GA Code § 25-4-7 (2021)
2021 Georgia Code|Title 25 - Fire Protection and Safety|Chapter 4 - Firefighter Standards and Training|§ 25-4-7. Functions and Powers of Council and Volunteer Council

  The council is vested with the following functions and powers:   To promulgate rules and regulations for the administration of the council;   To provide rules of procedure for its internal management and control;   To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter;   To establish uniform minimum standards for the employment and training of full-time firefighters, part-time firefighters, airport firefighters, fire and life safety educators, fire inspectors, fire investigators, and other such firefighting service professionals as determined by the council, including qualifications, certifications, recertifications, decertifications, and probations for certified individuals and suspensions for noncertified individuals, and requirements, which are consistent with this chapter;   To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full-time firefighters, part-time firefighters, airport firefighters, fire and life safety educators, fire inspectors, and fire investigators;   To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training full-time and part-time firefighters and full-time and part-time firefighter recruits, including airport firefighters;   To make or support studies on any aspect of firefighter education and training or recruitment;   To make recommendations concerning any matter within its purview;   To establish basic firefighter training requirements for full-time, part-time, and contract firefighters, including airport firefighters;   To certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this subsection and the qualifications for employment covered in this chapter; and   To issue a certificate to any person who has received training in another state or who has received training as a federal firefighter by the United States government, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter.     The volunteer council is vested with the following functions and powers:   To promulgate rules and regulations for the administration of the volunteer council;   To provide rules of procedure for its internal management and control;   To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter;   To establish uniform minimum standards for the training of volunteer firefighters, including qualifications, certifications, and requirements, which are consistent with this chapter;   To make or support studies on any aspect of firefighter education and training or recruitment;   To make recommendations concerning any matter within its purview;   To establish basic firefighter training requirements for volunteer firefighters;   To certify any person satisfactorily complying with the training program established in accordance with paragraph (7) of this subsection and the qualifications for serving as a volunteer firefighter covered in this chapter; and   To issue a certificate to any person who has received training in another state or who has received training as a federal firefighter by the United States government, when the volunteer council has determined that the training was at least equivalent to that required by the volunteer council for approved volunteer firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter.     All rules and regulations promulgated by the volunteer council may be overturned by a two-thirds' vote of the council. In such instance, the rule or regulation shall be returned to the volunteer council for reconsideration.    (Ga. L. 1971, p. 693, § 6; Ga. L. 2003, p. 888, § 6; Ga. L. 2005, p. 619, § 2/SB 308; Ga. L. 2008, p. 243, § 4/SB 414; Ga. L. 2016, p. 64, § 3/HB 727; Ga. L. 2020, p. 515, § 9/SB 342.)    The 2016 amendment,  effective April 26, 2016, substituted "fire inspectors, fire investigators, and other such firefighting service professionals as determined by the council" for "fire inspectors, and fire investigators," in the middle of paragraph (4); and inserted "contract," in paragraph (9).    The 2020 amendment,  effective January 1, 2021, designated the existing provisions as subsection (a); substituted "firefighters, part-time firefighters," for "part-time or volunteer firefighters" in paragraphs (a)(4) and (a)(5); inserted a comma following "council" in paragraph (a)(4); inserted "full-time and part-time" twice in paragraph (a)(6); substituted "firefighter" for "fire-fighting" in paragraph (a)(7); substituted "and contract firefighters" for "contract, and volunteer firefighters" in paragraph (a)(9); substituted "subsection" for "Code section" in paragraph (a)(10); and added subsections (b) and (c).   Editor's notes.   - Ga. L. 2008, p. 243, § 1/SB 414, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the '2008 Georgia Firefighter Standards and Training Council Act.'"   Law reviews.   - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).   OPINIONS OF THE ATTORNEY GENERAL    Georgia Firefighter Standards and Training Council has authority to establish qualifications and requirements,  including curriculum, for firefighters and employing agencies, and any waiver of curriculum requirements or new categories of certification can be authorized only by amendment of existing regulations or promulgation of new ones. 1977 Op. Att'y Gen. No. 77-44.   Minimum requirements for inmate firefighters.    - Inmate firefighters should be considered volunteer firefighters as defined in O.C.G.A. § 25-4-3 and not a separate category. The Georgia Firefighter Standards and Training Council has the authority to set minimum requirements for volunteer firefighters, the category to which inmates belong, serving as firefighters on fire departments as defined in O.C.G.A. § 25-3-21 and to establish and modify by rule and regulation minimum requirements for such fire departments generally, regardless of whether the departments are staffed solely or partially with inmate firefighters. 2012 Op. Att'y Gen. No. 12-4.   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 48 et seq.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 42 et seq.