sb320.html

05 LC 28 1947

Senate Bill 320
By: Senator Mullis of the 53rd

A BILL TO BE ENTITLED
AN ACT

To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to reconstitute the Georgia Firefighter Standards and Training Council as the Georgia Fire College Council; to provide for the membership, appointments, terms, and duties of the Georgia Fire College Council; to provide for meetings of the council; to establish a quorum for such meetings; to establish the Georgia Fire College; to transfer the functions, duties, programs, property, and personnel of the Georgia Fire Academy to the Georgia Fire College; to transfer the functions, duties, programs, property, and personnel of the Georgia Firefighter Standards and Training Council to the Georgia Fire College Council; to provide for a continuation of certain rules and regulations; to provide for the purposes of the Georgia Fire College; to provide for a superintendent and for his or her duties; to provide for the availability of training programs; to conform references to the Georgia Firefighter Standards and Training Council and the Georgia Fire Academy; to provide for related matters; to repeal and reserve Chapter 7 of Title 25, relating to the Georgia Fire Academy; to amend Code Section 45_9_102 of the Official Code of Georgia Annotated, relating to definitions under temporary disability program, and Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to conform references to the Georgia Firefighter Standards and Training Council and the Georgia Fire Academy; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking Code Section 25_3_21, relating to definitions, and inserting in lieu thereof a new Code Section 25_3_21 to read as follows:

"25_3_21.

As used in this article, the term:

(1) 'Executive director' means the executive director of the Georgia Firefighter Standards and Training Fire College Council.

(2)(A) 'Fire department' means any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25_3_1 and 25_3_2.

(B) 'Fire department' also means any department, agency, organization, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection of life and property against fire, explosions, or other hazards.

(3) 'Firefighter' means any able_bodied person at least 18 years of age who has been duly appointed by a legally constituted fire department and who has the responsibility of preventing and suppressing fires, protecting life and property, and performing other duties enumerated in Code Sections 25_3_1 and 25_3_2."

SECTION 2.

Said title is further amended by striking Code Section 25_3_22, relating to notification that a fire department meets minimum requirements, and inserting in lieu thereof a new Code Section 25_3_22 to read as follows:

"25_3_22.

In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify the executive director that the organization meets the minimum requirements specified in Code Section 25_3_23 and the rules and regulations of the Georgia Firefighter Standards and Training Fire College Council to function as a fire department. If the council is satisfied that the fire department meets the minimum requirements contained in Code Section 25_3_23 and the rules and regulations of the Georgia Firefighter Standards and Training Fire College Council, he or she shall recommend to the Georgia Firefighter Standards and Training Fire College Council that a certificate of compliance be issued by the council to the fire department. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25_3_1 and 25_3_2."

SECTION 3.

Said title is further amended by striking Code Section 25_3_23, relating to general requirements for fire departments, and inserting in lieu thereof a new Code Section 25_3_23 to read as follows:

"25_3_23.

(a) Except as otherwise provided in subsection (c) of this Code section, in order to be legally organized:

(1) A fire department shall comply with the following requirements:

(A) Be established to provide fire and other emergency and nonemergency services in accordance with standards specified solely by the Georgia Firefighter Standards and Training Fire College Council and the applicable local government;

(B) Be capable of providing fire protection 24 hours a day, 365 days per year;

(C) Be responsible for a defined area of operations depicted on a map located at the fire station, which area of operations shall have been approved and designated by the governing authority of the applicable county, municipality, or other political subdivision in the case of any county, municipal, or volunteer fire department; and

(D) Be staffed with a sufficient number of full_time, part_time, or volunteer firefighters who have successfully completed basic firefighter training as specified by the Georgia Firefighter Standards and Training Fire College Council; and

(2) A fire department shall possess the following items of approved equipment and protective clothing:

(A) A minimum of one fully equipped, operable pumper with a capacity of at least 750 GPM at 150 PSI and a tank capacity of a minimum of 250 gallons; provided, however, that previously approved fire apparatus which does not meet such minimum standards may be used in lieu of the minimum required pumper until replaced by the local authority;

(B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25_3_1 and 25_3_2 as approved by the Georgia Firefighter Standards and Training Fire College Council;

(C) A minimum of two approved self_contained breathing apparatus for each pumping apparatus as approved by the Georgia Firefighter Standards and Training Fire College Council; and

(D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter.

(b) A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions.

(c) On and after July 1, 1998, the The Georgia Firefighter Standards and Training Fire College Council shall be authorized, by rules and regulations, to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a) and (b) of this Code section."

SECTION 4.

Said title is further amended by striking Code Section 25_3_24, relating to the authority of the executive director to determine compliance, and inserting in lieu thereof a new Code Section 25_3_24 to read as follows:

"25_3_24.

The executive director may consult with and consider the recommendations of the director of the Georgia Forestry Commission, the director of the Georgia Fire Academy College, the state fire marshal, and the governing authority of any county or municipality in which the fire department is located to determine if individual fire departments are complying with the minimum provisions of this article and serving the best interests of the citizens of the area of its operations."

SECTION 5.

Said title is further amended by striking Code Section 25_3_25, relating to suspension or revocation of certificate of compliance, and inserting in lieu thereof a new Code Section 25_3_25 to read as follows:

"25_3_25.

(a) The certificate of compliance issued by the council shall be subject to suspension or revocation by the council at any time it receives satisfactory evidence that the fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25_3_23 or the rules and regulations of the Georgia Firefighter Standards and Training Fire College Council pursuant to subsection (c) of Code Section 25_3_23.

(b) The chief administrative officer of any fire department aggrieved by a decision of the council under subsection (a) of this Code section may, within 30 days of the date of such decision, request a hearing on the matter before the council. Following a hearing before the council, the chief administrative officer of the fire department affected shall be served with a written decision of the council announcing whether the certificate of compliance shall remain revoked or suspended or whether it shall be reinstated.

(c) The council shall not suspend or revoke any certificate of compliance for failure to meet firefighter training requirements when such failure was due to unavailability of required training from or through the Georgia Fire Academy College.

(d) The council may refer suspensions or revocations to the Attorney General for enforcement. Upon referral from the council, the Attorney General may bring a civil action to enjoin any organization which is not in compliance with the applicable requirements of this chapter from performing any or all firefighting functions until such requirements are met by such organization."

SECTION 6.

Said title is further amended by striking Code Section 25_3_27, relating to construction of article, and inserting in lieu thereof a new Code Section 25_3_27 to read as follows:

"25_3_27.

This article shall not be construed to amend, modify, or repeal any of the provisions of Chapter 4 of this title, known as the 'Georgia Firefighter Standards and Training Fire College Act,' nor shall this article be construed to restrict the requirements of any other provisions relating to fire departments, equipment, or personnel."

SECTION 7.

Said title is further amended by striking Code Section 25_4_1, relating to short title, and inserting in lieu thereof a new Code Section 25_4_1 to read as follows:

"25_4_1.

This chapter shall be known and may be cited as the 'Georgia Firefighter Standards and Training Fire College Act.'"

SECTION 8.

Said title is further amended by striking Code Section 25_4_2, relating to definitions, and inserting in lieu thereof a new Code Section 25_4_2 to read as follows:

"25_4_2.

As used in this chapter, the term:

(1) 'Airport' means any airport located in this state which has regularly scheduled commercial air carrier service or commuter airline service as required for certification under Section 139.49 of the Federal Aviation Administration regulations.

(2) 'Airport firefighter' means any person assigned to any airport located in this state who performs the duties of fire fighting, rescue, fire inspection, or any other duties normally associated with airport fire suppression or fire safety.

(1)(3) 'Candidate' means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter.

(2)(4) 'Certified firefighter' or 'state certified firefighter' means any firefighter who has been certified by the council as having met the requirements of this chapter.

(3)(5) 'Council' means the Georgia Firefighter Standards and Training Fire College Council.

(4)(6) 'Firefighter' means a trained individual who is a full_time employee, part_time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighter´s assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability.

(5)(7) 'Full_time' means employed for compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated fire department.

(6)(8) 'Part_time' means employed for compensation on less than a full_time basis by any municipal, county, state, or private incorporated fire department.

(7)(9) 'Volunteer' means not employed for compensation by but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department."

SECTION 9.

Said title is further amended by striking Code Section 25_4_3, relating to the Georgia Firefighter Standards and Training Council, and inserting in lieu thereof a new Code Section 25_4_3 to read as follows:

"25_4_3.

(a) The Georgia Firefighter Standards and Training Council Fire College is established and shall be the successor to the Georgia Fire Academy. The Georgia Fire College shall be governed by the Georgia Fire College Council which shall be the successor to the Georgia Firefighter Standards and Training Council. The council shall be composed of eleven 21 members, one of whom shall be the Safety Fire Commissioner or the designated representative of the Safety Fire Commissioner. Two Four members shall be appointed by the Lieutenant Governor Senate Committee on Assignments, of whom two shall be volunteer firefighters and two shall be firefighters or have a background in fire fighting or fire safety. Two Four members shall be appointed by the Speaker of the House of Representatives, of whom two shall be volunteer firefighters and two shall be firefighters or have a background in fire fighting or fire safety. The remaining six twelve members shall be appointed by the Governor subject to the following requirements:

(1) One member shall be a member of the governing authority of a county representative of the Association County Commissioners of Georgia;

(2) One member shall be a member of the governing authority of a municipality representative of the Georgia Municipal Association;

(3) One member shall be a city or county manager representative of the Georgia City and County Management Association;

(4) One member shall be the chief of a county or municipal fire department; and a representative of the Georgia Association of Fire Chiefs;

(5) Two members shall be state certified firefighter training officers One member shall be a representative of the Georgia State Firefighters Association;

(6) One member shall be a representative of the Georgia Fire Investigators Association;

(7) One member shall be a representative of the Georgia Fire Inspector Association;

(8) One member shall be the fire chief for the Georgia Department of Corrections;

(9) One member shall be a representative of the Georgia Public Safety Educators Association;

(10) One member shall be a representative of a fire department located at an airport in this state or shall have a background in airport rescue fire fighting; and

(11) Two members shall be firefighters or have a background in fire fighting or fire safety.

(b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows:

(1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section;

(2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of subsection (a) of this Code section;

(3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of subsection (a) of this Code section;

(4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and

(5) The Executive Board of the Georgia State Firemen´s Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of subsection (a) of this Code section.

(c)(1) The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986 2006. The two members appointed pursuant to paragraphs (1), and (2), (3), and (4) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) (5), (6), (7), and (8) of subsection (a) of this Code section shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) paragraphs (9), (10), and (11) of subsection (a) of this Code section shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire.

(2) The members appointed by the Lieutenant Governor Senate Committee on Assignments and the members appointed by the Speaker of the House of Representatives shall each serve for terms concurrent with terms of members of the General Assembly.

(3) All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term; except that a vacancy in either of those members of the council appointed by the Lieutenant Governor Senate Committee on Assignments or the Speaker of the House of Representatives shall be filled for the remainder of the unexpired term in the same manner as the original appointment. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governor´s consideration in making an appointment to fill a vacancy.

(d) At the first regular meeting of the council held in each even_numbered year, the council shall elect a chairperson and such other officers from its own membership as it deems necessary to serve until successors are elected by the council as provided in this subsection Code section.

(e) The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council.

(f) Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of professional licensing boards by subsection (f) of Code Section 43_1_2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety."

SECTION 10.

Said title is further amended by striking Code Section 25_4_6, relating to meetings of the Georgia Firefighter Standards and Training Council, and inserting in lieu thereof a new Code Section 25_4_6 to read as follows:

"25_4_6.

The business of the council shall be conducted in the following manner:

(1) The council shall hold at least two regular meetings each year at the call of the chairman chairperson or upon the written request of four members of the council. Four Ten members of the council shall constitute a quorum.; and

(2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation."

SECTION 11.

Said title is further amended by striking Code Section 25_4_7, relating to the functions and powers of the Georgia Firefighter Standards and Training Council, and inserting in lieu thereof a new Code Section 25_4_7 to read as follows:

"25_4_7.

(a) The council is vested with the following functions and powers:

(1) To promulgate rules and regulations for the administration of the council;

(2) To provide rules of procedure for its internal management and control;

(3) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter;

(4) To establish uniform minimum standards for the employment and training of full_time, part_time, or volunteer firefighters, airport firefighters, fire and life safety educators, fire inspectors, and fire investigators, including qualifications, certifications, recertifications, and requirements, which are consistent with this chapter;

(5) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full_time, part_time, or volunteer firefighters, airport firefighters, fire and life safety educators, fire inspectors, and fire investigators;

(6) To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training firefighters and firefighter recruits, including airport firefighters;

(7) To make or support studies on any aspect of fire_fighting education and training or recruitment;

(8) To make recommendations concerning any matter within its purview;

(9) To establish basic firefighter training requirements for full_time, part_time, and volunteer firefighters, including airport firefighters;

(10) To certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this Code section of this subsection and the qualifications for employment covered in this chapter; and

(11) To issue a certificate to any person who has received training in another state or who has received training as a federal firefighter by the United States government, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter;

(12) To accept gifts, grants, and donations, including real and personal property and services, for the purposes of carrying out this chapter;

(13) To operate and maintain the Georgia Fire College, including the establishment and conduct of training programs and the promulgation of rules and regulations relative thereto; and

(14) To select and fix the compensation of the superintendent of the Georgia Fire College.

(b)(1) The Georgia Fire College, which shall be the successor to the Georgia Fire Academy, shall have the following purposes, through training and research:

(A) To reduce the costs in suffering and property loss resulting from fire;

(B) To provide professional training to paid, volunteer, and other publicly or privately employed firefighters at a minimal cost to them and their employers;

(C) To assist the state and its counties, municipalities, and other political subdivisions and the officers thereof in the investigation and determination of the causes of fires;

(D) To develop new methods of fire prevention and fire fighting;

(E) To provide facilities for testing fire_fighting and fire prevention equipment; and

(F) To assist the state and its counties, municipalities, and other political subdivisions in the training and operations of fire department related emergency medical services and rescue services.

(2)(A) On January 1, 2006, the Georgia Firefighter Standards and Training Council shall cease to exist and the terms of all members of the council shall expire. On such date, all functions, duties, programs, and personnel as well as all funds, property, and other items and assets of the Georgia Firefighter Standards and Training Council shall be transferred to the Georgia Fire College Council.

(B) On January 1, 2006, the Georgia Fire Academy shall cease to exist and all functions, duties, programs, and personnel as well as all funds, property, and other items and assets of the Georgia Fire Academy shall be transferred to the Georgia Fire College.

(C) All rules and regulations of the Board of Public Safety applicable to the Georgia Fire Academy shall continue in force and effect as rules and regulations of the Georgia Fire College Council and shall apply to the Georgia Fire College as the successor to the Georgia Fire Academy until changed by the Georgia Fire College Council.

(D) All rules and regulations of the Georgia Firefighter Standards and Training Council shall continue in force and effect as rules and regulations of the Georgia Fire College Council until changed by the Georgia Fire College Council."

SECTION 12.

Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 25_4_8, relating to qualifications of firefighters generally, and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) Not have been convicted of a felony in any jurisdiction or of a crime which if committed in this state would constitute a felony under the laws of this state within ten years prior to employment, provided that a person who has been convicted of a felony more than five but less than ten years prior to employment may be certified and employed as a firefighter when the person has:

(A) Successfully completed a training program following the Georgia Fire Academy or Georgia Fire College curriculum and sponsored by the Department of Corrections;

(B) Earned and possesses a first class firefighter diploma;

(C) Been recommended to a fire department by the proper authorities at the institution at which the training program was undertaken; and

(D) Met all other requirements as set forth in this chapter.

The council shall be the final authority with respect to authorizing employment and certification of a person who has been convicted of a felony more than five but less than ten years prior to seeking employment when the person is seeking employment as a firefighter for any municipal, county, or state fire department which employs three or more firefighters who work a minimum of 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state codes, as well as enforcing any law pertaining to the prevention and control of fires;".

SECTION 13.

Said title is further amended by striking Code Section 25_4_9, relating to basic firefighter training courses, and inserting in lieu thereof a new Code Section 25_4_9 to read as follows:

"25_4_9.

(a) Full_time, part_time, and volunteer firefighters, including airport firefighters, shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training, including airport rescue firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter or, in the case of airport firefighters, within such time period as the council may prescribe by rule or regulation.

(b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department.

(c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section."

SECTION 14.

Said title is further amended in Article 1 of Chapter 4 by adding two new Code sections to the end thereof to read as follows:

"25_4_13.

On January 1, 2006, the superintendent of the Georgia Fire Academy shall become the superintendent of the Georgia Fire College. The superintendent of the Georgia Fire College shall be responsible for the selection of a staff. He or she shall also be responsible for the execution of all policies, programs, directives, and decisions promulgated by the Georgia Fire College Council and for the direction of the staff and the daily operation of the Georgia Fire College.

25_4_14.

(a) Subject to the rules and regulations prescribed by the Georgia Fire College Council, the training program of the Georgia Fire College shall be made available to all firefighters and may also be made available to other persons who evidence interest in entering the fire_fighting profession. The council is authorized to prescribe fees to cover all or a part of the cost of furnishing the training, under such rules and regulations as the council shall prescribe. The state, municipalities, and counties are authorized to expend funds for the purpose of paying such fees. The council is given full authority to decide who shall be allowed to enroll in the training program of the Georgia Fire College.

(b) It is not the intention of this chapter that it be mandatory that any firefighter be required to attend the Georgia Fire College. The training program established at the Georgia Fire College shall not supersede any training program for firefighters now in existence or hereafter established but shall be separate and apart from any other training programs for firefighters."

SECTION 15.

Said title is further amended by repealing Article 2, relating to airport firefighters, in its entirety.

SECTION 16.

Said title is further amended by striking subsection (b) of Code Section 25_6_4, relating to the purpose of mutual aid resource pacts, and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) Any pact established under authority of this chapter is charged with the responsibility of establishing an overall plan or plans for carrying out the intended purpose and other provisions of this chapter. No pact may be established unless it complies with this chapter. Within the limits of funds available to it, the pact may acquire and operate property and equipment, including, but not limited to, a dispatch center and a communications center; and it may extend the advantages of group purchasing and benefits to jurisdictions that are members of the pact. Member jurisdictions shall adopt the training programs of the Georgia Fire Academy College in order to ensure a basic standardization of operations and philosophy; this. This requirement shall not be construed as limiting the training practices or requirements of any jurisdiction, as it is intended that the programs of the Georgia Fire Academy College be used to supplement the training practices and requirements of member jurisdictions. The pact shall cooperate with other state and federal agencies and with civil defense authorities on all levels. The state fire marshal may render advice, recommendations, and assistance to a pact, upon request. Members of a pact shall cooperate with the state fire marshal on matters relating to fire investigations and the enforcement of the arson statutes of the state."

SECTION 17.

Said title is further amended by repealing and reserving Chapter 7, relating to the Georgia Fire Academy.

SECTION 18.

Code Section 45_9_102 of the Official Code of Georgia Annotated, relating to definitions under temporary disability program, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) 'Firefighter' or 'fireman' means:

(A) Any person who is employed as a professional firefighter on a full_time basis by any municipal, county, or state government fire department certified in writing by the Georgia Firefighter Standards and Training Fire College Council pursuant to Code Section 25_3_22 employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property; or

(B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Firefighter Standards and Training Fire College Council pursuant to Code Section 25_3_22 who performs any acts or actions while on duty and when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property."

SECTION 19.

Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by striking paragraph (2) of Code Section 47_7_1, relating to definitions relative to the Georgia Firefighters´ Pension Fund, and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) 'Fire department' means a full_time fire department or volunteer fire department which satisfies the following criteria:

(A) The fire department is certified by the superintendent of the Georgia Fire Academy College as provided in Chapter 3 of Title 25;

(B) The public fire suppression facilities of the fire department are ratable not less favorably than a class eight rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6_80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner.

The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firefighters and volunteer firefighters to become members of the fund to obtain creditable service with the fund."

SECTION 20.

Said title is further amended by striking paragraph (2) of Code Section 47_7A_1, relating to definitions relative to the Georgia Class Nine Fire Department Pension Fund, and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) 'Fire department' means a full_time fire department which satisfies the following criteria:

(A) The fire department is certified by the superintendent of the Georgia Fire Academy College as provided in Chapter 3 of Title 25; and

(B) The public fire suppression facilities of the fire department are ratable as a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6_80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or ratable as a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner."

SECTION 21.

For the sole purpose of appointing the members of the Georgia Fire College Council, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on January 1, 2006.

SECTION 22.

All laws and parts of laws in conflict with this Act are repealed.