State Fire Prevention Commission s2

STATE FIRE PREVENTION COMMISSION

Monthly Meeting

July 21, 2015

MEMBERS PRESENT

David J. Roberts, Chairman Alan Robinson, Jr., Vice Chairman Tom DiCristofaro Ron Marvel Marvin Sharp Richard Toulson Lynn Truitt

ALSO PRESENT

Patricia Davis-Oliva, Deputy Attorney General Patrick Matthews, M.D., BLS Medical Director Sherry Lambertson, Executive Specialist David J. Truax, Investigator/Compliance Officer Grover P. Ingle, State Fire Marshal Robert P. Newnam, Director, State Fire School

GUESTS

Louis Amabili, Hockessin Fire Co. Anthony Spiezio, DTI Anthony R. Guzzo, DVFA Alan Post, American Legion Smyrna Charles Frampton, Brandywine Hundred Fire Company W. Mike McMichael, DSEMSA Warren Jones, DVFA Alan Brown, Assistant State Fire Marshal Michael Scott Bundek, Little Creek Fire Company SFPC Minutes July 21, 2015 Page 2

CALL TO ORDER

Chairman Roberts called the meeting to order at 9:00 a.m.

PLEDGE OF ALLEGIANCE

APPROVAL OF JUNE 16, 2015 COMMISSION MEETING MINUTES

It was moved by Commissioner DiCristofaro, and seconded by Commissioner Truitt that the minutes of the June 16, 2015 Commission meeting be approved. Motion carried by unanimous vote.

REPORT OF THE STATE FIRE MARSHAL

INFORMATIONAL ITEMS

Personnel Items

Fire Marshal Ingle reported that the Deputy Fire Marshal I position in Sussex County has been filled by Michael P. Pfaffenhauser. He is the current Fire Chief at Memorial Fire Company in Slaughters Beach, he has an electrical background, and successfully met all of the qualifications. He has been accepted into the next Delaware State Police Academy class. He will begin on August 10, 2015.

The Fire Protection Specialist I position was offered to an individual who declined the offer. Fire Marshal Ingle stated that they will move to the remainder of the list and he will take care of this by the end of the week.

HB 133 Residential Sprinklers Proposed Legislation

Fire Marshal Ingle updated the Commission on the passing of House Bill133 that was sponsored by Representatives Osienski, Heffernan, Johnson, Keeley, Kowalko, Short and Senator Ennis. This bill requires builders of new, one or two family residential dwellings that are 3 stories or less to provide to the purchasers a cost estimate from the builder for an automatic sprinkler system, as well as information from the State Fire Marshal’s Office about the benefits of such a system. Fire Marshal Ingle is in the process of scheduling a meeting with the home builders to review the concerns they may have. Fire Marshal Ingle will be contacting the Home Fire Sprinkler Coalition to see if the brochures can be modified or if they are used with all the information contained in the brochure. Fire Marshal has concerns about listing pricing of the system. SFPC Minutes July 21, 2015 Page 3

HB 133 Residential Sprinklers Proposed Legislation cont.

Governor Markell has scheduled a bill signing in Newark (Aetna Hose Hook and Ladder), August 6th at 1:00 p.m.

HB 218

House Bill 218 was introduced in the late hours on June 30, 2015. This House Bill would legalize the sale of fireworks twice a year. 30 days before the holidays of New Year’s and July 4th.

Fire Marshal Ingle stated that his position is one of a safety concern. Consumer fireworks are dangerous. Delaware has been successful with not having high numbers of reported injuries because Delaware does not allow the sale of fireworks. He is not naive to the fact that there is a tremendous amount of activity that occurs. Not only on those holidays, but other times of the year. The Office of the State Fire Marshal enforces the laws in place the best that they are able. The majority of the time that they are called in, the incident has already taken place and no one says who has set off fireworks or who was in possession of them. The agency has been successful at knowing these things ahead of time and confiscating the fireworks. They will continue to do the best that they can with enforcement.

No injuries were reported to the Office of the State Fire Marshal during this year’s July 4th holiday. That is another challenge as all injuries may not get reported to the Office of the State Fire Marshal. National statistics can be utilized, but they will also want to know about Delaware. It will take a great cooperative effort between the fire service, DVFA, doctors and Safe Kids Coalition if it’s felt firework ban needs to stay the way it currently is. Delaware is one of six states that does not allow the sale of fireworks. It may not always be this way because it’s considered an economic boost.

FY 16 Budget

Fire Marshal Ingle reported that the agency did not receive any cuts to the budget and received a portion of the vehicle budget that was requested. Plan reviews and technical fees were down, but in the normal range of where totals were a couple of years ago. Large projects last year were the reason for a one-time increase. SFPC Minutes July 21, 2015 Page 4

DFIRS Incidents Received

TOTAL STATE PARTICIPATION IN COMPLIANCE 74 %

DELINQUENT DEPARTMENTS New Castle County Hockessin April & May Townsend April Port Penn May Wilmington Manor May Kent County Cheswold April & May Camden Wyoming May Felton May Houston February – May Little Creek January – May Harrington April & May Magnolia May South Bowers January - May Sussex County Bethany Beach May Delmar April & May Laurel May Roxana March - May

OVERDUE REPORTS BY DAYS 30 Days 60 Days 90 Days 90+ Days 7 5 1 3

Source: DFIRS Incidents received as of 7/06/15. SFPC Minutes July 21, 2015 Page 5

Sussex Division Mobile Home Park Project

Fire Marshal Ingle discussed a mobile home park project in Sussex County. Sussex Manor Mobile Home Park is in Laurel. There are approximately 99 lots and they are 65% occupied. The owner of the mobile home park has issues with older 2” water lines. Shut off valves have been installed to assist with the concerns during repairs. The way the system is currently set up, the pipes run underneath the homes and that is not a good situation. He wants to replace the current 2” pipe with 4” pipe. That creates a conflict with the regulation wording that includes improvements to the property. Fire Marshal Ingle does not know that this is the type of improvement that was intended by this specific regulation. This particular property cannot provide a fire hydrant because there is not enough pressure there. There is no water in the area that he can get water connection. He’s merely asking to replace the 2” pipe with 4” pipe in a loop system that will help with the pressure being distributed better to dead ends. Fire Marshal Ingle believes this is a reasonable request based upon all of the information that his agency has gathered. The cost for the water is included in the lot rent and cannot be raised without going through the appropriate process with the tenants. This is a replacement to what is there and not an upgrade to the system as was intended by the regulations. The question can be raised that other water utilities have requested to upgrade their systems and it has been determined that those are very different circumstances and intentions. This case is a matter of allowing an improvement that is not effecting anything else. If it is not feasible and the property owner is not allowed to make the change, it will probably be appealed to the Commission asking for a hardship.

After discussion, the Commission made a motion. It was moved by Commissioner Dicristofaro, seconded by Vice Chairman Robinson to allow the Office of the State Fire Marshal to continue to work with the owners of the Sussex Mobile Home Park and report back to the Commission as necessary. Motion carried by a unanimous vote.

REPORT OF THE STATE FIRE SCHOOL DIRECTOR

Director

 Director Newnam reported that the PIO event for the AFT Grant went well. The agency is working on putting the specs together for the new engine at the Fire School, EMS Equipment and Car Prop.  June 26, 2015 Delaware State Clearinghouse Committee Meeting – AFG Grant o Engine – EMS Equipment – Car Fire Prop o Press Conference for the AFG Grant held at the request of the Senator.  Budget FY15 update

SFPC Minutes July 21, 2015 Page 6 o Director Newnam reported on the Special Funds profit in FY 15. The income less expenses of Tuition accounts in the Special Funds appropriation was a profit of $95,435.00.

 Budget FY16 – status o General – Director Newnam reported that the FY16 Budget was approved as his request. o Capital (Bond Bill) . Funding for Hydraulic Rescue Tools - 18 companies and DSFS . In the budget of the Office of Management and Budget – Funding was sourced for the expansion project at the New Castle Division in the amount of $819,000.00. The agency will go out to bid within the next two weeks.

 Budget FY17 – Proposed budget submissions o Operating Budget . Fleet request an increase to cover costs from $95,000 to $115,000. . Increase for training fuels. Propane and E111fuels. The E111 fuel is used on the liquids pad and comes from a facility in Texas, which is the only facility that makes it. The Delaware State Fire School is one of three schools in the country that use this fuel. It runs approximately $5.00 per gallon and a load is 10,000 gallons. The transportation cost is almost $10,000 per load. This is the purpose of the request in assistance. . The SCBA contract that the school has been under for the last eight years is coming to an end. The school is currently waiting for contract prices from three vendors. Director Newnam is asking for an increase of SCBA funding from $80,000 to $90,000 to cover the increased cost. This would continue the program for another seven years. o Capital Budget . Repairs to training concrete pads – $75,000.00

 MOU – Department of Health and Delaware State Fire School - reimburse DSFS for expenditures provided to OEMS for the Domestic Preparedness Coordinator.  Director Newnam reported that the P&E meeting conducted the week of July 13th with the DSFS staff went very well. There were no concerns and the one- year plan will be submitted to the Commission in August. The 2016 schedule has been completed. The staff did an excellent job reviewing the programs, cost analysis and student analysis this year. SFPC Minutes July 21, 2015 Page 7

 Training/Educator III position – Director Newnam thanked the interview committee for their work in conducting interviews the week of July 6th. They recommended three possible candidates to Director Newnam for an additional interview by himself. Those interviews will be scheduled soon.  Final plan review meeting for the New Castle Division was held on July 20th.

Staff Activities

 Senior Instructor’s Baker, Dempsey and Wilson will attend DEMA training in the EOC on July 22nd.  Senior Instructor Brennan participated in a SERT response on June 30th at 41 Fairway Drive, Newark.  Senior Instructor’s Baker and Stephens developed and distributed the DSFS Instructor News.  Senior Instructor Dempsey coordinated and conducted the AFG News Conference.  Senior Instructor’s Lowe, Walton, Wilson, Baker, Dempsey, Gajdos and Training Educator III O’Malley will be working the Delaware State Fair.

Programs/Courses

Figures in red are reference to last year’s comparison of class attendance.

. Current Month o EVO – Kent County – 24 students o NFA Incident Safety Officer for the Delaware National Guard o ICS – Blue Card – Continuing Education – NCD – 4 students o NFA – Leadership III – Sta. 19

. Current Month o CEU programs – 7 scheduled for the month – 4 – NCD, 1 - KCD, 2 - SCD o Second Accelerated program being conducted this month o Fall EMT classes – 15 NCD, 19 KCD, 10 SCD (class size 25 students) start 8/19 SFPC Minutes July 16, 2015 Page 8

Public Education and Injury Prevention - Activity Report

. Current Month o Fire Safety Displays – 2 displays and the State Fair o Fire Safety Programs – 6 scheduled o Fire Safety Tours – 4 scheduled o Injury Prevention – 1 program

Maintenance – Building and Grounds

 Tower repairs – repairs have begun on the tower  Separators scheduled for cleaning this month  Conference room upgrades – status  Air Compressor New Castle Division  Draft Pump at the Dover Division  Replacement of two walkways at the Dover Division (back of building)  Floor cleaning and waxing at Dover Division scheduled for August  Monitor installed in gear room – to display announcements for the students  Bird spikes installed in the Rescue Tower  Fire Safety Trailer has been removed from the New Castle County Division. Special Funds will be used to install a new Fire Safety/Prevention building at the facility.  The conference room at the Kent County Division is being upgraded with video conferencing equipment. The carpet was pulled up that dislodged the tile. Asbestos was found in the tile and the procedure of tile removal is currently under way.

Financial

. Past Due Billings o 30 days – 74,490.00 o 60 days – 14,437.00 o 90 days – 4,600.00 . 20678 Tuition Fund – . 20500 Haz Mat Tech Fund – . Accounts receivable – . Revenue Comparison o Tuition – 2015 – 162,451.00, 2014 – 116,575.00

SFPC Minutes July 21, 2015 Page 9

. Special Funds Summary – The Special Funds Summary report was submitted to the Commissioners for review. . Expenditure Report – The Expenditure report was submitted to the Commissioners for review.

Staff and Office Staff Meeting Minutes

Staff and office staff meeting minutes were submitted for Commission review.

Personnel Issues

o Trainer-Educator III – Interviews were conducted and three names have been turned over to the Fire School Director. He will conduct a second interview and make a decision o

BLS MEDICAL DIRECTOR

Dr. Matthews addressed the Commission and submitted the following report.

1. Narcan pilot update: Throughout the pilot period, from February 2014 to March 31, 2015, there were 92 uses of Narcan by BLS. The pilot data will be reviewed and analyzed with the ultimate goal of publishing the success of the Delaware BLS Narcan pilot. The data demonstrates the importance of BLS carrying and administering Narcan to those in need during the current opiate epidemic. Thank you to all of the participating agencies, trainers, and providers who have made this program successful throughout the pilot program. No updates.

2. A total of 22 companies throughout the State are approved to participate in the Albuterol Pilot Program. Nineteen have completed the "Train the Trainer" course. Eight of those companies have conducted classes with 159 EMTs and 50 trainers have been trained. After the training phase, and once all necessary equipment and QA processes have been organized, the pilot will be ready to go live with for participating agencies. The pilot data collection sheets will be collected by OEMS for review. A general albuterol prescription for participating agencies is on file with Southeastern Medical Equipment and Dr. Matthews can put on file at other pharmacies if requested.

BLS Medical Director cont.

4. Thank you to Matt Gajdos and DE City Fire Company who coordinated, sponsored, and submitted an application for a CPR assist device grant. If accepted, the grant would significantly reduce the cost of purchasing these devices for BLS companies throughout the State. No Update

5. Follow up items: Per SE Med Equipment, the current cost of 2mg Narcan with atomizer is just under $41. Cost of albuterol 2.5 mg respules $5 for box of 25 respules. Neb/tubing ranges $0.90 to $1.35 per set for use. No Update

6. Reports have been made on poor radio signal at the Christiana Hospital Emergency Department. OEMS has been able to coordinate a rebanding and amplification of the EMS radio bandwidth, which has taken care of the concern.

7. Dr. Matthews updated the Commission on the question related to the subject of excessive runs. He feels regardless of the origin, these patients have a problem and that is why they are calling. The concept of the multi-origin committee to review this subject is warranted. He suggested that it be brought to DEMSOC since the groups needed in this discussion are already at the table. Vice Chairman Robinson stated that he would bring it to the next DEMSOC meeting.

Commissioner Marvel asked Dr. Matthews about the needed involvement regarding the Avian Flu. What happens if EMS is called to a farm that has been quarantined? Is there a plan in place or being worked on at this time?

He will look into this and report back to the commission.

REPORT OF THE INVESTIGATOR/COMPLIANCE OFFICER

In June, Mr. Truax conducted 3 annual ambulance unit inspections. Out of those inspections, two were new units, one of which was the Wilmington Fire Boat. June was spent doing mostly in the field of investigation. Mr. Truax introduced Deputy Attorney General Zoe Plerhoples as the newly assigned Prosecutor from the Attorney General’s Office.

Report of the Investigator/Compliance Officer cont.

Two new investigations were opened in June.

Case #1511 was presented to the commission for closure.

Case #1511 is with regard to an EMT who was arrested and failed to self-report with the Fire Prevention Commission. This arrest does not fall under the applicable statutes and regulations of the Commission and was recommended for closure due to lack of prosecutorial merit. The charge was de minimis and has no relation to the EMTs employment. Mr. Truax recommended that the Commission close this case.

It was moved by Commissioner Dicristofaro, seconded by Commissioner Truitt to accept the Investigators report and recommendation of the Deputy Attorney General to close case #1511. Motion carried by a unanimous vote.

There are 2 cases that remain pending for 2014 and 5 pending in 2015.

REPORT OF DEPUTY ATTORNEY GENERAL

Deputy Attorney General Davis-Oliva reported on the upcoming dates and hearing information for the regulation hearing in August, 2015.

REGULAR BUSINESS

Action Items

Clayton Fire Company, No. 1, Inc. Audit Extension Request

President Faulkner of Clayton Fire Company submitted correspondence to the Commission requesting an extension for the submission of their annual audit. The request was made due to extended illness and subsequent passing of the company Treasurer. The submittal of the company records were delayed to the company auditor until June. Once the records were submitted to the CPA firm, they had issues getting the QuickBooks information to them. The issue was as much as a lack of knowledge of the system. They felt enough time was available to meet the Commission deadline requirements, however that was not possible.

Clayton Fire Company, No. 1, Inc. Audit Extension Request cont.

After discussion, it was moved by Commissioner Dicristofaro, seconded by Commissioner Truitt to approve the written extension request from Clayton Fire Company with a deadline of 30 days. Motion carried by a roll call vote.

Commissioner Dicristofaro - Yes Commissioner Truitt - Yes Commissioner Marvel - Yes Commissioner Sharp - Yes Commissioner Toulson - Yes Vice Chairman Robinson - Yes Chairman Roberts - Yes

Cranston Heights Fire Company Audit Extension Request

President Lange of Cranston Heights Fire Company submitted correspondence to the Commission requesting an extension for the submission of their annual audit. The request was made due to excessive fees they were charged in the prior year. The transition delayed the filings because the prior accountant was not forthcoming with the information necessary to facilitate the audit. Despite the obstacles, the company has been actively working on completing the work necessary for the audit and hope to have it completed by September 15, 2015.

After discussion, it was moved by Commissioner Dicristofaro, seconded by Vice Chairman Robinson to approve the written extension request from Cranston Heights Fire Company with a deadline of September 15, 2015. Motion carried by a roll call vote.

Belvedere Fire Company Audit Extension Request

Ronald Derr, CPA for PKS & Company, P.A. submitted correspondence to the Commission requesting an extension for the submission of the Belvedere Fire Company annual audit. The reason was for problems encountered with certain prior officers of the Company. Mr. Derr stated that it should not impact any information in the year being reported as the officer is no longer with the Company.

After discussion, it was moved by Commissioner Dicristofaro, seconded by Commissioner Truitt to approve the written extension request from PKS & Company, P.A. on behalf of Belvedere Fire Company with a deadline of 60 days. Motion carried by a roll call vote.

Little Creek Volunteer Fire Company – Show Cause Hearing

Michael Scott Bundek of Little Creek Volunteer Fire Company presented the case of the fire company for not submitting their annual audit that was due June 15, 2015. The case involved the Treasurer of Little Creek Fire Company being arrested and all computers being confiscated. When the information was available, it was not enough time to submit the audit on time. Little Creek Fire Company audit was submitted to the Commission office on July 17, 2015 by the Company President. Little Creek Fire Company was before the Commission requesting relief of the penalty before them. SFPC Minutes June 16, 2015 Page 14

Little Creek Volunteer Fire Company – Show Cause Hearing

After discussion, it was moved by Commissioner Dicristofaro, seconded by Vice Chairman Robinson to waive the late audit submission penalty for Little Creek Fire Company due to the circumstances out of their control. Motion carried by a roll call vote.

Status of Delinquent Audit Submissions

South Bowers and Delmar Fire Companies have not submitted an annual audit or filed an extension request.

Selbyville Fire Company did not file an extension request and submitted their audit on July 17, 2015. The due date was July 15, 2015.

Hearings will be scheduled in August for South Bowers and Delmar Fire Companies.

Wilmington Manor Fire Company submitted their audit on time and complete. The Audit Committee submitted CPA findings to the Commission for review. The Commission agreed to request a written correction action plan to be submitted by the August commission meeting.

Hart to Heart Transportation Cory Skidmore of Hart to Heart Transportation requested to speak to the commissioners with regard to the ambulance equipment list requirements that went into effect on July 1, 2015. Mr. Skidmore did not appear before the Commission, but submitted in writing a request for to waive specific equipment items for what he considers non-emergency BLS units.

After discussion, it was moved by Commissioner Toulson, seconded by Vice Chairman Robinson to deny the request of Hart to Heart Transportation for an equipment waiver on their BLS units. Motion carried by a unanimous vote.

Complaint – Case #1419

Dave Truax, Investigator presented the complaint of Case #1419 before the Commission. The case involves an EMT that failed to complete patient contact reports and/or failed to enter those reports into the Delaware Emergency Medical Reporting System (“DEMRS”). Pursuant to 16 Del. C. ch. 67 and the Delaware State Fire Prevention Regulations, the State of Delaware respectfully requests that the Commission schedule a time for the respondent to appear for a hearing.

It was moved by Commissioner Dicristofaro, seconded by Commissioner Truitt to schedule a hearing for case #1419 as the calendar permits. Motion carried by a unanimous vote.

Complaint – Case #1502

Dave Truax, Investigator presented the complaint of Case #1502 before the Commission. The case involves an EMT who was arrested for and charged with two counts of Indecent Exposure First Degree. Pursuant to 16 Del. C. ch. 67 and the Delaware State Fire Prevention Regulations, the State of Delaware respectfully requests that the Commission schedule a time for the respondent to appear for a hearing.

It was moved by Vice Chairman Robinson, seconded by Commissioner Dicristofaro to schedule a hearing for case #1502 as the calendar permits. Motion carried by a unanimous vote.

NEW BUSINESS

Ambulance Funding Reports Chairman Roberts reported on the status of the 2015 Ambulance Fund. Approved reports have been received from the Office of EMS to calculate the distribution of funds per the motion at the June, 2015 Commission meeting. After discussion, it was moved by Commissioner Marvel, seconded by Vice Chairman Robinson to accept the reports and figures as received from the Office of EMS. Distribute the funds including Delmar Fire Company’s appropriation to be encumbered until Chairman Roberts comes up with a solution. Delmar Fire Company reports should be completed and entered into DEMERs within 90 days.

Ambulance Funding Reports cont.

Motion defeated in a roll call vote.

Commissioner Dicristofaro - Yes Commissioner Truitt - No Commissioner Marvel - Yes Commissioner Sharp - No Commissioner Toulson - No Vice Chairman Robinson - No Chairman Roberts - Yes

After further discussion, it was moved by Commissioner Dicristofaro, seconded by Commissioner Truitt to accept the Volunteer Ambulance Company Fund financial report as submitted by Ms. Lambertson. Motion carried by a roll call vote.

Commissioner Dicristofaro - Yes Commissioner Truitt - Yes Commissioner Marvel - No Commissioner Sharp - Yes Commissioner Toulson - Yes Vice Chairman Robinson - Yes Chairman Roberts - No

GENERAL INFORMATION

Thank you Commissioner Sharp thanked Ms. Lambertson for the resolution requested for a member a Bowers Fire Company.

Commissioner Dicristofaro thanked Chairman Roberts and Fire Marshal Ingle spending long hours at Legislative Hall on June 30th during the last evening of session representing the Commission and Office of the State Fire Marshal. The support that they offered was invaluable.

CORRESPONDENCE

No report at this time.

MISCELLANEOUS INFORMATION

No report at this time.

REPORT OF THE COMMISSIONERS

Chairman David J. Roberts

Chairman Roberts reported that he attended the Monthly Fire Prevention Commission Meeting, Sussex County Firefighter Association Meeting, New Castle County Firefighter Chiefs Meeting, numerous Legislative Committee Meetings, and New Castle County Firefighters Association Meeting.

Vice Chairman Alan F. Robinson, Jr.

Vice Chairman Robinson reported that he attended the Monthly Fire Prevention Commission Meeting, DVFA Scholarship Meeting, DEMSOC Meeting, Beau Biden Viewing, Kent County Association Meeting and Kent County Auxiliary Meeting Citizens Hose Fire Company Meeting, Citizens Hose Fire Company Board of Directors’ Meeting and Kent County Fire Chiefs’ Meeting.

Commissioner Ron Marvel

Commissioner Marvel reported that he attended the Monthly Fire Prevention Commission Meeting, Fire School at Seaford, Sussex Chief’s at Delmar, Greenwood housing, Sussex County meeting in Bridgeville, Viewing for Delmar Fireman, State Chief’s meeting in Harrington, Seaford Fire meeting, New Castle meeting in Townsend, Cook Chicken for Seaford Fire, Antique fire truck showing in Georgetown, Viewing for fireman in Minquadale, Kent County Meeting and Sussex Chief’s in Roxana.

DATE OF NEXT MEETING

August 18, 2015 Commission Chamber Delaware Fire Service Center 1463 Chestnut Grove Road Dover, DE 19904

ADJOURNMENT

It was moved by Commissioner Dicristofaro, and seconded by Vice Chairman Robinson that the meeting be adjourned. Motion carried by a unanimous vote. The meeting was adjourned at 11:39 a.m.

Respectfully submitted,

Sherry R. Lambertson

Sherry R. Lambertson Executive Specialist sl/