W. Va. Code R. § 42-9-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 42-9-12 - Minors Ages 16 and 17 Engaging in Volunteer Fire Department Activities; Responsibilities of the Volunteer Fire Department; Prohibited and Permitted Activities

12.1. A 16 or 17 year old minor may be employed by or elected as a member of a volunteer fire department to perform fire-fighting functions, other than those prohibited functions listed in subsection 12.3 of this section, if he or she:

12.1.1. Is enrolled in, is participating in, or has completed the minimum training requirements of one of the following programs:

12.1.1.a. the West Virginia Department of Education Public Service Fire Service Training;

12.1.1.b. the West Virginia State Fire Commission;

12.1.1.c. the West Virginia University Fire Service Extension Junior Firefighter Training; or

12.1.1.d. an equivalent approved program; and

12.1.2. Has the written consent of his or her parent to be employed by or be elected as a member of a volunteer fire department.

12.2. The volunteer fire department is responsible for and shall ensure that:

12.2.1. The minor has provided documentation of his or her enrollment in, participation in, or successful completion of one of the training programs listed in subdivision 12.1.1 of this section;

12.2.2. The minor has provided an age certificate;

12.2.3. The minor is under the direct supervision and control of trained and qualified fire protection personnel; and

12.2.4. The minor's parental consent is on file as long as the minor's name appears on the volunteer fire department's roster of volunteers.

12.3. A minor may not:

12.3.1. Drive any fire apparatus, ambulance, or other official fire vehicle;

12.3.2. Operate flashing lights, a siren, or other audible signal when responding to an alarm in his or her own personal vehicle or any other vehicle;

12.3.3. Operate or climb an aerial ladder, aerial platform, or hydraulic jack at a fire scene or an emergency scene;

12.3.4. Use rubber electrical gloves, insulated wire gloves, insulated wire cutters, life nets, acetylene cutting units, K-12 fire rescue saws, air chisels, jaws of life, or other hydraulic rescue tools or other equipment related to rescue and fire operations at a fire scene or an emergency scene;

12.3.5. Operate the pumps or high-pressure hoses of any fire vehicle while at a fire scene or an emergency scene; or

12.3.6. Enter a burning structure.

12.4. As long as a minor is wearing personal protective equipment, he or she may:

12.4.1. Participate in training activities of the West Virginia Department of Education Public Service Fire Service Training, the West Virginia State Fire Commission, the West Virginia University Fire Service Extension Junior Firefighter Training, or an equivalent program approved by the Commissioner;

12.4.2. Administer first-aid at a fire scene or an emergency scene, but only at a safe distance away from any building or structure;

12.4.3. Clean up the outside area of a fire or emergency scene, but not the inside area of a building or structure, after a fire has been declared by the official in charge to be under control; and

12.4.4. Provide coffee and food service at a fire scene or an emergency scene, if needed, but only at a safe distance away from any building or structure.

12.5. A minor may not respond to a fire while school is in session or during school hours, unless the fire official in charge has obtained permission from the minor's school principal.

W. Va. Code R. § 42-9-12