739 KAR 2:050 - Volunteer fire department aid
RELATES TO: KRS Chapter 75, 95A.262, 273.401
NECESSITY, FUNCTION, AND CONFORMITY: KRS 95A.055(13) requires the Commission to promulgate administrative regulations to implement KRS 75.430 and KRS 95A.055. This administrative regulation establishes requirements for volunteer fire departments aid.
Section
1. Definition. "Fire apparatus" means a motorized vehicle
specifically designed to perform firefighting operations, with a minimum rated
pump capacity of 750 gallons per minute (gpm), and which met or meets the
associated National Fire Protection Association (NFPA) standard at the time of
manufacture.
Section 2.
Eligibility.
(1) To qualify for aid, a
volunteer fire department shall meet the requirements established in KRS 95A.262 and submit to the commission proof of the required annual twenty (20)
hours of recognized training for each firefighter by June 30.
(2) Even if all volunteer firefighters have
not yet become certified volunteer firefighters, as defined by 739 KAR 2:060, a
new fire department shall be eligible for aid if the fire department has:
(a) Been recognized by the
commission;
(b) Been established
for less than two (2) years;
(c) A
staff consisting of at least fifty (50) percent certified volunteer
firefighters; and
(d) Twelve (12)
or more firefighters and a chief who have not qualified another fire department
for volunteer department aid.
Section 3. Applying for Aid. The chief
officer or the appointed representative of the department shall submit a
Volunteer Fire Department State-Aid Application.
Section 4. Eligible Items and Report of
Purchase.
(1) Funds may be used:
(a) To purchase items such as firefighting
and special operations equipment;
(b) To purchase fire apparatus;
(c) To purchase a fire station; or
(d) For the maintenance or repair of a fire
station.
(2)
(a) Funds shall not be expended for
ineligible items unless the commission receives a written request from the
chief explaining the need for the items and the request is approved by the
commission staff, in accordance with this section.
(b) If the request is denied and the
volunteer department does not desire to use the funds for approved items, the
allotment shall be refunded to the commission.
(3) Each fire department receiving aid shall
submit the State-Aid Report of Purchase form to the commission staff by July 31
of the following year the aid was granted. Failure to do so shall disqualify
the department from receiving aid the following year.
(a) The commission or its designee may make
an inspection of the applicant's fire department to determine comparative needs
within the department before making the allotment.
(b) The inspection may include an accounting
to assure that equipment previously purchased is currently in the possession of
the fire department.
Section
5. Holding of Funds.
(1)
(a) If the approved allotment is insufficient
to cover the cost of equipment or other approved purpose, the full aid granted
for a fiscal year may be held by the fire department for a period not to exceed
five (5) years from the initial granting of funds.
(b) If the funds will be held, a written
explanation for the holding request shall be submitted to the commission upon
receiving the funds.
(c) The funds
shall be held in a special and separate bank account marked "Fire Department
Aid Fund."
(2)
(a) Upon the expenditure of funds, the chief
or appointed representative shall submit the State-Aid Report of Purchase to
the commission.
(b) If the funds
are used toward the retirement of a preexisting debt for purchase of land,
buildings, or equipment, proof of the expenditure in the form of an affidavit
or cancelled note shall be submitted to the commission.
(c) An applicant who knowingly makes a false
statement regarding volunteer fire department aid shall subject the grant to
refund and prosecution for fraud.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Volunteer Fire Department
State-Aid Application, 8/2017; and
(b) State-Aid Report of Purchase,
8/2017.
(2) This material
may be inspected, copied, or obtained subject to applicable copyright law, at
the Kentucky Fire Commission, 118 James Court, Lexington, Kentucky 40505,
Monday through Friday, 8 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 95A.050(3), 95A.055(13)
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