739 KAR 2:050. Volunteer fire department aid.

 

      RELATES TO: KRS 75.400, 75.410, 75.440, 95A.210, 95A.262, 136.392

      STATUTORY AUTHORITY: KRS 95A.262(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 95.262(2) requires the Commission on Fire Protection Personnel Standards and Education to allot funds to local volunteer fire departments in order to promote better fire protection through better facilities and equipment. This administrative regulation establishes the requirements for volunteer fire department aid.

 

      Section 1. Definitions. (1) "Certified training" means firefighter training given or verified by an instructor certified pursuant to 739 KAR 2:060 and recorded by the commission.

      (2) "Certified volunteer firefighter" means an individual who has received at least 150 hours of certified training and who receives at least twenty (20) hours of certified training annually.

      (3) "Commission" is defined by KRS 95A.210(1).

      (4) "Fire apparatus" means a motorized vehicle specifically designed to perform firefighting operations, equipped with a pump having a minimum capacity of pumping 250 gallons per minute and with sufficient space to carry fire hose and other fire suppression equipment.

      (5) "Newly formed fire department" means a fire department which meets the requirements established in KRS 95A.262(2) for a qualifying department.

      (6) "Volunteer fire department" is defined in KRS 75.400(5).

 

      Section 2. Eligibility. (1) To qualify to receive volunteer fire department aid, a volunteer fire department shall meet the requirements established in KRS 95A.262 and this administrative regulation.

      (2) A newly formed fire department applying to be recognized by the commission for funding and benefits shall have twelve (12) firefighters and a chief that are not qualifying another fire department for volunteer fire department aid.

      (3) A fire department or other eligible entity requesting aid shall provide proof of purchase expenditures for the previous year's aid. The proof shall be submitted by June 30 of each year on form KSA-2, Proof of Purchase.

      (4) Certification of personnel shall be determined from Form KFS-2, Firefighter Application, which shall be submitted to the commission regarding the active or inactive status of an existing member, the departure of a member, or the entry of a new member.

 

      Section 3. Participation Requirement. (1) The chief officer or his appointed representative of the department shall furnish the information required by the commission for determination of eligibility.

      (2) All training hours for the department for the previous twelve (12) months shall be submitted by December 31.

      (3) A volunteer fire department seeking aid pursuant to KRS 95A.262 shall submit to the commission a completed:

      (a) Form KSA-1, Fire Department Information; and

      (b) Form KFS-3, Fire Department Application.

 

      Section 4. Purposes for which Volunteer Aid May be Used. (1) An approved equipment list of items which may be purchased with volunteer fire department aid pursuant to KRS 95A.262 and this administrative regulation shall be supplied with each check.

      (2) Funds shall not be expended for an item not on the approved list unless written permission to spend the funds for other purposes is granted by the commission and fire department aid administrator pursuant to Section 5 of this administrative regulation.

      (3) Proof of purchase shall be:

      (a) Submitted in the form of an invoice and cancelled check;

      (b) Recorded on Form KSA-2, Proof of Purchase; and

      (c) Submitted to the commission.

      (4) Proof of purchase documentation shall be returned by June 30 of the year following receipt of the check.

      (5) The commission or its designee may make an inspection of the applicant's fire department to determine comparative needs within the department before making the allotment. The inspection may include an accounting to assure that equipment previously purchased is currently in the possession of the fire department.

 

      Section 5. Processing Applications for and Expenditure of Aid. (1)(a) If the approved allotment is insufficient to cover the cost of equipment or other approved purpose, funds granted for a fiscal year may be deposited in a bank authorized by the applicant to be held for a period not to exceed five (5) years from the initial request.

      (b) If additional time beyond the five (5) years is needed, a written request shall be made to the commission giving reasons why additional time is needed.

      (c) The funds shall be held in a special and separate bank account marked "Fire Department Aid Fund."

      (2) If an allotment is granted to a fire department and is to be used for the purchase of equipment other than that listed on the approved equipment list or for another purpose, the chief of the fire department shall:

      (a) Request, in writing, permission to use the allotment for other equipment or purposes; or

      (b) Refund the grant-in-aid allotment.

      (3) The amount expended for a firefighter to attend a fire-related school or class shall:

      (a) Not exceed ten (10) percent of the aid amount allotted for that fire department; and

      (b) Be listed on Form KSA-2, Proof of Purchase, with receipts.

      (4) If expenditure is made of an allotted fund, copies of receipted bills shall be forwarded by the volunteer fire department aid coordinator to the commission. If the grant is to be used toward the retirement of a preexisting debt for purchase of land, buildings or equipment, proof of the expenditure in the form of an affidavit or cancelled note shall be furnished to the commission. A false statement made knowingly by an applicant shall call for refund of grant monies and prosecution under existing statutes.

 

      Section 6. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Fire Department Information, Form KSA-1, July 14, 1998;

      (b) Firefighter Application, Form KFS-2, July 14, 1998;

      (c) Fire Department Application, Form KFS-3, July 14, 1998; and

      (d) Proof of Purchase, Form KSA-2, July 14, 1998.

      (2) This material may be inspected, copied, or obtained at the Commission on Fire Protection Personnel Standards and Education, 1049 U.S. 127 South, Suite #5, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (19 Ky.R. 2189; Am. 2431; eff. 5-10-93; 25 Ky.R. 1205; 1610; eff. 1-8-99; 26 Ky.R. 220; 618; eff. 9-16-99; recodified from 815 KAR 45:080, 3-27-2002.)