Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 6 of the General Laws is hereby amended by striking out sections 164 and 165, as appearing in the 1984 Official Edition, and inserting in place thereof the following three sections:-

Section 164. There is hereby established in the executive office of public safety the Massachusetts fire training council, hereinafter called the council, to consist of the chief fire warden of the commonwealth, ex officio; the secretary of public safety, ex officio; the director of the Massachusetts firefighting academy and ten members to be appointed by the governor: four of whom shall be fire chiefs selected from a list of eight names submitted by the fire chiefs association of Massachusetts; one of whom shall be a fire department training instructor holding an officer's rank, but not a fire chief, selected from a list of two names submitted by the Massachusetts Institute of Fire Department Instructors; one of whom shall be a fire prevention inspector, but is not a fire chief, selected from a list of two names submitted by the Massachusetts fire prevention association; two of whom shall be selected from a list of four names submitted by the professional firefighters of Massachusetts, one of whom holds the rank of firefighter and the other of whom holds the rank of a fire department officer other than a fire chief; and two of whom shall be citizens of the commonwealth.

The four fire chiefs selected from the eight names submitted by the fire chiefs association shall represent the following types of fire departments:

(1) A fully paid fire department;

(2) A partially paid part-call fire department;

(3) A full-call fire department; and

(4) A community from within Metro Fire District 13.

The chairman of said council shall be elected by a majority vote of the members thereof and shall serve as chairman for a term of one year or until his successor is elected. Said chairman shall be elected annually at the January meeting.

Members of the council shall be appointed for terms of three years with no limit on the number of terms they may serve, except that the terms of initial appointment shall be four members for one year, three members for two years and three members for three years. Members shall hold office until a successor is appointed and no member shall serve beyond the time he ceases to hold office or employment by reason of which he was eligible for appointment to the council.

The council shall meet monthly except that the chairman, with council approval, may omit meetings in July and August and the chairman, the governor, or the secretary of public safety may call additional meetings at other times, of which all members shall be given notice in writing at least five days prior to such meeting. Special meetings may be called by the chairman and shall be called by him at the request of the governor or upon the written request of seven members of the council. If any member is absent from three regularly scheduled meetings, exclusive of July and August, in any calendar year, his office as a member shall be deemed vacant. The chairman of the council shall make an annual report to the governor and the secretary of public safety and include in it recommendations for appropriate legislation.

The members of the council shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.

Section 165. The Massachusetts fire training council shall be the sole certifying agency for the certification and training of all levels of fire service personnel within the commonwealth and shall have statutory responsibility for the following:

(1) the establishment and certification of firefighting standards for recruit firefighters and a uniform training curriculum for all other levels of fire service personnel;

(2) the establishment of requirements for instructors employed in the Massachusetts firefighting academy;

(3) the establishment and promulgation of such rules and regulations for the operation of the Massachusetts firefighting academy;

(4) the location of the Massachusetts firefighting academy and area training centers;

(5) the establishment of standards for conducting training by the Massachusetts firefighting academy; and

(6) an annual review and approval of standards and the courses and curriculum offered by the Massachusetts firefighting academy.

The council shall consult and cooperate with any employing fire service agency, state university, college, community college, regional vocational school or other educational institution and the division of personnel administration concerning the development of firefighter training standards and facilities.

The council may provide for such necessary services to local fire training centers as are needed to meet standards established pursuant to this section.

The council may delegate to the director of the Massachusetts firefighting academy any such authority it deems appropriate for the operation of said academy.

Section 165A. There is hereby established the Massachusetts firefighting academy which shall be the sole agency responsible for the training of all fire service personnel in the commonwealth. Said academy shall be responsible to the fire training council and shall be within the executive office of public safety.

Said academy shall be directed by an executive director who shall be appointed by the Massachusetts fire training council and, subject to appropriation, make such expenditures and appoint such staff as may be necessary to carry out the function of said academy.

Said executive director shall be classified in accordance with section forty-five of chapter thirty and his salary shall be determined in accordance with the provisions of section forty-six C of said chapter thirty.

Said academy, with the approval of the Massachusetts fire training council, may accept for any of its purposes and functions any donations of property and grants of money from any governmental unit, public or private agency, institution, person, firm or corporation. Said grants shall be kept by the state treasurer in a separate fund to be known as the Massachusetts Firefighters Academy Trust Fund and shall be disbursed by the state treasurer at the direction of said council.

SECTION 2. Section 18 of chapter 6A of the General Laws, as amended by chapter 642 of the acts of 1986, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The following state agencies are hereby declared to be within the executive office of public safety: the department of public safety and all other state agencies within said department, including several boards established by sections eleven A, thirteen A and fourteen of said chapter; the boards established by sections seventy-one A and seventy-one H of chapter one hundred and forty-three, and the board of school house structural standards established by section one of chapter six hundred and seventy-five of the acts of nineteen hundred and fifty-five; the registry of motor vehicles; the governor's highway safety committee; the Massachusetts criminal justice training council; the criminal history systems board; the security and privacy council; the state board of building regulations and standards; the department of the capitol police; the architectural access board and the Massachusetts fire training council.

SECTION 3. The sixth paragraph of section 1F of chapter 15 of the General Laws is hereby amended by striking out clause (8), as appearing in the 1984 Official Edition.

SECTION 4. The provisions of this act shall not impair or diminish the rights or privileges of any officer or employee of the Massachusetts firefighting academy and the Massachusetts fire training council holding office or so employed on the effective date of this act including, but not limited to, seniority, vacation time, sick time, retirement or pension rights or any other such rights or privileges under any provision of law.