U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

83–607 PDF 2003

S. HRG. 106–1132

S. 1941, A BILL TO AMEND THE FEDERAL FIRE

PREVENTION AND CONTROL ACT OF 1974

HEARING

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

JULY 25, 2000

Printed for the use of the Committee on Commerce, Science, and Transportation

(

(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

JOHN MCCAIN, Arizona, Chairman 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

SLADE GORTON, Washington 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ASHCROFT, Missouri 

BILL FRIST, Tennessee 

SPENCER ABRAHAM, Michigan 

SAM BROWNBACK, Kansas 

ERNEST F. HOLLINGS, South Carolina 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

RICHARD H. BRYAN, Nevada 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

MAX CLELAND, Georgia 

MARK BUSE, Republican Staff Director 

ANN CHOINIERE, Republican General Counsel 

KEVIN D. KAYES, Democratic Staff Director 

MOSES BOYD, Democratic Chief Counsel 

(III)

C O N T E N T S 

Page 

Hearing held on July 25, 2000 ............................................................................... 1

Statement of Senator McCain ................................................................................. 1

Statement of Senator Hollings ............................................................................... 2

Prepared statement .......................................................................................... 2

Statement of Senator Kerry .................................................................................... 50

WITNESSES

Dodd, Hon. Christopher J., U.S. Senator from Connecticut ................................ 3

DeWine, Hon. Mike, U.S. Senator from Ohio ........................................................ 7

Prepared statement .......................................................................................... 9

Fincher, Jr., Chief Luther L., President, International Association of Fire 

Chiefs (IAFC) ........................................................................................................ 19

Prepared statement .......................................................................................... 21

Monihan, E. James, Former Chairman, Current Director, State of Delaware, 

National Volunteer Fire Council (NVFC) ........................................................... 27

Prepared statement .......................................................................................... 29

Pascrell, Jr., Hon. Bill, U.S. Representative from New Jersey ............................ 10

Prepared statement .......................................................................................... 12

Shields, Billy, Vice President, Professional Fire Fighters of Arizona ................. 31

Prepared statement .......................................................................................... 33

Weldon, Hon. Curt, U.S. Representative from Pennsylvania .............................. 15

Whitworth, James H., Chief, Miami Township Fire & Emergency Medical 

Service, Clermont County .................................................................................... 37

Prepared statement .......................................................................................... 39

APPENDIX

DiPoli, Robert A., Chief, Needham Fire Department, Needham, Massachusetts, prepared statement .................................................................................... 66

Response to written questions submitted by Hon. John McCain to: 

Chief Luther L. Fincher, Jr. ............................................................................ 57

E. James Monihan ............................................................................................ 58

Billy Shields ...................................................................................................... 61

Chief James Whitworth ................................................................................... 63

The Proof Is In—Thermal Imagers Save Lives! .................................................... 67

(1)

S. 1941, A BILL TO AMEND THE FEDERAL 

FIRE PREVENTION AND CONTROL ACT OF 

1974

TUESDAY, JULY 25, 2000

U.S. SENATE, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, 

Washington, DC. 

The Committee met, pursuant to notice, at 9:30 a.m. in room SR–

253, Russell Senate Office Building, Hon. John McCain, Chairman 

of the Committee, presiding. 

Staff members assigned to this hearing: Robert Taylor, Republican Counsel; Jean Toal Eisen, Democratic Professional Staff 

Member. 

OPENING STATEMENT OF HON. JOHN MCCAIN,

U.S. SENATOR FROM ARIZONA 

The CHAIRMAN. All right. We will begin, since it is 9:30. This 

morning the Committee will hear testimony regarding S. 1941, the 

Firefighter Investment and Response Enhancement Act. I welcome 

my colleagues and look forward to their testimony, as well as the 

testimony from the members of the fire and emergency services. 

I also want to thank Senators DeWine and Dodd, and House 

Members, including Congressman Pascrell here, for their efforts on 

this matter. 

The fire and emergency services are central to the protection of 

life and property in our Nation. They are often the first to arrive 

on the scene of any emergency, and inevitably some are called upon 

to make the ultimate sacrifice in the performance of their duties. 

As Chairman of this Committee and Cochairman of the Congressional Fire Service Caucus, I am committed to understanding and 

effectively responding to the needs of the fire and emergency services. In recent years, I have worked with the national fire organizations to ensure that valuable spectrum is available for use by the 

fire and emergency services, and fought to ensure that vehicles carrying dangerous chemicals are properly marked. I believe Government must take appropriate action to protect members of the fire 

and emergency services from injury and ensure that they have the 

capability to perform their duties. As it is currently drafted, the FIRE act would create a $5 billion 

grant program administered by FEMA. The grants could be used 

for a variety of activities, including hiring personnel, training, 

wellness and fitness programs, purchasing equipment, and to modify fire stations. 

2

Due to the traditional responsibility of State and local governments for funding fire and emergency services programs and equipment, legitimate issues exist about the creation of a Federal grant 

program to fund local fire services. For example, are State governments unable to meet funding needs for the fire services? It is my 

understanding that collectively since fiscal year 1998 State governments have reported surpluses of $35 and $27 billion respectively 

for each year. Have the members of the fire services sought to use 

these funds and, if so, what was the response? How do we target 

the funds to ensure that they are directed to the neediest departments? Finally, what are the true needs of the fire services? Has 

a study been done to determine the unmet needs of the fire service? 

I am hopeful the witnesses will be able to answer some of these 

questions. I look forward to hearing your testimony. 

Senator Hollings. 

STATEMENT OF HON. ERNEST F. HOLLINGS,

U.S. SENATOR FROM SOUTH CAROLINA 

Senator HOLLINGS. Thank you very much, Mr. Chairman, for 

calling this hearing. The United States has the worst fire record of 

any industrialized nation. According to a survey of nearly 1,400 

professional fire departments, 77 percent of the fire departments 

operate with inadequate staff, 43 percent lack the necessary gear, 

70 percent of the fire departments do not have adequate maintenance for their gear, 66 percent need better communications, and 

66 percent lack training. 

Last August I was unfortunately subject to these very statistics. 

I had to wait one hour for my house to catch fire. It started down 

the street three doors, and across the street, and the equipment 

came but the manpower did not. The manpower was inadequate in 

the sense that they did not get downwind, just upwind, and they 

went from one house to the other house to the next house. 

Mine was the fourth one across the street to catch and had it not 

been for the city fire department coming some 17 miles through the 

City of Charleston, Mount Pleasant, and Isle of Palms, it would 

have burned the beach front down. 

What happens is that rural areas develop into urban areas, and 

the urban strategy is to overwhelm. I know in the city itself, even 

if an automobile catches fire they send no less than 10 to 12 firefighters to overwhelm it. They cannot afford for the fire to spread, 

so overwhelming them is the first order of business, to make certain. 

I understand that Senator Dodd is with us today. I commend the 

Senator from Connecticut on his leadership on this particular 

score, because these grants are needed all over the country. 

Thank you, Mr. Chairman. 

[The prepared statement of Senator Hollings follows:]

PREPARED STATEMENT OF HON. ERNEST F. HOLLINGS,

U.S. SENATOR FROM SOUTH CAROLINA

Good morning. I want to thank Senator McCain for holding this hearing on the 

FIRE Act, S. 1941. I, along with 31 other Senators, am a co-sponsor of this bill 

which was introduced by Senators Dodd and DeWine on November 17, 1999. 

The United States currently has one of the worst fire records of any country in 

the industrial world. More than 2 million fires are reported in the United States 

3

every year. These fires annually result in approximately 4,000 deaths, 24,000 civilian injuries, more than $8 billion in direct property losses, and more than $50 billion in costs to taxpayers. 

In addition, the fire service—80% of whom are volunteers—is stretching to meet 

its new challenges. As first responders, firefighters now can be faced not only with 

fires but also with medical emergencies, hazardous spills, and even acts of terrorism. 

These numbers are not just statistics to me, for I know how tragic a fire hazard 

can be. As many of you know, I lost my home in Charleston, South Carolina, last 

year to fire. A lifetime of memories went up in smoke. I cannot help thinking that 

if the local fire departments had more support of resources, some of that loss may 

have been prevented. Moreover, if a program such as the one proposed by the Fire 

Act were in place, the Isle of Palms Fire Department they have had more efficient 

fire trucks, more well-trained personnel, and better communications. 

But while my loss was personally devastating, I know it is nothing compared to 

the losses of the families involved in that great fire in Worcester, Massachusetts last 

year, where six firefighters died in the line of duty. 

I am glad to have our other distinguished witnesses here today to tell why this Act is so important. S. 1941 would authorize $1 billion annually through fiscal year 

2005 for the Federal Emergency Management Agency to make competitive grants 

to fire departments for a variety of improvements including safety equipment, training, and fire prevention. 

This is an extremely important matter for the Commerce Committee to examine. 

Thank you again, Mr. Chairman, for holding this hearing today. I hope that we will 

be able to send this legislation to the full Senate before the end of the session.

The CHAIRMAN. Thank you, sir. I would like to thank the Senator 

from Connecticut and the Senator from Ohio—— Senator HOLLINGS. From Ohio, too. Excuse me. 

The CHAIRMAN. Senator DeWine, I understand you have another 

hearing right as we speak. Senator Dodd has graciously—— Senator DEWINE. No, Mr. Chairman, I am going to defer to my 

senior colleague here. 

Senator HOLLINGS. Let me thank Congressman Pascrell also. 

The CHAIRMAN. I will let you decide who wants to start. 

STATEMENT OF HON. CHRISTOPHER J. DODD,

U.S. SENATOR FROM CONNECTICUT 

Senator DODD. Briefly, Mr. Chairman, we thank you immensely 

for the hearing this morning, and I am pleased to be joined in this 

effort with Mike DeWine of Ohio and with our House colleagues, 

Bill Pascrell and Curt Weldon. 

Actually, you are going to hear from Congressman Pascrell in a 

minute and Curt Weldon. I do not know if Curt is coming over or 

not. He said he would be here, but the Congressman is a former 

mayor of Paterson, New Jersey, and can speak very first-hand 

about the difficulties of local communities, obviously, and raising 

the resources today to have the capacity to respond to the kinds of 

tragedies we see occur every single day across our country. 

As we are sitting here this morning—obviously different circumstances, but we are looking at Colorado, a massive blaze, one 

of maybe the 10 worst fires in the history of the country, according 

to firefighters out there. Las Vegas hotels, where people come from 

all over the country, certain places there, it is becoming—toxic sites 

and wastes that—tragedies, accidents that occur on the interstate 

highways of our country, the first vehicles to respond almost invariably are fire departments, or emergency medical services, so it 

is a changing situation. 

If we are kind of caught in a way of sort of thinking about fire 

departments as the old hook-and-ladder company of almost a cenVerDate Apr 24 2002 10:39 May 20, 2003 Jkt 083607 PO 00000 Frm 00007 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\83607.TXT SCOM1 PsN: CAROLT
4

tury ago, even the earliest part of this century, I think we can end 

up with one sort of set of conclusions. If you begin to see this today 

with the kinds of problems—with the World Trade Center situation, the first vehicles there to respond were fire vehicles, to respond to that situation, again, an incident that has international 

ramifications, so beyond the kind of local problems here this issue 

has taken on much broader questions than historically is the case. 

In the case of Curt Weldon you will hear from someone who was 

a firefighter himself, and so can speak very personally about this 

issue. 

Well, there are roughly a million men and women every single 

day who put on the equipment of firefighters across the United 

States, and who put their lives on the line to protect each and 

every one of us and our property, our valuables. More than 100 of 

these million people lose their lives every single year, a husband 

or wife, extraordinary role models. 

We only recall vividly just a few months ago in Worcester, Massachusetts, where six firefighters lost their lives in that blaze, and 

there you had a department, by the way, that came not just from 

Massachusetts but from Connecticut, Rhode Island and other 

places, responding to that, again an example of how people responding—it is a local issue, but people came from across State 

lines to respond to these problems. 

My job today, I would say to you, Mr. Chairman, is to try and 

not to describe what others can do a much better job of, and that 

is talking personally about their problems as the mayor, firefighters, and of course you will hear from our witnesses who very 

directly every day deal with these issues, but I want to try and 

briefly talk about this bill, explain to the Committee what I believe 

are the imperatives for a Federal role here, not a dominant role, 

not the only role, but a partnership role with local and State Governments. 

America’s fire service, nearly our entire emergency response system has truly grown from the grassroots up. Local needs and local 

resources have driven the developments of fire departments since 

Benjamin Franklin set up the first fire department, organized the 

department of Philadelphia in the late 1730’s. 

This history of local control has brought with it certain strengths 

and certain weaknesses. On the one hand, local needs are extremely well-understood, obviously. Our local firefighters know 

what their immediate communities need, and they know how to 

meet those needs as the emergency medical services do as well. 

On the other hand, local departments are not necessarily wellequipped to address essentially nonlocal problems, like interstate 

highway accidents, airplane crashes, or acts of terrorism. Many 

local governments do not have the financial resources they need to 

meet all of the nonlocal challenges they now face as new demands 

are made of local fire departments. The gaps between what we expect from firefighters and the resources we are providing them is 

getting wider and wider, and the case of our colleague from South 

Carolina makes that case in his own personal situation. 

The high cost of modern equipment and increased training demands make it impossible to continue to rely 100 percent on local 

5

financing. This is especially true in small towns and poorer jurisdictions, poor neighborhoods of our larger cities. 

Local firefighters are dealing with a much broader range of 

issues than ever before, and many of the new challenges they face 

have been imposed on them by the Federal Government. Every 

town that has an interstate highway running through it must be 

prepared for an accident involving hazardous materials, or has to 

be as ready as it can be to deal with the multicar pile-ups. 

That is true for large cities and even large towns with volunteer 

fire departments, and small annual budgets. Every city that boasts 

a Federal office building or Federal courthouse or a military armory or barracks has got to be prepared to respond to an act of terrorism. 

Firefighting is not just about dousing flames, it is about being on 

the ground and being able to respond to whatever catastrophe may 

occur, and that state of preparedness is one that serves all of us, 

not just the local populations. 

It is time for us to establish a sound basis for building a solid 

working relationship between the Federal Government and local 

firefighters, a relationship that recognizes that local officials are in 

the best position to identify and address local conditions, but a relationship that also recognizes that all Americans, wherever they 

may live, deserve a reliable emergency response system. 

Departments are deferring new purchases, training, and even 

new hires. Many departments simply cannot buy new equipment or 

hire new firefighters to replace those who have been injured or 

have retired. Obviously, a lack of equipment, coupled with decreased manpower, places both firefighters and the public in great 

danger. In 1998 alone, 44,000 firefighters were injured on the job, 

many because they did not have the right equipment. 

In fact, in Worcester, that tragedy, some of the modern equipment that would have been available to determine the intensity of 

the heat inside that inferno might have, in fact, saved those lives, 

just that kind of basic equipment, but it is expensive equipment, 

I might point out. 

I know that there is a concern about the cost of this bill. The 

Chairman has made that point, and I respect that immensely, and 

I agree that we cannot ignore the budgetary limitations, obviously, 

on the Federal Government, but we also cannot use the Federal 

deficit, in my view, as an excuse for being blind to the obvious and 

pressing needs of America’s fire service. 

I also believe that it is not enough for us to say that the State 

government should pick up the slack. Not every State is running 

budget surpluses. In fact, we may have noticed that just in the last 

week a certain large State in the Southwest was reported to be in 

deficit, and if we believe that domestic security is important, and 

we believe that every American deserves to be safe in his or her 

home and on the highways, then our level of security should not 

depend on the budgetary status of the city or State where she lives, 

or she may happen to be traveling through. 

I come from a State with a very long tradition of local control. 

The New England town meeting is in many ways the absolute epitome, the archetype of local self-determination, as you see throughout our six New England States. Connecticut does not have a 

6

strong county system. Instead, we have 169 cities and towns, no 

county government, that are fairly autonomous, with their own 

budgets and direct relationships, responsibilities of providing a 

wide range of services, including firefighting and emergency medical services. 

If anybody understands the virtue of local participation solving 

local problems, it is the people of the New England States, so when 

I talk about a new Federal partnership, it is that history and that 

tradition and the experience of Connecticut’s towns that guides me. 

Back in November, when Senator DeWine and I introduced the 

Senate version of the Firefighter Investment Response Enhancement Act, we did so because we recognize that local communities 

and their firefighters are struggling to make ends meet. This bill 

would authorize FEMA to make grants to local fire departments to 

buy the equipment they need and to hire new firefighters to eliminate dangerous understaffing. 

At its core, the bill recognizes that firefighters cannot do their job 

safely if they do not have the men and equipment they need. Mr. 

Chairman, we do not ask members of our Armed Forces to go into 

battle without the right equipment. It would be most egregious for 

us to ask firefighters to battle fires or hazardous materials or bomb 

debris without the proper tools and training that exist today, and 

that are available, but are very, very costly, and we should not ask 

them to do it with local tax dollars when the benefits accrue to the 

Nation as a whole, exclusively. 

The fire bill authorizes the Federal Government to provide up to $1 billion a year to support local departments. Local fire departments will write proposals to address local needs. FEMA will 

evaluate each proposal and provide funding. 

If every fire department in the country made a request it would be about $32,000 per department. Now, obviously, we know that $5 

billion bill is a target. It has been pared back significantly. There 

is $100 million. We are talking about an appropriation process 

today, so we are talking about a much smaller beginning here to 

try and provide some assistance to these departments. 

$1 billion, as I said, is a lot of money. There are about 31,000 

local fire departments in the country, and $32,000 to a department 

is not exactly going to wipe out this problem, but it could begin to 

develop that partnership that I talked about. 

Let me conclude with one last thought, if I can. We lose almost 

$9 billion annually because of fire-related property damage in this 

country, and worse, more than 4,000 Americans die in fires every 

year. Our fire death rate is second highest in the developed world, 

as Senator Hollings has pointed out. 660 American children die in 

fires every year. 

All of these statistics are particularly tragic because the U.S. 

leads the world in developing technologies that can reduce these 

losses. There is a widening gap between what we are technically 

capable of doing and what our local firefighters can afford to do. 

Businesses are losing property and people are dying not because 

we do not know how to reduce these losses, but because local jurisdictions have had their resources stretched to the limits in many, 

many cases. We cannot eliminate all the dangers that confront firefighters or the public, but we can help to ensure that firefighters 

7

have up-to-date, safe, and reliable equipment. We have an obligation, I think, to try and do so, to be a better partner in this common struggle and battle. 

With that, Mr. Chairman, I thank you. 

The CHAIRMAN. Thank you. 

Senator DeWine. 

STATEMENT OF HON. MIKE DEWINE,

U.S. SENATOR FROM OHIO 

Senator DEWINE. Mr. Chairman, thank you very much. I appreciate very much you and Senator Hollings holding this hearing, 

and I appreciate my colleagues being here to talk about the bill 

that we have introduced. 

Mr. Chairman, I do have a written statement which I would like 

to make available to the chair as part of the record. 

The CHAIRMAN. Without objection. 

Senator DEWINE. I would like to take the time that I have, Mr. 

Chairman, to try to address some of the concerns, and I think they 

are very legitimate concerns, that you expressed in your opening 

statement. 

I do not know that there is anything that is more grassroots in 

America than our fire departments. My home state of Ohio probably is a pretty good example. We have numerous fire departments. 

They are at the township level many times, they are at the city 

level, they are at the village level. 

It is grassroots, and it is grassroots also in the sense that a great 

number of our firemen and firewomen are volunteers. This is a 

great bargain that the taxpayers have received throughout my entire lifetime, and I am sure much before that. You can see the 

number of volunteers who go out every day and make a difference. 

I have seen it in my own family. My wife’s uncle and her cousins 

have been actively involved as volunteer firemen for many, many 

years, and I see the tremendous amount of time and effort that 

they put into this. 

Mr. Chairman, my point, though, is that while the system works, 

it is at the local level, it is the most grassroots thing probably we 

have in government today, but the sad reality is that because it is 

grassroots, the disparity in funding is probably the greatest than 

in anything that we do. It is probably even more disparity than 

sometimes we see in our school districts. 

When you look at the different fire districts, when you look at 

the different townships and the way it is administered across this 

country, there is tremendous disparity in funding. This is one place 

I think the Federal Government can play a limited role, and the 

limited role, as my colleague Senator Dodd has said, is not to supplant, or not to in any way change that great grassroots system 

that we have, but rather to build upon that system and to try to 

use these finite federal dollars to make a fundamental difference. 

Again, the disparity I think is very bad, and because of that great 

disparity we end up losing a lot of lives. 

One of the things that I am proudest of about this bill is that 

we set aside—while we give the local departments tremendous 

flexibility—this is a very, very flexible bill, because all three of us 

believe in what happens at the local level and the ability of people 

8

to make their own decisions, but one thing that we do in this bill 

that sets some direction is to say that a percentage of the money, 

10 percent of the money has to be set aside for prevention. 

When we look at the number of lives that are lost every year in 

fires, what is so disturbing is, as Senator Dodd has said, these are 

preventable. At least 90 percent of them are preventable. Fire is responsible for killing more Americans than all natural disasters in 

this country combined. Every 18 seconds a fire department responds to a fire somewhere in the United States. 

In 1998, there were over 4,000 civilian nonfirefighter fire deaths, 

and that amounts to a civilian fire death every 130 minutes. Many 

of these deaths are children. As both of my colleagues know, my 

focus, my work in the U.S. Senate has been on children, and I 

know we have all had this experience. I had it several weeks ago 

in Ohio. I pick up a paper and read about more fire deaths. Usually 

they are residential, and usually they are children. 

These are very preventable, and our fire departments have a 

great capability, if we could give them more resources, to go out 

into the community and help with fire detectors, help with education, help with training to literally penetrate the neighborhoods 

where these deaths are occurring. 

In 1996, which is the last year that I have statistics for, nearly 

800 children ages 14 and under died in residential fires. More than 

60 percent of these children were ages 4 and under. That is who 

is dying. In addition, each year fires in the home injure nearly 

47,000 children ages 14 and under. 

So this is a limited bill, it is a targeted bill, it is a bill that I 

think would fundamentally make a difference and will save lives. 

It is also a bill, Mr. Chairman, that will pale in comparison with 

what we have done in the other area of law enforcement, and that 

is with our police. 

Beginning back in the 1960’s this Government, the Federal Government, has invested a tremendous amount of money in what we 

do with police. We are not suggesting that we replicate that, but 

what we are suggesting is that this relatively modest amount of 

money will make a fundamental difference in what happens. 

My colleague, Senator Dodd, has mentioned maybe some of the 

other justifications for the Federal Government playing a role. Terrorism, Mr. Chairman, Senator Hollings, is going to be more and 

more on our mind, and the thing I think that we need to keep in 

mind is that no matter how well the so-called experts are who will 

actually come in to deal with terrorism, or to come in to deal with 

a toxic spill, or come in to deal with some weapon of mass destruction that is inflicted on American citizens in one area, what we 

have to understand is, the first people to respond are going to be 

the same people that go to your house or go to my house, or the 

first people that respond on the highway when something happens. 

That is going to be the local fire department, and so they have 

to have this additional training, and you are seeing fire departments across this country expending a tremendous amount of 

money in additional training for terrorism and other, what I would 

call national issues, whether it is terrorism, whether it is toxic 

spills. These are things we want to deal with as a country, and so 

9

clearly we have a Federal problem that our local jurisdictions are 

being asked already to bear a very heavy burden in expenses. 

So let me just conclude, Mr. Chairman, Senator Hollings, by 

thanking you for your interest in this. Thank you for holding the 

hearing. It is, as we say, only an authorization. It will allow us to 

move forward and to fight the battle out, frankly with the appropriators, and to determine how much money in any given year might 

be appropriate. 

But I think this bill sets a very good framework for which any 

money could be poured into, and I think it would fundamentally 

make a difference, it will save lives, it will save children’s lives, 

and it is clearly the right thing to do. 

I appreciate your time. 

[The prepared statement of Senator DeWine follows:]

PREPARED STATEMENT OF HON. MIKE DEWINE, U.S. SENATOR FROM OHIO

Thank you Chairman McCain and Ranking Member Hollings for holding this important hearing today to discuss the need for adequate resources for America’s firefighters. I am pleased to be testifying alongside my friends and colleagues, Senator 

Dodd from Connecticut and Congressman Pascrell from New Jersey, who have been 

the key advocates on the issue of fire safety. I am also anxious to hear from the 

firefighters who are here today, as they will give us the most valuable perspective 

on the need for fire prevention education and safety training. 

As you know, we are here to talk about an issue that affects all of us. That issue 

is fire prevention, safety, and the necessity—the absolute necessity—of providing 

our firefighters with the resources they need to help prevent fires, the tools necessary to fight fires, and the funds for fire prevention education programs for the 

public. 

I cannot overstate just how important fire fighting and prevention education are 

to our families. Overall, fire is responsible for killing more Americans than all natural disasters combined! Do you realize that every 18 seconds, a fire department responds to a fire somewhere in the United States? In 1998, there were 4,035 civilian 

(non-firefighters) fire deaths—that amounts to a civilian fire death every 130 minutes! Sadly, many of those who die each year in fires are children. In 1996, for example, nearly 800 children ages 14 and under died in residential fires. More than 

60 percent of these children were ages 4 and under. In addition, each year, fires 

in the home injure nearly 47,000 children ages 14 and under. 

Despite these tragic statistics, the federal government has not made funding for 

firefighting a high enough priority. Last year, the federal government spent just $32 

million on fire prevention and training for the Fire Services Administration. While 

there are other sources of federal funding, the total amount of federal dollars for 

firefighting pales in comparison to what Washington spends annually on law enforcement initiatives. 

To address the clear inequity between these two vital public safety entities, Senator Dodd and I introduced the Firefighter Investment and Response Enhancement 

Act (FIRE), while Congressman Pascrell has introduced a similar measure in the 

House of Representatives. Although additional bills have been introduced in both 

the House and Senate to address the federal funding gap, I believe our Firefighter 

Investment bill offers our fire departments the most flexibility to fund their local 

communities’ needs. 

Our FIRE bill is simple. It would authorize $5 billion over the next five years in 

grants to local fire departments. Any fire department is eligible for these grants. In 

addition to prevention programs, the grants can be used for training, equipment, or 

the hiring of more firefighters. 

Also, the grant money could be used for the purchase of equipment, like thermalimaging cameras. These cameras are lifesaving devices used to locate firefighters 

and others trapped in burning buildings. These new high-tech cameras can pick up 

heat sources through thick smoke, walls, doors, and behind furniture to help locate 

and rescue those who have become lost and disoriented in burning buildings. 

In Monroe, Ohio, near Cincinnati, for example, a thermal imaging camera recently 

helped save the lives of two firefighters, Scott Clasgens and Andrew Turner, who 

were trapped in a building, unable to locate an escape route through the thick black 

smoke of the fire. Through a fund-raising drive spear-headed by local residents, the 

10

Monroe Fire Department received a $15,000 thermal-imaging camera. Using the 

camera, firefighters/paramedics, John King and Jamie Verdin, found the missing 

firefighters. The equipment saved their lives. 

We need to remember, though, that our number one priority should be stopping 

fires before they ever happen. Effective education efforts are the first steps in fire 

prevention. That is why our Senate version of the FIRE bill has a specific provision 

requiring that at least $500 million go toward fire prevention education programs. 

I am going to work very hard to see to it that the Senate passes our Firefighter 

Investment legislation. It is vital that we do everything possible to see to it that 

the federal government increases its commitment to the men and women who make 

up our local fire departments. Thank you again for holding this important hearing 

and for allowing me to testify.

The CHAIRMAN. I thank you, Senator DeWine. I thank both of 

our Senate colleagues for their commitment to the people of America and those valiant men and women who go out and risk their 

lives on a daily basis. 

Congressman Pascrell, I am sorry about the longwindedness of 

my colleague. It is a problem we have here in the Senate, and I 

appreciate your patience. Please proceed. We are glad to have you. 

STATEMENT OF HON. BILL PASCRELL, JR.,

U.S. REPRESENTATIVE FROM NEW JERSEY 

Mr. PASCRELL. Two good men, Senator. Two good men. 

The CHAIRMAN. Thank you, sir. 

Mr. PASCRELL. Thank you, Chairman McCain and Senator Hollings for holding the hearing. 

I am proud to be the sponsor of the FIRE act in the House of 

Representatives, and I would also like to thank and recognize Senators Dodd and DeWine for the hard work that they have done on 

this subject. It is the neglected part of the public safety equation 

that we are addressing here, and we are addressing it to the degree 

that we believe the need exists, so I want to thank them both for 

their great testimony. 

I want to state at the outset, Mr. Chairman, that this is solid legislation which recognizes the value of and the need of our Nation’s 

firefighters by committing federal funding and resources to the 

brave men and women that serve our communities. To date, the 

FIRE act has been endorsed by 7 major fire service organizations 

in this Nation. We have 276 bipartisan cosponsors in the House, 

and in the Senate, S. 1941, 33 bipartisan cosponsors, 10 of whom 

are members of this Committee. 

The administration has written to me expressing their support in 

writing. I am very encouraged that Members support this legislation for its merits, and have refused to make this a political or partisan issue. After all, firefighters do not go into a burning building 

and ask the inhabitants whether they are Democrats or Republicans. 

The legislation provides dollars and grants for hiring personnel, 

purchasing new and modernized equipment, fire prevention education programs, wellness programs for our firefighters, modifying 

outdated fire stations, and more. These grants will go to paid departments as well as part-paid and volunteer emergency medical 

technicians as well. EMT’s have certainly been neglected throughout America. 

I strongly believe that the federal role in the firefighting service 

can and should be increased. Current spending for fire services is 

11

roughly $40 million, which is dreadfully inadequate. The fire side 

of the public safety equation has, as I said, been neglected. 

S. 1941, however, the authorizing level of funding I believe is appropriate. This funding is an investment in safety for our firefighters, and confirmation to our communities that the Federal 

Government will work to provide our fire service personnel with 

the best equipment and resources available. We are talking about 

31,000-plus fire departments that are recognized. Some of them we 

do not even know about, I found out in my research. 

And it sends the dollars directly to the departments. No State 

bureaucracies are involved here. We have battled that out in other 

issues in the Congress of the United States. 

Let me also remind colleagues that the role of firefighters is expanding. There is a different face on firefighting today than there 

was 20 or 30 years ago. Several fire departments in this Nation 

reach across State, county, and city lines to assist each other with 

natural disasters and incidents of domestic terrorism such as in 

Oklahoma City. 

As you know, there are two fire search and rescue units that 

have responded to international disasters on behalf of the United 

States collectively. The Miami Dade Fire and Rescue Department 

and the Fairfax Search and Rescue teams have traveled to several 

countries, including Columbia, Turkey, Mexico City, and Mozambique in order to help with disaster relief. 

Natural and manmade disasters do not discriminate when and 

where they arise, and proudly the firefighters of the United States 

do not discriminate when and where they provide help. The role of 

our firefighters is ever-changing. It is my belief that that role that 

the Federal Government plays during these changes must be commensurate. 

I am certain that many of us here today share a common sadness 

when a firefighter or law enforcement officer is struck down in the 

line of duty, just recently in the Capitol, not too long ago, Officer 

Jacob Chestnut and Detective John Gibson, and we responded to 

that. How sad that was. 

I am all too familiar with the grief that accompanies the loss of 

life in the line of duty. As mayor of Paterson, New Jersey, the third 

largest city in New Jersey, I worked intimately with fire and police 

personnel to protect our city. I was always pleased to take phone 

calls from the men and women that serve Paterson in a law enforcement or firefighting capacity, because they would share uplifting accounts of successful rescues and relate how things were going 

from their perspective with me. 

Unfortunately, I received a phone call 1 day that I was not prepared to take. On a freezing day in February 1991, an entire block 

in my city was engulfed in flame. Despite the weather conditions, 

the flames lasted for a day and a half. The first firefighting unit 

responded to the first alarm, first responders, Senator Dodd and 

DeWine have pointed out time and time again, and many times the 

last to leave. 

The firefighters advanced to the basement of one of the buildings 

in an effort to locate the source of the inferno. The smoke was too 

dense. The firefighters hung on to a rope for safety, and after a 

while they withdrew from the basement by command, for the heat 

12

and smoke were overwhelming. Sadly, John Nicosia, a personal 

friend of mine, both husband and firefighter, became disoriented, 

lost his way in the fire. His body was found 2 days later. 

Mr. Chairman, I will never forget the feeling I had after losing 

that brave fireman. I thought of his family often while working on 

this legislation and this experience serves as my motivation. 

It is time that we stop paying lip service to our firefighters at 

holiday parades without putting our money where our mouth is 

during the rest of the year. We have the opportunity to protect our 

men and women in firefighting service, and the time to act is now. 

I am proud to be among hundreds of colleagues fighting for this 

legislation to be enacted this year so as to ensure that firefighters 

have a fighting chance, and I thank you both for hearing what I 

have to say. 

[The prepared statement of Congressman Pascrell follows:]

PREPARED STATEMENT OF HON. BILL PASCRELL, JR., U.S. REPRESENTATIVE FROM NEW JERSEY

Good morning. I would like to thank Chairman McCain and Senator Hollings for 

holding this hearing today on S. 1941, the Firefighter Investment and Response Enhancement Act (FIRE). 

I am proud to be the sponsor of the FIRE Act in the House of Representatives, 

and I would also like to thank and recognize Senators Dodd and DeWine for their 

leadership in the Senate on this important measure. I thank you both for your kind 

remarks and appreciate your testimonies. 

Mr. Chairman, I would like to state at the outset that this is solid legislation, 

which recognizes the value of and need for our Nation’s firefighters by committing 

federal funding and resources to the brave men and women that serve our communities. 

To date, the FIRE Act has been endorsed by seven major fire service organizations 

in the Nation, and has 276 bipartisan cosponsors in the House and, in the Senate, 

S. 1941 has 33 bipartisan cosponsors, 10 of whom that are on this Committee. The 

Administration has also written to me expressing their support. 

I am very encouraged that Members support this legislation for its merits and 

have refused to make this a political or partisan issue. After all, fire fighters don’t 

go into a burning building and ask the inhabitants whether they are Democrats or 

Republicans. 

This legislation provides $1 billion in grants for hiring personnel, purchasing new 

and modernized equipment, fire prevention and education programs, wellness programs for our firefighters, modifying outdated fire stations, and more. These grants 

will go to paid departments as well as part-paid and volunteer and emergency medical technicians as well. 

I believe that the federal role in the fire fighting service can and should be increased. Current spending for fire services is roughly $40 million, which is dreadfully inadequate. In S. 1941, however, the authorizing level of funding is appropriate. This funding is an investment in safety for our fire fighters and confirmation 

to our communities that the federal government will work to provide our fire service 

personnel with the best equipment and resources available. 

Furthermore, there is no selective assistance in this bill—all 31,000 plus departments are recognized and included. And, it sends the dollars directly to the departments to the communities in need through competitive grants, therefore bypassing 

potential state level red tape. 

I would also like to remind my colleagues that the role of fire fighters is expanding. Several fire departments in this Nation reach across state, county and city lines 

to assist each other with natural disasters and incidents of domestic terrorism (i.e., 

Oklahoma City.) As you know, there are two fire search and rescue units that have 

even responded to international disaster on behalf of the United States. 

Collectively, the Miami Dade Fire Rescue Department and the Fairfax County 

Search and Rescue teams (SAR) have traveled to several countries—including Colombia, Turkey, Mexico City and Mozambique—in order to help with disaster relief. 

Natural and man made disasters do not discriminate when and where they arise; 

proudly, the fire fighters of the United States do not discriminate when or where 

they provide help. 

13

The role of our fire fighters is ever changing, and it is my strong belief that the 

role that the federal government plays during these changes must be commensurate. 

I am certain that many of us here today share a common sadness when a fire 

fighter or law enforcement officer is struck down in the line of duty. In fact, we just 

paid homage yesterday to two fallen heroes of the Capitol Police force, Officer Jacob 

J. Chestnut and Detective John Gibson. 

I am all too familiar with the grief that accompanies the loss of life in the line 

of duty. When I was the Mayor of Paterson, New Jersey, I worked intimately with 

both fire and police personnel to protect our city. I was always pleased to take phone 

calls from the men and women that served Paterson in a law enforcement or fire 

fighting capacity because they would share uplifting accounts of successful rescues 

and relate how things were going from their perspective with me. 

Unfortunately, I received a phone call one day that I was not prepared to take. 

On a freezing day in February 1991, an entire block in the City of Paterson was 

consumed by fire. Despite the weather conditions, the blaze lasted for a day and a 

half. 

The first fire fighting unit responded to the first alarm at 7:30 a.m. The fire fighters advanced to the basement of one of the buildings in an effort to locate the source 

of the inferno. 

The smoke was too dense, and the fire fighters hung onto a rope for safety. After 

a while, they withdrew from the basement by command, for the heat and smoke 

were overwhelming and the fire was raging. Sadly, John Nicosia, both husband and 

fire fighter, became disoriented and lost his way in the fire. His body was found two 

days later. 

Mr. Chairman, I will never forget the feeling I had after losing that brave fireman. I have thought of his family often while working on this legislation, and this 

experience serves as my motivation. 

It is time that we stop paying lip service to our fire fighters at holiday parades 

without putting our money where our mouth is during the rest of the year. 

We have the opportunity to protect our men and women in fire fighting service, 

and the time to act is now. I am proud to be among hundreds of colleagues fighting 

for this legislation to be enacted this year, so as to ensure that fire fighters have 

a fighting chance. 

Thank you, Mr. Chairman.

The CHAIRMAN. Thank you very much, and I thank our colleagues for joining us today on this very important issue. I know 

you have to go. Senator Hollings would like to make a comment. 

Senator HOLLINGS. Yes. Congressman Pascrell and each of my 

colleagues, you learn something after years. I got annoyed at the 

statement made by a senior judge years ago in my own home state 

who said that the public got way better government than what 

they paid for. I said, that was a rather arrogant statement, but I 

have learned over the years that this is true. 

Specifically, the chairman of President Reagan’s Federalism 

Committee, which studied the competence of personnel at the federal level, was Mr. Singh of Signal Corporation. I had lunch with 

him up in Nashua, New Hampshire, one day, and he said maybe 

about the Secretaries and the Assistant Secretaries there could be 

some misgivings. But down at the regular rated federal personnel, 

he said in the private sector they would pay them at least two 

times what they make working for the government, probably three 

and four times the amount for the work they do. 

Now, firefighting, like law enforcement, like the guards at the 

penitentiary, and teaching, all of these public service jobs emanated from the Depression. In the early days, in the forties, when 

I ran one little village, the fight there was not about education or 

fire or taxes or anything else. If you got elected, you could hire the 

teachers, and the teachers did not have to have any qualifications. 

Heavens above, now we all talk about training. In my day coming along, nobody at the fire department had any training. It just 

14

was not contemplated that they would, and they have been getting 

along with, even today, volunteer firefighting. 

I arrived in Washington in 1966. In 1968, during the assassination of Martin Luther King and Robert Kennedy, they would pull 

the box here in the District, and then when the fire engine came 

they would shoot the firemen. I found that if you get killed in the 

line of duty at the FBI, you had a $50,000 death benefit, but there 

was nothing for the firemen, so I corrected that. I think it is now 

maybe up to $100,000 or something, but I know we put it in for 

the federal firefighters. We put in the school out at Marjorie Webster. 

But in my own personal experience, this thing extends right to 

the insurance companies, and I have been getting on my senior colleague here, Senator Dodd, with Travelers. They have my coverage, 

and they are wonderful, so I am not complaining about Travelers, 

but I am complaining about Travelers losing money. 

If I ran that company I would cancel every policy at the town I 

live in. Why? For the simple reason that I found out the insurance 

companies years ago formulated what they called the Insurance 

Services Corporation over in Atlanta. They ran it for a while. Now 

it is private. They do the rating, and they give the policies out as 

according to the rating. 

So I said, this cannot be rated No. 1 for this town and its size. 

They ought to come over and look at it, because we do not have 

adequate fire protection, and I do not want to get into all the details. A fire engine caught fire. Can you imagine going there to put 

out the fire and then obviously extending the fire? 

So they were totally inadequate. I called the Insurance Services 

Corporation three different times and they said, no, we do not come 

to reevaluate unless the town asks us. Well, the town, the culprit, 

was not going to call, and the insurance companies still have not 

rerated it. I have even talked to my insurance commissioner for the 

State of South Carolina, and he cannot get anything done about it. 

Your bill is highly important, and it makes us begin to pay attention to firefighting. Senator DeWine gives me credibility, because 

they would call this a liberal bill—you know, they make it a fourletter word down where I live, liberal bill. The truth of the matter 

is, you would think at least they could take care of fire protection 

at the local level. 

Well, we thought that about law enforcement, and we found out 

once we got them spoiled at getting good law enforcement, and 

then having to take it over at the local level, that upgraded law enforcement. We had to do that from the federal level. 

In the City of Charleston now the majority of the police department, for example, are college graduates. When I came along, no 

college graduate was on any police department. Those who could 

not get through high school were in law enforcement. Now, to be 

a law enforcement officer you have got to be sophisticated, diplomatic, careful, sensitive, and all of these other things, as well as 

tough, and the same goes with firefighting. 

You just cannot get any podunk off the street and say, come on, 

let us fight the fire. They have got to have training, expertise, and 

everything else. They have got to have cars, and we are lucky we 

are getting by. We get way better fire protection than what the 

15

people are paying for, and your little initiative here will begin to 

upgrade this last tail end of the whip of public service. Everybody 

thought in my day if you could not get a job anywhere, go on down 

to the volunteer fire department. At least they cooked meals down 

there and you would get something to eat. And that is what you 

and I are having to pick up for. 

Through all of this I am trying to emphasize the importance of 

this initiative. It is not just finding some fellas to fight fires—and 

they do vote. I go around to the fire department first. 

[Laughter.] 

Senator HOLLINGS. But it is not just to get the votes, it is really 

to get the proper protection that we are enjoying here at the federal level. Now, we pay them, and they get a benefit and everything else of that kind. 

I apologize, Mr. Chairman, for that side remark, but it has got 

to be emphasized. I have studied firefighting from the word go, and 

these folks are on target. 

The CHAIRMAN. Thank you, Senator Hollings, and all of us I 

think appreciate the incredible loss that you experienced, irreplaceable objects, not only the trauma that your family experienced, but 

your commitment on this issue certainly predates your personal 

tragedy that you experienced. 

I would ask my other three colleagues if they have any response 

to Senator Hollings’ comments before—actually, Weldon is here. 

Senator Dodd and Senator DeWine and Congressman Pascrell, I 

know you have other commitments, and we will send you a copy 

of Congressman Weldon’s remarks. 

Senator DODD. Thank you. 

Senator DEWINE. Thank you, Mr. Chairman. He says he can 

handle you guys alone. 

The CHAIRMAN. There you go. Knowing Congressman Weldon, he 

can handle a lot of us. 

[Laughter.] 

The CHAIRMAN. Thank you. 

STATEMENT OF HON. CURT WELDON,

U.S. REPRESENTATIVE FROM PENNSYLVANIA 

Mr. WELDON. Thank you, Mr. Chairman and Senator Hollings for 

allowing me to join your company, because you have been tireless 

advocates for the men and women of the American fire service. 

Senator McCain, you were one of our original cochairs of the Fire 

Caucus when I started with fire safety issues 12 years ago after 

coming to Congress, and you have been with us for some tough battles, and I could not be here without acknowledging for the record 

what you did to help us in the struggle for the 24 MHz spectrum 

range. You went to the wall for public safety in this country when 

almost everyone else was against you, and because of that effort we 

now have the opportunity to provide additional frequency allocation 

for the men and women of the fire service across the country. 

I would also be remiss if I did not mention it was you who helped 

us deny the agricultural industry an exemption for transporting 

hazardous materials without proper placarding, again a key issue 

for the fire and the EMS community nationwide, so I come here in 

16

tribute to the work that you have done, and ask you to help us as 

we move to another level in this battle. 

As you know, Senator McCain, I would not be in politics were it 

not for the fire service. I was born and raised in a fire service family, became the president and fire chief of my local company, went 

back and got a degree in fire protection, and ran the county training department as a volunteer for 80 fire companies, 2 career and 

78 volunteer companies. 

I am a member of the fire service first. I am a politician and a 

Republican politician second, and as you know from attending our 

dinners and from the work that we have done together, I have been 

convinced that neither party has addressed the concerns of these 

brave heroes. 

As a fellow member on the House side of the Armed Services 

Committee, I share your concerns for our military, and you have 

been a tireless advocate for those issues, and I have applauded you 

for that publicly. In fact, I consider them our international defenders and, like you, I do not want to ever see our military be asked 

to go into harm’s way without proper protection and training, and 

we take every life to the nth degree in terms of protecting them 

with technology, equipment, and so forth. 

Well, today we are talking about our domestic defenders. As the 

corollary to our international defenders, these are the men and 

women who do not just fight fires. As you know, there are 32,000 

departments across the country, 85 percent of which are volunteer. 

Every day of the week, since long before this country was a country, 230-some years ago, when the fire service was born, it has 

been responding to every disaster. 

It is the first responder on fires, tornadoes, earthquakes, floods, 

hazmat incidents, any type of disaster America has. It is not the 

National Guard there first. It is not the Marine Corps teams, it is 

not the FEMA bureaucrat, and it is not the State officials. It is the 

men and women who serve in those 32,000 departments. 

And in fact, we have been giving them more and more responsibility as we see the need to prepare for the consequence management that will come from the potential use of a weapon of mass 

destruction. 

Now, in the history of this country we have seen fit at the federal 

level to help other people respond to disasters like our police. Our 

current federal appropriations are in the neighborhood of $4 billion 

a year. We even pay for half the cost of the police vest for local police to be protected against bullets that might injure or kill them. 

We help them buy police cars, we help them pay for detectives. Unfortunately, the amount of money that we spend on the fire and 

EMS community, in spite of the increased support that they need 

for dealing with weapons of mass destruction or terrorism, is basically nonexistent. 

Now, we have plussed-up money. That money has largely gone 

to the Justice Department for use for training, but the fire service 

again is not directly benefiting from the allocation of those dollars. 

What we are saying is, it is time that we respond to America’s domestic defenders to give them additional resources to continue to 

do what they have been doing. 

17

We do not want to take those volunteers and stop them from volunteering. We want to stop them from having to have chicken dinners and tag days to pay for that $750,000 ladder truck. We want 

them to focus more on training while we assist them with the tools 

they need to continue to volunteer to serve our towns and our counties and our cities, and that is why it is important that we look toward some Federal assistance. 

Now, there is legislation out there to do that. Mr. Pascrell has 

a bill, which I have cosponsored, that will do that. There are other 

bills dealing with hepatitis C, for instance, that Bob Brady has introduced, other bills that have been introduced, but the important 

point is, Senator, that I think we need to have the Federal Government look to provide some support. 

For all these disasters we have suffered we are willing to put billions of dollars to help communities respond to disasters. We are 

willing to put billions of dollars to help the military respond, for 

the equipment they have used, but we have not put a dime onto 

the table to help the firefighters replace the equipment that they 

have used, to help the firefighters recruit new volunteers, to help 

the career fire departments obtain additional capacity in terms of 

their support. It has been the one group that we have neglected. 

And what really offends me is, there is no other group in the 

country, except for police and the military, where each year 100 of 

them are killed. We do not lose 100 teachers, and I am a teacher 

by profession. There are not 100 teachers each year killed teaching 

school. There are not 100 Red Cross volunteers—and I support the 

Red Cross—killed. 

Every year at Emmitsburg we honor over 100 men and women 

who are killed each year in protecting their towns and their cities, 

and yet this group of people, who are largely volunteer, and who 

are killed in the course of their volunteer activities, we have done 

little to nothing in terms of responding to their needs. 

It is time we step up and take care of these people. It is time 

we provide some limited resources. I wish we could take some of 

that money that we give to DOD or the Justice Department and 

earmark it directly for local fire departments, because while some 

of our attempts are well-intentioned, what ends up happening, the 

Federal and the State bureaucracies siphon off that money. They 

get the bucks. They hire more bureaucrats, but the dollars do not 

end up down where they should, and that is down with the local 

fire and EMS departments. We need to change that. 

Now, the second thing I want to acknowledge, Mr. Chairman, is, 

we do not need to create legislation that is hollow. As a member 

of the fire service, what I tell the firefighters all the time is, I do 

not want to pass a bill, come back and have a press conference in 

front of your groups and say, well, aren’t we great, we have passed 

a multibillion bill but no appropriation. That happened with the 

rural volunteer fire protection program. Since I have been in Congress, over a decade, the Congress has, in fact, reauthorized time 

and again the rural fire protection program. We have never fully 

funded that program. 

So the one meager attempt we had to assist firefighters across 

the country has never been fully appropriated by the Congress, and 

so I want to be careful that in my statement to this Committee, 

18

that I am not just for passing authorizing legislation. I want to put 

the money on the table, where the rubber meets the road. 

Now, in the House emergency supplemental bill I offered an 

amendment, which was bipartisan, which only 28 Members opposed, to allocate $100 million for the fire and EMS community 

this year. 

Senator Roth is championing that cause on the Senate side. If we could get your support to move that $100 million, that would be 

real money this year. 

Second to that, and equally important, is the need to create ongoing programs to provide support for the fire and EMS community 

in America, such as the Pascrell bill, and such as other legislation 

that is being proposed by other Members. 

We need to take this group of people seriously. The fire service 

does not want itself federalized. They do not want some big bureaucracy siphoning off money. They simply want to be recognized 

for who they are, the people who are the heart and soul of America, 

the people who are the core of our communities, who do not just 

fight the fires, as I mentioned. 

You go to every town in Arizona, Mr. Chairman, you know, and 

I have been throughout your State, in the local fire departments 

that is where you vote on Election Day. It is where you have the 

July Fourth parades emanate from, the Memorial Day celebrations. 

It is where the Boy Scout and Girl Scout troops meet. In almost 

every town in America, the fire service is the heart of the community. 

When a kid is lost, they call the fire department. When the cat 

is in the tree, they call the fire department. When the cellars need 

to be pumped out, they call the fire department. This group of people, who has the original spirit of America more than any other 

group I can think of, except for perhaps our military, needs to be 

recognized. That recognition should come with a Federal program 

to support their efforts, the needs they have, the training they 

have, and the resources that they need so desperately. 

Thank you. 

The CHAIRMAN. Thank you very much, Congressman Weldon, 

and thank you for your lifelong advocacy for fire safety. 

Just out of curiosity, is it not true that the Fire Safety Caucus 

is the largest in the Congress? 

Mr. WELDON. It is, with your help early on. Actually, one of the 

original cochairs with you was Vice President Al Gore. We have 

been for the last 12 years the largest caucus in the Congress. As 

you know, we meet every year. We honored you last year with our 

highest award because of your advocacy for fire and life safety 

issues, and we value and treasure your leadership. It has been 

untiring. 

You and Senator Bryan, when you both were originally on the 

Committee overseeing the U.S. Fire Administration, fought back 

Republican attempts to zero out that agency, and helped us win the 

battle against our own party to make sure the fire service was 

properly given the support that it needed at that time. 

The CHAIRMAN. Well, I thank you, Congressman Weldon, for your 

kind remarks. The fact is, you were the leader in all of those efforts 

and I appreciate your modesty. The fact is, we know where the 

19

credit goes, and that is to you and Congressman Pascrell, so I want 

to thank you all for being here this morning, and thank you for 

your time. I thank you for your commitment. Thank you very 

much. 

Mr. WELDON. Thank you. 

The CHAIRMAN. Could I ask for the next panel, which is Chief 

Luther Fincher, president of the International Association of Fire 

Chiefs, Mr. James Monihan, former chairman of the National Volunteer Fire Council, Mr. Billy Shields, vice president, Professional 

Fire Fighters of Arizona, and Chief James Whitworth of the Miami 

Township Fire and Emergency Service. Could I thank all of you for 

being here, and we will begin with you, Chief Fincher. 

STATEMENT OF CHIEF LUTHER L. FINCHER, JR., PRESIDENT, 

INTERNATIONAL ASSOCIATION OF FIRE CHIEFS (IAFC) 

Mr. FINCHER. Mr. Chairman and members of the Committee, I 

am Luther Fincher, chairman of the Charlotte, North Carolina Fire 

Department. I am appearing today as president of the International Association of Fire Chiefs. I have three goals today. First, 

I want to ensure that the Committee understands the increasing 

scope and responsibilities of today’s fire service. It does much more 

than put out fires and provide emergency medical care. 

Second, and most importantly, I want to ask you to change your 

view and see the fire service in a new light. The fire service is organized locally so it can respond to individual needs and threats 

within each community. However, local fire services collectively 

carry out one of the most important national missions. They protect 

and defend our Nation’s critical infrastructure, the people, the 

places, and the things that allow our economy, our country, even 

our way of life to function every day. 

Third, I want to ask the Federal Government to assign the fire 

and emergency services the same priority attention that it does to 

the other essential national resources that make this country what 

it is today and will be tomorrow. 

The total of today’s public fire service is estimated at more than 

30,000 fire departments, with approximately 1.1 million members. 

Today’s fire and emergency services have evolved beyond putting 

out fires. They have become an all-hazard risk management organization. Even today’s fires have radically changed. 

While technology has improved firefighter safety, new materials 

and chemicals come to market constantly posing greater threats 

than ever before. As communities expand, urban wildland fires 

threaten more and more populated areas. Then there is the example of joint response with law enforcement to shut down clandestine drug labs containing potential explosive materials. 

In larger communities and many smaller ones, the fire service responds to more calls involving emergency medical care than all 

other types of incidents, often providing the highest level emergency treatment available outside the hospital. This standard of 

care is constantly rising, and posing new challenges. The fire service ambulances transport the majority of patients going to our Nation’s emergency departments. Here, too, the fire service faces numerous risks, ranging from infectious diseases to violent and dangerous patients. 

20

An important mission is our response to a growing number of incidents that require highly specialized rescue skills and equipment. 

The fire service is there when the child is trapped in the well, or 

struggles in swift-moving water. The fire service acts to bring the 

injured construction worker safely to the ground, digs through the 

collapsed trench or building, and enters the confined space of an 

industrial tank when the person cleaning it is overcome and collapses, and the fire service extricates injured persons from automobile accidents on America’s roads and highways every hour of 

every day. 

We deal with all natural disasters. The fire service is there when 

nature strikes as well. We were there with the California earthquakes, when the great Mississippi River flooded, and when Hurricane Andrew and Hugo blew through our communities. The fire 

service was there, too, when Hurricane Floyd devastated my home 

State of North Carolina. 

Terrorism is another role. Natural disasters are not the only unpredictable threat, though. The fire service skills continue to be 

challenged by the terrorist who seeks to destroy the lives of others. 

These skills were put to the test when brave men and women were 

organized within local fire departments to respond to the Federal 

building disaster in Oklahoma City, as FEMA supported urban 

search and rescue teams. 

However, the terrorist threat does not always come from a bomb 

made of fertilizer. Today, it may be a device containing a nuclear, 

biological, or chemical weapon. The fire service has to be ready for 

that, too. Our very freedom is at stake if we cannot respond. 

Our safety is paramount. We do not choose when to respond. We 

must respond every time a call for help is made. It is impossible 

to eliminate all risk from the wide variety of dangers we face. 

Given this challenge, the fire service is obligated to take all reasonable steps to train and equip our personnel so that they can operate as safely as possible. We have to be the solutions to our customers’ problems. 

The fire service is critical to our Nation’s infrastructure. Fire departments are organized within their communities, allowing them 

to adapt to specific local needs and threats. However, what binds 

this Nation’s fire service together into a single resource is our national mission, to protect the human and physical treasures that 

allow the economy to run and this country to thrive. 

For instance, enormous quantities of hazardous materials travel 

the interstates, on railroad tracks, and through the air, and on the 

water every day. Without the Nation’s fire service standing by, our 

citizens would not have the peace of mind to allow this transport 

and commerce to take place. 

Our role in protecting commerce also extends to the buildings 

and workers who carry out the electronic communications and financial business fueling our Nation’s economic growth. The fire 

service must be a high priority. 

Three years ago, the Presidential Commission on Protection of 

the Critical Infrastructure identified the fire service as integral to 

the protection of our Nation’s vital infrastructure. Therefore, it 

must be assigned the same priority given to other essential compoVerDate Apr 24 2002 10:39 May 20, 2003 Jkt 083607 PO 00000 Frm 00024 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\83607.TXT SCOM1 PsN: CAROLT
21

nents that make up the very fabric of our Nation. We are truly 

America’s domestic defenders. 

In closing, a final thought. S. 1941 contains a provision that not 

less than 10 percent of the total funds available will be set aside 

exclusively for fire prevention programs. We respectfully suggest 

that individual fire departments be given the latitude to use Federal grant funds to respond to their own more urgent needs, instead of a blanket Federal directive that may not meet local requirements. In this regard, we support the House version without 

the 10-percent set-aside. 

Mr. Chairman, we thank you for holding this hearing today, and 

I am available to respond to questions. 

[The prepared statement of Mr. Fincher follows:]

PREPARED STATEMENT OF CHIEF LUTHER L. FINCHER, JR., PRESIDENT,

INTERNATIONAL ASSOCIATION OF FIRE CHIEFS (IAFC) 

Mister Chairman, and members of the Committee, I am Luther Fincher, chief of 

the Charlotte, NC Fire Department. I am appearing today as the President of the 

International Association of Fire Chiefs (ICHIEFS). 

The International Association of Fire Chiefs is a professional association comprised of over 12,000 senior fire and emergency officials in all fifty states. ICHIEFS 

provides a variety of services to its members including the representation of America’s fire departments before the federal government. 

Public policy positions are the result of consensus among members as articulated 

by ICHIEFS’ elected Board of Directors. ICHIEFS maintains eight regional divisions 

and six special interest sections, such as the volunteer chief officers and emergency 

medical services sections. In addition, committees are formed to address specific 

issues such as hazardous materials, health and safety, and communications. These 

committees provide a forum for fire chiefs with relevant expertise to formulate national solutions to problems that confront the fire service. 

The organization’s president is elected at-large by the full association membership 

and serves a term of one year. Each of sixteen board members is elected regionally 

or by special interest section. Founded in 1873, ICHIEFS and its 30-member staff 

are headquartered in Fairfax, Virginia. 

We appreciate the opportunity to testify before this Senate Committee on Commerce, Science and Transportation in support of S. 1941, the Firefighter Investment 

and Response Enhancement (FIRE) Act authored by Senators DeWine and Dodd. 

We have previously testified in the House of Representatives in strong support of 

HR 1168, a measure similar to the Senate bill. 

The legislative proposal to establish a federal grant program to benefit the fire 

and emergency services has merit and a basis for federal policy. It is important first, 

however, to understand the mission and scope of America’s fire and emergency services. 

Mission of the Fire Service 

The mission of America’s fire service was clearly spelled out in legislation that 

defined fire fighter activities. It passed in this Congress and was recently enacted 

as Public Law 106–151. Fire fighter is now defined in the Fair Labor Standards Act 

as an employee who: ‘‘. . . is engaged in the prevention, control, and extinguishment 

of fires or response to emergency situations where life, property, or the environment 

is at risk.’’ The activities included are: ‘‘fire fighter, paramedic, emergency medical 

technician, rescue worker, ambulance personnel, or hazardous materials worker.’’

The image of the fire service is most often associated with fire suppression activities. However, fire departments have evolved into multi-hazard risk management 

and emergency response forces. The mission has expanded to include a wide range 

of threats to public health and safety and the fire department is expected to take 

whatever action is necessary in any situation. The fire service has also become increasingly involved in protecting the environment. 

While the specific functions performed by different fire departments vary considerably, the overall fire service mission can be described as encompassing five primary areas:

22

1. Fire Suppression 

2. Emergency Medical and Rescue Services 

3. Hazard Control and Risk Abatement 

4. Fire Prevention and Public Education 

5. Enforcement of Fire and Safety Codes, Laws and Regulations

This broad definition of the fire service mission includes the primary responsibility for emergency response and intervention in situations that have the potential 

to harm persons or property, as well as efforts to manage risks, reduce vulnerability 

to potential threats and prepare for situations that could occur at some time in the 

future.

Fire Suppression—The United States has more fire suppression capability, in terms 

of fire fighters, vehicles and equipment, than any other industrialized nation. The 

United States also has a relatively high rate of fires in comparison with other industrialized nations, which tends to justify the emphasis on fire suppression capability. 

The rate of fires is particularly high in low income areas and older urban areas, 

many of which would be highly susceptible to very large and damaging fires if they 

did not have effective fire fighting forces. The U.S. also has an unacceptably high 

rate of fire fighter injury and death. 

The basic strategy of fire suppression combines rapid response to control fires 

while they are small (offensive strategy), along with the ability to confine and overwhelm any fires that exceed the capabilities of the initial attack (defensive strategy). The great majority of fires are successfully controlled, particularly in urban 

areas where fire departments are generally deployed to respond within 3 to 5 minutes to any fire that occurs—most structure fires do not spread beyond the room 

of origin and few involve more than a single building. The total capability of the 

fire suppression resources that are available in most urban areas can confine or control very large fires. 

The fire suppression capability does not always equal the level of fire risk, particularly in smaller communities and rural areas. The massive ‘‘urban/wildland 

interface’’ fires that often threaten suburban areas and small communities in the 

western states, illustrate that the combination of high winds, low humidity and limited water supplies can overwhelm the capabilities of any fire suppression forces.

Emergency Medical Service—In most cities the fire department responds to more 

medical calls than fires or any other types of incidents. Over the past 20 years there 

has been a major shift by fire departments toward providing emergency medical 

service (EMS), accompanied by very significant advances in the accepted standards 

of emergency medical care. Approximately 60 percent of the emergency medical 

service in the United States is provided by fire department-based organizations. 

This expansion of the mission has resulted in a large increase in the total number 

of emergency responses by fire departments. In some cases the fire suppression and 

emergency medical service functions are fully integrated, with personnel trained 

and equipped to perform both missions, while other fire departments have separate 

EMS or ambulance divisions. 

Where the fire department is not the primary provider of EMS, it is often the 

‘‘first responder’’ agency, working with a separate EMS department or a private ambulance company. A ‘‘first responder’’ is dispatched to situations where a patient’s 

condition requires rapid intervention and a fire suppression unit can reach the patient more quickly than an ambulance. Whether it is the primary provider or a first 

responder agency, the fire suppression force is likely to be a major component of the 

medical response capability for a mass casualty incident, as well as the primary rescue resource.

Rescue—In most areas the fire department is also responsible for conducting rescue 

operations, which range from relatively simple to highly complex and dangerous situations. All fire fighters have at least basic rescue skills and many fire departments 

have rescue companies that are trained and equipped to perform more complicated 

rescue operations. There have been major advances in training, equipment and technical skills related to rescue over the past two decades, which have resulted in the 

development of many specialized technical rescue teams for particular types of incidents. 

The list of rescue specialties includes vehicle extrication, confined space rescue, 

swift water and underwater rescue, urban search and rescue (rescue of victims from 

collapsed structures), high angle rope rescue, mountain rescue and several others. 

Specialized rescue teams are usually developed to deal with the types of incidents 

that are most likely to occur in a particular community or region. In many cases 

the teams are made-up of individual fire fighters who have the advanced training, 

23

while others involve fire suppression companies that have been designated to perform specific technical rescue functions in addition to their regular duties.

Hazard Control, Risk Abatement and Technical Operations—Fire departments are 

generally responsible for the regulation and control of other types of hazards particularly the transportation, storage, handling and use of hazardous materials 

(hazmat). This includes the responsibility for responding to incidents that involve 

spills and releases of hazardous substances, which would also include terrorist incidents that involve explosives, nuclear materials and biological or chemical agents. 

Some fire departments, particularly in major cities, have dedicated hazardous materials units that specialize in performing the technical response functions, while 

others have organized special teams similar to the special rescue teams. Regional 

response teams often involve participants from more than one fire department.

Fire Prevention & Public Education—During the past 20 years there has been a significant decline in the number of fires and in the number of fire deaths and injuries 

in the United States, most of which can be attributed to improvements in fire prevention and public fire safety education. Fire prevention measures decrease the 

level of fire risk by eliminating hazards, requiring safe construction and ensuring 

that systems to detect and control fires are installed and properly maintained. Public education efforts are designed to increase public awareness of hazards and to 

teach safe practices. Public education programs have also become a vehicle to train 

the public in appropriate self-help procedures and to develop community based response capabilities for other types of emergency situations, such as earthquakes and 

hurricanes. 

Because of this success, the Federal Emergency Management Agency asked the 

fire service to join in its Project Impact to help build disaster-resistant communities. 

Just a year ago, ICHIEFS and numerous other fire service organizations formed the 

Project Impact Fire Services Partnership for Disaster Prevention. The goal is to 

broaden the traditional fire prevention role of the fire service to assist the comprehensive effort to build disaster-resistant communities.

Law Enforcement—The fire department is usually responsible for investigating and 

determining the causes of fires, which is the first step in most arson investigations. 

Some fire departments have full responsibility for investigating arson, while others 

work with state fire marshals or with police investigators on criminal cases. Federal 

law enforcement agencies, particularly the Bureau of Alcohol, Tobacco and Firearms 

and the Federal Bureau of Investigation (FBI), have increased their involvement in 

arson cases and expanded their relationships with local fire investigations units in 

recent years. 

In addition to regulating the storage and use of explosives within local jurisdictions, several fire departments are directly involved in investigating bombings and 

some operate the local bomb squads. The fire service is likely to be the first responding agency to terrorist incidents to provide medical treatment, conduct search and 

rescue operations, control fires and deal with explosives, chemical agents and other 

types of hazards. This involvement in terrorist incidents requires a close working 

relationship with investigating agencies to identify, protect and recover evidence. 

Many fire departments also work closely with the Drug Enforcement Administration and other law enforcement agencies in shutting down drug labs that utilize 

dangerous chemicals. Some fire departments have assigned medical personnel to 

train with police SWAT teams and support their operations. 

The application of fire prevention codes, life safety codes and building codes to 

limit the level of fire risk is an additional law enforcement function. The fire service 

is also increasingly involved in the enforcement of environmental protection regulations relating to the storage and use of hazardous materials. 

Fire Department Organization 

The fire service exists in many different forms throughout the United States and 

encompasses a very large number of individuals and organizations. Although it is 

primarily associated with local emergency response organizations, the fire service 

operates at all levels of government as well as the private sector. The total size of 

the public fire service is estimated at over 30,000 fire departments with approximately 1.1 million members. 

All major metropolitan cities in the United States and most cities with more than 

50,000 population are protected by municipal fire departments and career fire fighters. The career fire service is estimated to include about 3,000 fire departments and 

approximately 275,000 full-time paid fire fighters. The largest career fire department has more than 11,000 full time employees (New York City), while the majority 

have fewer than 50 employees. 

24

Volunteer fire departments protect most of the rural areas and smaller communities in the United States, as well as many of the suburban areas surrounding 

large cities. There are estimated to be approximately 27,000 volunteer fire departments and more than 800,000 volunteer fire fighters in the United States. 

Some jurisdictions have what is known as combination fire departments where 

both career and volunteer fire fighters form the fire and emergency response. Two 

examples of combination departments near Washington, DC are Montgomery County, MD and Fairfax County, VA. There are many other examples across the country. 

Most of the fire departments in the United States operate at the local government 

level. However, there are many variations in their organization and structure in different states and regions. Fire department organization structures are often based 

on a combination of history and tradition, as well as state legislation.

Local Government—Most career fire departments are organized as part of a municipal government and supported by local tax revenues. The Fire Chief usually reports 

directly to the Mayor or City Manager or to an appointed Public Safety Director or 

Commissioner. While most towns and cities operate their own fire departments, others have joined with neighboring communities to operate unified fire departments 

and some obtain services from a neighboring community or from a county or regional fire department. 

Fire districts are separate governmental bodies that are organized specifically to 

collect and appropriate tax revenues for the limited purpose of providing fire department services. Most fire districts are established by counties to protect unincorporated areas and they often have their own elected fire commissioners or appointed 

governing bodies. Incorporated communities sometimes contract with fire districts 

to serve their areas or delegate a portion of their local taxing authority to a fire 

district to obtain their services. Fire districts also have the option of contracting 

with another provider, such as a nearby town or city, instead of operating their own 

fire department to deliver the service. 

The relationships between volunteer fire departments and local governments are 

much more variable, particularly from state to state. Volunteer fire departments are 

often established as independent non-profit corporations and many are supported by 

non-tax revenues, including a wide range of fund raising activities. In other cases 

they are supported by fire district taxes or direct appropriations from counties or 

municipalities. 

In some states volunteer fire departments are established by state charter and are 

independent of any local government authorities. While there may be no direct 

structured relationship between the volunteer organization and the local government, there is usually some form of official authorization or delegation of responsibility to the volunteer fire department to provide emergency services to the community. These relationships are often based on local history and regional traditions. 

Volunteer fire chiefs and officers are often elected by the members of their departments, although their authority to act as public safety officials is generally established through state legislation or through official appointment by the local governmental body. In many cases an elected volunteer fire chief has the same legal authority and responsibilities as a fire chief who is appointed by the chief executive 

of a city, town or county, although this varies considerably with state and local laws.

Other Public Fire Departments—The federal government, many state governments 

and other quasi-governmental bodies, such as airport authorities and port authorities, also operate fire departments. Some of these fire departments are highly specialized, such as airport fire departments, while others are very similar to local fire 

departments. The on-site fire departments often have reciprocal mutual aid relationships with surrounding fire departments and some routinely respond to calls in the 

immediate area around their facilities. 

Each of the armed forces operates its own network of fire departments to protect 

their larger bases and facilities. Several other federal agencies operate fire departments to protect their large and high risk facilities, particularly where the risks exceed the capabilities of the local fire service. Local fire departments often provide 

protection for federally owned and operated properties within their geographic 

areas, including many smaller military installations.

Private Fire Protection—There are a few private companies that provide fire department services as contractors to municipalities or fire districts. Where there is no 

public fire protection, some of these companies offer their services to individual 

property owners on a subscription basis. The relationship of these private fire departments with surrounding public fire departments is often limited.

Industrial Fire Departments—Many large industrial facilities operate their own fire 

departments or fire brigades, particularly large installations that involve excepVerDate Apr 24 2002 10:39 May 20, 2003 Jkt 083607 PO 00000 Frm 00028 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\83607.TXT SCOM1 PsN: CAROLT
25

tional risks or have special requirements. These on-site fire departments protect 

many strategically significant facilities, such as nuclear power stations, oil refineries 

and chemical plants that require very specialized capabilities. The on-site fire departments may have to be self-sufficient, particularly where the location is geographically isolated or the risks are beyond the capabilities of conventional fire departments. In a few areas, where there are many facilities with their own fire departments, they have established extensive mutual aid arrangements with each 

other, similar to mutual aid agreements among public fire departments. 

When the facility is located within a jurisdiction that has a public fire department, the operations of the industrial fire department are usually subject to the 

command authority of the local fire chief, who has the legal responsibility to ensure 

that public safety is the first priority. In addition to providing the expertise and specialized equipment that may be essential for an on-site emergency, these organizations can often be a valuable resource to the public fire service—some participate 

in mutual aid networks as specialized resources and respond outside their facilities 

to assist public fire departments. 

This fairly describes the mission of the fire service. It is apparent that the fire 

service is multifaceted and, indeed, an all-risk emergency response service. 

Federal Government Relationships 

Operational—The federal government has a major role in relation to emergency 

management and disaster planning, as well as the response to and recovery from 

declared disasters. The Federal Emergency Management Agency (FEMA) manages 

the disaster assistance programs that support and assist state and local jurisdictions when a federal disaster is declared. When this occurs a strong temporary relationship is often established with the local fire service, particularly where the fire 

chief is also responsible for a community’s emergency management functions. 

In most cases the mobilization of local resources to assist in disaster response and 

recovery operations is coordinated through state emergency management agencies. 

FEMA operates the Urban Search and Rescue (USAR) Program, which involves 27 

locally based response teams. The USAR teams can be dispatched to major incidents 

anywhere in the United States that involve heavy rescue operations, such as collapsed buildings. Most of the USAR teams are operated by fire departments and fire 

department members are involved in all of the teams. These teams are an integral 

component of the response plan for earthquakes and hurricanes, as well as major 

terrorist incidents, such as the Oklahoma City bombing. 

FEMA also includes the United States Fire Administration and its National Fire 

Academy, which are responsible for several programs and advanced education opportunities for the fire service. Both of these agencies are located at the National 

Emergency Training Center in Emmitsburg, Maryland, which is also the focal point 

for training state and local officials in emergency management. The U.S. Fire Administration programs provide valuable assistance to local fire departments, but the 

agency does not directly fund, regulate or participate in the delivery of fire services. 

Several other federal agencies have programs that support or involve relationships with the fire service. These include the Department of Transportation, which 

is particularly involved with hazardous materials transportation, as well as the 

Coast Guard and the Environmental Protection Agency, which are concerned with 

spills and releases of hazardous materials. The Department of Energy works with 

FEMA in providing training programs for emergency responders relating to radioactive materials. The Federal Aviation Administration provides funding for many 

airport fire departments and conducts research related to aircraft fire fighting and 

rescue operations. 

The Department of Transportation supports emergency medical services through 

the National Highway Traffic Safety Administration. The Public Health Service is 

also involved in supporting emergency medical services and recently initiated the 

Metropolitan Medical Response Systems (MMRS) program, which involves fire departments in several metropolitan areas. 

The Department of Justice is working with fire departments on counterterrorism 

training programs. The Bureau of Alcohol, Tobacco and Firearms and the FBI both 

work with local fire investigators on arson investigations, bombings and related 

cases, and the Drug Enforcement Administration has a relationship with many fire 

department hazardous materials teams due to the problem of hazardous chemicals 

that are involved in many drug labs. The Department of Justice also operates the 

Public Safety Officer Benefits Program, which covers deceased and disabled firefighters. 

The Department of Defense under the Nunn/Lugar/Domenici Amendment will 

provide training to the fire departments of 120 major metropolitan areas to plan and 

prepare for terrorist activities that involve nuclear, chemical and biological agents. 

26

This program will end once all 120 jurisdictions receive the training. In the meantime, the program will be turned over to the Department of Justice for management 

on October 1, 2000. The fire departments that are operated by the Department of 

Defense often work closely with local fire departments and provide a valuable backup resource for many communities. The Department of Defense has also assisted 

fire departments in training with explosive devices and sponsors many research 

projects that have proven to be valuable to the public fire service. 

The federal and state governments have the primary responsibility for fighting 

wildland fires, particularly on state and federal lands. The forces that provide 

wildland fire protection are usually seen as a separate branch of the fire service and 

have a fairly limited relationship to the fire departments that protect most urban 

and built-up areas, although it is not unusual for urban fire departments to become 

involved in wildland interface fire fighting operations. Some local fire departments 

have contractual agreements to provide the initial attack on wildland fires on state 

or federal lands and participate in the nationwide system for major wildland fires.

Regulatory—The federal government has a number of administrative regulations 

which impact upon the fire service. Some of these regulations have been supported 

by the fire service such as OSHA’s respiratory protection standard, hazardous materials response, and bloodborne pathogens. Other regulations such as EPA’s emissions standards which significantly affect the costs of diesel engines and the FCC 

authority over wireless radio systems used by emergency responders are merely adhered to. But each federal regulation brings with it a cost to the fire department 

in terms of training requirements, additional equipment needs, and increased purchase price for apparatus and equipment. These are basically unfunded mandates 

where local government entities or volunteer fire and rescue companies bear the 

costs. 

Fire Service Part of U.S. Infrastructure 

Three years ago, the Presidential Commission on Protection of the Critical Infrastructure identified the fire service as a key component of the protection of this 

country’s critical infrastructure. The Commission declared the fire service an integral part of that infrastructure. The fire service is, in fact, part of the very fabric 

of America. 

But today’s fire service is no longer penned-in by jurisdictional boundaries. Most 

metropolitan areas have mutual aid agreements which routinely find fire companies 

operating outside their jurisdiction. There is an increase in highway incidents along 

the federal interstate highway systems to which local units respond. Increased cargo 

tonnage moving by truck, rail, ship and aircraft are increasing not only as a result 

of business expansion but from international trade agreements approved by the federal government. This increase in commerce is directly associated with increased incidents requiring emergency response. This is particularly true in the instances of 

response to hazardous materials incidents. 

ICHIEFS Calls for Federal Grant Program 

Mister Chairman, I have described the mission of the fire and emergency service. 

Our service covers the entire United States, protects the property therein, and 

serves virtually every citizen and visitor in this country. The fire and emergency 

service is an all hazards response service including some aspects of law enforcement. The Presidential Commission on Protection of the Critical Infrastructure identified five components of the U.S. critical infrastructure. America’s fire and emergency service protects all segments of that critical infrastructure and is part of that 

critical infrastructure responsible for the continuance of government. And this is so, 

not just because a commission says so, but because it is the reality. 

We are our nation’s domestic defenders. We are based locally but willingly share 

a national responsibility to protect our nation from all forms of disaster—natural 

and manmade, large and small. Congress needs to understand the breadth in scope 

and the depth in impact of today’s fire service which touches every part of our nation. And Congress needs to support this service with a federal grant program that 

promotes the safety and health of the emergency responders to assure that they can 

better serve the citizens and our nation. 

Thank you for the opportunity to appear before this Committee. I am prepared 

to answer any questions which you or the members of your Committee may have.

The CHAIRMAN. Thank you very much, Chief Fincher. 

Mr. Monihan. 

27

STATEMENT OF E. JAMES MONIHAN, FORMER CHAIRMAN, 

CURRENT DIRECTOR, STATE OF DELAWARE, NATIONAL VOLUNTEER FIRE COUNCIL (NVFC) 

Mr. MONIHAN. Good morning, Mr. McCain and Mr. Kerry. I am 

James Monihan, former Chairman of the National Volunteer Fire 

Council, and now serve as its Director representing the State of 

Delaware. I am also a firefighter in Lewes, Delaware Fire Department with 43 years service, and continue to respond to alarms. 

During my career, I have had experience in all facets of the life 

of fire and EMS personnel, from firefighting and all types of rescue, 

through hazardous materials, the ambulance service and, yes, the 

cat in a tree. The volunteer service also has a unique facet, that 

of administration, since firefighters in the volunteer service are the 

department. 

The entire fire service needs your help, and it is a distinct privilege to be here before you today to bring you our message on behalf 

of the National Volunteer Fire Council. It is the voice of the 

850,000 men and women who staff some 28,000 volunteer departments in every state of the Union. There is no doubt that we need 

financial assistance and, believe me, I have experience in the last 

43 years of asking for it. I have gone door-to-door. I have spent Saturday afternoons sitting by a collection can next to an ambulance 

in a shopping center, and I have seen other volunteers pass collection boots at traffic lights while it is red. 

In fact, we had a department who did not have a traffic light, 

so they stopped traffic. Some people do not have a sense of humor, 

so they got into a little trouble, but they got the job done. 

Ingenuity, however only goes so far. One of the largest problems 

faced by America’s fire service is funding. Most volunteer departments serve small, rural communities, and are the only line of defense. Unfortunately, these departments are struggling to provide 

their members with adequate protective clothing, safety devices, 

and training. 

At the same time, the federal government is asking the fire service to respond to calls involving terrorism, hazardous materials, 

natural and manmade disasters, urban and wildland interface 

fires. Many of these emergencies occur on federal property such as 

national parks, buildings, and lands. 

Your investment in the fire service in this case ultimately protects the Federal property from fire losses and human tragedy. In 

this instance, your support can be viewed as payment for services 

rendered, the same as a homeowner who gives a contribution or 

buys a ticket to a fundraiser for the volunteer fire department. 

In addition, when federal dollars are used to build new interstate 

highways, they usually run through small communities protected 

by volunteer departments. These small-town fire companies must 

now respond to a huge influx of auto accidents, many involving 

hazardous materials. They are already struggling to handle their 

own needs and finances, and are now forced to provide more services and receive no financial assistance for their responses. Many rural departments operate on budgets of less than $10,000 

a year. On that small budget it is very difficult to pay for insurance 

premiums, buy fuel, and upkeep of equipment, much less buy new 

equipment. These departments often are using fire trucks from the 

28

1950’s and 1960’s as first response vehicles, and self-contained 

breathing apparatus that should have been taken out of service 

long ago, according to NFPA standards. It is old, but it is all they 

have. 

An example of how a lack of equipment and training can lead to 

tragedy happened on April 6, 1999, when two firefighters lost their 

lives trying to escape a wildland fire burning outside of Morehead, 

Kentucky, on the edge of the Daniel Boone National Forest. 

Subsequently, specialists from the National Institute of Occupational Safety & Health, NIOSH, investigated the incident, and they 

concluded that to minimize similar occurrences fire departments 

engaged in wildland firefighting should provide firefighters with 

wildland personal protective equipment. They should equip them 

with approved fire shelters and provide training on the proper use 

of the fire shelters, and we certainly agree with that. 

But we are also confident that an increase in Federal funding is 

the only way a small department such as this could possibly purchase the equipment and provide the training needed to comply 

with NIOSH’s recommendations. 

By the way, we all fight wildland fires. The gear is costly, and 

unfortunately you just have to make a choice. There are departments like this in every state across this country. It is ironic that 

all the federal agencies and, yes, even Congress, can adopt mandates for the fire service. However, these departments are the only 

line of defense in those communities, and if they cannot meet those 

mandates and standards, what happens then? 

The funding problems in America’s volunteer service are not just 

limited to rural areas. The suburbs continue to grow, as Senator 

Hollings said earlier. So does the burden on the local fire and EMS 

departments. Even though many of these departments have the essentials, they are unable to gain access to new technologies. 

At no time in our history have advances been greater in equipment to protect the firefighter and make his job easier, or her job 

easier—pardon me—yet because newer technology is so expensive 

many departments are not able to purchase it. 

For instance, there are personal assisted safety signal devices 

that can be attached to a firefighter. The PASS will emit a loud 

signal if the firefighter is trapped or becomes disabled. 

There are thermal imaging cameras to locate victims in smoke, 

global position systems which allow dispatchers to dispatch the 

closest fire department to the fire, fiber optic ropes that contain 

tiny lights to lead a firefighter as he retraces his way out of the 

smoke-filled structures, and compressed air foam, a fire-retardant 

that increases the surface area of water, helping to extinguish fires 

three to five times more quickly. 

Unfortunately, most volunteer departments are unable to take 

advantage of this new technology because of budget restraints. Do 

you have any idea how many pancake breakfasts it takes to buy 

a $25,000 imaging camera? Many departments can tell you, because that is how they bought it. 

These constant fundraising demands also are intertwined in 

every aspect of the volunteer fire and emergency services, affecting 

the recruitment, retention of members, and the ability to train 

them, because they eat up a very valuable commodity called time.

29

The volunteer fire service represents a national resource of enormous value that must be supported and nurtured. This Committee 

and the Senate as a whole can make great strides in supporting 

us through the Fire Investment and Response Enforcement, or 

FIRE Act. 

When I began my testimony, I stated the volunteer fire service 

is in need of your assistance, and that you, as Members of the Senate, could make a difference with the necessary funding. I hope I 

have painted a picture that illustrates that need as real, that the 

moneys do go a long way—we can squeeze a dollar—and that the 

support of the fire service by Congress is, indeed, a national concern. 

Finally, we recommend that any funding that Congress provides 

for the fire service be handled in a manner similar to the volunteer 

fire assistance program. In that program, almost all the moneys 

appropriated go to the intended purpose in the fire service, because 

it is structured in a way that the funding cannot be diverted and 

is not eaten up with administrative fees. 

Thank you for your attention. Thank you for the opportunity, 

and if you have any questions I would be glad to answer them. 

[The prepared statement of Mr. Monihan follows:]

PREPARED STATEMENT OF E. JAMES MONIHAN, FORMER CHAIRMAN, CURRENT

DIRECTOR, STATE OF DELAWARE, NATIONAL VOLUNTEER FIRE COUNCIL (NVFC) 

Mr. Chairman and members of the Committee, my name is James Monihan. I am 

the Former Chairman of the National Volunteer Fire Council (NVFC) and currently 

serve as their Delaware State Director. I am also a firefighter in the Lewes Fire 

Department in Lewes, Delaware. I have served as a volunteer firefighter for 43 

years and still respond regularly to calls. I have had experience in all phases of the 

life of a first responder, including chemical and hazardous materials incidents, EMS, 

rescue and fire. On behalf of the volunteer fire service, I appreciate the opportunity 

to comment on the needs of America’s volunteer fire service addressed in S. 1941, 

the Firefighter Investment and Response Enhancement (FIRE) Act. The National 

Volunteer Fire Council strongly supports passage of this piece of legislation, which 

currently has 32 bipartisan cosponsors in the Senate and 276 in the House. America’s fire and emergency services are in need of your assistance and you, as Members of Congress, can make a difference with the necessary funding. 

The NVFC represents the interests of the nation’s more than 800,000 volunteer 

firefighters, who staff America’s 28,000 volunteer fire departments located in every 

state of the Union. According to the National Fire Protection Association (NFPA), 

nearly 75% of all firefighters are volunteer. More than half of the approximately one 

hundred firefighters that are killed each year in the line of duty are volunteers. In 

addition to the obvious contribution that volunteer firefighters lend to their communities, these brave men and women represent a significant cost saving to taxpayers. 

A 1991 study commissioned by the National Institute of Standards and Technology 

(NIST) concluded that it would cost taxpayers $36.8 billion each year to convert volunteer fire departments to career departments. According to a September 1999 

study by the State Auditor of my home state of Delaware, the volunteer fire service 

in Delaware saves taxpayers more than $116 million per year. 

One of the largest problems faced by America’s volunteer fire service is funding. 

Most volunteer departments serve small, rural communities and are quite often the 

only line of defense in those communities. Unfortunately, these departments are 

struggling to provide their members with adequate protective clothing, safety devices and training to protect their communities. 

At the same time, the federal government is asking the fire service to respond 

to calls involving terrorism, hazardous materials, natural and man-made disasters 

and wildland/urban interface fires. Many of these emergencies occur on federal properties such as national parks and lands. Wild fires that are kept small are less expensive to extinguish and cause much less damage. Your investment in the services 

of these rural fire departments ultimately protects federal and private lands from 

fire losses and human tragedies. In this instance, your support can be viewed as 

30

payment for services rendered the same as a homeowner who gives a contribution 

or buys a ticket to a fundraiser for their volunteer fire department. 

In addition, when federal dollars are used to build new interstate highways, they 

often run through small communities protected by a volunteer fire department. 

These small town fire companies must respond to huge influx of auto accidents, 

some involving hazardous materials. They are already struggling to handle their 

own needs and finances, and are now forced to provide more services, and receive 

no compensation for their responses. Many rural departments operate on budgets of less than $10,000 per year. On 

that small budget, it is very difficult for these departments to pay for insurance premiums, fuel, and upkeep of equipment, much less buy new equipment. These departments are using fire trucks from the 1950s and 60s and self-contained breathing 

apparatus that should have been taken out of service a long time ago according to 

NFPA standards. In some counties, it can take up to 40 minutes for an ambulance 

to arrive and as long as an hour and 10 minutes for a rescue tool, commonly called 

‘‘the Jaws of Life,’’ to get to the scene of a car accident. Some departments have 

only one or two radios and no alerting system. When there is an emergency call for 

them, the county Sheriff’s Department notifies them by telephone. If they are not 

near their phone, they’ve missed the call. 

On April 6, 1999, two volunteer firefighters died while trying to escape a wildland 

fire burning outside of Morehead, Kentucky. Subsequently, two Safety and Occupational Health Specialists from the National Institute for Occupational Safety and 

Health (NIOSH), Division of Safety Research, investigated the incident. They concluded that, to minimize similar occurrences, fire departments engaged in wildland 

firefighting should provide firefighters with wildland personal protective equipment 

(PPE) that is compliant with NFPA standards, they should equip firefighters with 

approved fire shelters and provide training on the proper use of the fire shelters, 

and they should learn, communicate, and follow the 10 standard fire orders as developed by the National Wildfire Coordinating Group (NWCG). The NVFC is confident that an increase in federal funding is the only way a small volunteer department such as this one could purchase the equipment and provide the training needed to comply with NIOSH’s recommendations. 

There are departments like this in every congressional district across this country. 

It is ironic that all of the federal agencies and even Congress can adopt mandates 

on the fire service. However, these departments are the only line of defense in these 

communities and if they can’t meet these mandates, what happens? 

The funding problems in America’s volunteer fire service are not just limited to 

rural areas. As suburbs continue to grow, so does the burden on the local fire and 

EMS department. Even though many of these departments have the essentials, they 

are unable to gain access to new technologies. At no other time have advances been 

greater in equipment to protect them and make their jobs safer. Yet because the 

newer technology is so expensive, many volunteer fire departments are forced to use 

outdated equipment. 

For instance, many firefighters can now wear an encapsulated ensemble of fireproof gear, along with lined helmets that absorb shock, and hoods that protect exposed head and neck parts. There’s also a Personal Assisted Safety Signal, or PASS, 

device that is attached to the firefighter. The PASS will emit a loud signal if the 

firefighter gets trapped or becomes disabled. Older versions required firefighters to 

sound the device themselves. Newer models sound a 110-decible alarm if a firefighter remains motionless for 25 seconds. Each PASS device sells for $125. 

Instead of the traditional gear that weighs between 40 and 60 pounds, lighter 

weight air bottles and materials have lightened firefighters’ loads, decreasing their 

physical stress. However, turnout gear costs more than $1,000 per set and self-contained breathing apparatus are close to $3,000 each. 

Perhaps the best advance in fire equipment in the past 25 years—and the most 

expensive—is the thermal imaging camera. The cameras, which can cost up to 

$25,000, are used to distinguish items of various temperatures in a smoke-filled 

room. Firefighters can make out a human body through thick smoke or can hone 

in on fire ‘‘hot spots’’ without having to tear entire structures apart. Older models 

were mounted on helmets; newer versions are hand held, adding flexibility to 

searches. 

Other advances include Global Positioning Systems, which allow dispatchers to 

send out fire companies nearest to a fire; fiber-optic ropes, which contain tiny lights 

to help firefighters retrace their way out of smoke-filled structures; and compressed 

air foam, a fire retardant that increases the surface area of water, helping to extinguish fires three to five times more quickly. 

Unfortunately, many volunteer fire departments are unable to take advantage of 

this new technology because of budget restraints. Do you know how many pancake 

31

breakfasts it takes to buy a $25,000 piece of equipment? Many departments can tell 

you, because that’s how they pay for it. These constant fundraising demands are 

intertwined into every aspect of volunteer fire and emergency services, affecting the 

recruitment of new members, the retention of existing members, and the ability to 

train members. 

This legislation will allow departments to more adequately equip and train their 

firefighters, thereby increasing the safety level of the communities they protect. In 

addition, federal funding of local fire companies represents a form of local taxpayer 

relief. Also, as departments become better equipped, their Insurance Services Office 

(ISO) rating goes down, in turn lowering the insurance rates of the community’s homeowners. The volunteer fire service represents a national resource of enormous 

value that must be supported and nurtured if it is to continue to fulfill its critical 

role in emergency services response. This Committee and Congress can do its part 

by supporting the Firefighter Investment and Response Enhancement (FIRE) Act. 

When I began my testimony today, I stated that the volunteer fire service is in 

need of your assistance and that you, as Members of Congress, could make a difference with the necessary funding. I hope that I have painted a picture that illustrates that the need is real, that the moneys do go a long way, and that the support 

of the fire service by Congress is indeed a national concern. 

Mr. Chairman, I thank you for your time and your attention to the views of America’s fire service, and I would be happy to answer any questions you may have.

The CHAIRMAN. Thank you, sir. Mr. Billy Shields. Good to see 

you, sir. I just saw in the newspaper where we have 3 fires going 

on in the state of Arizona as we speak. 

STATEMENT OF BILLY SHIELDS, VICE PRESIDENT, 

PROFESSIONAL FIRE FIGHTERS OF ARIZONA 

Mr. SHIELDS. We have our hands full, sir. I want to thank you 

also for holding this hearing. As you know, I am a Captain in the 

Phoenix Fire Department. I have served on a frontline fire pumper 

for 21 years. I am also the Vice President of the Professional Fire 

Fighters of Arizona, which is an affiliate of the International Association of Fire Fighters. 

I greatly appreciate this opportunity to appear before you today 

on behalf of the IAFF’s 230,000 professional firefighters and emergency medical personnel to discuss the need for funding to protect 

firefighter health and safety. I would like to ask, Mr. Chairman, 

that you include my written comments in the record. 

The CHAIRMAN. Without objection. 

Mr. SHIELDS. I would like to depart from it in the context that 

I would like to try and address some of the concerns that you 

raised in your opening remarks, but first I would like to point to 

the fact that as the chiefs have expressed, and the panel before, is 

that we know there is a need today. It is not an if, and it is not 

a guess. We know that there is a need today, and Arizona is no exception. 

Of the 51 full time professional firefighters, fire departments in 

Arizona, all but 6 are short in one of the essential areas of minimum staffing, apparatus, equipment maintenance or training provided to new hires. Of the firefighters that died in the line of duty 

last year, and the ones investigated by NIOSH, every one of those 

deaths were found to have correctable problems based on one of 

these areas. 

Over half of the fire departments in Arizona frequently do not 

have sufficient personnel to mount a safe interior attack on a fire 

by OSHA standards, which is simply 4 people on the scene at the 

time of the entry so that 2 can go in and 2 can remain outside to 

monitor the building and be there to rescue the firefighters, if they 

32

themselves get in trouble. Nearly 75 percent of the departments in 

Arizona do not have the money to provide new hires with the most 

basic training that is recommended by the National Fire Protection 

Administration Association. 

Let me talk for a minute about specific examples. Nogales, Arizona, you know is a border community, population of 30,000 people, 

but the needs for service there far outstrip any jurisdiction that is 

that size. The daytime population of Nogales swells to 75 to 

100,000 people, and they have a mutual aid agreement with 

Nogales, Mexico, across the border, which has a population of a 

half a million people. 

Increasingly, Nogales is having more and more hazardous materials transported to the tune of millions of tons a year through 

their cities. Nogales, Arizona, only has 3 fire pumpers, each one of 

them is short staffed by 1 person every shift every day of the year. 

They have only 5 trained hazardous materials technicians for the 

whole city, and all of them are not on duty at one time, and their 

equipment is woefully short. 

They do not even have the simple gauges that can test the air 

for signs of leaking fuel and leaking chemicals, and what equipment that they do have is carried in the back of a horse trailer 

pulled by a brush truck, and as the chiefs and the Congressmen 

before pointed out, the fire service has always been very creative 

and used the best that we have, but these are things I think that 

we are here today to talk about and that you should know. 

In Flagstaff, it is a community that we all know in northern Arizona, a small community again but millions of people passing 

through it every day at the juncture of two interstates. People on 

the way to the Grand Canyon, Las Vegas or Mexico. They, too, are 

short staffed by a person every day and cannot afford training for 

their folks. 

El Mirage, which is a ring community of Maricopa County, pays their firefighters on the average of $25,000 a year, cannot even afford decent protective clothing for their firefighters to the point 

where their firefighters are going out and buying their own at the 

cost of up to a thousand dollars apiece. 

Now, we can go on and on about specific examples in Arizona, 

but my point is it is not just Arizona, it is national, and I believe 

that it is a national problem. I do not believe it fully falls under 

the Federal government, but I believe that part of the burden does. 

I traveled with the urban search and rescue team from Phoenix to 

the Oklahoma City bombing. 

Our team was on the scene within 8 hours of the explosion preparing to shore up that building for search and rescue operations 

and sifting through the rubble for victims, and at the end of a shift 

when we would leave the building and walk down the sidewalks, 

people of Oklahoma stood on the sidelines and offered us thanks 

and cookies and sandwiches and drinks of water. 

No one questioned that that was an appropriate response of the 

Federal government, and I believe that it goes even further. I believe that the small communities are not able to provide the types 

of training and education, protection, and staffing that makes the 

firefighters themselves safe in order that they can protect their 

communities. 

33

Let me address for 1 second this notion of what are state and 

local governments doing. I can speak to that very well because we 

have been working on this in Arizona for a long time. As you know, 

Arizona has a shared revenue form of tax collection where they 

share back with the cities to help support local services. The larger 

cities have been able to do pretty well with that, and in a few of 

them we have augmented it by going to the voters and asking to 

increase the sales tax by a tenth of a percent to support public 

safety, which is police and fire, the lion’s share of that going to police. 

I am not complaining about our services in those cities, but in 

Nogales the same thing was done. They passed the tenth of a percent sales tax. It is just simply not enough of a tax base there to 

give them an adequate fire service and response in that city. Additionally, when we approach the legislature of Arizona, we have always had to defend the shared revenue formula because in good 

budget years where there’s surpluses, there’s always a move to reduce the shared revenue formula and hold cities to a flat dollar 

amount rather than a percentage, so we are defending what we 

have there. 

We are not able to ask for additional amounts, and you also 

know that the pressing issues of the day in Arizona have been education because of the lawsuits that the state has lost causing the 

equalization of school construction finance and the legislature appropriating 2 years ago $150 million for that to find out only that 

that was woefully short, that the cost of school construction and 

equalization in Arizona is going to be closer to a billion dollars, and 

additionally the popular move for tax cuts. 

These are the things that we face. It is not that we have not 

tried. These are the things we face and the real concerns, and I 

would submit that state by state, firefighters are working with 

their cities and with their legislatures to try and improve their 

service and try and eke out the funding that they need. 

In closing, Mr. Chairman, I would just like to say that the real 

issue here today is the health and safety of America’s firefighters 

and our ability to protect lives and property. All this talk about 

states’ roles and federal roles and agencies’ jurisdictions, obscures 

what the bill is about. Firefighters are dying. We can prove that. 

We can prove that there is a need, Mr. Chairman, and because the 

government cannot find the money to protect them, and that alone 

should be sufficient reason to enact S. 1941 without delay. 

I thank you for your attention to our views, and I would be 

happy to answer any questions you may have, and I understand 

the firefighters in Manchester treated you to a bowl of chili, and 

I would like to make a standing invitation to you and your family 

to come to station 1 in downtown Phoenix for a green chili burro 

dinner. 

[The prepared statement of Mr. Shields follows:]

PREPARED STATEMENT OF BILLY SHIELDS, VICE PRESIDENT, PROFESSIONAL FIRE FIGHTERS OF ARIZONA

Introduction 

Mr. Chairman. My name is Billy Shields. I am a Captain in the Phoenix, Arizona 

Fire Department and the Vice President of the Professional Fire Fighters of AriVerDate Apr 24 2002 10:39 May 20, 2003 Jkt 083607 PO 00000 Frm 00037 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\83607.TXT SCOM1 PsN: CAROLT
34

zona, an affiliate of the International Association of Fire Fighters. I greatly appreciate this opportunity to appear before you today on behalf of the IAFF’s 230,000 

professional fire fighters and emergency medical personnel to discuss the need for 

funding to protect fire fighter health and safety. 

Mr. Chairman, each year our nation’s fire fighters respond to millions of calls for 

help from our fellow Americans. These calls range from fires to hazardous materials 

incidents to search and rescue operations to emergency medical care. Every day we 

put our lives on the line to protect the safety and property of our fellow citizens. 

In the last year, more than 100 of our brothers and sisters have made the ultimate 

sacrifice. The job of fire fighting is the most dangerous in the world, and we accept 

that. But we can not accept that our safety is being recklessly and needlessly endangered because too many fire departments are unable to provide the most basic training, equipment and staffing. 

Like most of my brother and sister fire fighters, I have attended too many funerals. The knowledge that many of these deaths were preventable angers me just as 

it ought to anger all Americans. In every one of its investigations into fire fighter 

fatalities, the National Institute for Occupational Safety and Health (NIOSH) found 

correctable problems. Proper training and equipment, adequate staffing, and other 

programs save fire fighters’ lives. Unfortunately, too many jurisdictions are unable 

to provide these basic protections. 

The Need 

Arizona 

America’s fire service is in crisis due to extreme funding shortfalls, and Arizona 

is no exception. Of the 51 full-time professional fire departments, all but 6 appear 

to be deficient in an essential area, such as minimum safe staffing levels, apparatus 

and equipment maintenance, and training provided to new hires. 

More than half of our departments either always or frequently do not have sufficient personnel to mount a safe interior fire attack. This puts us in the position of 

either having to await the arrival of additional personnel or endanger the lives of 

the fire fighters at the scene by commencing the attack without adequate back up 

support. 

Nearly 75% of our departments do not provide new hires with the basic level of 

training identified by the National Fire Protection Association (NFPA) as necessary 

to perform the job of a fire fighter safely and effectively. These jurisdictions lack 

funds for instructors, training equipment and training facilities. Throughout the 

state, fire fighters essentially receive on-the-job training, a situation which endangers not only the lives of the new hires but their fellow fire fighters and the public. 

Nogales 

Nogales is a border community of approximately 30,000, but the demands on the 

fire department far outstrip many comparable sized jurisdictions. An extremely busy 

port of entry, the daytime population swells to an estimated 75,000–100,000 people. 

In addition, the fire department has a mutual aid agreement with the neighboring 

city of Nogales, Mexico which has a population of least half a million people. 

The Nogales fire department has two ladder companies, one of which is currently 

not in use due to lack of funding. The apparatus that is in use is over 20 years old, 

and in need of maintenance. The department staffs 3 engine companies, all of which 

run one person short every shift. The department shares one mechanic and one shop 

to maintain its aging apparatus with several other city departments. 

Nogales is a hub for hazardous materials transport, both by rail and by truck, 

with millions of tons of dangerous cargo passing through the community each year—

much of it crossing an international border. For example, the fire department is required to escort 40,000 pound truckloads of ammonium nitrate through the city to 

the border on a weekly basis. 

And yet, the fire department has been able to afford the training of only five 

hazmat technicians. There is no dedicated hazmat unit, and the equipment is either 

substandard or non-existent. Hazmat equipment is carried on a horse trailer pulled 

by an aging brush truck. 

In order to meet even bare minimum safety requirements, the fire chief of Nogales 

estimates the need for a minimum of 45 additional fire fighters, with at least a 

dozen cross-trained as hazmat technicians. Hazmat emergency response equipment, 

additional maintenance personnel, and various pieces of apparatus are also urgent 

necessities. 

35

Flagstaff 

Flagstaff is a high desert community of 60,000 that sits at the junction of two 

interstate highways, I–40 and I–17. The fire department is responsible not only for 

the safety of the citizens of the community, but also the millions of travelers and 

commercial vehicles passing through on their way to the Grand Canyon, historic 

Route 66, and Mexico. In addition, the community has dealt with devastating forest 

fires and faced difficult rescue missions when blizzards hit the 11,000 foot peaks. 

Every engine and ladder company in Flagstaff is currently running one person 

short every shift. At least 24 fire fighters are needed to meet minimum safe staffing 

levels. The community can not afford to provide new hires with basic fire fighter 

training. 

Bisbee 

A once thriving mining community and now a popular tourist destination, Bisbee 

is a historical and cultural treasure. The aging town’s charm, however, provides special challenges to its fire department. The old buildings are especially fire prone, 

and packed closely together on narrow, winding streets. The city’s water supply system is more than a century old. 

The Bisbee fire department has no Ladder truck, and does not have enough personnel for two engine companies. Most fire fighters are wearing personal protective 

equipment that is 9–10 years old, and little money is available for training. The city 

has no hazmat technicians or equipment, and can not afford to perform necessary 

maintenance on its aging apparatus. 

El Mirage 

The economically challenged city of El Mirage is struggling to provide the most 

basic fire protection. The fire department often runs engines with only two fire 

fighters, and has been unable to replace defective turnout gear for its fire fighters. 

Some fire fighters, fearing for their own safety, have paid for a turnout ensemble 

out of their own pocket at a cost of over $1000. 

The United States 

Mr. Chairman, I wish I could tell you that Arizona was unique in this dire need 

for funding for fire departments. The shocking truth is, we are sadly representative 

of the nation. 

Early this year the IAFF, which represents more than 90% of all the professional 

fire departments in the nation, conducted a survey of its State Associations. Twentytwo states participated in the survey, representing 1364 fire departments (54% of 

all IAFF Locals). 

Among the survey’s findings:

• 77% of fire departments operate with staffing levels below what is needed for 

safe fireground operations.

• 43% of fire departments are in need of additional turnout gear (i.e. coats, 

gloves, helmets and boots).

• 50% of fire departments are in need of additional respirators.

• 70% of fire departments do not have adequate maintenance programs for their 

protective gear.

• 66% of fire departments are in need of better communications equipment.

• 66% of fire departments are in need of additional training.

• 59% of fire departments have poorly ventilated fire stations which expose fire 

fighters to dangerous diesel fumes on a daily basis. 

The Federal Government’s Role 

I am aware of the argument that the problems I’ve been describing are local problems and should be addressed at the state and local level. Congress is rightfully reluctant to fund a service without assurance that states and localities are doing what 

they can. 

But please understand, Mr. Chairman, we are not asking for the federal government to become the major—or even a major—funder of America’s fire service. Local 

and state governments should continue to be the primary providers of fire service 

funding. But the federal government, too, has a role to play and a responsibility to 

shoulder its fair share of the financial burden of protecting Americans. 

Every day fire departments across the nation engage in emergency response activities that are national in scope. When a terrorist kills hundreds of federal employVerDate Apr 24 2002 10:39 May 20, 2003 Jkt 083607 PO 00000 Frm 00039 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\83607.TXT SCOM1 PsN: CAROLT
36

ees in Oklahoma City, or when wildland fires devastate communities in New Mexico, these are national issues. When a trailer carrying hazardous materials overturns on an interstate highway, or when border inspectors discover leaking chemicals in a rail car coming from Mexico, these are national issues. When a fire threatens a Native American reservation or hikers are injured in the Rocky Mountains, 

these are national issues. 

Moreover, the argument that local government functions should be funded exclusively at the state and local level flies in the face of reality. The federal government 

spends billions of dollars every year to support such local government functions as 

law enforcement, education and roads. States and local governments remain the primary funders of these activities, but the federal government has long acknowledged 

that it, too, has an obligation to shoulder some of the responsibility. 

Providing federal funding for a wide variety of local government services, while 

denying any support for the fire service based on the argument that it is a local 

responsibility is tantamount to discriminating against me because I am a fire fighter. Teachers and cops are not told ‘‘go talk to your Governor,’’ so why should I be? 

Finally, it is important to stress that we would not be asking the federal government for assistance if we did not believe that states and localities were already 

doing their share. Of course, I want them to do more, but it would be misleading 

for anyone to suggest that states and localities are apathetic to the needs of the fire 

service. 

In Arizona, the state distributes a certain percentage of all tax receipts to localities to pay for various local services including fire protection. Realizing this was 

not sufficient, many communities—including Phoenix, Nogales, Tempe and Glendale—have approved the assessment of a special tax on themselves to fund public 

safety services. On some of the Native American reservations, a portion of the proceeds from legalized gaming has been devoted to public safety. 

But this is still not enough. It is especially difficult for those of us in states such 

as Arizona to raise additional revenue. As you are well aware, Mr. Chairman, our 

state has a strong individualist tradition, that is skeptical of all forms of government. We are currently facing a ballot referendum to abolish the state income tax— which accounts for 50% of all state revenue. This will have a devastating impact 

on fire protection. 

No, Mr. Chairman, it is not enough to say that fire protection is a state and local 

responsibility. The federal government has a role too, and it is past time to shoulder 

its share of responsibility. 

Conclusion 

Allow me to end, Mr. Chairman, by going back to what this issue is really all 

about: the health and safety of America’s true heroes, our domestic defenders, our 

fire fighters. All this talk about state roles and federal roles, and this agency’s jurisdiction and that agency’s responsibilities, obscures what this bill is all about. 

Fire fighters are dying, Mr. Chairman, because the government can not find the 

money to protect them. That alone should be sufficient reason to enact S. 1941 without delay. 

I thank you for your attention to our views, and I will be happy to answer any 

questions you may have.

The CHAIRMAN. You send me the invitation, and I will be there. 

Mr. SHIELDS. You have got it. 

The CHAIRMAN. If you promise not to make me work out with 

them. In my declining years, it is not something that I look forward 

to, and I mean that. I am very impressed by the physical condition 

of your firefighters. It is quite remarkable, and I know it is very 

important with some of the very difficult tasks they face. 

Also, again, I do not mean to sound parochial, but you represent 

one of the fastest growing places in America, which makes it increasingly difficult to keep up with the fires and emergencies that 

take place in a place that is, I believe, the fastest growing part of 

the United States of America, certainly the valley is and I know 

that has added financial burdens on the firefighting capabilities in 

our valley in Arizona as well as other parts of the state. 

I think you made a very good point about on the border, and perhaps we ought to look at it in this legislation because the same 

37

problem exists in San Diego, the same problem exists in parts of 

Texas, all across our border we have relatively small cities, and I 

say that, relatively, and very huge populations on the other side of 

the border with certainly tragically much lower standards, codes of 

construction, et cetera, and many times they are called upon and 

there is no place to help, and there is no place in the budget for 

that, so I think that is something that I think we would appreciate 

all the witnesses’ input into as to how we can address that serious 

problem. No one is going to let a devastating fire take place just 

on the other side of the border without trying to assist. 

Do you want to respond to that Mr. Shields, very quickly? 

Mr. SHIELDS. That is the case. Senator McCain, I would like to 

thank you for your long and continued support of us in Arizona and 

nationally. But this is a problem. You have been there, you have 

seen the need yourself. It is amazing, especially, you know, with 

NAFTA and with some of the deregulations that you have got more 

large truck traffic coming through these border towns than you 

have ever had, and to the point where that is becoming a problem 

with the residents of the southern parts of these border states. 

Along with that comes the needs and the services that we have got 

to provide and the taxing, overtaxing, I should say, of the services 

that exist in those small communities. I think you have got that 

picture very well from your comments. 

The CHAIRMAN. Well, again, you also bring up another issue, 

truck safety we have addressed in this Committee on several occasions. The growing, rising number of accidents, and so often our 

firefighters are called to the scene of one of these accidents for obvious reasons, and that is a growing problem in America as we see 

this dramatic increase in truck traffic, and according to National 

Highway Transportation Safety Board an increase in the number 

of accidents as well. 

So we have a lot of challenges. Chief Whitworth, thank you for 

your patience, and thank you for being here. I would like to say 

I have visited your city, and it was a great pleasure to do so in my 

failed campaign. Please proceed. 

Mr. WHITWORTH. I hope it was not because of our city. 

The CHAIRMAN. It was because of the firefighters actually. 

Mr. WHITWORTH. I should just leave now. Mr. Chairman, thank 

you very much. 

The CHAIRMAN. I loved visiting and I love your state, and I am 

looking forward to visiting, as a matter of fact, come August. Please 

proceed. 

Mr. WHITWORTH. As a Vice Presidential candidate, sir? 

The CHAIRMAN. Oh, no. Actually as a friend of Senator DeWine’s. 

STATEMENT OF JAMES H. WHITWORTH, CHIEF, MIAMI TOWNSHIP FIRE & EMERGENCY MEDICAL SERVICE, CLERMONT 

COUNTY 

Mr. WHITWORTH. Very good. Well, first of all, I want to thank 

you for having this hearing. It is a great step for us. Mr. Chairman, 

Members of the Committee, I am Jim Whitworth, Chief of the 

Miami Township Fire Emergency Medical Service, and if I might 

correct the record, that is in Clermont County, it is a much prettier 

county than Butler County. 

38

The CHAIRMAN. Let the record show. 

Mr. WHITWORTH. I have been involved in the fire service for approximately 27 years, and I am here representing Miami Township 

and the Ohio Fire Chiefs Association. 

Miami Township is a growing suburban community located 20 

miles northeast of Cincinnati. The township encompasses 32 

square miles, about 34,000 residents, and is bisected by Interstate 

275. The department operates from 3 stations, staffed 24 hours per 

day, 365 days a year. The complement of uniformed personnel is 

38 career, 35 part time, and 8 volunteer. This is what constitutes 

a combination department as opposed to one that is all career or 

one that is all volunteer. 

The department has made over 3,100 fire and emergency medical 

responses just this past year. Increasingly the fire service is the goto agency for newly identified needs in the area of public safety. My 

community has been no exception in this. The last 20 to 30 years 

have seen rapidly increasing involvement in fire prevention, fire investigations, emergency medical care, hazardous materials, natural 

disaster mitigation, injury prevention, technical rescue and most 

recently response to acts of terrorism. 

The fire department is continually asked to be the risk managers 

for the community and take responsibility for life, property, the environment, and the infrastructure. In 1999 FEMA director James 

Lee Witt appointed a commission and charged them to revisit the 

1973 report, ‘‘America Burning.’’ The commission found that, 

among other things, the responsibilities of today’s fire departments 

extend well beyond the traditional fire hazard. A reasonably disaster resistant America will not be achieved until there is greater 

acknowledgment of the importance of the fire service and a willingness at all levels of government to adequately fund the needs and 

responsibilities of the fire service. 

Crime is considered a national problem, receiving attention from the Federal government in the form of $11 billion annually. The 

fire problem is not just a local one. Hazardous material releases 

cross community, county, and state borders. Vehicles crash and 

lives are lost on federal highways. Natural disasters occur without 

regard to government jurisdictional boundaries, and terrorists 

strike federal installations. 

Who is risking life and limb to respond to these incidents? Your 

local public safety services do. The fire emergency medical services 

have many challenges with which to cope. Those having the most 

serious effect on our ability to conduct business are inadequate 

staffing, government regulations and national standards, the cost 

of apparatus, equipment, and the associated technologies, and inadequate funding. 

There are many federal regulations affecting how departments 

operate by governing how employees are scheduled, to how the department must operate at the scene of an emergency. In 1985 the 

U.S. Wage and Hour Fair Labor Standards Act was imposed on fire 

departments covering how they may schedule personnel and pay 

overtime. 

The Occupational Safety and Health Administration’s 2-in/2-out 

rule which Captain Shields alluded to earlier requires that interior 

firefighting take place until there are 2 personnel on interior attack 

39

hose line and 2 more on a hose line outside ready to rescue the interior crew. In addition there must be a fire ground commander 

and a pump operator. 

Miami Township, as well as many other communities in southwest Ohio, does not have the luxury of staffing apparatus at this 

level. This results in either a delayed attack while waiting for additional personnel to arrive or risk being found out by OSHA. 

While no one argues that this is a safer condition for those attacking the fire, in the absence of the required staffing, fire is allowed to grow, which ironically makes the building less safe for interior operations. 

In addition to blood-borne pathogen and infection control regulations, OSHA’s latest foray into the emergency response field is 

their proposed ergonomics rule. This, too, will have an impact on 

how a department conducts business. 

The cost of fire emergency medical apparatus and equipment has 

steadily increased over the past 20 to 30 years. A pumper purchased in the early 1970’s that cost $40,000 now costs about 

$300,000. That is a lot more pancake dinners. 

An ambulance that cost $25,000 now costs $120,000. Technology 

has driven many of the changes in apparatus and equipment and 

continues to do so at a rapid pace. 

Over the last several years the fire department has been expected to be the risk manager for their community and take responsibility for life, property, and environmental safety concerns. 

The service has demonstrated in most communities that they are 

equal to the task. However, many lack the tools to produce an effective end product or sustain the effort. 

If the fire service is to continue in this wide-ranging role and 

they are willing and capable of doing so, the Federal government 

will need to provide some funding and technical support needed to 

address these important tasks. The FIRE Act is broad based, allowing for funding of fire prevention initiatives, equipment, stations, 

training, staffing, and other life safety programs. This flexibility is 

essential, as it will help departments tailor their programs to local 

needs, deal with the many federal regulations, and respond to 

those areas of critical infrastructure affected by disaster. 

I respectfully request that you approve funding for firefighter 

safety and public safety programs as specified in S. 1941. The fire 

service has been good at making due. It is now time to fund the 

firefighter and life safety programs at an appropriate level. This 

could be the first step toward a partnership with states and local 

governments to improve the safety of its firefighters and our Nation’s citizens. Thank you, sir. 

[The prepared statement of Mr. Whitworth follows:]

PREPARED STATEMENT OF JAMES H. WHITWORTH,

CHIEF, MIAMI TOWNSHIP FIRE & EMERGENCY MEDICAL SERVICE, CLERMONT COUNTY

Biography 

James H. Whitworth 

I am James Whitworth, Chief of the Miami Township Fire and Emergency Medical Service. I began my career as a volunteer with the Golf Manor Fire Department 

in 1973 while working in industry. At the beginning of 1982 I accepted a career poVerDate Apr 24 2002 10:39 May 20, 2003 Jkt 083607 PO 00000 Frm 00043 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\83607.TXT SCOM1 PsN: CAROLT
40

sition with the Blue Ash Fire Department, remaining with them until 1992, at 

which time I accepted the Chief’s position with Miami Township. 

During the past twenty-seven years I have been trained and am currently serving 

as a Paramedic, Fire Fighter, Fire Safety Inspector, Hazardous Materials Technician, Cardiopulmonary Resuscitation Instructor, Emergency Medical Technician Instructor, Hazardous Materials Awareness Instructor, and Response to Terrorism Instructor. I have held high offices in the Life Safety Services Association of Clermont 

County, the Northwest Clermont County Rotary Club, the Juvenile Fire Setter Education Council of Clermont County, the Incident Management Assistance Team of 

Southwest Ohio, Board of Christian Education for the Trinity United Church of 

Christ, and elder for the Covenant Community Church. 

I currently serve as president of the Greater Cincinnati Hazardous Materials 

Unit, first vice president of the Life Safety Services Association of Clermont County, 

secretary of the Rotary Club of Northwest Clermont County, member of the 

Clermont County Communications Advisory Board, member of the Local Emergency 

Planning Committee, and member of the Ohio Fire Chief’s Association Legislation 

Committee. 

Miami Township, Clermont County, Ohio 

Clermont County is the western most Appalachian county in Ohio. As such, it contains a fair number of residents who are in the low-to-moderate income bracket. 

Miami Township is the exception in that it is rapidly transitioning from an agricultural community into an upper middle income residential community. Miami Township consists of about 32 square miles and 34,000 residents (1990 census = 33.2 

Square miles and 28,199 residents). The Township is divided 80 percent residential 

and 20 percent commercial/retail/light industrial and is bisected by Interstate 275. 

Miami Township Fire and EMS 

The Miami Township Fire and Emergency Medical Service operates from three 

stations, making over 3,100 emergency responses annually. The department is 

staffed with thirty-nine (39) career (1 non-uniformed), thirty-five (35) part time, and 

eight (8) volunteer employees. This constitutes what is referred to as a ‘‘combination 

department’’: neither career nor volunteer. All career and most part time employees 

are cross-trained as both fire fighters and paramedics. Part time employees are 

scheduled to work on station based on their availability. Many are career employees 

with other suburban departments. Volunteer positions are entry level and do not require previously obtained certifications or cross training. The department furnishes 

their training and uniforms. The volunteers are scheduled to respond from the station, but serve without pay. 

A fourth classification used to staff emergency responses, but not utilized by 

Miami Township, is paid-on-call personnel. They are paid either by the run or by 

the hour for responding from home to emergencies. 

Revenues to support Miami Township’s Fire and Emergency Medical Service come 

primarily from property taxes with a relatively small supplement derived from billing non-residents for emergency medical response. In addition, a tiny amount is 

available annually (about $4 million divided among the entire state), through grants 

from Ohio’s Emergency Medical Services Board, for training and equipment. 

Introduction 

Increasingly the fire service is the ‘‘go to’’ agency for newly identified needs in the 

area of public safety. The last twenty to thirty years have seen rapidly increasing 

involvement in fire prevention, fire investigations, emergency medical care, hazardous materials, natural disaster mitigation, injury prevention, technical rescue, 

and, most recently, response to acts of terrorism. The fire department is continually 

asked to be Risk Managers for the community and take responsibility for life, property and environmental safety concerns. 

In 1999, James Lee Witt, Director of the Federal Emergency Management Agency, 

recommissioned America Burning. This was in response to a finding that the ‘‘indifference with which Americans confront the subject,’’ which was found by the 1973 

Commission to be so striking continues today. According to the Commission, America today has the highest fire losses in terms of both frequency and total losses of 

any modern technological society. 

The 1999 Commission reached two major conclusions:

1. The frequency and severity of fires in America do not result from a lack of 

knowledge of the causes, means of prevention or methods of suppression. We 

have a fire ‘‘problem’’ because our nation has failed to adequately apply and 

fund known loss reduction strategies. Had past recommendations of America 

41

Burning and subsequent reports been implemented there would have been no 

need for this Commission. Unless those recommendations and the ones that follow are funded and implemented, the Commission’s efforts will have been an 

exercise in futility.

The primary responsibility for fire prevention and suppression and action with 

respect to other hazards dealt with by the fire services properly rests with the 

states and local governments. Nevertheless, a substantial role exists for the federal government in funding and technical support.

2. The responsibilities of today’s fire departments extend well beyond the traditional fire hazard. The fire service is the primary responder to almost all local 

hazards, protecting a community’s commercial as well as human assets and 

firehouses are the closest connection government has to disaster-threatened 

neighborhoods. Firefighters, who too frequently expose themselves to unnecessary risk, and the communities they serve, would all benefit if there was the 

same dedication to the avoidance of loss from fires and other hazards that exists 

in the conduct of fire suppression and rescue operations.

A reasonably disaster-resistant America will not be achieved until there is greater acknowledgment of the importance of the fire service and a willingness at all 

levels of government to adequately fund the needs and responsibilities of the fire 

service. The lack of public understanding about the fire hazard is reflected in 

the continued rate of loss of life and property. The efforts of local fire departments to educate children and others must intensify. Without the integrated efforts of all segments of the community, including city and county managers, 

mayors, architects, engineers, researchers, academics, materials producers and 

the insurance industry, as well as the fire service, there is little reason to expect that a proper appreciation of the critical role played by the fire service will 

materialize, in which case the necessary funding will continue to be lacking.

Losses from fire at the high rate experienced in America are avoidable and 

should be as unacceptable as deaths and losses caused by drunk driving or 

deaths of children accidentally killed playing with guns.

The Congress should increase its involvement in fire loss prevention in America, 

and exercise more fully its oversight responsibilities under the 1974 Act. The 

Congress should also appropriate for the fire problem appropriate resources commensurate with those it provides to community policing or highway safety.

Crime is considered a national problem receiving attention from the federal government in the form of $11 billion, while the fire problem is considered a local and 

state issue receiving federal funds to support the U.S. Fire Administration at $32 

million. The problem is not just a local one: hazardous material releases cross community, county and state borders, vehicles crash and lives are lost on federal highways, natural disasters occur without regard to government jurisdictional boundaries, and terrorists strike federal installations. Who responds to these crises? The 

local public safety services do.


725whit1.eps
42

The FIRE Act is among the most important legislative initiatives offered in recent 

years affecting the fire service. When passed and appropriately funded the FIRE Act 

will enhance a department’s ability to provide an all hazards approach, and not be 

limited to a partial solution to make America a safer place from fires, accidents and 

natural disasters. 

The following is an attempt to provide insight into local needs that have an impact on the national issues affecting public safety. 

The Problem Defined 

Staffing 

As stated previously the fire service has become the ‘‘go to’’ agency for newly identified needs in the area of public safety. The last twenty to thirty years have seen 

rapidly increasing involvement in fire prevention, fire investigations, emergency 

medical care, hazardous materials, natural disaster mitigation, injury prevention, 

technical rescue, and, most recently, response to acts of terrorism. 

Accompanying each emergency response discipline is the need for education and 

continual retraining to maintain skill levels. In a small combination department like 

Miami Township’s the already limited resources are stretched even thinner. A partial solution is the formation of regional response units like the Federal Emergency 

Management Agency’s Urban Search and Rescue Team. Miami Township is then obligated to supply far less personnel and resources than it would take to have full 

responsibility for a unit of this type. However, with the number of regional ‘‘teams’’

needed to respond to hazardous materials incidents, technical rescue incidents, fire 

investigations, and etc. there is still significant pressure placed on a department’s 

resources. 

As mentioned earlier, Clermont County is an Appalachian county. Outside of the 

three or four western most communities Clermont County consists primarily of agricultural land and residents in the low-to-moderate income bracket. The availability 

of personnel with the willingness to volunteer to place their lives in danger responding to other people’s emergencies, the ability to learn and achieve the necessary certifications, and the time to participate as a volunteer is limited. 

In most communities the true volunteer fire fighter or emergency medical technician no longer exists. The vast majority receives some form of compensation—payper-call or an hourly wage—to respond to emergencies from home.

MTF & EMS Employees 1985 1999

Full Time 18 39

Part Time 

(on station) 1 35

Volunteer 129 8

As a rule it is more difficult to find volunteers today that have the time to do 

more than respond to emergencies. Consequently departments struggle with adequate staffing for emergencies as well as fire and injury prevention, hazardous materials, and technical rescue activities. The Insurance Services Office uses 7 volunteers to equal to 1 career employee. Miami Township’s experience is that it takes 

3–4 part time employees to equal one career employee. This has resulted in many 

departments transitioning to part time employees on station, and eventually moving 

to full time personnel. 

The flow chart on the next page illustrates three distinct transition paths identified in the Southwest Ohio area by Chief Stephen Ashbrock of the Indian Hill-Madeira Joint Fire District, while working on his Master’s in Public Administration.

43

Of those few departments who have been able to maintain a significant number 

of volunteer (paid-on-call) members the common statement heard is that things are 

‘‘not like they used to be . . .’’ Today, departments must compete to hire and retain ‘‘volunteers.’’ The competition is among family, jobs, school, civic organizations, and 

neighboring departments, to name some. The increasingly technical nature of the 

fire fighter’s job, reflected in increased state requirements for certification for firefighting, and especially EMS, has been included in discussions about the decreased 

availability of volunteers. In addition, the changing demographics of a community, 

aging of the residents without an influx of younger citizens willing and able to 

serve, contributes to the decrease in available volunteers. 

According to Chief Ashbrock’s research the following chart indicates a significant 

increase in Career and Part Time fire fighters while the numbers of Paid-on-Call 

and Volunteer fire fighters diminished.

1985 1990 1996 % Change 

Career 1065 1060 1253 118

Part Time 269 464 715 266

POC/Vol 953 764 580 –40

Totals 2287 2288 2548 111

The above numbers were derived by adding the claimed number of fire fighters 

on the rosters of the agencies surveyed. The total number of fire fighters, however, 

is suspect due to career and part time fire fighters having memberships in as many 

as four departments (One was found on the roster of five departments!). This phenomenon has become increasingly prevalent since about 1985 and, derived from surveys, likely involves about 15%–25% of the fire fighters locally. With the above 

issues in mind, Chief Ashbrock’s research indicates that there may be about 2,100 

fire fighters filling the 2,548 positions. Please note that the 2,100 figure is less than 

the 1985 estimate of 2,287 fire fighters. 

As a result the Southwest Ohio area is experiencing a wage war among departments hiring part time fire fighters and emergency medical technicians. Several of 

the departments are now paying an hourly wage the same as that earned by their 

career personnel. Some offer limited health benefits. Also, to be competitive in the 


725whit3.eps
44

employment arena, residency requirements have been relaxed or eliminated. This 

impacts the ability of a department to recall its members for the ‘‘big one’’ and expect them to respond in a timely manner. 

Regulations Affecting Departments 

Affecting how departments operate is the myriad of federal and state regulations 

governing everything from how employees are scheduled to how the department 

must operate at the scene of an emergency. 

In Ohio, Townships may not work part time employees more than 1,500 hours unless they offer them the same health insurance program offered their full time personnel. (Municipalities are not constrained by this or a similar law.) A principal reason to hire part time personnel is to avoid the cost of fringe benefits. Since fire departments have year round, 24 hours per day needs the 1,500 hours is a limiting 

factor that causes the hiring of more fire fighters to fill the schedule. The costs associated with the hiring process, outfitting, scheduling and training increase in the 

face of this requirement. 

In 1985 the U.S. Wage and Hour Fair Labor Standards Act was imposed on fire 

departments, especially those working their personnel on a 24 hours on/48 hours off 

schedule. Several amendments have refined the regulations, but one still remains 

that has a serious impact on countywide systems: career personnel may not volunteer during their off duty time for the same department, for that department’s volunteer component. Although not a significant issue in Southwest Ohio this regulation has a serious impact on a department’s ability to provide adequately staffed 

services in Maryland and Virginia, to name two areas of which I am aware. This 

situation creates staffing issues as well as having cost implications. 

The Occupational Safety and Health Administration’s ‘‘2-in/2-out’’ rule requires 

that no interior fire fighting take place until there are two personnel on an interior 

attack hose line and two more on a hose line outside ready to rescue the interior 

crew, if needed. In addition, there must be a fire ground commander and a pump 

operator. Most area departments, including Miami Township, staff their first-out apparatus with two or three personnel. That means that fire fighting is delayed until 

arrival of personnel from another station, or another community under a mutual assistance agreement, or the department invests in increased staffing. While no one 

argues that this is a safer condition for those attacking the fire, in the absence of 

recommended staffing the fire is allowed to grow while waiting for additional troops, 

which, ironically, makes the building less safe for interior operations. This is a staffing, funding, and service level issue. 

On Saturday, July 15, 2000, Miami Township Fire and EMS responded to a fire 

in the local VFW hall. It began in the eave near the incoming power line due to 

an electrical short circuit. All occupants were out of the building on our arrival within 4 minutes of the alarm. Flames were showing at the eave and smoke exiting the 

ridge vent on the roof. Because the first responding pumper had 3 persons on board 

and a supervisor there were not enough personnel to affect an interior attack. The 

second pumper arrived about 3 minutes later and the first attack hose was advanced into the building after the rapid intervention (rescue) team was ready outside. While waiting for the rapid intervention team to arrive and assemble the fire 

was growing rapidly. When the attack team entered the building they had difficulty 

getting at the seat of the fire due to having to breach two ceilings. The fire continued to grow and by now had extended almost the entire length of the building’s 

common attic. Within 15 minutes the roof collapsed: five minutes after evacuating 

all interior attack crews. 

The after-action-analysis suggests that the delay in being able to attack the fire 

contributed to its spread and the ensuing collapse. Fire grows exponentially with 

each passing minute. This was both an OSHA regulation issue and a staffing issue. 

In addition, to infection control regulations, OSHA’s latest foray into the emergency response field is their proposed ergonomics rule. This, too, will have an impact on how a department conducts business. The small volunteer departments that 

have no administrative staff will ‘‘suffer’’ the most under the reporting, tracking and 

training requirements in the proposed ergonomics rule. It will cause additional responsibilities for the already stretched one-person office in Miami Township. 

There are many other federal regulations having an impact on a fire department’s 

ability to provide services. These ‘‘unfunded mandates’’ create administrative and financial burdens. 

The National Fire Protection Association has promulgated voluntary standards 

guiding fire departments in how they operate in the multiple disciplines to which 

they are committed. The NFPA has supported the establishment of minimum staffing per fire apparatus in recognition of studies citing improvement in extinguishing 

fires. A study mentioned in the International City and County Managers Association 

45

publication Managing Fire Services, cites that ‘‘five-person fire suppression companies were judged to be 100 percent effective in their task performance, four-person 

companies 65 percent effective, and three-person companies 38 percent effective.’’ Miami Township affords to have one three-person company and two two-person companies. (The national average was derived from a 1994 study done by the Phoenix 

Fire Department and information from the International Association of Fire Chiefs.)

Although the standards are voluntary the court system has demonstrated they 

recognize them as ‘‘industry best practices’’ and holds a department accountable for 

non-compliance. There is little disagreement that standards are needed to help provide a consistent, effective and efficient service to the community and, many times, 

to protect us from ourselves. However, as with OSHA regulations, there are serious 

costs to comply. 

Cost of Equipment and Technology 

The cost of fire and emergency medical apparatus and equipment has steadily increased over the past 20–30 years. A pumper purchased in the early 1970’s that cost 

$40,000 now costs about $300,000. An ambulance purchased for $25,000 now costs 

$120,000. A defibrillator in the late 1970’s that cost $9,500 now sells for $16,000. 

Technology has driven many of the changes in apparatus and equipment and continues to do so at a rapid pace. 

Miami Township Fire and EMS is faced with replacing its forty-year-old radio system with an 800-megahertz trunked radio system. Touted to be state-of-the-art it 

will cost the community about $250,000–$300,000 (assuming the system performs 

as advertised). This begs the question, will Miami Township receive a benefit equivalent to the cost? I believe not. However, with the Federal Communications Commission shrinking the bandwidth and reassigning the frequencies on which public 

safety operates there is little choice but to ‘‘bite the bullet’’ and make the change. 

Funding 

Miami Township Fire and EMS is almost exclusively funded through property 

taxes. However, in Ohio, property tax millage is rolled back annually to keep the 

dollar amount fixed for the property owner. This method does not keep pace with 

inflation. The six permanent tax levies passed in the 70’s and 80’s, to support Miami 

Township Fire and EMS, have rolled back to about 55 percent of their original 

millage. Unless the community is on a reasonably fast growth track this requires 

going back to the public every few years for increases in property taxes. The irony 

here is that the greater the growth the greater the impact on public safety services. 

The department receives a small amount of additional revenues through billing 

non-residents for emergency medical responses ($65,000 in 1999). Unfortunately, a 

large portion of this amount is used to offset increased costs due to local hospitals 


725whit2.eps
46

discontinuing to restock the supplies used on patients delivered to their facility. The 

Health Care Financing Administration anti-kickback rule has been applied here. 

Representative Robert Ney has introduced HR 557 to provide a ‘‘safe harbor’’ for 

those hospitals and EMS units who participate in a restocking program. In addition, 

a tiny amount ($15,500 for 2000–2001) is received by annually qualifying for train- ing and equipment grants through the Ohio EMS Board ($4 million for the entire 

state). 

Ohio offers three other grant programs for its fire services through the Public 

Utilities Commission Office, Fire Marshal’s office and the Department of Natural 

Resources. Two of the programs are for communities with populations less than 

10,000, and, therefore, do not apply to Miami Township. The PUCO grant targets 

hazardous materials training. However, if Miami Township submits an application 

they will be competing against the Clermont County Local Emergency Planning 

Committee. The Township does get benefit of the training grant through the LEPC, 

so it was decided not to seek the PUCO money. 

Response Times 

An important benchmark for determining level of service to the community is response times. The variables having the most impact on response times are station 

location and career vs. volunteer/paid-on-call personnel. In Miami Township’s case the average response time is a product of station location. There are areas of the 

community that take up to 10 minutes to reach. (The national average was derived 

from a 1994 study done by the Phoenix Fire Department and information from the 

International Association of Fire Chiefs.) A one-year retrospective review of 13,238 

incidents in Clermont County revealed an average response time of 7 minutes 59 

seconds. Some of the volunteer/paid-on-call departments in Clermont County have 

occasional response times as long as 20 minutes.

The American Heart Association issues the only national standard that exists for 

response times. The AHA recommends that basic life support be delivered in less 

than four minutes and advanced life support in less than eight minutes. 

The Insurance Services Office grades a fire department on its response to structure fires only, but does not issue a standard for performance. Nor does ISO grade 

any other services the department may offer. 

Summary 

Over the last several years the fire department has been expected to be the Risk 

Manager for their community and take responsibility for life, property and environmental safety concerns. The service has demonstrated in most communities that 

they are equal to the task. However, many lack the tools to produce an effective 

end product or sustain the effort. If the Fire Service is to continue in this wide-ranging role, and they are willing and capable of doing so, the federal government will 

need to provide some of the funding and technical support needed to address these 

important tasks. This support should be appropriate and ‘‘commensurate with those 

it provides to community policing or highway safety,’’ as stated by the Commission 

in America Burning, 1999. The $32 million provided through the U.S. Fire Administration pales in comparison to the $11 billion funding for criminal justice programs. 

Ostensibly, the federal funding for criminal justice programs receives support because crime is a national problem. Local departments make responses to crashes 

and fires on federal highways and at federal installations. Losses due to fires affect 

the insurance premiums of all citizens across the country. The large losses attribVerDate Apr 24 2002 10:39 May 20, 2003 Jkt 083607 PO 00000 Frm 00050 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\83607.TXT SCOM1 PsN: CAROLT

725whit4.eps
47

uted to fires, in terms of life and property, is not only a national problem, it is a 

national travesty. Our country should be embarrassed to be among the worst of the 

industrialized nations, especially in light of its knowledge of fire prevention, its 

technological capabilities, and wealth. 

In addition, the FIRE Act is broad based allowing 90 percent of the proposed 

funding to be used for equipment, stations, staffing and other life safety programs. 

This flexibility is essential; as it will help local departments deal with the many federal regulations that require the expenditure of limited funds to comply with the 

mandates. 

The FIRE Act is not a magic bullet. It will take commitment by local departments 

to deliver the programs, and expend the energy to make the needed improvements 

in service delivery. This is a cooperative venture, but hinges on the appropriate level 

of support from the federal government. 

I ask that you approve funding for fire prevention and public safety programs at 

$1 billion per year for five years. The fire service has been expert at getting by with 

whatever it was given. It is now time to fund life safety programs at an appropriate 

level. You can save countless lives, reduce suffering, and reduce property loss by 

supporting the FIRE Act. Send a clear message that it is no longer acceptable to 

ignore public welfare when it comes to fire and life safety issues. I urge you to support the FIRE Act and do what it takes to make it happen. 

Appendix 

Northeast Suburban Life 

By Dave Phillips, Editor and Jason Norman, Reporter 

Published: July 19, 2000

Attracting those to carry a person down a ladder from burning buildings, man the 

hoses and hydrants or use the jaws of life to extract a critically-injured driver from 

a mangled wreck is getting more and more difficult. 

Some fire departments are understaffed—mostly in the part-time, supplemental 

area. 

Local fire chiefs agree that less than a full contingent creates dangers to the residents they are paid to protect, and the firefighters themselves. 

Blue Ash Fire Department Chief James Fehr said the city’s department is presently understaffed. 

‘‘We’re in the process of hiring three full-time people,’’ Fehr said. He also said 

they’re trying to hire more part time people. He said it’s become harder to find parttime people. 

He said most part-time firefighters work for three or four departments, hoping to 

latch on full time with one of them. He said one major challenge is keeping parttime workers under the maximum hours they can work. He also said, ‘‘We’re using 

full-time people on overtime.’’

One of the dangers of having an understaffed department, Fehr said, is fatigue. 

‘‘You create a burnout situation,’’ Fehr said. 

Montgomery Fire Chief Paul Wright faces similar problems finding part-time 

staffers. 

‘‘Some of our part-timers work for three or four departments. It has become almost a ‘mercenary’ pool, so a lot of staffers are not as loyal to one department.’’ Getting someone to fill-in for those who call-in when not coming in to fill a shift creates 

major problems, Wright said. 

‘‘A lot has to do with money. A lot of people can go to work in different occupations and make as much money (as we have to offer),’’ Wright said. Montgomery 

starts its part-timers at $9.74 per hour and then in five incremental raise steps to 

$11.35. 

Sycamore Township Fire Department Chief B.J. Jetter said his department is 

presently operating at full-staff. Jetter said his department faces the same strain 

of part-time staffing. ‘‘The part-time program is always an issue,’’ Jetter said. ‘‘It’s 

a county-wide issue.’’

Jetter said he won’t allow his department to become understaffed. He said he feels 

the residents of Sycamore Township are ‘‘pretty well taken care of’’ in terms of fire 

safety. 

Wright says he has a full contingent of nine full-time firefighters/paramedics and 

his roster of 30 part-timers is also full. 

‘‘That gives us five personnel to cover every shift 24 hours per day, seven days 

a week,’’ Wright said. 

48

The Montgomery department also gives its applicants a stiff series of three tests— written, physical and skills. 

Otto Huber, assistant fire chief and chief of operations, said the Loveland-Symmes 

Fire Department is fully staffed with 55–50 full-time firefighters/paramedics or firefighters/EMTs and five office staff. 

One of the reasons LSFD has a full roster is that Huber, a few years ago, brought 

together a few chief from area departments, ‘‘to discuss like problems—especially 

staffing—and the Fire Chiefs Consortium was devised,’’ he said. 

Besides sharing information with one another concerning an employee’s work history, work ethic, etc., the 10 departments that make up the organization save money 

sharing written and physical ability testing, background checks and medical examinations, said Huber. 

Member departments are Anderson, Colerain, Delhi, Green and Sycamore townships in Hamilton County, Mason and West Chester and Union and Miami townships in Clermont County, besides Loveland-Symmes. ‘‘When we went to 100 percent full-time, we corrected a lot of problems,’’ Huber 

said. ‘‘Mercenaries (a term used by most departments for part-timers) don’t enter 

into our picture anymore.’’ He said that there was an economy to using a resource pool and LSFD still uses 

it to fill any openings. 

Huber went on to explain that all 10 departments’ staff is free to chose where 

they wish to work and there is some transferring. LSFD pays firefighter/EMTs $21,000 to start, topping out at $29,000. Firefighters/ paramedics start at $27,500, with the top salary at $38,500. 

Loveland-Symmes is one of only six fire departments in Ohio to achieve a Class 

2 rating from the Commercial Risk Services of the Insurance Services Office and 

that ranking is rough to maintain—especially as far as full-staffed status is concerned. (There are only 17 Class 1 departments nationwide, none in the Buckeye 

State.) 

This highly trained, nationally accredited department employs a staff of 55 and 

operates out of four stations located in strategic areas of Symmes Township and 

Loveland to serve 30,000 residents within 13.8 square miles. 

Wright also said the reason for a shrinking pool of part-timers is that some departments are going to a 100 percent full-time department. ‘‘Forest Park recently did away with its part-timers altogether and now has a department with all full-time staffers,’’ he said. ‘‘Where we used to advertise for supplemental staff, we would get 20 or 30 applications,’’ Wright said. ‘‘Now we get two or three. I guess every organization that is 

hiring has the same problem of a shrinking pool of potential employees. It is just 

our society.’’

The CHAIRMAN. Thank you, Chief Whitworth, thank you for 

being here. The FIRE Act would direct FEMA to award the grants 

on a competitive basis. However, the bill does not provide any specific criteria. Chief Fincher, do you believe the bill should be 

changed to ensure the funding would be available to the neediest 

departments? 

Mr. FINCHER. I am sure that with input from the fire chiefs and 

the firefighters associations working with FEMA in developing a 

grant program and developing a needs assessment of the entire fire 

service of the United States, I trust that we could develop a program like that. 

The CHAIRMAN. Are you worried if we put in a sort of a means 

test that states would then reduce their funding with the philosophy that the Federal government would make it up? Do you see 

my problem here? And I think that is why it is not in the bill as 

written. 

Mr. FINCHER. I do not know if I understand your question exactly. 

The CHAIRMAN. So we say, we write in the bill that we say it is 

a basis of need, that in some part of Nogales, Arizona we know the 

state has funded the least, so therefore the Federal grant money 

would go to it. Sometimes the natural reaction to legislation that 

49

we have seen with other programs is that they then deliberately 

underfund, knowing that the Federal government will intercede. I 

will ask all of the witnesses that question. 

Mr. FINCHER. Well, I would think it should work as the same 

thing as asset forfeiture with the police department, that no way 

can they reduce the budget of the police department because of how 

much money they get through asset forfeiture, and I think the direct grant program to the fire department is the way to make it 

work. FEMA should work directly with the fire department, develop a definition of what a fire department really is and develop 

a needs assessment which may take a year, develop that in association with these same groups here. 

The CHAIRMAN. Mr. Monihan. 

Mr. MONIHAN. I agree there has to be some kind of safety net, 

that seems to be the best. I would point out that there are some 

states that cannot give less. There are—I know a couple volunteer 

departments where after a fire they draw straws to see who is 

going to buy the gas to put in the truck for the next fire. Now, you 

cannot get much further down than that. 

The CHAIRMAN. Mr. Shields. 

Mr. SHIELDS. Mr. Chairman, there may be some sort of a mechanism that we can put in place that would cause successful recipients in those states if their funding were reduced afterwards that 

they would lose a commensurate share of the grant also, which is 

similar to what is done, I think, in matching fund programs for 

health care and that sort of thing. 

The CHAIRMAN. Chief Whitworth. 

Mr. WHITWORTH. Mr. Chairman, Ohio has about five grant programs right now, and most of them are targeted toward the low to 

moderate income communities, most of them targeted toward communities that have 10,000 people or less. That leaves the larger 

communities to fend for themselves. I also know that some of the 

smaller communities have difficulty applying for these grants because of little or no administrative staff to accomplish that. We 

have in our county worked with those low to moderate income communities to try to even that base, provide them the needed staff 

support. I know my community has contributed to that, and we will 

probably continue along those same lines, but it is a struggle, and 

as the gentleman over here said, I am not sure Ohio can fund their 

fire EMS at a much less rate than what they do now. 

The CHAIRMAN. Mr. Monihan. 

Mr. MONIHAN. Excuse me, if I may, the National Volunteer Fire 

Council has been advocating that as part of any sort of a grant program there be grant writing assistance provided by FEMA, or by 

whoever as part of the program because many of the most needy 

departments just do not have anybody to do the grant writing, and 

first of all do not have the talent, second of all do not have the 

time. 

The CHAIRMAN. Sometimes they do not even have the information these grants are available. 

Mr. MONIHAN. That is the other problem. We have a concern 

about a study. Now, I know some sort of a study probably has to 

be done, but a study would be very difficult because it would have 

to really cover all departments, not a statistic, as they say, a statisVerDate Apr 24 2002 10:39 May 20, 2003 Jkt 083607 PO 00000 Frm 00053 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\83607.TXT SCOM1 PsN: CAROLT
50

tically significant sample because there is such a wide variation 

across the country. 

The CHAIRMAN. Well, I thank you. I thank you for all you do. I 

thank you for taking time from your busy schedules to be here 

today. Senator Kerry has been heavily involved in these issues for 

a long time, and we have discussed this issue and we intend to 

work to try to iron out any differences on both sides. This Committee works generally, in fact uniformly on a bipartisan basis, and 

we will look forward to working with you as we develop this legislation. Senator Kerry. 

STATEMENT OF HON. JOHN F. KERRY,

U.S. SENATOR FROM MASSACHUSETTS 

Senator KERRY. [Presiding.] Well, Mr. Chairman, thank you very 

much. First of all, thank you for having this hearing, which we appreciate enormously, and thank you for your testimony, all of you. 

I will be very, very brief. I do not think we need to belabor this, 

but let me say first of all, I have been astounded to learn the degree to which on a national level there is this gap in the available 

resources to firefighters all across the nation. It is really quite remarkable. 

In fact, I was struck that more than two million fires are reported in the United States every year, 4,000 deaths, 24,000 civilian injuries, 8 billion in direct property losses, and 50 billion in 

costs to taxpayers. Obviously more than 80 percent of the yearly 

fire deaths and injuries occur in residential fires, and there is just 

an enormous reluctance for local communities to either live up to 

the responsibilities or in some cases it is impossible for them to live 

up to their responsibilities. Clearly we have a federal priority in 

making sure that people are safe, that our communities are safe, 

and needless to say, most importantly, that those who put their 

lives on the line, they are not doing so without state-of-the-art 

technology, state-of-the-art ability. 

We in Massachusetts regrettably learned this lesson all too 

starkly last year in Worcester where we lost six of our brave, courageous firefighters in a terrible situation where I think the courage of firefighters was underscored all across the nation. These 

firefighters went in to pull homeless people out of a building. In a 

more callous world, I suppose, some people might have sort of had 

a reservation and done a balancing of the equities, but there was 

none of that. People were in there, they went in. No questions 

asked. 

But technologically there were things we might have known, 

things we might have done in terms of tracking. There were things 

we might have done in terms of rescue and so forth that we are 

aware of, but those technologies were not available. 

Everybody expects that kind of uncommon bravery, frankly. It is 

almost so automatic that people expect it, and it is given, and often 

given by people who are volunteers, not even full time. So this legislation is very personal to me and to a lot of us in Massachusetts, 

as it is across the country because we lose firefighters in communities all across the country every year. 

I would like to underscore, therefore, the need to try to provide 

this $5 billion over a 5-year period, which I think is not asking too 

51

much. I am proud to be a sponsor of the legislation, and I am eager 

to see us act on it. 

Now, I was one of the principal people who—in fact, I led the 

fight on the floor of the U.S. Senate—to put 100,000 police officers 

on the streets of America. We ran into resistance from people who 

said, wait a minute, this is a local responsibility. The federal government should not be providing direct money that pays the salary 

or hires the police officer. 

So we had to get over that resistance. But since that program 

passed in 1993, there has been an enormous reduction in crime at 

the national level. Americans are safer, our communities are safer, 

and we have really been able to help leverage behavior at the local 

level. 

I have always viewed the FIRE Act in the same way, but let me 

ask you, gentlemen, each of you, because you come from different 

local communities and different parts of the country. Speak for a 

moment, if you will, to that resistance that still exists among some 

people here, which is why we have not been able to move this yet 

in prior efforts, as to what the compelling rationale is for why the 

Federal government ought to step in to what has traditionally been 

viewed as a local responsibility, and if each of you might say a 

word about that. 

It goes to the question Chairman McCain asked when he said 

what happens if we supply this money, will not the states look and 

say, oh, well, OK, now that the Feds are supplying this we do not 

have to put so much in? We will put it somewhere else, how do you 

prevent that psychology and is this a commitment forever? How do 

you view this? Would each of you maybe address that, Chief 

Fincher, do you want to begin? 

Mr. FINCHER. I would be more than happy to, sir. I do not think 

we are going to have the same problems that they exhibited with 

the police department that type of resistance, because that program 

started without the police up here asking for the program, quite 

candidly. We are here asking for it, and we know what our needs 

are. We have got to develop a needs assessment, but we have got 

these terrorism programs and the mandates that come with it. The 

Department of Defense gave training to 120 of the largest cities in 

the United States plus the equipment to deal with it, but at the 

same time they gave us no money to replace or maintain that 

equipment. They gave us no money to buy vehicles that can carry 

the equipment, they gave us no money for staff to do those operations. 

We are also charged with fixed nuclear facility response, and in 

my city, a city that borders on the State of South Carolina and 

North Carolina, there is a fixed nuclear facility in South Carolina. 

When emergencies happen, it causes our response in a city of a half 

a million that is not even in the same state, so we have those border problems. 

The OSHA 2-in and 2-out, some of these cities like Miami Township cannot physically afford to put 4 people on every piece of apparatus. Some cities have the luxury to be able to do that, and so 

I do not think we are going to have those same types of problems, 

but there is——

Senator KERRY. And, of course, since this is a grant program——

52

Mr. FINCHER. Absolutely. 

Senator KERRY. It would be based on need, correct? 

Mr. FINCHER. Absolutely. It should be based on need, some of the 

needs like Miami Township may be people, mine may be equipment. It may not be staffing. It has got to be training, personnel, 

and equipment, protective clothing, self-contained breathing apparatus with radio interface and the tracking of firefighters like you 

alluded to in Massachusetts. That is critical. 

That transition of technology from defense down to the local fire 

department has got to take place, but right now we cannot afford 

to buy thermal imaging cameras at $15,000 to $20,000 apiece. If 

you only get one or two with a city like Charlotte, North Carolina, 

which has 48 companies, I cannot get that through my budget, and 

neither will the state afford to do that. Education is a top priority 

right now. 

Senator KERRY. A very helpful answer. Mr. Monihan. 

Mr. MONIHAN. To address one of our major problems also, we 

need this money available to assist where retention and recruitment of volunteers because this is another major problem, again 

due to time, and the time factor is worsened every time we have 

to have more training, additional fund-raising all eats up time, and 

so we are anxious to see that. 

Also, I quite frankly, Mr. Kerry, I do not know what the psychology is here in Washington to be so reluctant to support the fire 

service. I have been on the stump since 1979 with the volunteer 

fire assistance program, and I must say that Congress has been 

very, very supportive of us because the volunteer fire assistance 

program was totally zeroed out at one point. It has never been fully 

funded, as Congressman Weldon said, but it was totally zeroed out 

for about 4 years in a row by the administration, both sides of the 

aisle, and the Congress has come to our rescue. 

I do not honestly know. I do know that there has to be some sort 

of a fence built around the grants that prevent state and localities 

from reducing their participation. 

Senator KERRY. In other words, the existing funding should be 

held harmless somehow. 

Mr. MONIHAN. If they reduce their contribution, then the Federal 

grant goes away, and I think that has to play hard ball. 

Senator KERRY. Yes. 

Mr. MONIHAN. There are State and local interests and priorities, 

and one of the questions that Senator McCain mentioned in the beginning was with all the surpluses in the states and so forth right 

now——

Senator KERRY. Why can’t they do it? 

Mr. MONIHAN. What success are we having. Well, unfortunately 

it varies across the country, but there has actually been very little 

success for getting funding for the fire service because there are 

other local priorities. There are health care priorities, there are 

educational priorities and tax reductions, because that is politically, as you well know, very vital this time of year, or this year, 

so we have not had a lot of success across the country, and I think 

that is probably true throughout all facets of the fire service, not 

just the volunteer. 

53

Senator KERRY. Does anybody else want to add to that? You do 

not have to, but if you want to——

Mr. SHIELDS. Senator Kerry, thank you for the opportunity. As 

I said to Mr. McCain, or Senator McCain—I am not sure that you 

heard my comments, but there is a different situation in every 

State. 

Obviously, you know that well, in Arizona in this time of booming economies and budget surplus is that we have been struggling 

with a formula, a court-mandated formula for equalization of school 

funding in addition to the tax cuts movement that the fire chief has 

talked about, and although there is a shared revenue formula from 

the State back to the local governments to support local services 

and fire departments are part of that, there is always a move in 

the State legislature in Arizona to reduce that percentage, and so 

we are always in a position of fighting for what we have. 

It is not a question of can we improve the fire service in Nogales 

or Flagstaff or Bisbee. It is a question of, can we maintain what 

we have, even in a good economy, so I believe and the IAFF believes that there is a role for the Federal government. 

We do not believe that it should be the major or even a major 

funding source for local fire services, but in these areas of deficiency the training we talk about, in some cases staffing, and definitely the equipment and equipment maintenance, health and safety programs, that the Federal government could take the lead that 

it has in law enforcement and education and in transportation and 

put that same concern into the fire service and help us with these 

situations that protect lives. 

Mr. WHITWORTH. Mr. Kerry, thank you for the opportunity to 

comment. Miami Township is funded at the local level, strictly 

through property taxes, and 85 percent of the property tax bill that 

each resident pays goes to support the school system. The remaining 15 percent is then divided among county services and the local 

services. 

As far as Ohio is concerned, I did mention earlier that they offer 

several grant programs. My best guesstimate is that that is to the 

tune of $8 million or less annually. That primarily is geared to 

training through the public utilities commission, the Ohio Department of Natural Resources offers a rural fire grant, as well as the 

fire marshal’s office. 

The EMS board offers some reimbursement for training and 

equipment. We competed this year. It is a competitive grant program. We competed this year, and managed to get the whopping 

sum of $15,000, so I will try to use that wisely, and I will spend 

it all in one place. 

We are also finding that Ohio is reducing the fire marshal’s 

budget each year. There is pressure to reduce 2 percent and 5 percent, so consequently they are trying to keep up the same programs 

and, very frankly, the funding that they do offer to some of the 

small rural departments is in jeopardy because of that. 

We also have to comply with Federal mandates, OSHA, FCC, 

wage and hour, Fair Labor Standards Act. We have Federal highways running through our community, and all of those have an impact. 

54

What we would ask for is for this to be a partnership, not, as Mr. 

Shields says, simply one-sided funding, that this partnership that 

the government would be entering into with state and local governments to help support and provide those services for our nation’s 

firefighters, improve their safety. 

Senator KERRY. Just a quick question. What would be the first 

thing that you would want to apply for? 

Mr. FINCHER. In Charlotte, North Carolina? 

Senator KERRY. Yes, the first thing you would want from a grant. 

Mr. FINCHER. I would like to develop our terrorist program to 

where I can provide adequate response to any types of acts of terrorism, equipment maintenance, wellness fitness programs, health 

and safety programs. 

Senator KERRY. Well, the first thing. You have got a list, obviously, but I want to know the first thing. 

Mr. MONIHAN. Unfortunately I did not bring a list. 

Senator KERRY. What is the first thing you would think of? 

Mr. WHITWORTH. Probably training, generalized training. 

Senator KERRY. Mr. Shields. 

Mr. SHIELDS. For the cities that I spoke of, I would say staffing. 

Senator KERRY. Staffing levels. 

Mr. SHIELDS. The smaller cities I spoke of. 

Mr. MONIHAN. Training. 

Senator KERRY. What happens when you talk to your local officials about this, both state and local? Do they simply say to you, 

we just do not have the ability, we cannot? What comes back to 

you? 

Mr. FINCHER. Right now, just keeping up with growth. With the 

economy like it is and the cities expanding through annexation, 

just keeping up with the growth is expanding my budget 10 percent a year. 

Senator KERRY. Well, I understand that, but—oh, you mean just 

in terms of additional departments? 

Mr. FINCHER. Absolutely. 

Senator KERRY. Additional personnel. 

Mr. FINCHER. Hiring additional personnel, training them and 

equipping them, is increasing my budget already beyond what the 

city’s growth and revenue is. 

Senator KERRY. Well, there is obviously no more important task 

than providing fire protection to people in the community. If the 

community is growing, does the community not have a responsibility—and this is a question we get asked here—to assess accordingly? 

Mr. FINCHER. Yes, it does. 

Senator KERRY. I mean, is the community and all the local politicians simply trying to avoid local responsibility and shove it up to 

the federal government and say, hey, you guys give us the money, 

we are not asking for the taxes? 

Mr. FINCHER. I do not know if I am the adequate person to respond to that type of comment, sir, but I think there is a move on 

at every local level to keep taxes on property at a certain level. 

Education is high on every local list. 

Senator KERRY. We like to give tax cuts, too. 

Mr. FINCHER. Yes. 

55

Senator KERRY. So I mean, there is a little of that going on, 

maybe. What do you think, Mr. Shields? 

Mr. SHIELDS. Senator Kerry, I deal with a lot of elected officials 

in a lot of cities, and I think one of the biggest problems that we 

face as advocates for the fire service is that the citizens themselves, 

and the elected officials, do not sense a problem for us of the magnitude that we would, for instance, with law enforcement. When 

gangs were on the rise, and that sort of thing—— Senator KERRY. They feel it every day. 

Mr. SHIELDS. Oh, yes. The problem of the day, and the squeaky 

wheel, and to a degree that is still true. 

Education in Arizona, we rank dead last in the country in per 

capita spending for education, so it is easy for them to focus on and 

natural for them to focus on, I think, the sort of problems of the 

day. 

They tend to look at firefighters and emergency medical responses as a problem that we have solved and taken care of, because it is not that squeaky wheel and has not been out there on 

the forefront, but that does not take into account that through all 

these means and mechanisms that you have heard about is that we 

have just patched together systems in different ways in different 

communities, whether it is volunteer or paid, to make do. That is 

the nature and the sort of history of the fire service. 

Senator KERRY. Sure. 

Mr. SHIELDS. We are here today to highlight the fact that it is 

time to sort of come into the next millennium in our thinking on 

supporting our people, safety so that we can better protect the people that we serve. 

Senator KERRY. Well, you are doing a good job of it, and I appreciate all of you taking the time to be here and share that with us. 

As I said earlier, I am convinced we in the federal government 

do have a role. We have, indeed, made these mandates. We have 

national priorities that are reflected in what happens in cities and 

towns. Clearly for the training, for the certain kinds of technology, 

for other kinds of things, we ought to be able to be helpful. I think 

our help can leverage greater local and state participation, and I 

think that ought to be one of the roles here. So we need to structure this grant program in a way that does that. 

I am asked by the Chairman if I would announce that the record 

will stay open for 2 weeks for potential additional statements and/

or questions by other members who are not able to be here today. 

I want to thank each of you. 

Is there anything you have not had a chance to say, or some 

point that you would like to make that you think is important before we close the hearing? 

Mr. MONIHAN. I would like to add to something Mr. Shields just 

said. You know, in some respects we are our own worst enemy. 

When the alarm comes in we go fight the fire. We are playing in 

an environment that does not work that way, and we are not in 

a position to be able to play the game, and unfortunately it is a 

big issue. 

For example, you lost six firefighters. It is a big issue when that 

happens, but then it is very quickly forgotten, and most of the people who die die in ones and twos. It is in the newspaper in the 

56

morning, somebody says, isn’t that a shame that baby burned to 

death, and they keep right on going. 

So in my own state we have the luxury of having tremendous 

support from the state and also from the city government. I have 

always said, if every fire department in the country had the support that we have in Lewes, there would not be any problem, but 

that is not true across the country, and we have a mutual aid 

agreement that says—it is not a written agreement. It says, ‘‘you 

call, we haul,’’ so we make do with what we have, and that is our 

biggest shortcoming, I think, as far as influencing people who play 

by different rules. 

Senator KERRY. Well, I am well aware of that, and obviously, 

when you look at the total statistics that I recited earlier, you see 

it in the conglomerate, and you are absolutely correct. If you have 

a fire and it hits a particular defined community people are very 

aware of it. The people outside kind of gloss by it and say, oh, gosh, 

you know, another one. Until you have a very significant disaster 

that hits a larger area, people do not really connect to it, and everybody assumes you know. 

You drive by the firehouse and see the fire engines, see the folks, 

and say oh, OK, that is what it is. You do not think about the numbers of people, or what kind of shifts there may be, or how welltrained people are, or whether or not the equipment is up to date. 

There is a lot that is, indeed, taken for granted. 

Mr. MONIHAN. It is only a little over a month since Los Alamos, 

New Mexico almost burned down. You see nothing in the press 

about it. Nobody talks about it. It is past. 

Senator KERRY. Understood. Well, point well-made. That is why 

you have got some strong advocates up here, and hopefully we will 

get this done. I thank you all very, very much for taking the time 

to be with us today. 

We stand adjourned. Thank you. 

[Whereupon, at 11:15 a.m., the Committee adjourned.] 

(57)

A P P E N D I X

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN MCCAIN TO

CHIEF LUTHER L. FINCHER, JR. 

Question 1. As I noted earlier, state governments are reporting record surpluses 

each year and, as you well know, traditionally, fire protection has been funded at 

the state and local level. What programs are in place at the state level to help meet 

the needs of the fire and emergency services? 

Answer. Traditionally, fire and rescue departments are funded locally. Most states 

do not have fire operations under their jurisdictions although most have state training programs and a state fire marshal function.

Question 2. Are you taking steps to enact funding programs similar to the FIRE Act 

at the state level? 

Answer. Many state fire service organizations have approached state legislatures 

but uniformly without success.

Question 3. I understand that based on each of your experiences you have reached 

the conclusion that the fire and emergency services are in need of increased federal 

funding. Have any of your organizations conducted an empirical study to pinpoint 

where additional funding would be most helpful? 

Answer. No. The International Association of Fire Chiefs would strongly support 

a national survey of America’s fire and emergency service to identify critical needs.

Question 4. I realize the lure of federal funding can be very appealing. In the past, 

however, we have seen similar grant programs evolve and become burdened with 

federal requirements that usurp local control of government. Do any of you have 

concerns that federal mandates may eventually be a part of the grant program you 

envision? 

Answer. There already are federal mandates in a number of areas of fire service 

operations (e.g., bloodborne pathogens, hazardous materials, self contained breathing apparatus, vehicle standards, communications equipment, EMS). We doubt 

there would be new federal mandates as a result of a competitive grant program. 

A major purpose of the program will be to bring fire and emergency departments 

up to current federal and consensus standards to ensure safe operations for fire 

fighters/medics as well as the public they serve.

Question 5. What information was used to derive the $1 billion per-year funding 

level? 

Answer. Representative Pascrell developed this funding level without consultation 

with this organization.

Question 6. The bill would allow the use of the grants to hire personnel. I can see 

how this would help the career departments but what does the bill do to help attract 

and retain volunteer fire fighters? 

Answer. The primary assistance for volunteer fire departments will be in the form 

of training, providing personal protective equipment, supplying sufficient self contained breathing apparatus, and helping to ensure safe fire and rescue vehicles. The 

purpose of the legislation is safety and health for emergency responders. To the extent volunteer fire and rescue departments can demonstrate safer operations that 

will assist in recruiting and retaining volunteer members.

Question 7. The bill would allow the use of the grant money for wellness and fitness 

programs. Can you describe to me what specific need this addresses and how this 

need is currently going unmet? 

Answer. One of the major safety issues for fire and rescue personnel is fitness and 

wellness. Many of the large, well-funded fire departments have fitness/wellness programs to improve service delivery and to reduce fire fighter injury and death. Fitness/wellness is just one of many aspects in preparing personnel and departments 

to respond safely and to operate effectively. This is an unmet need in the preparedness of the medium sized and smaller departments.

58

Question 8. As currently drafted, the FIRE Act provides no mechanism for auditing 

the grants made under the program to ensure that the funds are being used for the 

appropriate purposes nor does it include provisions to measure the effectiveness of 

the program over time. Would you support the inclusions of such provisions in the 

bill? 

Answer. Yes. An audit function MUST be a provision in the enabling legislation 

and the implementing regulations.

Question 9. In the Senate version of the FIRE Act, ten percent of the funds are set 

aside for education programs. However, fire departments would not be the only organizations that would qualify for the funds, but national, state, local or community 

organizations as well. What is the position of the IAFC/IAFF/NVFC regarding nonfire service organizations qualifying for these funds? 

Answer. As we stated in our testimony, the ICHIEFS preference would be for the 

grant program to be exclusively for the fire and emergency service.

Question 10. Reviewing the list of uses for the grant funds, I question whether serious thought was given to targeting these funds on challenges national in scope and 

whether departments would use the funds to address actual needs rather than to 

purchasing ‘‘wants.’’ How can we ensure that individual applications demonstrate an 

actual need for these funds? 

Answer. A national needs assessment would enable FEMA to adopt a strict criteria against which applications for grant funding would be judged. It will be the 

responsibility of the grant administrator, reviewing grant requests on a competitive 

basis, to ensure that funds are appropriately directed.

Question 11. During the testimony, one of the witnesses suggested that the average 

amount of a grant would be relatively small based on the number of fire departments in this country. On the other hand, these funds would be exhausted in short 

order if every department seeking grants used the funds to purchase apparatus. Do 

you support the use of these funds for purchasing apparatus and what type of impact would this have on reducing the threat of fire and other dangers in our nation? 

Answer. We do not support using the funds to purchase apparatus.

Question 12. Would you support a requirement for departments seeking funds to 

provide National Fire Incident Reporting data to the United States Fire Administration? 

Answer. Yes. I testified for ICHIEFS before the Subcommittee on Basic Research 

of the House Committee on Science March 23, 1999 as follows:

‘‘. . . to substantially increase funding for the National Fire Incident Reporting 

System. This is an extremely important recommendation since the mission of 

the U.S. Fire Administration cannot be fully implemented until a detailed analysis documents the full extent of our nation’s fire problem. Accurate and complete fire loss information is critical for the complete analysis and documentation of the nation’s fire problem. It is essential to track cause of fire, fire injuries and deaths, arson patterns, the effectiveness of fire prevention programs, 

and other information needed for the U.S. Fire Administration to identify a plan 

of action.

‘‘Federal programs designed to support state and local law enforcement are 

based largely on statistical evidence demonstrating and identifying areas that 

would benefit from such support and assistance. For decades, law enforcement 

has had a national incident reporting system that covers just about 100% of 

America. Not so with the fire incident reporting system.

‘‘There is a clear need for an updated and mandatory fire reporting system. This 

will help identify areas where federal support can make a critical difference in 

local fire and emergency response, and enhance the ability of the federal government to design appropriate programs to assist local fire departments with 

their protective mission.’’

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN MCCAIN TO

E. JAMES MONIHAN

Question 1. As I noted earlier, state governments are reporting record surpluses 

each year and, as you well know, traditionally, fire protection has been funded at 

the state and local level. What programs are in place at the state level to help meet 

the needs of the fire and emergency services? 

Answer. The degree to which state and local governments fund their emergency 

service varies across the nation. However, regardless of the assistance received at 

59

the local and state level, it does not change the fact that the federal government 

does have a role in supporting the emergency services. The fire service’s ever-increasing responsibilities are a consequence of both local directives and actions of the 

federal government. The federal government is asking the fire service to respond to 

calls involving terrorism, hazardous materials, natural and man-made disasters and 

wildland/urban interface fires. In addition, many of these emergencies occur on federal properties such as national parks and lands, interstate highways and in federal 

buildings.

Question 2. Are you taking steps to enact funding programs similar to the FIRE Act 

at the state level? 

Answer. Part of the National Volunteer Fire Council’s (NVFC) membership is 

made up of each state association. The NVFC serves as a conduit of information between those state associations regarding programs being worked on at the state 

level. Unfortunately, the degree to which state governments fund their emergency 

service varies across the nation.

Question 3. I understand that based on each of your experiences you have reached 

the conclusion that the fire and emergency services are in need of increased federal 

funding. Have any of your organizations conducted an empirical study to pinpoint 

where additional funding would be most helpful? 

Answer. The NVFC has not conducted an empirical study to pinpoint where additional funding would be most helpful. However, we feel there has long been a need 

to perform a nationwide fire service needs assessment in the fire service. This assessment would help the federal government to better understand just how severe 

the shortages in some fire departments are. 

We think that an organization with a substantial knowledge of the fire service 

and a proven track record of gathering data should conduct this type of survey. 

However, due to the large diversity of the fire service, a statistical sample may not 

tell the whole story. The needs of this nation’s rural volunteer fire departments 

must be accounted for. In addition, any nationwide assessment survey should come 

under the direction and be funded by the U.S. Fire Administration.

Question 4. I realize the lure of federal funding can be very appealing. In the past, 

however, we have seen similar grant programs evolve and become burdened with 

federal requirements that usurp local control of government. Do you have any concerns that federal mandates may eventually be a part of the grant program you envision? 

Answer. The fire service already has to deal with unfunded mandates that have 

come down from federal government. The federal government has told the fire service the minimum amount of firefighters needed to attack a fire, and has asked the 

fire service to respond to calls involving terrorism, hazardous materials, natural and 

man-made disasters and wildland/urban interface fires. These are just a few of the 

burdens and requirements that we are already dealing with without monetary support. Therefore, the prospect of ‘strings’ being attached is nothing new. 

In addition, when federal dollars are used to build new interstate highways, they 

often run through small communities protected by a volunteer fire department. 

These small town fire companies must respond to a huge influx of auto accidents, 

some involving hazardous materials. They are already struggling to handle their 

own needs and finances, and are now forced to provide more services, and receive 

no compensation for their responses. 

Finally, we suggest that stakeholders such as the NVFC should be a part of developing criteria for these grants to ensure that they do not become burdened with federal requirements that usurp local control of government.

Question 5. What information was used to derive the $1 billion per-year funding 

level? 

Answer. The $1 billion per-year funding level was a number come up with first 

by Rep. Curt Weldon (R-PA) and Rep. William Pascrell (D-NJ) when they introduced 

the FIRE Act (H.R. 1168). Sen. Mike DeWine (R-OH) and Sen. Christopher Dodd 

have included the same funding level in the Senate version of the FIRE Bill (S. 

1941). With some fire apparatus costing more than $500,000 and other new life saving but expensive technology constantly becoming available, this funding level is 

necessary to properly assist the more than 30,000 fire departments in the United 

States.

Question 6. The bill would allow the use of the grants to hire personnel. I can see 

how this would help the career departments but what does the bill do to help attract 

and retain volunteer fire fighters? 

60

Answer. Constant fundraising demands are intertwined into every aspect of volunteer fire and emergency services, affecting the recruitment of new members, the 

retention of existing members, and the ability to train members. If a volunteer fire 

department is better equipped, the firefighters can spend more time training and 

less time fundraising. In addition, the NVFC does support adding a provision to this 

bill that would allow volunteer fire departments to apply for grants in order to carry 

our recruitment and retention programs. Also, some fire departments can use the 

grant money to hire staff to supplement their volunteers in the daytime when many 

volunteers are unavailable.

Question 7. The bill would allow the use of grant money for wellness and fitness 

programs. Can you describe to me what specific needs this addresses and how this 

need is currently going unmet? 

Answer. According to the National Fire Protection Association, heart attacks are 

the number cause of death in the fire service. Unfortunately, most volunteer fire departments do not have the resources to implement a program to keep their firefighters in proper physical shape.

Question 8. As currently drafted, the FIRE Act provides no mechanism for auditing 

the grants made under the program to ensure that the funds are being used for the 

appropriate purposes nor does it include provision to measure the effectiveness of 

the program over time. Would you support inclusions of such provision in the bill? 

Answer. YES.

Question 9. In the Senate version of the FIRE Act, ten percent of the funds are set 

aside for education programs. However, fire departments would not be the only organizations that would qualify for the funds, but national, state, local, or community 

organizations as well. What is the position of the IAFC/IAFF/NVFC regarding nonfire service organizations qualifying for these funds? 

Answer. The NVFC has always advocated a program where funds go directly to 

individual fire departments. However, if the provision allowing other non-fire groups 

to qualify for the funds were in the final bill, we would support any of their efforts 

to reduce fire deaths in the United States.

Question 10. Reviewing the list of uses for the grant funds, I question whether serious thought was given to targeting these funds on challenges national in scope and 

whether departments would use the funds to address actual needs rather than to 

purchasing ‘‘wants.’’ How can we ensure that individual applications demonstrate an 

actual need for these funds? 

Answer. It must be left up to the fire department applying for the grant to show 

there is a real need for these funds. The grant review process must take into account a department’s budget, the area protected, etc. In addition, stakeholders such 

as the NVFC should be a part of developing criteria for these grants to ensure that 

they are targeted on challenges national in scope.

Question 11. During the testimony, one of the witnesses suggested that the average 

amount of a grant would be relatively small based on the number of fire departments in this country. On the other hand, these funds would be exhausted in short 

order if every department seeking grants used the funds to purchase apparatus. Do 

you support the use of these funds for purchasing apparatus and what type of impact would this have on reducing the threat of fire and other damages in our nation? 

Answer. The NVFC does support the use of funds to purchase or refurbish apparatus. However, this legislation addresses your concerns that the funds may be exhausting too quickly by containing a provision allowing only 25% of the funds to go 

to purchasing apparatus.

Question 12. Would you support a requirement for departments seeking funds to 

provide National Fire Incident Reporting data to the United States Fire Administration? 

Answer. The NVFC does support a requirement for departments seeking funds to 

provide National Fire Incident Reporting data to the U.S. Fire Administration. If 

more departments provide information to the National Fire Incident Reporting System (NFIRS), we would better be able to grasp the depth of the fire problem in the 

United States. However, it must be noted that many volunteer fire departments lack 

the time and resources to be able to report this data. 

61

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN MCCAIN TO

BILLY SHIELDS

Questions 1 and 2. As I noted earlier state governments are reporting record surpluses each year and, as you well know, traditionally, fire protection has been funded at the state and local level. What programs are in place at the state level to help 

meet the needs of the fire and emergency services? 

Are you taking steps to enact funding programs similar to the FIRE Act at the 

state level? 

Answer. A variety of programs exist in different states, many of which are included in the data Senator DeWine’s office compiled and provided to your staff. But 

clearly states need to do more. As proponents of the FIRE Act, we do not envision 

the federal government becoming the major or even a major funder of the fire service. That responsibility will continue to rest with states and localities, and we call 

on all states to do whatever they can to ensure adequate funding of the fire service. 

We are certainly sympathetic to concerns that the federal government should not 

be thought of as a first alternative when it comes to funding. Federal funds should 

not go to jurisdictions where there are untapped financial resources. We would 

therefore support requiring grant applications to include a discussion of alternative 

sources of funding. Such a requirement would enable FEMA to take local financial 

conditions into account in deciding which grant applications are most deserving. 

But the issue before Congress is not whether the states are doing enough, but 

whether the federal government is doing enough. While fire protection will always 

be primarily a local government responsibility, there clearly is a federal role. Numerous aspects of fire protection ranging from border issues to hazardous material 

transportation to terrorism have a major federal component, yet the federal government has yet to live up to its responsibility to shoulder its fair share of the funding 

burden. 

Moreover, the federal government already spends billions of dollars every year to 

support such local government functions as law enforcement, education and roads. 

Providing federal funding for a wide variety of local government services, while denying any support for the fire service based on the argument that it is a local responsibility is tantamount to discriminating against me because I am a fire fighter. 

Teachers and cops are not told ‘‘go talk to your Governor,’’ so why should I be?

Question 3. I understand that based on each of your experiences you have reached 

the conclusion that the fire and emergency services are in need of increased federal 

funding. Have any of your organizations conducted an empirical study to pinpoint 

where additional funding would be most helpful? 

Answer. As I discussed in my testimony, the IAFF conducted a survey of our State 

Associations. While unscientific, the survey provides a shocking glimpse of just how 

dire the funding situation is. For example 3 out of 4 fire departments are currently 

estimated to be operating with unsafe staffing levels. We would certainly support 

a more scientific survey of fire department needs to help pinpoint areas of greatest 

need, but there is no need to hold up the legislation while the survey is being conducted. We already know a great need exists, and it would be a waste of precious 

resources to study what is essentially a rhetorical question.

Question 4. I realize the lure of federal funding can be very appealing. In the past, 

however, we have seen similar grant programs evolve and become burdened with 

federal requirements that usurp local control of government. Do any of you have 

concerns that federal mandates may eventually be a part of the grant program you 

envision? 

Answer. Because the FIRE Act would require fire departments to seek funding 

for specific purposes rather than general operating expenses we believe the program 

is much less susceptible to being burdened with federal requirements. But even if 

it were, we would not view this as an impediment to enacting the legislation. If the 

federal government did choose to attach strings to the funding, localities would be 

free to avoid federal entanglements simply by not applying for a grant.

Question 5. What information was used to derive the $1 billion per-year funding 

level? 

Answer. We were not involved in the initial drafting of the legislation where the 

$1 billion figure first surfaced, but we can assure you that this amount is more than 

fully justified. The actual need is much greater. It is important to note that the $1 

billion figure is an authorization, not an appropriation. Congress would be free to 

appropriate whatever amount it deemed appropriate each year, so long as it did not 

exceed $1 billion. For example, the Local Law Enforcement Block Grant program 

is authorized at $2 billion a year, but is appropriated at approximately $500 million.

62

Question 6. The bill would allow the use of the grants to hire personnel. I can see 

how this would help the career departments but what does the bill do to help attract 

and retain volunteer fire fighters? 

Answer. Volunteer fire departments are often the ones most in need of funding 

for a variety of essential fire service needs such as equipment and training. More 

training and equipment could help lead to more volunteer fire fighters. In areas 

where there simply are not enough people willing to volunteer, funding could be 

used to hire a few paid fire fighters to supplement the work of the volunteer fire 

fighters thus assuring the continued role of the volunteer fire company.

Question 7. The bill would allow the use of grant money for wellness and fitness 

programs. Can you describe to me what specific need this addresses and how this 

need is currently going unmet? 

Answer. Physical fitness is an absolute must in the fire service. If a fire fighter 

is not in prime physical condition, he or she can not perform their duties and they 

jeopardize not only their own safety but also the safety of other fire fighters at the 

scene, and ultimately the public. Wellness/Fitness programs—which include such 

things as nutrition counseling, smoking cessation programs, and exercise—have 

proven effective in promoting a physically fit workforce. 

In Phoenix, our wellness/fitness program resulted in a dramatic decline in the 

number of Workman’s Compensation claims and days lost due to injury. Unfortunately, most fire departments are unable to afford such a program or this is the last 

priority in their budgets which never gets funded.

Question 8. As currently drafted, the FIRE Act provides no mechanism for auditing 

the grants made under the program to ensure that the funds are being used for the 

appropriate purposes nor does it include provisions to measure the effectiveness of 

the program over time. Would you support the inclusions of such provisions in the 

bill? 

Answer. Yes.

Question 9. In the Senate version of the FIRE Act, ten percent of the funds are set 

aside for education programs. However, fire departments would not be the only organizations that would qualify for the funds, but national, state, local or community 

organizations as well. What is the position of the IAFC/IAFF/NVFC regarding nonfire service organizations qualifying for these funds? 

Answer. We believe money provided under the FIRE Act should go to local fire 

departments, which are quite capable and have a long history of running effective 

fire prevention education programs.

Question 10. Reviewing the list of uses for the grant funds, I question whether serious thought was given to targeting these funds on challenges national in scope and 

whether departments would use the funds to address actual needs rather than to 

purchasing ‘‘wants.’’ How can we ensure that individual applications demonstrate an 

actual need for these funds? 

Answer. First, the matching fund requirement assures that localities are committed to expending their own resources. We would not be averse to increasing the 

match required if this became a significant obstacle to passage of the legislation. 

Second, FEMA should be directed to consider the seriousness of the need in deciding which grant applications to award. The number of applications is sure to dwarf 

the funds available, so FEMA would be able to assure that FIRE Act funding only 

go to jurisdictions that can demonstrate a compelling need.

Question 11. During the testimony, one of the witnesses suggested that the average 

amount of a grant would be relatively small based on the number of fire departments in this country. On the other hand, these funds would be exhausted in short 

order if every department seeking grants used the funds to purchase apparatus. Do 

you support the use of these funds for purchasing apparatus and what type of impact would this have on reducing the threat of fire and other dangers in our nation? 

Answer. We believe the amount used to purchase apparatus should be severely 

limited to ensure that funding is available to protect fire fighter health and safety 

through better equipment, training and staffing.

Question 12. Would you support a requirement for departments seeking funds to 

provide National Fire Incident Reporting data to the United States Fire Administration? 

Answer. Absolutely. 

63

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN MCCAIN TO

CHIEF JAMES WHITWORTH

Question 1. As I noted earlier, state governments are reporting record surpluses 

each year and, as you well know, traditionally, fire protection has been funded at 

the state and local level. What programs are in place at the state level to help meet 

the needs of the fire and emergency services? 

Answer. Ohio offers grants through the State Fire Marshal’s Office, Ohio Department of Natural Resources, and the Ohio Department of Public Safety Division of 

Emergency Medical Service. The Fire Marshal’s grant is directed toward volunteer 

departments serving communities with a population of 10,000 or less. The annual 

grant offered $1,388,236 for the 2000 fiscal year. The Fire Marshal received 546 applications requesting over $7.3 million. 

The Ohio Department of Natural Resources directs their small grant program toward rural fire departments and is a cost-sharing grant for minor fire fighting 

equipment or training. As you can imagine the response to their grant is similar 

to that experienced by the Fire Marshal’s Office. 

The grant program offered by the Ohio Department of Public Safety Division of 

Emergency Medical Service is focused on emergency medical service training, equipment, and research. The amount available for fiscal 2000 is about $4 million. All 

public emergency medical services and those private services under contract to a 

municipality or township qualify for this grant program. Miami Township was 

awarded about $15,300 split 60/40 between training and equipment. 

Ohio also offers a low interest loan program for small rural communities to build 

fire stations and purchase apparatus.

Question 2. Are you taking steps to enact funding programs similar to the FIRE Act 

at the state level? 

Answer. To my knowledge there has not been a recent effort to increase funding 

for Ohio’s fire service similar to the FIRE Act. Currently the Ohio Fire Chief’s Association, Fire Fighter’s Association, and Professional Fire Fighter’s Association are 

trying to discover why, in the face of increasing revenues from insurance premiums, 

the budget for the Fire Marshal’s Office is shrinking. The funds are the sole support 

for the Marshal’s Office and the State Fire Academy.

Question 3. I understand that based on each of your experiences you have reached 

the conclusion that the fire and emergency services are in need of increased federal 

funding. Have any of your organizations conducted an empirical study to pinpoint 

where additional funding would be most helpful? 

Answer. I am not aware of any empirical studies conducted in Ohio to pinpoint 

or prioritize where money should be spent to have the greatest impact on service 

delivery to its citizens. However, it is difficult to do meaningful empirical studies 

when the fire departments are the ‘‘go-to’’ agencies, doing almost all types of emergency service. Most programs have been designed to address the needs identified in 

America Burning, the statistics generated by the National Fire Incident Reporting 

System, and the report generated in the 1970’s regarding the delivery of emergency 

medical services on our national, state and local roadways.

Question 4. I realize the lure of federal funding can be very appealing. In the past, 

however, we have seen similar grant programs evolve and become burdened with 

federal requirements that usurp local control of government. Do any of you have 

concerns that federal mandates may eventually be a part of the grant program you 

envision? 

Answer. Certainly, I am concerned about additional mandates affecting how service is delivered on the local level. However, we are currently saddled with multiple 

unfunded mandates that have a profound effect on our ability to deliver services at 

the local level. As cited in my written testimony we are required to follow regulations promulgated by the U.S. Department of Labor, U.S. Environmental Protection 

Agency, U.S. Occupational Safety and Health Administration, Federal Communications Commission, etc. In addition, there are standards making organizations, such 

as the National Fire Protection Association, that establish important safety and operating standards. However, the result is the same as with federal regulations: no 

money or resources are provided to achieve the utopian world created in the regulations and standards. We are left to conduct even more pancake breakfasts, bingos, 

or request the community to fork over more of their hard earned money in the form 

of property taxes. And, when taken to court after an unfortunate incident, the department is held to those standards. 

Many departments operate with minimal or no training, inadequate or no fire 

fighter protective clothing, inadequate or unsafe apparatus, minimal or inadequate 

tools, provide no public education or fire safety inspections, etc. If federal mandates 

64

to improve community safety and the safety of the emergency responder are imposed and, are accompanied by adequate federal funding, then we, and those we 

serve, are better off.

Question 5. What information was used to derive the $1 billion per-year funding 

level? 

Answer. I do not know. And, I am concerned that it may not be enough to bring 

local emergency response agencies to an adequate level to address the myriad of 

needs in our communities today, and comply with federal regulations and standards. 

But, it is a start.

Question 6. The bill would allow the use of the grants to hire personnel. I can see 

how this would help the career departments but what does the bill do to help attract 

and retain volunteer fire fighters? 

Answer. With all due respect, the staffing issue is exceedingly more complex than 

your question implies. Many of the medium and small size departments employ a 

combination of career, part time, paid-on-call and volunteer employees. These departments are a result of evolution due to a lack of volunteers who have the time 

to be trained to an adequate and safe level, and commit to emergency responses. 

The true volunteer is a dying breed. I believe that in most regions of the country 

those we call volunteers are actually paid-on-call (for a flat fee or an hourly rate) 

and respond from their homes and businesses when they are available. 

Yes, there are those who are willing to be true volunteers. However, what motivates them to make this most serious of commitments, and take personal risks to 

serve strangers for multiple years, varies almost by the individual. Some desire simply to serve their fellow man. Others want quality training and equipment. Some 

need the camaraderie of a group united in a single purpose. And, there are those 

that are only interested in the excitement provided by the use of lights and sirens. 

Still others desire a supplement to their income, health insurance coverage, or a 

small retirement benefit. 

Successful volunteer recruitment and retention are based on providing a variety 

of opportunities and ‘‘benefits’’. There is no ‘‘one size fits all’’ solution.

Question 7. The bill would allow the use of grant money for wellness and fitness 

programs. Can you describe to me what specific need this addresses and how this 

need is currently going unmet? 

Answer. Over 100 fire fighters died in the line of duty during 1999. About half 

of the deaths were due to a cardiac event. Although not quantified in the studies 

I have read, many of these deaths were likely due to a lack of physical conditioning 

in a physically demanding profession. Many times the fire fighter goes from being 

at rest to a high level of physical activity for several hours, in a very short time 

period. Even when the tone sounds and the incident is for another station the fire 

fighter who gets to stay at the station or home receives an auto-injection of adrenalin. This is called ‘‘alarm-stress’’. Over the years this takes its toll on an emergency 

responder’s physical plant. 

There are thousands of emergency responders (career, part time, paid-on-call, and 

volunteer) who are injured every year. Many of these injuries are consistent with, 

and likely due to, a lack of adequate physical conditioning. 

Miami Township is fortunate to be able to provide a small exercise room with 

minimal aerobic and strength conditioning equipment (some provided by employees) 

in each of our three stations. In addition, we reimburse an employee’s monthly 

membership fee (about $20) at a local exercise club, if they exercise 8 times that 

month. However, this is not the case among smaller departments or those with 

fewer resources than Miami Township: especially those departments who are volunteer and/or paid-on-call. 

This points out the importance of having flexibility to use the FIRE Act funds in 

the manner most beneficial to the local emergency response agency and its community.

Question 8. As currently drafted, the FIRE Act provides no mechanism for auditing 

the grants made under the program to ensure that the funds are being used for the 

appropriate purposes nor does it include provisions to measure the effectiveness of 

the program over time. Would you support the inclusions of such provisions in the 

bill? 

Answer. Grant money without strings is unheard of in today’s world. However, 

the smaller the department the less able they are to provide the administrative accountability and clerical support to satisfy any but the simplest grant accounting 

requirements. This presents a ‘‘Catch-22’’ situation wherein a department will need 

to hire someone to administer a grant thereby needing additional funds just for this 

purpose. 

65

Miami Township assisted a couple local departments with their initial application 

for Ohio’s Department of Public Safety Division of Emergency Medical Service grant 

when they were first offered in the early 1990’s. The positive side of this grant is 

that there is minimal follow-up reporting required. The downside is that the grant 

awards are generally small and narrowly focused on emergency medical training 

and equipment. 

Audit mechanisms and criteria to measure program effectiveness must be kept to 

a minimum, especially for small and volunteer departments. Also, the application 

process needs to be simple so as not to discourage medium and small departments 

from applying.

Question 9. In the Senate version of the FIRE Act, ten percent of the funds are set 

aside for education programs. However, fire departments would not be the only organizations that would qualify for the funds, but national, state, local or community 

organizations as well. What is the position of the IAFC/IAFF/NVFC regarding nonfire service organizations qualifying for these funds? 

Answer. This is a bill to fund fire and emergency services. The intent is to improve fire and emergency service response to the wide variety of emergencies confronting our communities today, as well as helping us make our communities safer 

through early mitigation and public education. Miami Township has an active and, 

we believe, effective public safety education program. The bill, as I understand it, 

would allow another non-fire community organization to qualify for funding to offer 

competing/duplicate programming. I’m not jealous, but I am concerned that this will 

dilute the already minimal funds proposed in the FIRE Act. In turn, this will likely 

have a negative impact on the funds available to Miami Township for meaningful 

improvements in the areas in which they are needed. 

Miami Township tries to expend the valuable funds we receive from the public 

in the most efficient manner possible. If measures can be included in the FIRE Act 

to avoid duplicate or unnecessary programming I would feel a little better about the 

designation of ten percent of the funding to education programs. (However, as was 

discussed in the question regarding the accountability of grant funds, this type of 

provision would undoubtedly cause a more complicated application and grant review 

process.)

Question 10. Reviewing the list of uses for the grant funds, I question whether serious thought was given to targeting these funds on challenges national in scope and 

whether departments would use the funds to address actual needs rather than to 

purchasing ‘‘wants.’’ How can we ensure that individual applications demonstrate an 

actual need for these funds? 

Answer. The further from the source that funds are distributed the more likely 

that fraud and frivolous spending will occur. Without putting an expensive bureaucracy in place to oversee the spending I am not sure that anyone can give you assurances that needs and not ‘‘wants’’ are met. I can say that Ohio already disburses 

money to the emergency services and has mechanisms in place to oversee appropriate spending of grant funds, without creating a daunting application and accountability process. 

As far as assuring that the funds are targeted on challenges of national scope let 

me reiterate that the fire loss and fire injury problem is a national travesty. Also, 

local emergency responders attend to emergencies on federal highways and in federal installations, respond to terrorist acts, respond to hazardous material releases 

that cross local and state boundaries, and first respond to natural disasters that 

occur without regard to political jurisdictions. Most of the resources and assets 

needed to address national issues are the same as those needed for response to 

‘‘local’’ emergencies.

Question 11. During the testimony, one of the witnesses suggested that the average 

amount of a grant would be relatively small based on the number of fire departments in this country. On the other hand, these funds would be exhausted in short 

order if every department seeking grants used the funds to purchase apparatus. Do 

you support the use of these funds for purchasing apparatus and what type of impact would this have on reducing the threat of fire and other dangers in our nation? 

Answer. Apparatus and equipment do not reduce the threat of fire. However, they 

are instrumental in the process to minimize the impact of the disaster on the critical infrastructure and our nation’s citizens. Miami Township has a need to replace 

its aging fleet of emergency response apparatus, and through creative financing 

methods we are slowly managing to fill that need. Our critical need is for personnel 

to meet the safety standards and regulations imposed on us. The point is, every department will not need to purchase apparatus, or hire people, or implement public 

66

safety education programs. The bill allows for flexibility to fund the most critical 

needs of the local emergency response agency and its community. I agree that $1 billion per year disbursed across this great country will pale in 

comparison to the actual need. However, Miami Township is not looking to the federal government to provide for all our community’s emergency response needs. 

Miami Township is looking for a partner to help address the federal regulations and 

standards we are required to meet. Miami Township is looking for a partner to help 

us respond to emergencies that occur on the interstate highway that bisects our 

community. Miami Township is looking for a partner to help us protect the nations 

critical infrastructure. Miami Township is looking for a partner to help us prepare 

for response to a release from the Uranium Hexafluoride shipments traveling from 

Portsmouth, Ohio to a Nevada waste site, and to respond to acts of terrorism. 

My compatriot is right. The average potential grant award would be small when 

spread across all the nations fire departments. However, we need to start somewhere and the FIRE Act is the appropriate means.

Question 12. Would you support a requirement for departments seeking funds to 

provide National Fire Incident Reporting data to the United States Fire Administration? 

Answer. NFIRS data is critical to defining the problem and tracking improvements in the fire and emergency response field. In addition to tying a reporting requirement to the grant, consideration should be given to providing funding to assist 

a department in meeting the reporting requirement. There will probably be some 

fire departments that will not participate in NFIRS data submissions or the grants 

resulting from the FIRE Act. However, efforts should be made to encourage participation in both. 

PREPARED STATEMENT OF ROBERT A. DIPOLI, CHIEF, NEEDHAM FIRE DEPARTMENT, NEEDHAM, MASSACHUSETTS

Introduction 

My name is Robert A. DiPoli. I am the Fire Chief in Needham, Massachusetts, 

a suburb of Boston. I am a thirty-year veteran of the Fire Service and Fire Chief 

for the past twelve years. In addition, I am the Past President of both the Fire 

Chiefs Association of Massachusetts and the New England Division of the International Association of Fire Chiefs. For three years, I traveled all over the United 

States in a campaign effort for Vice President of the International Association of 

Fire Chiefs. I currently serve as Director of Governmental Affairs, for the Fire 

Chiefs Association of Massachusetts. 

Statement 

Mr. Chairman. Let me begin by thanking you for holding a hearing on the FIRE 

ACT. I was present in your chambers, but not on the panels. I thought the hearing 

was sincere, and some legitimate issues were discussed. 

While, I have a pretty good handle of the issues facing the nation’s Fire Service, 

I will concentrate on matters closer to home. For the past twelve years, I have been 

at the helm of the Needham Fire Department. Needham is a fairly affluent community of approximately thirty thousand people, located to the southwest of Boston. 

The Interstate I–95 corridor runs through the community, as well as rail lines. 

Needham is in a heavily traveled flight path, from Logan International Airport. The 

Needham Fire Department is a career department, with seventy full time employees. The department responds to approximately three thousand emergency calls per 

year. These calls are a mix of fire responses and emergency medical calls. The department operates a fleet of apparatus consisting of three Pumping Engines, one 

Ladder Truck, two Rescue Ambulances and numerous small vehicles. The apparatus 

is housed in two stations. 

Proposition 21⁄2, a tax limiting measure was enacted by a statewide election in 

1981. This measure limits new revenue by property taxes to 21⁄2% per year. Even 

in a robust economy, the cost of operating the fire department increases by at least 

that much. Fuel costs have doubled in the last year alone. Education takes the lion’s 

share of the available revenue each year, leaving the remaining services to compete 

for what is left. My instructions each year as I prepare my operating budget, is to 

level fund the fire department. When you factor in cost of living raises and inflation, 

I lose a piece of the department every year. I have been forced to layoff young firefighters, just starting out in their careers. My department runs apparatus short 

staffed every day. Most days, whole companies are placed out of service. This hampers our ability to protect our citizens, as well as contribute to our Mutual Aid program to the thirty-three communities in our region. 

67

You raised a question about, what is the State doing for the Local Fire Departments. We are probably better off than most, when it comes to State involvement 

of the local fire service. This is due to a combination of innovative and aggressive 

leadership of the fire chiefs in the state, along with a good level of respect and cooperation of our state legislators. We have a highly effective State Fire Marshals 

Office that provides many support services to the local fire departments. We have 

an excellent Statewide Regional Hazardous Materials Response Program. We have 

an excellent State Fire Training System. We witnessed the effectiveness of these 

services recently, during the Worcester Fire tragedy. 

We also have fire departments operating out of station houses condemned by the 

local building inspector. We have fire departments responding to alarms in apparatus that should have Antique plates on them. What we are lacking is a program 

to assist the poorer communities in building new stations and acquiring new apparatus. We are not looking for a free lunch program, or a federal bailout for local 

services. 

We need the FIRE ACT, and the assistance it will provide to America’s domestic 

defenders. We need to take a positive step to reduce the loss of life and property 

damage every day across our great nation. I cannot think of a better investment of 

some federal dollars, than preventing fires, and the resulting losses. 

Thank you for allowing the hearing on this badly needed legislation, and for the 

opportunity to add my testimony. Please support the FIRE ACT! 

THE PROOF IS IN—THERMAL IMAGERS SAVE LIVES! 

Of all the operations in which thermal imaging can improve a firefighter’s tactics, 

this technology probably has its most dramatic impact on search and rescue operations. Firefighters using thermal imaging cameras have regained their vision and 

can now quickly navigate to identify victims based on sight. 

In the past year, Bullard, the leading thermal imager manufacturer in the US, 

has been tracking stories from the field—about firefighters who have rescued civilians and firefighters who have been spared from injury when they were using a 

Bullard Thermal Imaging Camera on the job. These stories are summarized as follows.

Four Lives Spared/Florence, SC/May 22, 2000—A strip mall fire on May 22 in Florence, South Carolina, nearly took the lives of four firefighters who were battling the 

blaze. These firefighters narrowly escaped a building collapse when a concealed ceiling fire nearly cut off their exit. 

Firefighters arrived on scene around 1:30 a.m. Firefighter/Driver Phillip Lee 

pulled one of the department’s Bullard Thermal Imagers from Engine 141 and entered a front window to size up the fire. Lieutenant Jim Sills employed another 

Bullard Thermal Imager to help the two-person attack team begin their navigation 

through the building. 

Though the smoke was blinding, Lee was able to see fire conditions clearly with 

the Bullard Thermal Imager. ‘‘It was so hot in the room that my skin was tingling. 

I trained the camera on the ceiling, and I saw a solid pure white image, with a 

brighter white in the front of the room,’’ Lee said. ‘‘The fire had spread through the 

ceiling and was already behind the crew, cutting off our exit.’’

Lee sensed an imminent structural collapse and reported the situation to Lieutenant Charles Matthews, who was in command inside the structure. Lieutenant Matthews responded quickly. ‘‘I told them to get out, and get out now. Within just a 

few minutes, the building collapsed where we had been working.’’

Lee believes that without the thermal imager, the crew could have easily been 

trapped in the building. ‘‘The building was built with bowstring construction, and 

the metal has a tendency to give when it gets hot. We would have never thought 

the fire could have gotten behind us like that. Without the thermal imager, the 

building would have fallen in on us,’’ he said.

Thermal Imager Helps Five Firefighters Escape Before Collapse/Windham, NH, 

March 17, 2000—On Friday, March 17 at about 2 a.m., the Windham Fire Department was dispatched to a fire at a strip mall. The structure was filled with heavy 

smoke, and indications were that the fire had started on the lower level. With 

Bullard Thermal Imager in hand, Lieutenant Jay Moltenbrey took the lead position 

into the smoke-filled lower level, followed by Firefighter Tom McPherson and Firefighter Mike Mistretta. A second crew of two made separate entry on the same level 

to search for the source of the fire. 

Though the smoke was blinding, Moltenbrey was able to see with the thermal 

imager. Training the imager on the ceiling, he saw that the entire ceiling showed 

68

as gleaming white on the screen, indicating that it contained heavy concealed fire. 

Moltenbrey sensed an imminent structural collapse and pulled both crews out of the 

building. Just five minutes later, the ceiling collapsed. 

Fire Chief Steven Fruchtman said the incident could have turned out very differently if thermal imaging technology hadn’t been available on the scene. ‘‘Had the 

camera not been available, I believe there would have been some serious firefighter 

injuries or even a fatality due to the heavy loads above when the floor collapsed,’’

he said. 

Lieutenant Moltenbrey agrees. ‘‘If we hadn’t had the camera, we would have 

pushed in further looking for the seat of the fire, and we probably wouldn’t have 

looked in the ceiling. Truss floors are lightweight and strong, but when you add 

heat and fire, they fail very quickly. About half of firefighter deaths in the US are 

caused by collapses of buildings of lightweight construction,’’ he said.

43 Year-Old Man Rescued/Enterprise, Ala./February 19, 2000—When firefighters 

arrived at Jimmy Ray Huguley’s house at 6:30 p.m. on February 19, flames were 

shooting out of the windows, and bystanders reported that a voice had been heard 

coming from the front bedroom. Firefighter Tim Driscoll led a team of three with 

the department’s Bullard Thermal Imager in hand—breaking the bedroom window 

and climbing through it to search for the victim. 

After navigating around the bed in zero visibility, Firefighter Driscoll identified 

the shape of Mr. Huguley’s body on the screen of the thermal imager—lying facedown on the floor of the bedroom. Firefighter Driscoll picked up the victim and 

passed him out the window to Firefighter Eric Massey and Lieutenant Michael 

Kelley. Seconds after Mr. Huguley was removed, there was a flashover in the bedroom. Driscoll quickly jumped through the window, escaping the structure without 

injury. Mr. Huguley is currently in critical condition at the University of Alabama 

Birmingham. 

Enterprise Fire Department Chief Byron Herring explained that the camera allowed firefighters to immediately find the victim. ‘‘Due to the smoke and excessive 

heat, the firefighters would not have had time to find him under normal procedures,’’ Chief Herring said. ‘‘Without the camera, there’s no doubt in my mind that 

we would have had loss of life in the building.’’

Firefighters Use Camera to Escape Flashover/Monroe, Ohio/January 8, 2000—A 

house fire in Monroe, Ohio, that took the lives of three civilians on January 8 nearly 

took the lives of two firefighters who were battling the blaze. Firefighters Scott 

Clasgens and Andrew Turner narrowly escaped entrapment after a nearby room exploded in flames. Their comrades used the department’s Bullard Thermal Imaging 

Camera to find them and lead them to safety. 

Firefighter Clasgens recounted the situation. ‘‘We tried to get out of the house, 

but there were flames in the stairwell on one end of the hallway, and flames shooting out of the bedroom on the other end. We were trapped in about a three by three 

space,’’ he said. ‘‘All kinds of things flash through your mind in a situation like that. 

When we perceived we were trapped, the heat seemed even hotter.’’

At that point, Firefighter Turner made a distress call on his radio: ‘‘Mayday, Mayday, Mayday, firefighters trapped.’’ Firefighters Verdin and King were on their way 

out of the structure when they heard the call. Using their thermal imaging camera 

to navigate, they rushed into the hallway, extinguishing flames on the staircase, 

and found their comrades in about 20 seconds. Clasgens estimates that without the 

thermal imaging camera, it could have taken three to four minutes for Verdin and 

King to find them ‘‘by feel’’ in the hallway. 

Fire Chief Mark Neu said that the situation could have turned out very differently if thermal imaging technology hadn’t been available on the scene. ‘‘We could 

have lost two firefighters that day,’’ Chief Neu said. ‘‘I can’t tell you how happy I 

am that we had that camera.’’

Elderly Woman Rescued/Somers, Conn./Dec. 23, 1999—When firefighters were 

called to the home of Antoinette Pirog, they had a report of an elderly bed-ridden 

woman trapped in the house. Firefighter Steve Minikowski arrived on scene with 

the protection of a hoseline and the Bullard Thermal Imaging Camera. 

Minikowski recounted the scene from his perspective. ‘‘I scanned to the right and 

saw that the kitchen was clear. Then I scanned to the left into the living room, and 

I saw her right away—about 15 feet away from the camera. She really stood out 

because she was the hot spot in that particular room. She showed as glowing white 

on the screen.’’

Minikowski carried Pirog out of the house, while Van Tassel navigated with the 

thermal imaging camera. The rescue was made about 15 seconds after entry into 

the burning structure. Pirog was quickly lifted into the ambulance and rushed to 

69

Johnson Memorial Hospital in Stafford, where she was treated for smoke inhalation 

and released later that night.

Toddler Rescued/Franklin, Ind./Oct. 9, 1999—Two year-old Zachary Sheets was 

lying face down in the hallway outside of his blazing bedroom, barely breathing 

when firefighters arrived on the scene. Two firefighters charged through the thick 

black smoke into Zachary’s room, knocking down the fire with their hoseline and 

beginning a search of the room on their hands and knees. 

Mark Hash arrived with the second unit and ran into the house with the Bullard 

Thermal Imaging Camera. Within seconds of entering, he saw the heat signature 

of Zachary’s body on the screen of the camera, tapped Firefighter Tim Coble for assistance and quickly removed the toddler. 

Firefighter Mark Hash recounted the rescue from his perspective. ‘‘He jumped 

right out at me. There was no mistaking him for anything else. In the screen of the 

camera, he looked like a baby doll as plain as day lying on the floor.’’

Speedy Search Aides Rescue/Charlottesville, Va./July 21, 1999—When Charlottesville Firefighter Mike Oprandy forced open the door of the burning house, the smoke 

was so thick that he might as well have had his eyes shut. Somewhere in that house 

was Jesse Wicks, and Oprandy knew that he would find him. 

Crawling along the floor with his camera, Oprandy searched the first level of the 

structure in less than a minute in zero visibility. Oprandy and another firefighter, 

Clinton Wingfield, moved swiftly to second level of the home, finding the stairs easily with the camera. When they forced open the door at the top of the stairs, Wicks 

was sitting on his bed. Firefighters safely removed him to the fresh air outside. 

Battalion Chief Charles L. Werner said thermal imaging technology was critical 

in saving the 43 year-old man’s life. ‘‘Without the camera, it would have taken us 

five minutes to search through the thick smoke before going to the second floor. And 

after five minutes, Mr. Wicks would have suffered serious injury and most likely 

would have died from smoke inhalation.’’

Firefighters Avoid Falling Through a Floor/Delta Township, Mich./July 8, 1999 —

When firefighters near Lansing, Michigan responded to a call in July about house 

fire, they arrived to find the structure filled with blinding smoke and the fire burning through the roof. Firefighters were uncertain about whether anyone was trapped 

inside when they forced open the kitchen door. 

Fire Marshall Paul Fabiano led with the Bullard Thermal Imager. ‘‘The kitchen 

was black with smoke, so we couldn’t see anything without the camera,’’ Fabiano 

said. ‘‘When I scanned the floor, I saw that the first part of the kitchen floor was 

still intact, but the center of the floor was completely gone. So we turned around 

and made entry through the front door.’’

Fabiano continued, ‘‘Firefighters are trained to ‘‘sound’’ or test the floor while 

crawling along. In the heat of the excitement and the with the possibility of trapped 

people, the firefighters may have hurried and actually gone through the floor.’’

Firefighters Escape Before Roof Collapse/Granbury, Tx./December 29, 1998—The 

Granbury, Texas, Volunteer Fire Department was called to a fire at an old wooden 

auto repair warehouse in this community just outside of Fort Worth. They entered 

the office area and scanned the ceiling, seeing that the support beams were almost 

completely burned through in several locations. Firefighters evacuated. Minutes 

later, the building collapsed where they had been standing. 

Captain Scott Cook of Granbury was one of the four firefighters who escaped. ‘‘No 

firefighters were trapped; no one was injured, and the fight continued. This entire 

event occurred less than 5 minutes after the initial entry. Without the view the 

imager gave us, the four-man crew might not have come out,’’ Cook said.

Æ