739 KAR 2:010. Commission meetings and proceedings.


      RELATES TO: KRS 95A.040, 95A.050(1)


      NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation sets forth definitions as well as rules and procedures governing the manner and form of meetings and proceedings initiated and conducted by the Commission on Fire Protection Personnel Standards and Education, and to clarify by what means the commission will provide training for firefighters and conduct its meetings.


      Section 1. Definitions. (1) "Commission" means commission as defined by KRS 95A.210(1).

      (2) "Commissioner" means the Commissioner of the Department of Housing, Buildings and Construction.

      (3) "Department" means the Department of Housing, Buildings and Construction.

      (4) "Division" means the Division of Fire Prevention, State Fire Marshal's Office.

      (5) "Fire department" means and includes a fire department organized under KRS Chapter 75, a fire protection district, a volunteer fire department, a municipal, county or urban-government fire department or other agency or organization recognized by the commission.

      (6) "Fire protection personnel" means an employee or member of a "fire department" whether paid or unpaid, who is engaged in any of the following:

      (a) Fire prevention;

      (b) Inspecting buildings for compliance with building, fire, energy and life-safety codes and compliance with the Architectural Barriers Act;

      (c) Fire suppression;

      (d) Fire and arson investigation;

      (e) Fire-related emergency medical and rescue work;

      (f) Other allied fields recognized and approved by the commission.

      (7) "Fire protection instructor" or "fire service training officer" means any person certified, pursuant to KRS 95A.040(2)(b) as qualified to instruct fire protection personnel.

      (8) "KCTCS" means the Kentucky Community and Technical College System.


      Section 2. (1) Voting on reports, recommendations, and contracts. In order for any of the following decisions or actions to be made, a majority of the commission members shall have cast affirmative votes.

      (a) Recommending administrative regulations to the commissioner pursuant to KRS 95A.050(3) to establish procedures for certification that training and education programs meet minimum standards pursuant to KRS 95A.040(2)(a);

      (b) Entering into contracts with other agencies or persons pursuant to KRS 95A.050(2);

      (c) Recommending to the commissioner administrative regulations prescribing the qualifications and certification procedures for fire protection instructors pursuant to KRS 95A.040(2)(b); or

      (d) Making studies, recommendations and reports to the governor or legislature pursuant to KRS 95A.040(1).

      (2) Public meetings. It shall be the policy of the commission that all its proceedings shall be open to the public and to the press and other news media representatives, unless forbidden by law. This policy shall also apply to the proceedings of any subcommittee of the commission.

      (3) Parliamentary rules. The commission shall be governed by Roberts Rules of Order for the orderly conduct of commission meetings or subcommittee meetings.

      (4) Complaints; advisory opinions. At any regular meeting, the commission may receive complaints, render decisions, deliver advisory opinions, or authorize or request studies and reports by personnel in the State Fire Marshal's Office for any of the purposes set forth in KRS 95A.040, 95A.050, and any administrative regulation adopted thereunder.

      (5) Subcommittees. The commission may establish and govern the subcommittees of its members as it may deem advisable or desirable for the orderly conduct of its business.


      Section 3. Administrative Support for Commission. (1) Staff services. Personnel of the division shall provide administrative and technical services to the commission as the commissioner deems necessary or desirable, upon the request of the commission.

      (2) Training services. The commission may contract with whom it deems necessary as approved by the commission for the entire range of local fire department duties, technology and activities. In addition, KCTCS may furnish school facilities in and among the vocational and technical schools under its jurisdiction for this training. (20 Ky.R. 3155; Am. 21 Ky.R. 18; eff. 7-7-94; 25 Ky.R. 1196; 1603; eff. 1-8-99; recodified from 815 KAR 45:025, 3-27-2002.)