity when the application is made by the chief officer of a municipal, county, state, or federal fire fighting agency within the state of Alabama.

7. When determining eligibility for issuance of Certified Career Fire Fighter certification for out-of-state candidates, the Commission shall require the following:

(i) Certification as Fire Fighter I/II based on NFPA 1001, Standard for Fire Fighter Professional Qualifications, or any successor standards, as adopted by the Commission.

(ii) Certification as Hazardous Materials: Awareness and Operations based on the applicable NFPA standard(s) in effect at the time that certification was issued.

(iii) Completion of a course of instruction equivalent to Rapid Intervention Crew Member as approved by the Commission.

(iv) Completion of 400 total hours of training to be comprised of subject matter in the courses listed in (i) - (iii) above.

(v) The candidate must have successfully completed emergency medical care training that included infection control, CPR, bleeding control and shock management.

(vi) Successful completion of the Candidate Physical Ability Exam (CPAT) required by the Commission for entry into a Fire Fighter I/II course.

(vii) Submission of a properly completed physical statement on the form approved by the Commission.

8. Candidates who are granted Certified Career Fire Fighter status are then eligible to take the examination(s) for certification by the Commission for Firefighter Levels I and/or II, Hazardous Materials: Awareness and Operations, and/or Rapid Intervention Crew Member. Upon successful completion of any or all of these certification examinations, the candidate shall then be awarded certification as indicated.

(d) Expiration of certification.

1. Fire Fighter I certifications issued by the Commission shall expire under either of the following circumstances:

(i) One (1) year from the date an individual leaves the fire service employment. Fire service employment is any paid municipal, county, state, or federal occupation that requires the candidate, as his primary duty, to actively and routinely engage in fire protection services. Volunteer status is not sufficient to maintain Fire Fighter I certification.

(ii) In the event that the certified individual fails to obtain 30 hours per calendar year of continuing training that is relevant to the performance of firefighting duties. Documentation of such training shall be maintained by the employing agency and made available for inspection by the Commission upon request.

2. Volunteer Fire Fighter certifications issued by the Commission shall not expire provided that the certified individual obtains 30 hours per calendar year of continuing training that is relevant to the performance of firefighting duties. Documentation of such training shall be maintained by the department with which the Volunteer Fire Fighter is affiliated and made available for inspection by the Commission upon request.

3. All certifications that have as prerequisite one or more separate certifications shall expire upon the expiration of the underlying prerequisite certification. Reinstatement of the Firefighter I certification shall reinstate those certifications expired under this provision.

4. Expiring Fire Fighter I certificate shall be converted to a Certified Volunteer Fire Fighter certificate, provided that the remaining requirements of 360-X-2-.01 are met.

5. The Commission may defer the expiration of a certification for up to one (1) year when the certificate holder is actively engaged in an approved postsecondary degree program in Fire Science or closely related subject or a certificate or degree program in Emergency Medical Services. Application for deferral must be made upon the prescribed forms and prior to the expiration of the certificate.

(e) Certificates may be issued only to individuals of good moral character and reputation as determined by the Commission, namely:

1. The individual shall not have been convicted of a felony or convicted of a crime involving fire and/or explosion; or

2. The individual shall not have been found guilty of a crime of moral turpitude or have engaged in immoral conduct which indicates an unfitness to discharge the duties of such certificate holder, as determined by the Commission.

(f) The Commission may issue provisional certifications to individuals enrolled in Commission-approved secondary educational career-technical educational programs if such individuals do not meet the age requirements for certification at the time that they complete training and testing. These provisional certifications may convert to full certifications upon the candidate's attainment of the required age for regular certification.

(g) Certification(s) issued to individuals shall be based upon the requirements for certification in effect at the time of issuance and shall remain valid notwithstanding subsequent changes to the certification process or requirements.

(4) Requirements for recertification upon re-entry into the fire service.

(a) Any individual who was previously issued Fire Fighter I certification by the commission, and whose Fire Fighter I certification has expired, may be recertified by successfully completing a recertification course as prescribed by the commission.

(b) The requirements for recertification shall not be construed as to preclude any employing agency from requiring any individual to complete any training required by the employing agency.

(5) Rescinded.

(6) Rescinded.

(7) Protection of existing positions.

(a) The standards adopted by the Commission shall not be used to render invalid any rank, qualification, or appointment acquired prior to the adoption of a standard.

(8) Specification for approved training for certification.

(a) To be recognized for certification by the Commission, training shall be obtained under the following conditions:

1. All certification courses must have prior approval by the Commission. Those agencies desiring to have a course taught must submit AFC & PSC Form-09 entitled "Application for Course Approval" completed with all the required information.

2. All certification courses must be taught using the current course curriculum approved by the Commission.

3. All certification courses must be taught by an instructor certified to the appropriate level or otherwise qualified by his or her education and experience to a level demonstrating particular subject matter expertise.

4. All certification courses must be taught at a facility appropriate to promote a learning environment and able to safely and comfortably accommodate the number of students involved in the course. Certain certification courses have more particular facility requirements as set out in the provisions below.

5. All certification courses must have a sufficient number of students to facilitate the instructional process and ensure the safety of the student involved in the course. Certain certification courses have more particular requirements regarding the number of students as set out in the provisions below.

6. The instructor will request that the state certification written examination be scheduled at the completion of the required training.

7. Attendance of certification courses taught at locations other than the Alabama Fire College shall be restricted to members of Alabama state, county, and municipal agencies, except where courses are established through the AFC Industrial or DoD Programs Division or by an articulation agreement with a postsecondary institution.

(9) Specification for approval as a fire training center.

(a) Any agency may, upon submitting AFC & PSC Form-08 "Inventory and Application for Approval as a Fire Training Center" to the Commission, be approved as a permanent Fire Training Center.

(b) An approved permanent Fire Training Center must undergo re-evaluation and approval at a minimum of five-year intervals. Such re-evaluation may also be required at the discretion of the Commission prior to the approval of any course as required in Section 8 above.

1. To be approved as a permanent Fire Training Center the agency shall have in its custody or readily available for use the required training structures, apparatus, and equipment as listed below:

(i) Classroom with adequate lighting, heating, cooling, ventilation, seating facilities with support for writing, and standard classroom equipment: chalkboard, speaker's rostrum, etc.

(ii) Pumper apparatus which meet specifications outlined in NFPA 1901, Standard for Automotive Fire Apparatus, within the two most recent editions.

(iii) A complete and current set of training manuals approved by the Commission for use in fire service training.

(iv) Current types and classes of portable fire extinguishers.

(v) A training tower or suitable structure not less than two (2) stories in height, suitable for use as a training structure for ladder evaluations, rescue drills, hose advancement, and rope work.

(vi) Forcible entry and ventilation drill facilities including a means of providing the trainee an opportunity to practice and/or demonstrating opening a variety of doors, windows, roofs, floors, and partitions.

(vii) Salvage equipment including covers, coveralls, scoops, squeegees, mops, and sprinkler kits.

(viii) Ropes of assorted lengths suitable for rescue and practicing knots.

(ix) Self-contained breathing apparatus, NFPA compliant within the two most recent editions, in sufficient numbers to enable each student to be completely familiar and functionally competent in their use.

(x) A smoke and fire room or building suitable for containing and equipped for simulating fire atmospheres and conditions.

(xi) Facilities for conducting live fire training and rescue in:

(I) Structural Fire Fighting

(II) Flammable Liquid Fire Fighting

(III) Automobile Fire Fighting

(xii) First-Aid supplies/equipment required to meet DOT standards for EMT Basic.

(xiii) Audio-visual training aids and equipment are encouraged but not required.

(10) Specification for Training involving Live Fire Evolutions.

(a) Training or instruction of any nature involving live fire evolutions, regardless of whether course completion results in certification, carried out by or in cooperation with the Commission or the Alabama Fire College shall be conducted by an instructor certified by the Commission as a Live Fire Instructor.

(b) Training or instruction of any nature involving live fire evolutions, regardless of whether course completion results in certification, carried out by or in cooperation with the Commission or the Alabama Fire College shall meet or exceed the requirements of NFPA 1403 Standard on Live Fire Training Evolutions, current edition.

(11) Candidate Physical Ability Test Standard for Fire Fighter I Training.

(a) As prescribed by the Commission, job related physical performance requirements shall be used to select candidates. Therefore, the fire fighter candidate shall successfully complete the Fire Service Joint Labor Management Wellness/Fitness Initiative Program Candidate Physical Ability Test (CPAT) or other such validated physical ability evaluation prior to entering a minimum standards course for Fire Fighter I.

Departments shall place on file with the Personnel Standards Commission the type test used and all associated validation documents prior to such testing.

(b) The physical ability evaluation shall be valid for 1-year from the date of completion.

Ala. Admin. Code r. 360-X-1-.01

Filed February 24, 1982; July 29, 1992. New Rule: Filed May 5, 1994, Effective Date June 10, 1994. Amended: Filed July 24, 1996; effective August 28, 1996. Amended: Filed January 22, 2001; effective February 26, 2001. Amended: Filed April 19, 2002; effective May 24, 2002. Amended: Filed April 24, 2002; effective May 29, 2002. Amended: Filed December 13, 2002; effective January 17, 2003. Amended: Filed May 1, 2003; effective June 5, 2003. Amended: Filed July 26, 2005; effective August 30, 2005. Amended: Filed November 8, 2006; effective December 13, 2006. Amended: Filed May 8, 2008; effective June 12, 2008. Amended: Filed December 12, 2008; effective January 16, 2009. Amended: Filed March 16, 2010; effective April 20, 2010. Amended: Filed July 29, 2011; effective September 2, 2011. Amended: Filed October 30, 2012; effective December 4, 2012.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/5/2015.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 11, August 31, 2016, eff. 9/25/2016.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 05, February 28, 2017, eff. 3/16/2017.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 08, May 31, 2018, eff. 6/14/2018.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023.

This agency was previously named "Alabama Fire Fighters' Personnel Standards And Education Commission".

Author: Allan C. Rice

Statutory Authority:Code of Ala. 1975, §§ 36-32-1 thru 36-32-12.