SUBCHAPTER 05B ‑ N.C. STATE FIRE COMMISSION

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

11 NCAC 05B .0101          DEFINITIONS

As used in this Chapter, the following terms shall be construed as follows:

(1)           "Community College" shall mean the Fire Training Services Section of the North Carolina Department of Community Colleges;

(2)           "FEMA" shall mean the Federal Emergency Management Agency of the Federal Government;

(3)           "Fire and Rescue Division" or "fire and rescue" shall mean the Fire and Rescue Division of the North Carolina Department of Insurance;

(4)           "Fire Commission" or "the Commission" shall mean the North Carolina State Fire Commission of the North Carolina Department of Insurance;

(5)           "NFA" shall mean the National Fire Academy, Division of the Federal Emergency Management Agency.

(6)           "US Fire Administration" or "USFA" shall mean the United States Fire Administration, Division of the Federal Emergency Management Agency.

 

History Note:        Authority G.S. 58-2-40; 58-78-1;

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

11 NCAC 05B .0102          PURPOSE

In order to carry out the duties of the State Fire Commission as listed in G.S. 58-78-5, that Commission shall:

(1)           develop voluntary certification and professional standards for all levels of fire service personnel;

(2)           develop and maintain a statewide fire incident reporting system;

(3)           serve as the central state clearing house for all federal programs from the USFA, and NFA involving fire prevention and control programs that come into North Carolina; and

(4)           provide on a bi-annual basis an updated listing of North Carolina fire departments and fire marshals.

 

History Note:        Authority G.S. 58-2-4-; 58-78-1; 58-78-5; 58-78-10;

Eff. November 1, 1988;

Amended Eff. April 8, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

11 NCAC 05B .0103          MAILING ADDRESS

All requests for information, assistance, or forms, and all replies, answers, supplied information, etc., shall be forwarded to the North Carolina Fire Commission, P.O. Box 26387, Raleigh, N.C. 27611.

 

History Note:        Authority G.S. 58-2-40; 58-78-20;

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

SECTION .0200 ‑ MASTER PLANNING

 

11 NCAC 05B .0201          STATE FIRE TRAINING

The commission shall develop and monitor a master plan which shall include guidelines for training of fire service personnel in North Carolina. These guidelines shall be consistent with the needs of the state's fire service, and shall be continually monitored and updated to reflect the training needs of the state's fire service. Any state agency involved in the training of fire service personnel shall submit to the executive director on a quarterly basis descriptions of programs currently under way or planned.

The executive director shall serve as state training director for the purpose of coordinating state training programs. The director shall serve as the central clearinghouse for the information on state programs and information coming into the state from federal agencies and other states.

 

History Note:        Authority G.S. 58-2-40; 58-78-5;

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

11 NCAC 05B .0202          ADDITIONAL PROGRAMS

The state master plan shall contain guidelines for additional programs deemed useful to fire service organizations throughout the state. These may include, but are not limited to:

(1)           fire service computer coordination;

(2)           data collection and analysis;

(3)           fire codes and inspections;

(4)           radio communications; and

(5)           arson.

 

History Note:        Authority G.S. 58-2-40; 58-78-5;

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

SECTION .0300 ‑ CERTIFICATION OF FIRE SERVICE PERSONNEL

 

11 NCAC 05B .0301          MINIMUM PROFESSIONAL QUALIFICATIONS

 

History Note:        Authority G.S. 58-2-40; 58-78-5(a)(14b);

Eff. November 1, 1988;

Repealed Eff. December 1, 2022.

 

11 NCAC 05B .0302          VOLUNTARY CERTIFICATION

The commission shall establish certification levels for the qualifications developed, and shall issue such certification to appropriate individuals who meet the commission's standards. Certification shall be voluntary, unless adopted as mandatory at the local level. The commission shall be the only state agency certifying fire service personnel on professional qualifications for fire prevention and control duties. The commission shall maintain appropriate records and provide same to individuals upon written request. The commission shall rule on all questions and appeals regarding certification programs. The commission shall inform participating agencies of standard changes and status of certified personnel.

 

History Note:        Authority G.S. 58-2-40; 58-78-5(a)(14); 58-78-5(a)(14b);

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

11 NCAC 05B .0303          COORDINATION WITH OTHER STATE AGENCIES

The commission shall serve as the central clearinghouse for certification issues. All state agencies participating in the certification process shall follow reporting procedures developed by the commission.

 

History Note:        Authority G.S. 58-78-5(a)(14); 58-78-5(a)(14b);

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

SECTION .0400 ‑ FIRE INCIDENT REPORTING

 

11 NCAC 05B .0401          DEVELOPMENT

The North Carolina Fire Commission shall develop and implement a uniform fire incident reporting system for the fire service of North Carolina.

 

History Note:        Authority G.S. 58-79-45;

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

11 NCAC 05B .0402          OPERATION AND CONTROL

(a)  The commission shall have full authority over the operation and control of the fire incident reporting system. Each county shall have a central collection site to which participating fire departments shall report. Larger municipal departments may obtain permission from the executive director to report directly to the commission. The data collected shall be available for use at the local, county and state levels. The commission may submit state data to the United States Fire Administration. Any equipment dispersed by the commission for the purpose of inputting incident reports shall remain under the control of the commission, and said local agency shall sign an approved contract with the commissioner of insurance for the use of said equipment.

(b)  The commission may utilize dispersed equipment for the purpose of creating a fire information network, to be used for the collection and dissemination of information pertinent to the state's fire service. The network may contain, but not be limited to:

(1)           fire incident reporting;

(2)           emergency medical reporting;

(3)           hazardous material reporting;

(4)           arson or suspicious fire reporting;

(5)           hazardous material data collection and disbursement;

(6)           bulletin board for exchange of information; and

(7)           schedule announcements.

(c)  Those locations which agree to the use of any provided equipment shall keep said equipment in good order and shall provide the commission with requested reports.

 

History Note:        Authority G.S. 58-79-45;

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

SECTION .0500 ‑ CENTRAL INFORMATION OFFICE

 

11 NCAC 05B .0501          COLLECTION AND DISSEMINATION OF INFORMATION

The commission shall be the central information office for all fire service activity in the state. Any state agency involved in fire service activities shall submit to the executive director quarterly reports in a form set out by the commission. The commission staff shall provide available information to individuals whenever requested in accordance with applicable state or federal laws.

 

History Note:        Authority G.S. 58-78-5(a)(14a);

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.

 

11 NCAC 05B .0502          FEDERAL PROGRAMS

The commission shall be the central clearinghouse for all fire prevention and control programs coming into the state from federal agencies including the National Fire Academy and the United States Fire Administration. The executive director shall serve as the state representative to the USFA and NFA, and shall be considered the state fire training director for the purposes of participating in federal training programs.

 

History Note:        Authority G.S. 58-78-5;

Eff. November 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.