10.25.10.14         

 RESPONSIBILITIES:

1.             SFMO

                    (1)     NMFTA shall publish or adopt all performance evaluations required under this rule in the form of position task books (PTBs).  The NMFTA shall use NFPA standards, other national standards, or nationally accepted training curriculum as the basis for PTBs.  The NMFTA shall develop and offer performance-based courses that fulfill the requirements of a PTB.

                    (2)     Trainees who successfully complete the NMFTA training program that was established to fulfill a PTB requirement shall be certified as having passed the written and manipulative examination for that position by the NMFTA.  Depending on the training program, certification by NMFTA may be accomplished by one or more of the following:

                              (a)     attending NMFTA campus course and successfully completing the written and manipulative examination(s);

                              (b)     attending an NMFTA filed (adjunct) course and successfully completing the written and manipulative examinations(s);

                              (c)     successful completion of the written and manipulative examination(s) for a given course (i.e., challenge the course).

                    (3)     Certification by NMFTA is not mandatory. The intent of NMFTA certification is to provide assurance to local government that a fire department member has been evaluated and has demonstrated the knowledge and skills necessary to function in the position identified in a given PTB.

1.             Local government, in conjunction with the fire department(s), under its jurisdiction.

                    (1)     Local government shall ensure fire department members under its charge have the knowledge and skills necessary to perform in their assigned positions.  This includes not only initial competency, but also that the competency is maintained.

                    (2)     All fire departments shall have a training program and policy that ensures that personnel are trained, and that competency is maintained to effectively, efficiently, and safely execute all operations consistent with the department’s local responsibilities.

                    (3)     All fire departments shall make available training and education for all members commensurate with the duties and functions they are expected to perform.  All fire departments shall provide their members with training and education appropriate for their duties and responsibilities before permitting them to engage in emergency operations.

                    (4)     If there is a PTB that has been published by or recognized by the fire marshal, all fire departments should have all appropriate members evaluated against the document.  Only those members that are determined to be qualified (evaluated under a specific PTB) by local government should hold the applicable title (i.e., firefighter).

                    (5)     Regardless of whether or not the trainee has been certified by NMFTA, local government shall ensure that the trainee is competent and that the level of competency achieved under a given PTB is maintained.  Use only the PTB by local government does not constitute state certification, and the local government assumes responsibility and liability for competence of their firefighters.  A PTB does not meet prerequisite requirements for other state certification or training courses.

                    (6)     A trainee should be determined to be competent, by local government, at all tasks required by local government within two years of entering trainee status (i.e., assigned a PTB).

                    (7)     Upon request by the fire marshal, completed and signed PTBs shall be made available for inspection.

[10.25.10.14 NMAC – Rp, 10.25.11.8 & 10.25.10.14 NMAC, 7-15-13]

10.25.10.15          

PURCHASE OF EQUIPMENT AND SUPPLIES:

1.             Training and equipment needed to support the fire department’s ability to suppress structure fires shall be the first priority when expending FPF funds.  Departments that are not adequately trained or equipped to conduct structural firefighting shall only expend FPF monies on equipment and training directly related to structural firefighting.  Exceptions to these rules shall be requested in writing to the fire marshal and shall receive authorization by the fire marshal prior to any expenditure.
2.             Factors that shall be utilized to determine if a fire department has the ability to conduct structural firefighting are as follows:

                    (1)      shall have and be able to sustain and ISO classification of  nine or better, and;

                    (2)      shall meet the criteria of operational/functional status as defined in the rule.

1.             Fully operational departments may expend funds relevant to the operations and maintenance of the fire department based on NFPA standards or nationally accepted fire service practices without prior approval of the fire marshal if a reasonable need exists for each purchase.
2.             No expenditure of funds from the fire protection fund shall be made by any fire department for any fire service apparatus, land, buildings, building renovations, or dedicated water supply for fire suppression until such fire department has presented to the state fire marshal sufficient evidence that a need exists for such fire service apparatus, land, buildings, building renovations, or dedicated water supply for fire suppression.  Approval may be denied if the requesting department is not in good standing with the periodic requirements as identified in this rule.

                    (1)     Any fire department intending to purchase any fire service apparatus, land, buildings, building renovations, or dedicated water supply for fire suppression shall submit a written request for approval to expend fire protection funds to the state fire marshal before any purchase is made.

                    (2)     The written request shall be approved in writing by the state fire marshal before any fire protection funds may be expended or obligated in any way.  Purchases shall always be made in the name of the appropriate municipality or county.

1.             Equipment and appliances necessary to perform fire service functions and emergency medical services as provided by the fire department are allowed without prior approval of the state fire marshal if a reasonable need exists for each purchase.  A guideline is available to all local governments and fire departments upon request, or may be viewed electronically on the public regulation commission’s web page at http://www.nmprc.state.nm.us/sfm.htm.
2.             Fire departments may purchase meals for members with state fire funds, provided the following guidelines are followed:

                    (1)     any major incident (structure fires, wild land fires, etc.) lasting more than four hours of time on scene;

                    (2)     any training which is physically exerting in nature lasting four hours or more (structural fire training, wild land, rescue, etc.); classroom trainings do not qualify for this provision;

                    (3)     to provide rehab supplies on emergency apparatus, such as water, sport drinks, MRE’s trail mixes, etc.

1.             The use of FPF funds for social events is prohibited.
2.             Schools, courses, and conferences attended shall be related to fire service and shall be of content relevant to the needs of the department.

[10.25.10.15 NMAC – Rp, 10.25.10.14 NMAC, 7-15-13]

10.25.10.16          

PURCHASE OF AUTOMOTIVE APPARATUS:  All vehicles purchased with FPF funds shall meet the following requirements:

1.             new vehicle specifications for bid shall be submitted to the fire marshal and shall be approved by the fire marshal prior to advertising for bids;
2.             a detailed description of used vehicles shall be submitted to the fire marshal and shall be approved prior to expending or committing FPF funds;
3.             all new apparatus shall meet the general requirements established under the appropriate NFPA standard or nationally accepted practices if applicable, and shall be designed to meet the operational requirements of the department; if assistance is needed in determining what would be appropriate to meet the potential fire flow requirements for the department’s response area, a department may submit the following information to the fire marshal:

                    (1)     a description of the water supply source(s) (example: hydrants, cisterns, river, overhead tank, etc.);

                    (2)     a description of how the water supply shall be delivered to the apparatus (example: short lay of five-inch supply line from hydrants, long lay of five-inch supply line from relay pumper, tanker shuttle, etc.); and

                    (3)     a list containing the five highest commercial fire flow requirements within the response area (identify how this determination was made, example: taken from ISO batch report, used NFPA 1142, etc.); if unable to determine fire flow requirements, describe what each building is being used for (occupancy class), what each building is built of (construction classification), and square footage and height;

1.             a requesting department shall provide documentation verifying the department’s ability to achieve the required fire flow within its identified response district prior to any funds being expended on non-structural apparatus.

[10.25.10.16 NMAC – Rp, 10.25.10.15 NMAC, 7-15-13]

10.25.10.17          

COMPLIANCE WITH PROCUREMENT CODE REQUIRED:  All purchases shall be made by the designated purchasing officer in compliance with the provisions and requirements of the New Mexico procurement code.

[10.25.10.17 NMAC – Rp, 10.25.10.16 NMAC, 7-15-13]