Joint Sunset Committee

Joint Sunset Committee Thursday, April 9, 2009, 5:00 pm Joint Finance Hearing Room, Legislative Hall Minutes Recommendations DE State Fire Prevention Commission; Office of the State Fire Marshal; DE State Fire School ______JSC and Staff: Sen. David Sokola, Chair; Rep. John Kowalko, Vice-Chair; Sen. Bonini; Sen. Brian Bushweller; Sen. Connor; Sen. Michael Katz; Rep. Bradford Bennett; Rep. Clifford Lee; Rep. Pamela Thornburg; Debbie Puzzo, JSC Executive Director; Judi Abbott, Legislative Council staff.

Absent: Rep. Atkins

In attendance: Sherry Lambertson, DSFPC; Bob Ricker, DSFPC; Marvin Sharp, DSFPC, Chair; Kevin Wilson, DVFA; Grover Ingle, DE State Fire Marshal; Robert Newnam, DSFS; David Roberts, DSFPC; Stuart Lindner, Artesian; Kenneth Branner, Artesian; James L. Cubbage, Jr., DVFA; Allison Reardon, Dept. of Justice, Fire Commission; Michael Chionchio, DSFMO; Robert B. Sutton, NCCUFA; Ken McMahon, DSFPC ______

Agenda: I. Welcome II. Discussion regarding proposed JSC Recommendations III. New Business IV. Comments V. Adjournment

Sen. Sokola called the meeting to order at 11:10 a.m.

I. Welcome Sen. Sokola welcomed everyone and thanked them for attending.

II. Discussion regarding proposed JSC Recommendations

Fire Commission, State Fire Marshal and State Fire School Proposed Statutory Changes 1. Reorganize the Chapter regarding the State Fire Prevention Commission, the State Fire Marshal and the State Fire School. (16 Del. C. Chapter 66) Vote to adopt recommendation 1. Yes – all present (6 – Sokola, Connor, Kowalko, Bennett, Lee, Thornburg)

2. Have the Commission remain as the governing body of the Office of the State Fire Marshal and the State Fire School.

Action by the Commission and the State Fire Marshal 3. Work with Artesian, Tidewater and other water companies to amend the statute to allow a utility to correct or improve water supply quality or pressure situation in a perspective new community. As amended: Work with Artesian, Tidewater and other water companies to amend the statute to allow a utility to correct or improve water supply quality or pressure situation in existing communities. a. The Public Service Commission and the Public Advocate be included in discussion/meetings on the issue of regulated utilities taking over private systems. Vote to adopt recommendation 3 as amended. Yes – all present (6 – Sokola, Connor, Kowalko, Bennett, Lee, Thornburg)

4. Work with Artesian, Tidewater and other water companies involved in the issue to amend the current regulations to incorporate the allowance of a domestic connection to the private water system as well as providing a public fire hydrant at the entrance to that system. Artesian/Tidewater would own and maintain the domestic connection on a yearly basis as required by regulation. Vote to adopt recommendation 4. Yes – all present (6 – Sokola, Connor, Kowalko, Bennett, Lee, Thornburg)

Delaware Fire Commission Proposed Statutory Changes 5. Clearly define the specific powers and duties of the State Fire Prevention Commission. Vote to adopt recommendation 5. Yes – all present (6 – Sokola, Connor, Kowalko, Bennett, Lee, Thornburg)

6. Add conflict of interest as part of the Commission’s governing statute. Vote to adopt recommendation 6. Yes – all present (7 – Sokola, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg)

7. Amend the statute by deleting the section that concerns public hearings & notices. 16 Del. C. § 6604 Vote to adopt recommendation 7. Yes – all present (6 – Sokola, Connor, Kowalko, Bennett, Lee, Thornburg)

8. Amend the statute to provide that commercial bungee jumping and reduced ignition propensity cigarette regulations be promulgated by the State Fire Prevention Commission not the State Fire Marshal. Vote to adopt recommendation 8. Yes – all present (6 – Sokola, Connor, Kowalko, Bennett, Lee, Thornburg)

9. Include public members on the Commission. a. Include one public member from each county. b. Amended : add one member of the medical profession.

10. Include public members on the Advisory Boards. 16 Del. C. § 6618. a. Include one public member from each county.

There was a discussion regarding recommendations #s 9 and 10. Recommendation #s 9 and 10 as amended: Establish a new Advisory Board to review regulatory changes. This Advisory Board would include the Chair of each of the 4 existing Advisory Boards and three members of the public to include one from each county. Vote to adopt recommendations 9 and 10 as amended. Yes – all present (8 – Sokola, , Bonini, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg)

11. Provide a purpose for each of the Advisory Boards, and include provisions regarding the selection of a chairperson, meeting schedule and the removal of a member. 16 Del. C. § 6618. Vote to adopt recommendation 11. Yes – all present (8 – Sokola, Bonini, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg)

12. Should the Commission’s statute give a subcommittee the power to summon witnesses and documents and administer oaths. As amended: To allow for the summoning of witnesses and

2 documents, administrative calls, based on very specific circumstances which the Commission will provide at a later time. Vote to adopt recommendation 12. Yes – all present (8 – Sokola, Bonini, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg) The DAG will work on rewording this language.

13. Establish formal training programs for commissioners. Vote to adopt recommendation 13. Yes – all present (8 – Sokola, Bonini, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg)

14. Commissioner’s terms need to be returned to the correct rotation, as they have been interrupted due to the passing of previous Commissioners while in office. Most Boards/Commissions in Delaware have three-year terms, with another three years, not the six-year term(s) that are currently used for the State Fire Prevention Commission. There may need to be some compromise in the term length as six years, followed by a possible six years. Six years is a long time but three may be too short. Vote to adopt recommendation 14. Yes – all present (8 – Sokola, Bonini, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg)

Action by the Commission 15. Continue to work with the DVFA in drafting the DE Standards for Firefighter, Fire Officers, Fire Police and Administrative Officers draft legislation. Keep the JSC informed of the status of the draft. Vote to adopt recommendation 15. Yes – all present (8 – Sokola, Bonini, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg)

16. Continue to review and update all Rules and Regulations pursuant to the Administrative Procedures Act. Vote to adopt recommendation 16. Yes – all present (8 – Sokola, Bonini, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg)

17. Establish minimum training standards for Firefighters through a course(s) at the Fire School. The guidelines could follow a similar path as the EMT-B certification.

For Discussion 18. The proposed FY’10 Budget does not include the $10,000 funding for background checks. Statute provides that the Commission pays for the background checks.

19. The State Fire Prevention Commission, through the State Fire School, inspects and certifies ambulances on a regular basis but nothing is done for fire equipment, other than a DVFA committee inspecting the apparatus when it is new. As amended: Create a self inspection checklist and require at least annual self inspections and adopt regulations that enable the same authoritative language to compel the fire companies to comply. Vote to adopt recommendation 19. Yes – all present (8 – Sokola, Bonini, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg

20. The State Fire Prevention Commission currently has some authority over the State’s volunteer fire companies, with the requirement to submit financial statements. However, there is no equitable way to insure that is completed, since all fire companies in the State are not compensated equally – a fine of $100 a day for some will not interrupt their daily operation, but to others it could mean some services may not be provided. As Amended: The State Fire Prevention Commission and the Delaware Volunteer Firemen’s Association reach a consensus and present the JSC with recommendations addressing the issue of compliance/noncompliance. Vote to adopt recommendation 20. Yes – all present (8 – Sokola, Bonini, Bushweller, Connor, Kowalko, Bennett, Lee, Thornburg)

3 21. The State Fire Prevention Commission views its mission as providing oversight for the Delaware volunteer fire service in the interest of public safety and financial accountability for public funds.

22. The current statute under which the State Fire Prevention Commission operates does not allow the State Fire Prevention Commission to oversee the EMS service in a manner which ensures the best delivery of these services to the citizens of Delaware.

23. The State Fire Prevention Commission has never been given sufficient enforcement power to effectively meet its goals and objectives. The State Fire Prevention Commission has limited authority to deal with a Fire Company or individual that is not complying with the State Fire Prevention Commission’s rules and regulations. State Fire Marshal Proposed Statutory Changes 24. Amend the statute by deleting the provision that the Office of the State Fire Marshal be located at the State Capitol. 16 Del. C. §6606(a). Vote to adopt recommendation24. Yes – all present (6 – Sokola, Connor, Kowalko, Bennett, Lee, Thornburg)

III. New Business None

IV. Comments The following Proposed recommendations were not addressed at this meeting. Sen. Sokola stated that there will be another meeting to address the outstanding issues.

25. Amend the statute to increase the fee schedule. 16 Del. C. § 6607.

26. Amend the statute to authorize that the State Fire Marshal has jurisdiction over inspections at refineries such as Valero.

Action by the Fire Marshal 27. Provide the public with information regarding maintenance for wired smoke detectors, including the fact that the batteries need to be changed.

State Fire School Proposed Statutory Changes 28. The State Fire School’s governing statute does not accurately reflect the current business practices in respect to the daily operations of the school. 16 Del. C. §§6613-6614 and §6617.

29. Amend the statute to provide that employees are Merit positions. 16 Del. C. § 6616.

Action by the Fire School 30. Continue to offer classes/training at times other than weekends, to accommodate volunteers who do not work the traditional Monday – Friday work week.

Additionally, the suggestion to add a medical person to the Delaware State Fire Prevention Commission has not yet been addressed.

V. Adjournment The meeting was adjourned at 1:23 p.m.