Current through Register Vol. XLI, No. 50, December 13, 2024
Section 87-13-2 - Certification Process2.1. Any member of any fire department who has been elected or appointed as Chief, or who is serving Acting Chief, must apply for Certification from the Fire Commission within 14 calendar days of assuming the position. No person may perform duties as a Chief until certified by the Commission in compliance with this rule.2.2. The Chief or Acting Chief must send to the Fire Commission:2.2.a. Proof of election or appointment, by letter or document signed by an appropriate person who oversees the department;2.2.b. All appropriate documentation, issued by The West Virginia Department of Education, West Virginia Public Service Training or the WVU Fire Service Extension Office, to show proof that the Chief or Acting Chief has completed all necessary training to hold the position. 2.2.b.1. The training must include NFPA 1021, Standard for Fire Officer Professional Qualifications; or,2.2.b.2. Fire Commission approved Fire Officer Level I and Fire Officer Level II2.2.b.3. All previous firefighter and fire officer training will be recognized by the State Fire Commission to the level for which it is equivalent; and,2.2.c. An executed and notarized Chief's Verification Statement, affirming that the chief will operate the department in compliance with all applicable laws, rules, and regulations, and will not allow the department, or members of the department to act or operate in a manner while engaging in fire department related activities, that is not in compliance with all applicable laws, rules, and regulations.2.3. Once received by the Commission, the application for certification shall be reviewed by the Commission: 2.3.a. If information is missing from the application, or the required documentation is not submitted, the Commission will contact the Chief, and inform him or her, of the deficiencies in the application. If the Chief fails to correct the deficiencies in the application within 14 calendar days, the application will be rejected and the department shall choose a new Chief: Provided, That for good cause shown, this deadline may be extended in the sole discretion of the Commission. Any person who fails to timely submit the required information for certification, including any extensions which may be granted by the Commission, shall thereafter be ineligible for certification unless the person submits a written request to the Commission for reapplication along with sufficient proof that such person meets the minimum standards for certification, which request may be granted or denied in the sole discretion of the Commission. Any person aggrieved by the provisions of this subdivision may appeal the decision of the Commission in accordance with the provisions of Section 12 of this Rule.2.3.b. The complete application shall be reviewed by the Commission. The Commission shall review its files and past complaints received to determine if the applicant has operated a department not in compliance with applicable laws, rules, or regulations, or has him or herself acted in a manner not in compliance with applicable laws rules or regulations.2.3.b.1. If there are no past Complaints, and the application meets the criteria as to proof of position, training, and the verification statement, the Commission shall approve the application and issue the Certification to the applicant.2.3.b.2. If there are past complaints to this effect, the Commission shall schedule an interview with the applicant, to discuss the complaint(s) and then determine if the applicant understands the laws, rules, and regulations applicable to fire departments, and then further determine that applicant will abide by these in the future. 2.3.b.2.A. If the Commission is satisfied that the applicant understands the laws, rules and regulations applicable to fire departments, and will abide by the applicable laws, rules, and regulations, the Commission will issue the Certification to the applicant.2.3.b.2.B. If the Commission is not satisfied that the applicant will abide by the applicable laws, rules and regulations, the Commission will deny the application for certification.2.3.c. Notwithstanding the provisions of this rule, upon receipt of an application for certification, until a final determination is made pursuant to this Rule, the Chair of the Commission may grant the applicant a temporary certification, for good cause shown and if the temporary certification is in the best interests of public safety.