CHAPTER 570
H.P. 1311 - L.D. 1789
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §2101, sub-§§3 and 4 are enacted to read:
3. Education. "Education" means the process of imparting knowledge or skill through systematic instruction, but not necessarily formal classroom instruction.
4. Training. "Training" means the process of making a firefighter proficient through instruction and hands-on practice in the operation of equipment, including respiratory protection equipment, that is expected to be used in the performance of the firefighter's assigned duties.
Sec. 2. 26 MRSA §2102, as corrected by RR 1997, c. 1, §25, is amended to read:
§2102. Firefighter training and education
1. Training and education requirements. Each fire department shall provide a training and education program which that meets the fire department's needs and includes the following:
A. Training and education in accordance with Title 30-A, section 3154, subsection 2;
B. Training and education in the use of protective equipment required by this chapter;
C. Training and education by the fire chief or his the fire chief's designee in accordance with National Fire Protection Association standards;
D. Training and education to prevent occupational accidents, deaths, injuries and illnesses;
E. Training and education for all firefighters commensurate with the duties that they are expected to perform prior to performing those duties;
F. Training to ensure that the firefighters are able to perform their assigned duties in a manner safe to themselves and others;
G. Basic training covering all areas specified by this chapter provided to firefighters before performing interior structural fire fighting;
H. Training and education in the safe handling and use of hazardous substances for firefighters required to handle the substances. Training and education must include the potential hazards involved and the required personal hygiene and protective measures; and
I. Training and education in the care, use, inspection, maintenance and limitations of the protective equipment assigned to fire department firefighters or available for their use.
2. Records. Each fire department shall maintain complete records of individual training and education for firefighters.
Sec. 3. 26 MRSA §2103, as amended by PL 1987, c. 552, §§1 to 3 and c. 769, Pt. B, §7, is further amended to read:
§2103. Standards for equipment and clothing
Any Unless otherwise specified, any reference in this section to a standard is to the most recent standard in effect.
1. Protective equipment. Except as provided in subsection 2, the The fire department shall provide each firefighter with the appropriate equipment to protect the firefighter from the hazards of the work environment to which the firefighter is likely to be exposed. The firefighter shall use the protective equipment whenever exposed to the hazards for which that equipment is provided. If a fire department purchases new protective equipment, that equipment must meet the standard in effect at the time of the purchase. If a fire department acquires protective clothing that is not new, that protective clothing must, at a minimum, meet the standards that were in effect in 1987. Any protective clothing that was purchased or acquired prior to 1987 that does not meet National Fire Protection Association standards must be replaced. Protective equipment must consist of:
A. Protective clothing;
B. Head protection;
B-1. Helmet ensemble, including eye and face protection;
C. Foot protection;
D. Hand protection;
E. Eye and face protection;
F. Hearing protection; and
G. Self-contained breathing apparatus.
2. Protective equipment; volunteer fire association. A volunteer fire association shall provide protective equipment for at least 2 firefighters. A firefighter shall use protective equipment whenever exposed to the hazards for which that equipment is provided.
3. Protective clothing. Protective clothing consists of a coat and trousers or a coverall designed to provide body protection from moisture, flames, radiant heat, contact with caustic or toxic materials and other harmful exposures to a firefighter. Purchases of new protective clothing by a fire department must meet or exceed the National Fire Protection Association standards.
4. Head protection. A firefighter's helmet must be a light-colored, nonconductive material. Dark-colored, nonconductive helmets may be used if reflective tape is applied to the exterior sides of the helmet. Purchases of new helmets by a fire department must meet or exceed 29 Code of Federal Regulations, Part 1910, General Industry Standards of the Occupational Safety and Health Administration, subpart L.
4-A. Helmet ensemble. Purchases of new helmet ensembles by a fire department must meet or exceed National Fire Protection Association standards.
5. Foot protection. All firefighters' boots must have a puncture resistant, slip resistant sole. Purchases of new boots by fire departments must meet or exceed the American National Standards Institute standard Z41.1 and 29 Code of Federal Regulations, Part 1910, General Industry Standards of the Occupational Safety and Health Administration and National Fire Protection Association standards.
6. Hand protection. Hand protection consists of heat insulating gloves or mittens which that are not readily flammable. Purchases of new hand protection by a fire department must meet or exceed 29 Code of Federal Regulations, Part 1910, General Industry Standards of the Occupational Safety and Health Administration and National Fire Protection Association standards.
7. Self-contained breathing apparatus. Purchases of new respiratory apparatus by a department must be classified as pressure demand, self-contained meet National Fire Protection Association standards and have a minimum of 1/2 hour normal service life plus an additional 1/2 hour capacity in a spare cylinder. The entire unit must meet the Mine Safety Health Administration, the National Institute for Occupational Safety and Health and the National Fire Protection Association standards.
Self-contained breathing apparatus must contain a minimum air supply of 80% 90% of the rated capacity of the cylinder to be considered in-service.
Purchases of new harnesses for respiratory apparatus by a fire department must be constructed of fabric that provides thermal protection consistent with the minimum requirements for protective clothing. Harnesses must be certified by the National Institute for Occupational Safety and Health.
8. Personal alert safety system. Each firefighter wearing a self-contained breathing apparatus must be provided with and shall use a personal alert safety system device in a hazardous area. The device must meet National Fire Protection Association standards. Purchases of new personal alert safety system systems, PASS, by a fire department must meet or exceed the National Fire Protection Association standards.
9. Fire service life safety rope, harness and hardware. Purchases of new fire service life safety rope, harness and hardware by a fire department must meet National Fire Protection Association standards.
10. Hearing protection. Each fire department shall provide and each firefighter shall use hearing protection when the firefighter is operating or riding on fire apparatus and is subject to noise in excess of 90 decibels. Hearing protection must be provided and used when the firefighter is exposed to noise in excess of 90 decibels from power tools or equipment, except in situations when the use of the protective equipment would create an additional hazard to the user. Hearing protection must conform to Occupational Safety and Health Administration standards, 29 Code of Federal Regulations, Section 1910.95.
Sec. 4. 26 MRSA §2104, sub-§1, as enacted by PL 1987, c. 356, is amended to read:
1. Eye, face protection. Each fire department shall provide and each firefighter shall use eye and or face protection, or both, when the firefighter is engaged in fire suppression and other operations involving hazards to the eyes and face at all times when the face is not protected by the full facepiece of self-contained breathing apparatus.
Sec. 5. 26 MRSA §2104, sub-§2, as enacted by PL 1987, c. 356, is repealed.
Sec. 6. 26 MRSA §2105, sub-§1, as enacted by PL 1987, c. 356, is amended to read:
1. All components, air supply devices, personal alert safety system devices and warning devices. A complete inspection of all components, air supply devices, personal alert safety system devices and warning devices to be performed after each use and:
A. For volunteer associations and on-call fire departments, every month; and
B. For full-time fire departments, every week;
Sec. 7. Effective date. This Act takes effect July 1, 2005.
Effective July 1, 2005.
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