739 KAR 2:060. Certification and qualifications of fire protection instructors.

 

      RELATES TO: KRS 95A.040(2)(b)

      STATUTORY AUTHORITY: KRS 95A.050(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 95.040(b) authorizes the Commission on Fire Protection Personnel Standards and Education to certify fire protection instructors. This administrative regulation sets forth the prerequisite for and justification of those instructors.

 

      Section 1. Definitions. (1) A "certified professional firefighter" means a firefighter who meets the requirement of KRS 95A.210 and 95A.230.

      (2) "Certified volunteer firefighter" means an individual who has received at least 150 hours of certified training as recognized by the Commission on Fire Protection Personnel Standards and Education and who receives at least twenty (20) hours of certified training annually to maintain certification.

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

      (4) "Educational methodology course" means a course meeting the objectives of NFiPA 1041 and conducted by:

      (a) KCTCS;

      (b) A Kentucky college or university;

      (c) The National Fire Academy;

      (d) A governmental entity authorized by the National Fire Academy to train within its jurisdiction and approved by the Fire Commission; or

      (e) An agency approved by the Fire Commission to train within its jurisdiction.

      (5) "Fire department" means a fire department recognized by the commission as defined in KRS 75.400 and Chapter 95.

      (7) "Fire protection instructor" or "fire service training officer" means a person certified pursuant to KRS 95A.040(2)(b) and this administrative regulation as qualified to instruct fire protection personnel or oversee the training of fire protection personnel.

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

 

      Section 2. Level I Fire Protection Instructors. Persons certified as Level I fire protection instructors shall be authorized to deliver training to the fire department of which they are a member.

      (1) Requirements for certification. An individual shall be certified by the commission as a Level I instructor if satisfactory written evidence is submitted to the commission that the individual meets the following criteria:

      (a) Has submitted a completed application that has been approved by his fire chief;

      (b) Is a high school graduate or the equivalent;

      (c) Has two (2) years experience as a firefighter;

      (d) Is a Kentucky certified firefighter; and

      (e) Submits proof that he has completed a sixteen (16) hour National Fire Academy Instructional Techniques class or a class that has been approved by the commission.

      (2) Certification terms. Certification shall expire after a period of three (3) years, unless renewed.

      (3) Certification renewal.

      (a) Certification shall be renewed if an applicant has:

      1. Taught at least thirty-two (32) hours, prior to the expiration of his certification; or

      2. Attended a sixteen (16) hour National Fire Academy Instructor class, or an equivalent approved by the commission.

      (b) It shall be the responsibility of the individual instructor and his agency to submit an application for renewal on Form KFI-1, July 14, 1998.

 

      Section 3. Level II Fire Protection Instructors. Persons certified as Level II instructors shall be authorized to deliver training to a fire department within the Commonwealth upon invitation by that agency.

      (1) Requirements for certification. An individual shall be certified by the commission as a Level II fire protection instructor if satisfactory written evidence is submitted to the commission that the individual:

      (a) Is qualified by the following:

      1. Has certified firefighter status;

      2. Has submitted a completed application that has been approved by his fire chief;

      3. Is a high school graduate or the equivalent; and

      4. Has had four (4) years experience as a firefighter; and

      (b) Is further qualified by having completed one (1) of the following:

      1. Has completed a minimum of thirty-two (32) hours of an educational methodology course; or

      2. Holds a valid teaching certificate issued by the Kentucky Department of Education and is a certified firefighter; or

      3. Is a full-time instructor or faculty member of an institution of higher education in Kentucky, teaching in a fire science or fire technology curriculum; or

      4. Holds a valid instructor's certificate issued by an out-of-state fire training agency approved by this commission.

      (2) Certification term. Certification shall expire after a period of three (3) years, unless renewed.

      (3) Certification renewal.

      (a) It shall be the responsibility of the individual instructor and his agency to submit an application for renewal on Form KFI-2, July 14, 1998.

      (b) The following shall be required of an applicant seeking renewal of his certification:

      1. He shall have taught a minimum of sixty (60) hours during his three (3) year certification period; or

      2. He shall have taught a minimum of thirty (30) hours and shall reattend the thirty-two (32) hour educational methodology course.

 

      Section 4. Level III Fire Protection Instructors. Persons certified as Level III fire protection instructors shall be authorized to deliver training to fire departments or to train persons for Level I and II certification and to train Level II instructors to become Level III fire protection instructors.

      (1) An applicant shall be certified as a Level III instructor if the following has occurred:

      (a) The fire department of which the applicant is a member applies for his recognition by the commission as a Level III instructor;

      (b) The applicant interviewed with the commission, if requested; and

      (c) The following written information has been submitted:

      1. A completed application and resume;

      2. Proof of the applicant's current certification as a Level II fire protection instructor; and

      3. Sufficient evidence of having assisted with the delivery of at least one (1), thirty-two (32) hour educational methodology course or instructional technique class prior to requesting approval as a Level III instructor.

      (2) Certification term. Certification shall be made for a period of three (3) years unless the commission determines that the certification shall be revoked, for cause.

      (3) Certification renewal.

      (a) It shall be the responsibility of the individual instructor to submit an application for renewal prior to expiration of certification. Renewal shall be on Form KFI-3, July 14, 1998.

      (b) A renewal applicant shall have delivered at least one (1) educational methodology course or instructional technique class during his three (3) year certification period.

      (c) A renewal applicant shall have taught a minimum of sixty (60) hours during his certification period.

      (d) A renewal applicant shall attend at least one (1) instructor trainer workshop approved by the commission.

 

      Section 5. Fire Protection Instructor Current Status. (1) A fire protection instructor who is certified by the commission pursuant to this administrative regulation shall be reclassified as a Level II fire protection instructor and shall conform to this administrative regulation.

      (2) To retain current certified status as an instructor, an individual shall meet the renewal criteria for the level for which he is certified.

      (3) If an instructor does not meet Level II requirements, he shall revert to Level I status.

      (4) If an instructor does not meet the criteria for Level I status, his fire protection instructor certification shall be revoked.

 

      Section 6. Revocation of Certification. The commission may revoke certification if, after reasonable notice and a hearing, it is determined that there was:

      (1) A material misstatement or misrepresentation in any document furnished the commission to obtain the issuance or renewal of a certification;

      (2) Falsification of training records; or

      (3) An act of misconduct, negligence, malfeasance.

 

      Section 7. Appeal. (1) A fire protection instructor notified of an intent to revoke his instructor certification, may request a hearing before the commission by submitting a request to be heard, in writing, within fifteen (15) days from the date of receipt of the letter of notification.

      (2) A hearing shall be conducted at the next regularly scheduled meeting of the commission or within thirty (30) days, whichever is first.

      (3) The decision of the commission shall be rendered in writing within ten (10) days of the termination of the hearing.

 

      Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Level I Certification Application and Renewal, Form KFI-1. July 14, 1998.

      (b) Level II Certification Application and Renewal, Form KFI-2, July 14, 1998.

      (c) Level III Certification Application and Renewal, Form KFI-3, 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. 2192; Am. 2434; eff. 5-10-93; 25 Ky.R. 1209; 1613; 2374; eff. 2-24-99; recodified from 815 KAR 45:090, 3-27-2002.)