KRS § 95A.040 — KY Code / Title IX / Chapter 95A / Section 95A.040
95A.040 Powers of commission -- Firefighter physical agility test -- Administrative regulations
Status: in_force

95A.040 Powers of commission -- Firefighter physical agility test -- Administrative

regulations.

(1) The commission shall make full and complete studies, recommendations and

reports to the Governor, the Kentucky Community and Technical College System,

and the Legislature for the purpose of establishing:

(a) Minimum standards and education of fire protection personnel appointed to

positions in municipal fire departments, who are to be engaged in fire

protection to include fire suppression, fire prevention, arson investigation, and

other allied fields;

(b) Basic minimum courses of training for fire protection personnel;

(c) Procedure for the certification of fire protection personnel and the certification

of fire protection instructors. The commission may provide financial support

for certification, and this support may include the cost of training, training

aids, and salaries of instructors; and

(d) Administrative regulations to require that each volunteer firefighter be able to

read, write and understand the English language, is a person of sobriety and

integrity, is and has been an orderly, law-abiding citizen, is a citizen of the

United States, a permanent resident of the United States, or otherwise lawfully

present in the United States, and has reached the age of eighteen (18).

(2) (a) The commission shall establish by administrative regulation a candidate

physical agility test to be administered to all candidates for professional

firefighter positions. For the provisions of this section, "professional

firefighter" shall include any paid firefighter who is a member of a:

1. Municipal fire department organized under KRS Chapter 95;

2. Fire protection district organized under KRS Chapter 75;

3. County fire department created pursuant to KRS Chapter 67;

4. Fire department under the jurisdiction of a consolidated local government;

5. Fire department under the jurisdiction of a charter county government;

6. Fire department under the jurisdiction of an urban-county government;

7. Fire department under the jurisdiction of a unified local government; or

8. Fire department created under KRS Chapter 273.

(b) The candidate physical agility test shall establish uniform standards of the

physical abilities required for all firefighter candidates. The candidate physical

agility test shall be required for all firefighter candidates hired on or after

January 1, 2013.

(c) After June 25, 2009, the commission shall establish procedures for individual

firefighter candidates to voluntarily take the candidate physical agility test.

The commission shall also establish procedures for fire departments listed

under paragraph (a) of this subsection to voluntarily require firefighter

candidates hired by them to have successfully completed the candidate

physical agility test. The procedures in this paragraph shall be established by

administrative regulation.

(d) The candidate physical agility test shall be designed to assess a candidate's

ability to handle the physical demands of fighting fires and shall include

exercises that simulate the most common tasks involved in fire suppression.

These exercises shall include but are not limited to stair climb, hose drag,

equipment carry, ladder raise and extension, forcible entry, search, rescue,

ceiling breach, and pull.

(e) The commission may establish a fee to be charged to candidates participating

in the candidate physical agility test. The fee shall be no greater than an

amount specified by the commission to cover the costs of implementing and

administering the candidate physical agility test.

(f) The commission shall promulgate administrative regulations, pursuant to KRS

Chapter 13A, to establish and implement the candidate physical agility test

and to carry out any other responsibility assigned by this section. The

administrative regulations shall be promulgated no later than October 1, 2009.

(3) The commission shall have the authority to:

(a) Certify fire protection training and education programs as having attained the

minimum required standards suggested by the commission, and provide

financial support for the provision of training, training aids, and salaries of

instructors in order to achieve these minimum standards;

(b) Certify instructors as having qualified as fire protection instructors under such

conditions as the commission may prescribe;

(c) Direct research in the field of fire protection and accept gifts and grants for

such purposes; and

(d) Recommend curricula for advanced courses and seminars in fire science

training in colleges and institutions of higher education.

(4) The commission shall have authority to receive and, to the extent required by

federal law, to disburse all grants and funds from the federal government for the

purpose of fire protection personnel training and education. Except as otherwise

provided by law, the commission shall administer all state programs and all state

and federally funded grant programs related to fire protection personnel training and

education.