FIRE AND RESCUE COMMISSION (formerly § 21-4B) - REGULATIONS

To establish a procedure by which individuals who apply for volunteer membership to any of the fire and rescue corporations in Montgomery County are screened for the use of drugs, and are required to provide proof of a medically acceptable rating by the Occupational Medical Section which includes a negative result from a drug screening test prior to acceptance.

This regulation applies to all independent fire and rescue corporations in Montgomery County and to all individuals who apply to serve as volunteer active members.

If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation.

This regulation is effective 30 days after Council adoption or 90 days after Council receipt if the Council takes no action within 60 days of its receipt.

Appendix A - Applicant Drug Testing Notification

Appendix B - Chain of Custody Procedure

Appendix C - Follow-up Procedure of Positive Test Results

Appendix D - Laboratories Certified by the State of Maryland to Perform Job-Related Drug Screening

To establish the procedure for reimbursement of expenses incurred by fire and rescue personnel while on local and non-local travel necessary to perform authorized fire and rescue corporation or County business.

This regulation applies to all volunteer fire, rescue, and emergency medical service personnel of the independent fire and rescue Corporations in Montgomery County, employees of the Corporations, and employees of the Department of Fire and Rescue Services traveling on behalf of a Corporation. The guidelines as outlined in this regulation apply to reimbursement for expenses from Fire Tax District funds budgeted to the independent fire and rescue corporations.

If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation.

This regulation is effective 30 days after Council adoption or 90 days after Council receipt if the Council takes no action within 60 days of receipt.

I, ________________________________________, understand that a urine screen for the presence of drugs, administered by the Montgomery County Occupational Medical Section, is a condition of my volunteer service. I further understand that the results of this urine screen will be released only to me and the Montgomery County Medical Examiner, and will be used solely to complete my application for volunteer service. The results of this screen will not be disclosed without my written consent to another person or agency for any other purpose, including any administrative, civil, or criminal proceeding.

I, _________________________________________, have been informed that ___________

______________________________________, located at __________________________________

__________________, is the certified laboratory which will perform drug testing on my urine specimen

collected on _______________________ in the Occupational Medical Section. I understand that I have the right to request independent testing of the same specimen at my own expense at another certified laboratory if my urine specimen tests positive for drugs or alcohol.

_________________________________________ ________________________________

Applicant Date

1. The applicant must submit a signed Notification Form prior to testing. A copy of the form will be given to the applicant and the original will be placed in the individual's medical file.

2. The applicant's identity will be accurately established by examination of a driver's license or other valid photo identification whenever possible. Both the photo and signature of the individual should be compared. A copy of the photo identification will be dated, initialed by an OMS staff person, and placed in the applicant's medical file. If no photo identification is available, identification by a corporation representative may be substituted.

3. The applicant must provide a medication history which includes any over-the-counter drugs, sleeping medication, tranquilizers, pain medication, allergy and cold medications, and muscle relaxants taken within the last 30 days.

4. The applicant must provide a dietary history which covers the previous few days.

5. The medical attendant must explain the collection procedure to the applicant.

6. The laboratory provides sealed urine containers to the OMS for drug screening. The medical attendant must check the container in the presence of the applicant to ensure that it is clean and has not been tampered with.

7. The medical attendant must open the container in the presence of the applicant and hand the open container to the individual as the applicant enters the bathroom. The bathroom is private and located within the clinic.

8. The applicant may not take a coat, Jacket, purse, bag, etc. into the bathroom.

9. Upon exiting the bathroom, the applicant must hand the specimen directly to the medical attendant waiting outside the bathroom door.

10. The medical attendant must ensure that the sample is kept in visual sight of both the applicant and the medical attendant.

11. The specific gravity and pH of the sample will be determined immediately in the applicant's presence. If the specific gravity is 1.000 or less or if the specific gravity is 1.030 or greater, the specimen must be discarded and another specimen will be collected under direct observation. If the pH is 5.0 or less or if the pH is 8.5 or greater, the specimen must be discarded and another specimen will be collected under direct observation.

12. If direct observation of the urine collection is required, a medical attendant of the same sex must be present in the bathroom.

13. In the presence of the applicant, the medical attendant must immediately write the date and the applicant's name on the white label of the container and place a “CONFIDENTIAL” tape across the container's cap.

14. The applicant must immediately initial the white label on the container and the “CONFIDENTIAL” tape on the cap. The medical attendant must inform the applicant prior to initialing that initialing the specimen is the applicant's acknowledgment of ownership of the specimen.

15. The laboratory requisition form must be completed in the presence of the applicant. The applicant must check the accuracy of the identifying information. The name of the applicant must be identical on both the requisition and the specimen bottle. The applicant must initial the requisition form.

16. The requisition form must be accurately completed with the following information:

1) name of the applicant;

2) whether the specimen collected was observed;

3) whether the specimen was received directly from the applicant;

4) the drug test profile number;

5) the specimen collection date and time; and

6) the signature of the person responsible for collecting, handling, storing or packaging the specimen at the collection site.

17. The original laboratory requisition must be wrapped around the specimen container and both will be sealed in a security bag provided by the laboratory. A copy of the requisition must be placed in an outside pocket on the same bag and sealed. A second copy will be placed in the applicant's medical file.

18. The sample must be stored in the OMS clinic refrigerator until picked up by the laboratory courier. The refrigerator is located in a secured area which is visible to the staff at all times.

19. Specimens will be picked up daily by the laboratory courier. If a specimen is collected after the daily pickup, the specimen must be secured under lock and key.

20. Both the courier and an OMS staff member must sign off in a log book attesting to an unbroken seal of the security bag.

1. The laboratory must send confirmed positive test reports to the Medical Examiner. The report will include the results of both the initial screening test and the confirmation test. The laboratory's toxicologist must send a confidential letter to the Medical Examiner certifying the accuracy and reliability of the confirmed positive test results and adherence to chain of custody procedures.

2. The Medical Examiner must inform the applicant of a confirmed positive test result. The applicant will have the opportunity to discuss the test results with the Medical Examiner.

3. The Medical Examiner will review the applicant's medical and dietary history to learn whether a medication or food substance may have created a false positive result. If the physician suspects a false positive result, the applicant may submit additional information about medication and a dietary history, or submit to another drug screen.

4. If the applicant has a confirmed positive drug test result, the Medical Examiner will provide a copy of the laboratory report to the applicant within 30 days of the date of the test.

5. If an applicant has a confirmed positive drug test result and the individual has indicated on the test notification form a desire for retesting at another laboratory, the OMS will notify the laboratories involved. The first laboratory is responsible for transporting the specimen to the second laboratory while maintaining chain of custody procedures. The second laboratory will send a report of retesting and documentation of chain of custody to the Medical Examiner with a copy provided to the applicant.

6. The Medical Examiner may advise the applicant of counseling and rehabilitation resources.

Below is a partial listing of certified laboratories authorized to perform job-related drug screening. The cost of drug screening with confirmation of positive results varies and may cost $150 or more. If the applicant selects a laboratory which is not listed, he or she will be required to provide documentation of current State and Federal certification to perform drug screening.

METPATH, INC.

1 Malcolm Avenue

Teterboro, NJ 07608

National Center for Forensic Science

Maryland Medical Laboratory

1901 Sulphur Spring Road

Baltimore, MD 21227

American Medical Labs., Inc.

11090 Main Street

Fairfax, VA 22030

Compuchem Laboratories, Inc.

P.O. Box 12652

3308 Chapel Hill Nelson Hwy

Research Triangle Park, NC 27709

Roche Biomedical Laboratories, Inc.

1447 York Court

Burlington, NC 27218

SmithKline Bio-science Laboratories

11425 Cronhill Road

Owings Mills, MD 21117

To establish a safety procedure which all personnel must follow consistently while driving, riding, or operating fire or rescue apparatus in order to reduce the risk of accidents and personal injury.

This procedure applies to all on-duty fire, rescue, and emergency medical service personnel, who are driving, riding, or operating apparatus. Personnel who drive or ride in command vehicles, cars, ambulances, medic units, utility trucks, or canteen vehicles are excluded from the requirement to wear protective clothing while responding to incidents.

All personnel are responsible for complete and consistent adherence to this policy. The Unit Officer in charge of the apparatus is responsible for the enforcement of this policy by requiring full and consistent compliance with its provisions before allowing any vehicle to be moved.

If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation.

This regulation is effective 30 days after Council adoption or 90 days after Council receipt if the Council takes no action within 60 days of its receipt.

To provide a standard for hair length and style to ensure the safety and enhance the professional appearance of all on-duty fire and rescue service personnel.

This regulation applies to all on-duty fire, rescue, and emergency medical service personnel who are authorized to respond to emergency incidents in Montgomery County.

It is the policy of the Fire and Rescue Commission that all on-duty fire and rescue personnel must adhere to these hair and grooming standards, which are intended to ensure their safe use of protective respirator facepieces and headgear, and to enhance their professional appearance.

At the discretion of the Fire and Rescue Commission, exceptions to this standard may be made under special circumstances. Requests for these exceptions must be made to the Commission, including documentation justifying the exception, and supporting memoranda from the Chief of the Corporation or Director of the Department.

If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect other parts of the regulation.

This regulation is effective thirty days after Council adoption or ninety days after Council receipt if the Council takes no action within sixty days of receipt.

To establish conditions and restrictions on volunteer activities provided to the Local Fire and Rescue Departments by a MCFRS Division of Fire and Rescue Services employee in the firefighter/rescuer occupational series.

This Executive Regulation applies to any Montgomery County employee in the firefighter/rescuer occupational series, including the positions of:

Fire/Rescue Chief

Fire Rescue Deputy Chief

Fire/Rescue Assistant Chief

Fire/Rescue District Chief

Fire/Rescue Captain

Fire/Rescue Lieutenant

Master Firefighter/Rescuer

Firefighter/Rescuer III

Firefighter/Rescuer II

Firefighter/Rescuer I (Recruit)

a. Integrated Emergency Command Structure (IECS). The operational chain-of-command system used for incident command in the Montgomery County Fire and Rescue Service that provides for the integration of all certified fire and rescue personnel into a command structure on fire, rescue, and emergency medical service incidents.

b. Operational Volunteer Activities. The provision of fire suppression, rescue, and emergency medical services, in accordance with the Integrated Emergency Command Structure.

c. Volunteer. For the purpose of this Regulation, an individual who freely and without coercion provides fire suppression, rescue, and emergency medical services, and/or related administrative duties, with a Local Fire and Rescue Department in Montgomery County.

a. A DFRS employee in the firefighter/rescuer occupational class must not volunteer at a higher rant than the employee’s current IECS rank.

b. A DFRS employee who is removed or suspended from the IECS while serving as a volunteer or employee must not participate in any MCFRS operational activities for the duration of the employee’s removal or suspension.

A DFRS employee must not provide more than 48 continuous hours of shift work, volunteer assignments, or any combination thereof, in firefighting, rescue, or emergency medical services in Montgomery County.

a. County leave provisions distinguish between injuries sustained while providing volunteer services, and those sustained while performing DFRS assignments. A DFRS employee is not eligible to use Disability Leave for injuries occurring during volunteer service. A DFRS employee must use sick leave, or leave without pay, for failure to report to DFRS work assignments due to recuperation or recovery from injuries sustained while performing volunteer duties.

b. A DFRS employee must report to the employee’s DFRS District Chief immediately, but not later than 24 hours after sustaining any injuries while performing career or volunteer assignments, to differentiate the applicable leave provisions.

a. A DFRS employee who volunteers for an LFRD must not perform operational volunteer activities in the same LFRD to which the employee is assigned as a DFRS employee. This prohibition also applies to assignments due to transfer, overtime, details, and work substitutions, consistent with Sec. 21-17(a)(1) of the County Code.

b. Notwithstanding Sec. 7.a.,* the operational needs of MCFRS are paramount and may require a DFRS employee to be reassigned due to transfer, overtime, details, or work substitutions. LFRD membership or association must not prevent or affect the transfer or re-assignment of a DFRS employee to a particular work site. If a DFRS employee is transferred or detailed to the same LFRD that the employee serves as a volunteer, the employee must immediately cease volunteer activities and report the matter to the DFRS District Chief.

a. A DFRS employee’s volunteer service must not accrue to time in grade or time in service requirements for promotion, seniority, transfer, retirement, or other provisions for service time as a DFRS employee.

b. A DFRS employee may participate in the Length of Service Awards Program (LOSAP) for LFRD volunteers, and may receive other benefits available to LFRD volunteers under Section 21-21 of the County Code for time spent and time accrued as an LFRD volunteer.

c. A DFRS employee must not receive LOSAP points or other volunteer benefits for activities performed while serving as a DFRS employee.

d. A former DFRS employee who has received a County disability retirement must not perform operational volunteer activities.

a. Mandatory Overtime and Shift Hold-over. Any mandatory DFRS overtime or shift hold- over required of a DFRS employee that is considered necessary to meet the operational or administrative emergency needs of the County, as ordered by the DFRS Division Chief or his/her designee, takes precedence over any volunteer LFRD assignment that may conflict with the mandatory overtime or hold-over requirement.

b. Assignment during Hold-over. If any mandatory hold-over assignment of a DFRS employee while performing emergency operational volunteer fire and rescue services for an LFRD would conflict with the DFRS employees’ normal work assignment, the DFRS employee must notify the LFRD Chief or LFRD Duty Officer in advance, or as soon as practicable. The LFRD Chief or Duty Officer must promptly notify the DFRS Shift Chief. However, the DFRS employee is ultimately responsible for notifying the employer that the employee will be unable to report for duty at the employee’s assigned location. The Shift Chief must take the appropriate action regarding scheduling. When the Shift Chief is notified that the time used by the DFRS employee was spent in emergency operational volunteer fire and rescue services as a volunteer, the DFRS employee may be placed in pay status at the employee’s normal reporting time. When the LFRD assignment is completed, the DFRS Shift Chief must determine the DFRS employee’s assignment or leave status for the balance of the shift.

c. Participation on MCFRS Specialty Teams. DFRS employees are selected for participation on MCFRS specialty teams on a competitive basis. The DFRS employee must not provide voluntary (unpaid) services to MCFRS specialty teams because the training and deployment of some teams may potentially impact on the employee’s career assignment.

d. If a DFRS employee is receiving workers’ compensation pay for injuries sustained as an LFRD volunteer, the employee must be placed in a “leave without pay” status while receiving workers’ compensation benefits, or until the employee’s disability retirement is determined, or whatever employee status is appropriate. If a DFRS employee is assigned to light duty status as a result of a medical condition, or is on sick leave, or on medical disability status, the DFRS employee must not perform or participate in LFRD operational activities.

a. Application for Volunteer Service. Before providing volunteer service, a DFRS employee must execute an “Application for Volunteer Service” annually, and with any change of LFRD membership. This application must certify that the employee is providing services to the LFRD freely and without coercion. However, a DFRS employee may discontinue the employee’s volunteer service at any time.

b. Previous Regulation. This Regulation replaces and supersedes Executive Regulation 6-94. However, this Regulation will be null and void, and Regulation 6-94 will become effective immediately as if it had not been replaced or superseded, and all DFRS firefighters must cease operational volunteer activities until further notice by the Fire Administrator if a court, any federal or state agency with jurisdiction, or the Merit System Protection Board finds that the County or the LFRD must pay overtime, or any form of compensation, statutory damages under any federal or state wage law, or expenses, to a DFRS employee due to the performance of operational volunteer activities, or service as a volunteer.

The Division of Fire and Rescue Services is responsible for investigating and retaining accurate information related to the misconduct of a DFRS employee when the employee is on or off duty, or when the employee is serving as an LFRD volunteer. Regardless of the employee’s duty status, DFRS employees are subject to all DFRS policies and regulations at all times.

The provisions of this Regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the Regulation remains in effect.

To require all individuals who apply for Emergency Medical Services membership in the fire and rescue corporations to pass a medical screening consistent with the provisions of NFPA 1001 Medical Standards, as amended, for their own safety as well as that of their colleagues and patients while on emergency responses.

This regulation applies to all volunteer fire and rescue corporations and to volunteer applicants for Emergency Medical Services membership in those corporations.

All individuals who apply to become volunteer Emergency Medical Services members in the fire and rescue corporations must pass a medical screening consistent with the provisions of NFPA 1001 Medical Standards, as amended.

If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation.

This regulation takes effect upon adoption of the Council resolution approving it.

To establish uniform procedures by which the fire and rescue Corporations may use County tax and grant funds to procure goods and services at the best reasonable price, and to account for and dispose of fixed assets purchased with these funds.

This regulation applies to all fire and rescue Corporations which receive and expend County tax and grant funds.

a. Board of Directors/Trustees. The governing body of the independent fire and rescue Corporations, as constituted by their individual by-laws.

b. Competitive Bid Process. The process by which vendors are provided with minimum valid specifications, including a description of the goods or services to be procured, so they can respond with bids for the Corporations to review. The competitive bid process evaluates the cost as well as the reliability and delivery capability of all vendors.

c. Corporation. A fire or rescue corporation established in the County, authorized to provide fire, rescue, or emergency medical services.

d. Emergency. An unsafe condition endangering health, life or property, possibly resulting in unforeseen curtailment or termination of an essential service, thereby requiring immediate corrective action.

e. Fixed Asset. An item which originally costs $1,000 or more and which has a useful economic life of more than one year, e.g., the individual components of a SCBA refill system, a vehicle lifting device in a maintenance bay, hydraulic bolt cutters, office equipment, furniture, tools, EMS equipment, etc. Fixed assets must be controlled for custody purposes and are budgeted in both the Operating Expense and the Capital Outlay sections of the Corporations' Operating Budgets.

(Items which cost more than $1000 but then become a permanent part of a structure or the surrounding property (e.g., sliding poles, overhead doors, fuel tanks, etc.) are not considered fixed assets.)

f. Purchase Order. A pre-numbered document required to initiate the purchase of goods and services from any tax operated account, to initiate, process, and document purchases when approved and submitted to vendors.

g. Purchasing Officer(s). Individual(s) selected from the Corporation's volunteer uniformed personnel, its board of directors/trustees, or its employees, who will be responsible for the purchase of the Corporation's routine goods and services not exceeding $1,000. The Corporation's chief or president reviews the actions of the Purchasing Officer and therefore must not serve in this capacity.

h. Sole Source Procurement. A non-competitive award which may be justified if there is a valid public purpose and one or more of the factors below exist:

1. only one source exists for the required goods, service, or construction which can meet the Corporation's minimum valid needs;

2. only one source can meet the required valid performance or delivery due dates;

3. only one source can provide the required compatibility of equipment, accessories or replacement parts.

i. Tax and grant funds. Those monies appropriated by the County Council on an annual basis for the use of the Corporations to operate the various stations, including State 508 funds.

It is the policy of the Fire and Rescue Commission to ensure that all tax and grant funds appropriated and budgeted for use by the fire and rescue Corporations are fully accounted for; that the maximum value of goods and services is secured at the lowest possible price for all expenditures; that goods and services are sought via competitive bid where appropriate and efficient; and that all fixed assets which the Corporations purchase with tax and grant funds are accounted for consistent with appropriate methods of inventory control and sound business practices.

Fixed assets must also be disposed of appropriately to maximize their useful life to the fire and rescue system and provide the greatest return value to the County, commensurate with condition.

All Corporations which receive County tax and grant funds must follow the procurement procedures below to purchase goods and services with these funds and to control, account for and dispose of fixed assets. Corporations may establish more restrictive policies and practices at their discretion.

I. Purchasing.

a. Each Corporation must designate at least one Purchasing Officer authorized to initiate the purchase of routine goods and services not exceeding $1000.

b. Proposed purchases exceeding $1,000 must be approved through the Corporation's established review authority or chief, president, or board of directors/trustees before execution.

c. At least 3 oral quotes should be obtained where possible for all purchases not exceeding $3000, except for the payment of utility expenses.

d. A purchase order must be used to purchase all goods and services and capital equipment. Non-discretionary expenses such as fuel, electricity, gas, telephone bills, and refuse removal are exempt from this requirement because the monthly statement from these vendors effectively constitutes a purchase order.

e. The individual approving the purchase order must not be the corporate official who authorizes the payment for these goods or services.

f. At least 3 written bids must be obtained for purchases of $3,000 or more. If three bids cannot be obtained, or if there is sufficient justification for sole source procurement, this must be documented by the Corporation's chief or president and made a part of the purchase record.

g. Prior approval is not required to initiate the emergency repair of fire and rescue vehicles or buildings; however, the Corporation's chief and president must be consulted before any actions are taken and kept informed of their potential costs. Emergency repairs must be documented with a full written rationale, including, completion of a normal purchase order within 48 hours of the occurrence.

h. All awards must be based upon the lowest price meeting the minimum valid specifications or scope of work.

i. A list of the previous month's expenditures must be provided to the Corporation's board of directors/trustees at each of their periodic meetings for review.

j. A written record of all competitive and sole source transactions and documents must be retained for at least 5 years.

II. Control and Accountability of Fixed Assets.

a. Corporations must label each item with a numbered inventory tag and develop and maintain an inventory list of all fixed assets. The inventory list must include:

1. a description of each fixed asset;

2. its manufacturer, serial number, and/or model number;

3. the vendor's name;

4. the purchase date;

5. the purchase price;

6. its current condition (excellent, good, poor);

7. if applicable, the date of disposal, to whom, and the selling price.

b. Corporations must conduct a physical inventory and update their lists annually in July or August. A copy of the updated inventory must be submitted to the Fire and Rescue Commission along with the Corporation's annual budget request.

c. Corporations must also submit a report to the Fire and Rescue Commission listing all fixed assets which are no longer used because they have become obsolete or surplus to the Corporation's needs.

d. Items which are mounted on apparatus and other equipment normally controlled and inventoried by the Department of Fire and Rescue Services are exempt from Corporation inventory list requirements.

III. Disposal of Fixed Assets.

a. The Fire and Rescue Commission may transfer serviceable fixed assets among Corporations or the FRC, Department of Fire and Rescue Services, or PSTA rather than approving requests to purchase new or additional stock of the same or similar types.

b. Fixed assets which a Corporation or the FRC, DFRS, or PSTA considers to be surplus, obsolete, or unusable must first be offered gratis to other Corporations or Montgomery County fire and rescue service entity by memorandum.

c. If no other Corporation or Montgomery County fire and rescue service entity requests the surplus fixed assets, the Corporation may sell them, to the highest responsible bidder, after public notice is given. Funds obtained from the sale must be deposited in the Corporation's tax account and shown as income.

d. When selling a fixed asset, the Corporation must select from the disposition methods below the one which will yield the greatest return to the County. These methods include:

1. competitive sealed bid;

2. competitive auction sale;

3. trade-in; or

4. exchange for fixed assets which are currently needed.

e. If these methods are inappropriate or fail to produce a fair price in the opinion of the Corporation, the Corporation may, with the Fire and Rescue Commission's prior written approval, negotiate the disposition of the material. The preferred option is to donate the item as a gift to a public or quasi-public agency within the County or an adjoining jurisdiction, or within the State of Maryland.

This Executive Regulation supersedes FRC Administrative Procedure No. 6-1, "Purchasing and Contracting Procedures."

If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation.

A regulation adopted under Method 2 becomes effective when the Council adopts a resolution approving it, or on a later date specified in the regulation. If the Council takes no action within sixty calendar days after receipt, or by any later deadline set by resolution, the regulation is effective the day after the deadline for approval, or on a later date specified in the regulation:

This Regulation adopts and implements training, experience, and credentialing certification standards, consistent with Montgomery County Code Section 21-18, and 21-8A. These requirements apply to volunteer and career personnel engaging in the same operational duties.

a. Active. IECS-certified career or volunteer personnel serving in positions directly involved in mitigating all-hazards and emergency incidents, including performing services such as response to: fires, rescue incidents, medical emergencies; and acts of terrorism and catastrophic events caused by weapons of mass destruction.

b. All-Hazards Incident. Any event, whether natural or human-caused, that requires mitigation to: protect life, property, the environment, public health, or safety; and minimize the disruption of government, social, or economic activities.

c. Basic Core Training Requirements. Core requirements that are developed as minimum training requirements for participation in the IECS, that meet staffing needs for personnel assigned either to fire suppression units, or to EMS units. These basic core training requirements are indicated in Appendices A-1 for Firefighter/Rescuers, and A-2 for EMS Providers.

d. Career (employee). A fire/rescue Merit System employee of Montgomery County, or an employee of a local fire and rescue department, who provides firefighting, rescue, or emergency medical service.

e. Certified/Certification. Documented proof of an individual’s knowledge, skills, and abilities (KSAs), and a determination of competency through a process identified by the Fire Chief, which may include testing, evaluation, or practical exercise components.

f. Certified Chief Officer. An MCFRS officer who has met the training and experience requirements identified in this Regulation and has been certified at the IECS rank of Battalion Chief or above by the Fire Chief or designee.

g. CBRNE. The term of art acronym for chemical, biological, radiological, nuclear, and explosive hazards, any one or a combination of which are considered to be included in the term “weapons of mass destruction.”

h. Competency Evaluation. A process that evaluates an individual’s knowledge, skills, and abilities within a particular rank. Competency evaluation may include a written or oral exam, an evaluation by skills demonstration, or tabletop exercise.

i. Credential/Credentialing. A system of certifying personnel who are qualified to respond to all-hazards incidents locally, regionally, and nationally. This system will enable the development of local minimum standards and national standards for those personnel who are qualified to provide an intrastate and interstate application. For Certified Chief Officers, this process will include successful demonstration of required competencies.

j. EMS Provider. A volunteer member of MCFRS who provides only emergency medical services.

k. Emergency Service Provider. An individual who is accepted as a volunteer or career employee of the Montgomery County Fire and Rescue Service, and who is certified to perform firefighting, rescue, or emergency medical services.

l. Firefighter/Rescuer. A career or volunteer member of MCFRS who provides firefighting, rescue, and emergency medical services.

m. FROMS. Acronym for Fire and Rescue Occupational Medical Sections.

n. Integrated Emergency Command Structure (IECS). The operational chain of command and rank structure that integrates all fire and rescue services personnel, both career and volunteer, who have met the applicable training, experience, certification, and credentialing requirements.

o. IECS-Certified. Status indicating an individuals eligibility to serve at a specific rank level, as noted in Regulation no. 16-05AM, Integrated Emergency Command Structure, in accordance with these training and certification standards.

p. IFSAC. Acronym for International Fire Service Accreditation Congress, the organization that adopted the professional qualification standards defining the knowledge and performance requirements for fire service personnel.

q. KSAs. Abbreviation for Knowledge, Skills, and Abilities, a listing of the qualifications and personal attributes that are needed to qualify for a specific position.

r. MFSPQB. Abbreviation for Maryland Fire Services Personnel Qualifications Board, the accreditation agency for fire service personnel in the State of Maryland.

s. Montgomery County Fire Corps (“Fire Corps” or “MCFC”). Individuals who have been approved by the Chief, Division of Volunteer Services, who volunteer their time, skills, and abilities to provide non-operational, non-emergency, administrative and other types of service and assistance to MCFRS and the residents of local communities, in support of the mission and goals of MCFRS.

t. NBFSPQ. Abbreviation for National Board on Fire Service Professional Qualifications, which uses the NFPA’s professional qualifications standards to define the knowledge and performance requirements for fire service personnel.

u. National Incident Management System - Incident Command System (NIMS-ICS). A standardized, consistent, nation-wide approach enabling federal, State and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of their cause, size, or complexity, that provides for interoperability and compatibility among responders. The NIMS includes a core set of concepts, principles, terminology, and technologies covering: the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources; qualifications and certification; and collecting, tracking, and reporting of incident information and resources.

v. Peer Evaluation. A process by which an officer of equal or senior rank uses established benchmark criteria to evaluate another officer’s or firefighter’s performance during an emergency incident.

w. Personnel. All active, IECS-certified firefighter/rescuer and emergency medical service providers, including volunteers and employees of the Local Fire and Rescue Departments, and County Merit System employees of the MCFRS.

x. Provisional Period/Status. The status of an MCFRS individual who is rated medically unacceptable by FROMS, or who is on a leave of absence from MCFRS, or has failed to recertify in his/her current MCFRS rank. This individual must not participate in IECS activities, except as approved by the Fire Chief.

y. Training Officer. The individual designated by the Fire Chief with the responsibility to train all operational personnel of the Montgomery County Fire and Rescue Service.

z. Volunteer. An individual who, without salary, performs firefighting, rescue, or emergency medical services with the MCFRS, as part of its Division of Volunteer Services.

aa. Weapons of Mass Destruction (WMD). Chemical, biological, radiological, nuclear, or explosive weapons that are capable of indiscriminately killing large numbers of human beings.

This Regulation applies to all new, provisional, and active firefighter/rescuer and emergency medical services personnel, both career and volunteer, who provide firefighter/rescuer or emergency medical services.

All active firefighter/rescuer and emergency medical services personnel must meet applicable standards of training and experience to be eligible to serve in the Montgomery County Fire and Rescue Service, and to participate in the IECS. Most training requirements may be met at the MCFRS Public Safety Training Academy (PSTA). However, MCFRS personnel may also take training from other agencies and organizations. Certain training requirements may be met through the successful completion of Web-based, on-line interactive courses, including required NIMS-ICS classes IS-700, IS-100, IS-200, and IS-800.

For equivalency requirements for training acquired on-line, or inside or outside Montgomery County, see Sec. 4.g., below. The training and experience requirements are defined and required by this Regulation, and are attached as Appendix A-1 for Firefighter/Rescuers, and Appendix A- 2 for EMS Providers. An LFRD Chief may request the Fire Chief to list an individual as IECS- certified after the individual has completed the training and/or experience requirements for any stated rank or title.

a. Categories Established. Two categories of MCFRS participation are established: Firefighter/Rescuer (volunteer and career), and EMS Provider (volunteer only).

b. Medical Acceptance. Individuals who apply for IECS certification must meet the medical evaluation requirements established in Executive Regulation #01-05AM, Medical Standards for Operational Members and Candidates of the Montgomery County Fire and Rescue Service.

c. Entering MCFRS. An individual must be 16 years of age to qualify to train at the Montgomery County Public Safety Training Academy, and may enter the Montgomery County Fire and Rescue Service in one of several ways, as indicated below.

1. An individual may enter without any previous firefighting, rescue, or emergency medical service training or experience by making application to MCFRS.

2. An individual may become a volunteer member of MCFRS by meeting the membership requirements of a specific LFRD, or the Montgomery County Fire Corps, by successfully completing a criminal records background check, and being rated medically acceptable by FROMS under Executive Regulation #01-05AM, Medical Standards for Operational Members and Candidates of the Montgomery County Fire and Rescue Service.

3. An individual may have obtained previous certified equivalent training and experience, and may seek to enter from another jurisdiction.

4. An individual may re-enter the MCFRS service delivery system following a leave of absence from active IECS participation, and will enter Provisional Status, pending reinstatement.

d. Requirements for New Personnel.

1. Orientation Training. All personnel who enter MCFRS must successfully complete an orientation training program. Orientation training is performance-based and not hour-specific, and must meet the performance criteria established by the Fire Chief. Components of the orientation training may be conducted in the fire/rescue station, on-line (web-based), and/or at the Public Safety Training Academy.

2. The Fire Chief or LFRD Chief must certify and record successful completion of the orientation training for new personnel.

3. Personnel in the Firefighter/Rescuer category who successfully complete the orientation training are considered Firefighter/Rescuer candidates/recruits until they have met the training and/or certification and age requirement for Firefighter/Rescuer I.

A. A Firefighter/Rescuer candidate/recruit may ride fire suppression apparatus as an observer, and may assist qualified personnel only if proper supervision is provided by a Unit Officer. A Firefighter/Rescuer candidate/recruit may do the following only during supervised training sessions: enter Immediate Danger to Life or Health (IDLH) environments; enter burning buildings; participate in activities requiring advanced training; or be subjected to hazardous environments.

A Firefighter/Rescuer candidate/recruit does NOT qualify as minimum staffing.

B. A Firefighter/Rescuer candidate/recruit who has completed the initial year of service, and has reached 17 years of age, begins to qualify for the experience criteria for promotion.

4. Personnel in the EMS Provider category who successfully complete the orientation training are considered EMS Provider candidates/recruits until they have completed the training and/or certification and age requirements for EMS Provider I.

A. An EMS Provider candidate/recruit may ride apparatus as an observer, and may assist qualified personnel only if proper supervision is provided by a Unit Officer. An EMS Provider candidate/recruit may do the following only during supervised training sessions: enter IDLH environments, enter burning buildings, participate in activities requiring advanced training, or be subjected to hazardous environments.

An EMS Provider candidate/recruit does NOT qualify as minimum staffing.

B. An EMS Provider candidate/recruit who has completed the initial year of service, and has reached 17 years of age, begins to qualify for the experience criteria for promotion.

e. Basic Core Training Requirements. To participate in the IECS, and to be eligible to meet minimum staffing requirements for fire suppression and EMS units, all personnel must successfully complete the basic core training requirements, subject to the Transitional Provisions in Sec. 5.c. below.

1. Fire Suppression Units. Basic core training requirements to staff fire suppression units include successful completion of all courses listed as basic core training requirements in Appendix A-1.

2. EMS Units. Basic core training requirements to staff EMS units include successful completion of all courses listed as basic core training requirements in Appendix A-2.

3. EMT Requirement. All personnel on the IECS list must maintain Maryland Emergency Medical Technician-Basic (EMT-B) certification once they have achieved EMT status, or after having completed the 2-year transitional period.

f. Experience Requirements.

1. Volunteer fire and rescue personnel must meet the requirement for certification of active service (50 points) in accordance with the Montgomery County Length of Service Awards Program during a calendar year, to receive credit for that year’s experience.

2. Career fire and rescue personnel must attain at least a satisfactory performance evaluation, to receive credit for one year’s active experience.

g. Equivalency Process. Personnel who have acquired training inside or outside of Montgomery County, or Web-based, on-line interactive training, and/or experience from jurisdictions or agencies outside Montgomery County, may apply for equivalent training or experience and/or service time certification.

1. Personnel who enter MCFRS may request equivalency for experience and/or service time at similar ranks within the Montgomery County IECS. To request equivalency for experience and/or service time, personnel must complete and submit Appendix D, Experience and/or Service Time Application, with the specified supporting documentation, to the MCFRS Training Officer. The request must be accompanied by a description of the rank served in, and relevant information to enable a determination of activity level.

2. To request equivalency for training, personnel must complete and submit the Non-Jurisdictional Course Equivalency Application (Appendix C, attached), with the specified supporting documentation, to the MCFRS Training Officer.

3. The MCFRS Training Officer must review all equivalency requests within 15 working days of their receipt. If the MCFRS Training Officer confirms that the documentation meets the requirements of the course, the equivalency is approved and an equivalency certificate is issued.

4. If the MCFRS Training Officer does not recommend approval of an equivalency request, the request must be forwarded to the PSTA Equivalency Committee for its review and recommendation.

5. The PSTA Equivalency Committee must approve or deny the request, and may recommend additional action that the applicant may take to obtain approval.

6. An individual who is denied equivalency for training courses, experience, and/or service time may appeal the decision of the Equivalency Committee to the Fire Chief.

A. The individual must submit all equivalency appeals to the Fire Chief on Appendix C, Non-Jurisdictional Course Equivalency Application, or Appendix D, Experience and/or Service Time Equivalency Application, as appropriate.

B. Requests must include all supporting documentation.

7. The Fire Chief may grant equivalency or an extension of service time experience, based on an individual's KSAs, as described in Section 4.g.1. of this Regulation, on a case-by- case basis. The Fire Chief's decision to grant or deny any request for equivalency or extension is final and may not be appealed.

8. Personnel who have obtained IFSAC, NBFSPQ, or MFSPQB certification may be certified by the Training Officer as having equivalent training.

9. Experience for career and volunteer fire and rescue personnel is twelve months of active service time to receive credit for one year of experience.

10. Challenge Testing. Personnel who successfully complete the challenge testing process offered through the MFSPQB or the NBFSPQ certification program may be required to complete jurisdictional-specific components of a given training course, as required by the Training Officer.

h. EMS Providers. In-State EMS providers may qualify for charge status only when they are granted legal recognition or reciprocal certification, as established by the MCFRS Training Officer and the approval of their LFRD Chief.

i. Requirements for Certified Chief Officers. In addition to meeting the training and experience requirements in Appendix A-1 or A-2, a Certified Chief Officer must meet the program requirements of the MCFRS Command Officer Professional Development and Improvement (COPDI) Policy, and successfully complete an annual Competency Evaluation and an annual Peer Evaluation to maintain eligibility to participate in the IECS at the Certified Chief Officer level. The Fire Chief may place a Certified Chief Officer who fails to meet these requirements in Provisional Status.

j. WMD Response Training. All MCFRS personnel must complete Operations-level training in Weapons of Mass Destruction response, as recommended for all fire-service based first responders in the National Capital Region by the Metropolitan Washington Council of Governments Fire Chiefs. This training is intended to be funded through the Urban Areas Security Initiative (UASI), a federal Homeland Security grant program, and is subject to the availability of federal funding.

1. For the initial MCFRS roll-out, each incumbent Unit Officer at the ranks of Fire/Rescue/EMS Lieutenant and Captain must complete this training by September 30, 2010. New Fire/Rescue/EMS Lieutenants and Captains must complete this training within two years after their appointment/promotion. These deadlines are contingent on available federal funding.

2. By October 1st of each year, the Fire Chief must review MCFRS’ progress in meeting this training requirement, and report to the County Council on the training completed, and the amount of federal funding received and spent to date. The report must also indicate the remaining personnel to be trained, UASI funding available for this purpose, and the schedule for training the remaining personnel.

k. NIMS-ICS Training. All MCFRS IECS-certified personnel must complete NIMS-ICS training in compliance with Homeland Security Presidential Directive #5, dated 2/23/03, and Sec. 21-8A of the Montgomery County Code. HSPD #5 requires that local jurisdictions comply with NIMS in order to be eligible for federal preparedness assistance funding. In September 2006, the County council adopted Resolution 15-1612 establishing NIMS as the standard for incident management in Montgomery County.

1. All MCFRS personnel who were IECS certified on or before the effective date of this regulation must complete the appropriate level of NIMS-ICS training, as indicated in Appendix A-1 for Firefighter/Rescuers, and Appendix A-2 for EMS Providers, by October 10, 2009.

2. An LFRD Chief is not required to take NIMS courses IS-300 and IS-400. However, for an LFRD Chief to respond outside Montgomery County’s jurisdiction on mutual aid incidents or on National Incident Management requests, the LFRD Chief must have completed IS-300 and IS-400 courses.

3. All new, entry level MCFRS personnel must complete NIMS courses IS-700 and IS-100 within one year of their certification at the rank of Firefighter/Rescuer I/EMS Provider I.

4. NIMS courses IS-700, IS-100, IS-200, and IS-800 are web-based and internet accessible, and may be completed on-line. NIMS courses IS-300 and IS-400 for supervisory personnel require 40 hours of classroom training.

l. Promotions and Accrual of Experience for Promotion. Progression in IECS rank must be incremental, without skipping a position. Personnel who request promotion must have obtained the necessary training and experience requirements listed between, and included in, their current rank and the IECS rank to which they are requesting promotion. (Exception: Master Firefighter/Rescuer and Master EMS Provider are optional ranks.)

m. LFRD Requests for Temporary Promotions. A temporary promotion, as requested by an LFRD Chief, must comply with all applicable Fire and Rescue Commission, MCFRS, Executive Regulations, and/or LFRD policies. The Fire Chief must prepare a Notice of Temporary Promotion and circulate it to the field, as required in Executive Regulation #16- 05AM, Integrated Emergency Command Structure.

n. Promotion Eligibility. As of the effective date* of this Regulation, personnel are eligible for promotion to the highest rank as certified on the IECS list and/or the MCFRS Promotion Eligibility List, provided all certification requirements are maintained and current.

o. Recertification Requirements for MCFRS Personnel. Personnel in all ranks from Firefighter/Rescuer I/EMS Provider I through Chief must complete the annual recertifications below, subject to the transitional provisions in Section 5.c.

1. Annual recertification requirements for all ranks from Firefighter/Rescuer I/EMS Provider I through Chief include:

A. Air/Bloodborne Pathogens;

B. CPR-Healthcare Provider;

C. AED;

D. Hazardous Materials Operations; and

E. SCBA

2. Personnel who fail to maintain their certifications will be removed from the IECS list, placed in Provisional Status, and will no longer be certified in the active Service.

p. Certifications for Command Duties. An individual in a rank that must assume command duties on the scene of an incident must successfully complete an annual Competency Evaluation to maintain IECS certification.

1. Certified Chief Officers must successfully complete an annual Competency Evaluation and Peer Evaluation to maintain IECS certification.

2. Unit Officers at the rank of Firefighter/Rescuer III and Master Firefighter/Rescuer must successfully complete an annual Competency Evaluation to maintain IECS certification, if operating in the officer position.

3. Unit Officers at the rank of EMS Provider III and EMS Master Provider must successfully complete an annual Competency Evaluation to maintain IECS certification, if operating in the officer position.

4. Lieutenants and Captains must successfully complete an annual Competency Evaluation and Peer Evaluation to maintain IECS certification.

5. The Fire Chief will determine the content of the Competency Evaluation and Peer Evaluation for each rank.

6. The MCFRS Training Officer or designee will administer Competency Evaluations for annual command-level testing at the Command Development Center at the PSTA or other approved facilities.

7. An individual who fails to successfully complete a Competency Evaluation and/or Peer Evaluation will be placed in Provisional Status until the individual has successfully met the requirements.

8. All Competency and Peer Evaluations must be fair, objective, and performance based.

q. Credentialing. When federal requirements are in place, personnel serving in the Montgomery County IECS will be certified and nationally credentialed at the highest level attained in each IECS rank. At that time, the Fire Chief will maintain a list of qualified personnel who are certified and credentialed to participate in the IECS. MCFRS personnel will be required to maintain credentialing ID cards, consistent with the annual Competency Evaluation process.

r. Documentation. Personnel who request to participate in the Montgomery County IECS must provide documentation of their eligibility for certification, with the Emergency Service Provider Certification form (Appendix B). Documentation must include all required certificates or other records of successful completion of requirements, and/or other means of satisfying the training and experience requirements appropriate for the rank requested. The Fire Chief or designee must approve or disapprove the request within 14 calendar days of receipt.

s. Provisional Status.

1. An individual who intends to return to full active service from Provisional Status must become familiar with all new MCFRS policies, regulations, and protocols, and must successfully complete, subject to the transitional provisions in Sec. 5.c.:

A. all annual recertification requirements;

B. any requirements in Appendix A-1 or A-2, as applicable for the IECS rank they are re-entering in the active Service;

C. the current Maryland EMT-B;

D. the SCBA fit test; and

E. the medical evaluation requirements in Executive Regulation #01-05AM, Medical Standards for Operational Members and Candidates of MCFRS; and

F. any new federal or State required training adopted by the Fire Chief under Section 4.u. of this Regulation.

2. A Certified Chief Officer who is in Provisional Status must meet all of the above requirements, as well as COPDI requirements and KSA competencies for command officers, by successfully completing table top exercises and a written Incident Command System evaluation for all-hazards incidents, as described in Section 4.i. of this Regulation.

3. The Fire Chief’s designee must complete a review of individuals in Provisional Status. These individuals will be certified when they have met all the requirements for reinstatement, indicating they have satisfied the IECS requirements for the rank to which they have applied.

t. Restrictions while in Provisional Status. An individual who is in Provisional Status is not IECS-certified, and is, therefore, non-operational. However, with the Fire Chief’s approval, an individual in Provisional Status may provide restricted service on an incident scene. As determined by the Fire Chief, the individual may participate in limited response activity, pending completion/remediation of the individual’s training or certification deficiencies. An individual in this category may be required to successfully complete a demonstration of competencies, as defined by the Fire Chief. An individual in Provisional Status is in non-operational status and does not meet minimum staffing requirements. An individual in Provisional Status must agree to the terms of, and execute, a memorandum of understanding or written agreement with the Fire Chief.

u. Fire Chief’s Implementation of Additional Training Requirements. The Fire Chief may require additional training to comply with any new State or federal requirements applicable to MCFRS, or to meet immediate safety concerns and protect MCFRS personnel. Any new training requirements must be implemented by regulation. If immediate action is required, the Fire Chief may initially issue a General Order to field personnel requiring the new training. The General Order may remain in effect not longer than 90 days. The Fire Chief must issue regulations to implement the training before the General Order expires.

a. The Fire Chief must:

1. develop a list of all fire and rescue personnel in rank order, and certify qualified personnel who meet these training and experience standards to participate in the Montgomery County IECS;

2. ensure that the Equivalency Committee comprises a balanced representation of the career and volunteer components of the Montgomery County Fire and Rescue Service;

3. maintain a list of all qualified personnel who are certified and credentialed to participate in the IECS; and

4. by October 1st of each year, review MCFRS’ progress in meeting the WMD response training requirement in Section 4.j., and report to the County Council on MCFRS’ compliance, as required in Section 4.j.2.

b. MCFRS and the LFRDs must apply for training and experience certification for their respective employees and members, and forward the applications to the Fire Chief.

c. Implementation Requirements and Transitional Provisions. All MCFRS personnel must meet the training and experience requirements in this Regulation, subject to the transitional provisions below.

1. All MCFRS personnel who were IECS-certified on or before the effective date* of this Regulation must successfully complete new courses required by this Regulation within two years after the date the Public Safety Training Academy initially offers them.

2. All personnel who were in the Firefighter/Rescuer I category on or before the effective date* of this Regulation must complete the basic core training requirements identified in Appendix A-1 for Firefighter/Rescuer I within two years after the effective date.*

3. All personnel who were in the EMS Provider I category on or before the effective date* of this Regulation must complete the basic core training requirements identified in Appendix A-2 for EMS Provider I within two years after the effective date.*

4. An active Firefigher/Rescuer or EMS Provider who was IECS-certified on or before the effective date* of this Regulation must complete all the basic core training requirements within two years after the effective date.*

The Fire Chief is the implementation and enforcement authority for all policies and regulations of the Montgomery County Fire and Rescue Service.

If a court of final appeal holds that any part of this Regulation is invalid, that ruling does not affect the validity of other parts of the Regulation.

This Regulation is effective on the date the County Council adopts a resolution approving it.

Appendix A-1 MCFRS Certification Standards for Training, Experience, and Credentialing Requirements - Firefighter/Rescuers

Appendix A-2 MCFRS Certification Standards for Training, Experience, and Credentialing Requirements - EMS Provider Personnel

Appendix B Emergency Services Provider Certification Form

Appendix C Non-Jurisdictional Course Equivalency Application

Appendix D Experience and/or Service Time Equivalency Application

CANDIDATE Volunteer Membership | RECRUIT *Station Orientation *Air/Blood-borne Pathogens *CPR - Health Care Provider *AED *Haz Mat Operations *Human Relations & EEO *SCBA/PPE *Voice radio/Mobile data computer/unit-incident reporting system | FF I Essentials of F/F I or * EMT-B, AED, and CPR (must obtain within 2 years of implementation) No experience required | FF II Essentials of FF I and *EMT-B, AED, and CPR Training meets or exceeds NFPA Std. 1001 (2002) or current edition. Once certified, must maintain Maryland EMT certification. FIREFIGHTER/RESCUER III EMT-B and CPR Practical Rescue Essentials II Company Level Operations Experience - 3 years total, at least 2 years at FF/R II. Up to 1 year at FF/R I may count toward total experience requirements. | MFF *EMT-B, CPR, and AED Pumps Aerial Operations Annual Competency Evaluation Experience - 3 years total, at least 2 yrs at FF/R II, 1 year FF III MFF/R is an optional rank | LT *EMT-B, CPR, and AED Pumps Aerial Operations Fire Officer I Instructor I WMD Operations-Level First Responder, subject to availability of federal funds Annual Competency Evaluation and Peer Evaluation Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R | Captain *EMT-B, CPR, and AED WMD Operations-Level First Responder, subject to availability of federal funds Annual Competency Evaluation and Peer Evaluation Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R and 2 yrs at LT *BASIC CORE TRAINING REQUIREMENTS Certified Chief Officer *EMT-B, CPR, and AED Annual Competency Evaluation and Peer Evaluation Must comply with COPDI requirements Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R, and 2 yrs at Lt and 2 yrs at Captain | LFRD Chief/Ass’t Chief *EMT-B, CPR, and AED Annual Competency Evaluation and Peer Evaluation Must comply with COPDI requirements Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R and 2 yrs at Lt. and 2 yrs at Captain and 2 yrs at Certified Chief Officer | Duty Operations Chief *EMT-B, CPR, and AED Successful completion of promotion process and selection by the Fire Chief Annual Competency Evaluation and Peer Evaluation Must comply with COPDI requirements Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R and 2 yrs at Lt and 2 yrs at Captain and 2 yrs at Certified Chief Officer | *BASIC CORE TRAINING REQUIREMENTS

EMS Candidate Volunteer Membership | EMS Recruit *Station Orientation *Air/Blood-borne Pathogens *CPR - Health Care Provider *AED *Haz Mat Operations *Human Relations & EEO *SCBA/PPE *Voice radio/Mobile Data Computer/and unit incident reporting system | EMS PROVIDER I *EMT-B, CPR, and AED No experience required *EMT-B, CPR, and AED certifications must be maintained at all ranks above EMS Provider I | EMS PROVIDER II Basic Trauma Life Support (BTLS) Obtain EMT charge status per LFRD EMS PROVIDER III/ EMS MASTER PROVIDER* EMS Company Operations Course Experience - 3 years total, 2 years at EMS Provider II Annual Competency Evaluation (EMS Master Provider - optional rank) | EMS PROVIDER LIEUTENANT Instructor I Course EMS Officer I Course Annual Competency Evaluation and Peer Evaluation WMD Operations-Level First Responder, subject to availability of federal funds Experience - 2 years at EMS Provider II, and 1 year at EMS Provider III or EMS Master Provider | EMS PROVIDER CAPTAIN EMT-I or Cardiac Rescue Technician (CRT) Annual Competency Evaluation and Peer Evaluation WMD Operations-Level First Responder, subject to availability of federal funds Experience - 2 years at EMS Provider II, and 1 year at EMS Provider III or EMS Master, and 2 years at EMS Provider Lieut. | CERTIFIED EMS PROVIDER CHIEF Pediatric Advanced Life Support (PALS) Must comply with COPDI requirements . Annual Competency Evaluation and Peer Evaluation Experience - 2 years at EMS Provider II, and 1 year at EMS Provider III or EMS Master EMS Provider, and 2 years at EMS Provider Lieut. and 2 years at EMS Provider Captain *BASIC CORE TRAINING REQUIREMENTS

Applicant’s Name _________________________________________ Date ____________________________

Local Fire and Rescue Department ____________________________ Social Security No.__________________

Primary Assigned Station ___________________________________ MCFRS ID# ______________________

Driver License Class __________ Number _________________ Date of Birth_______________________

Membership Date _________________________________________ Rank Requested ____________________

TRAINING LOSAP OR CAREER ACTIVE EXPERIENCE

(Completion or expiration date Category/Rank Time in Rank Year(s) Held

included for all training completed) (F/R or EMS) From To From To

______ Volunteer Physical on file ____ Recruit ______ ______ ______ ______

______ Station Orientation ____ I ______ ______ ______ ______

______ Air/Blood-borne Pathogens ____ II ______ ______ ______ ______

______ AED ____ III ______ ______ ______ ______

______ Haz Mat Operations ____ Master ______ ______ ______ ______

______ Human Rel.-EE0/AA & the law ____ Lieutenant ______ ______ ______ ______

______ Human Rel.-Cultural Diversity ____ Captain ______ ______ ______ ______

______ SCBA/PPE ____ Cert. Chief Officer ______ ______ ______ ______

______ Voice Radio, MDC, Incident ____ LFDR Chief ______ ______ ______ ______

Reporting ____ Division Chief ______ ______ ______ ______

______ Essentials of Firefighting I

______ Emerg. Med. Tech. (expir. date)

______ Basic Tauma Life Support (BTLS)

______ EMT-I, Cardiac Technician, Paramedic

______ CPR Instructor

______ Firefighter I, II, III

______ MFSPQB Certification I hereby certify that the information

______ Emergency Vehicle Operator’s Course provided on this form and

______ Strategies & Tactics Course all attachments are correct.

______ Technical Rescue Course

______ Pump Operations

______ Aerial Operations __________________________________

______ Instructor I, II Signature Date

______ SCBA Fit Test

______ EMS Officer I, II (Must be signed by the LFRD Chief)

______ Fire Officer I, II, III

______ EMS Company Operations

______ EMS Officer I Course

______ Pediatric Advanced Life Support (PALS)

______ Other

______ Incident Command Please attach documentation for actual training or equivalency

______ COPDI (if applicable)

______ WMD

______ NIMS 100

______ NIMS 200

______ NIMS 300

______ NIMS 400

______ NIMS 700

______ NIMS 800

INSTRUCTIONS: Applicant must show that the course completed at other training facilities meets the objectives of the course provided by Montgomery County, Maryland. To request equivalency for training, complete one application for each course for which equivalency, and forward with all required supporting documentation to the MCFRS Training Officer. DO NOT SEND ORIGINALS; application packages will not be returned.

Include:

- Course syllabus

- Course objectives, preferably for each class session or lesson

- Length of course, specifying number of hours per class session or lesson

- Method of evaluation or testing

- Verification of successful course completion

Applicant’s Name ____________________________________ Soc. Sec. No. ___________________

Address ____________________________________________________________________________

City __________________________________ State ____________________ Zip _______________

Montgomery Co. MD F.D./R.S. Affiliation ________________________________________________

I am requesting non-jurisdictional equivalency for training for the following course:

___________________________________________________________________

I hereby certify that the information provided on this form and all attachments are correct

__________________________________________________

Applicant’s Signature Date

__________________________________________________

Fire/Rescue Department Chief Signature Date

INSTRUCTIONS: To request equivalency for experience and/or service time, complete this form and forward it with all required supporting documentation to the MCFRS Training Officer at the Public Safety Training Academy. To ensure proper consideration of this application, provide as much relevant information with documentation as possible. DO NOT SEND ORIGINALS; the application package will not be returned.

For each year of equivalent credited service requested, submit copies of the documentation listed below, using the Montgomery County LOSAP Annual Certification Standards for Eligibility Requirements in Montgomery County Executive Regulation #2-07) as a guide.

Certifiable documentation attesting to your active fire and/or rescue service could include, for example, a signed letter from the Chief of your previous Fire Department/Rescue Squad. Documentation must include the specific dates of service in each position/rank held, and the responsibilities for that position/rank.

Applicant’s Name ___________________________________ Soc. Sec. No. ____________________

Address ____________________________________________________________________________

City _________________________________ State ____________________ Zip _______________

Montgomery Co. MD F.D./R.S. Affiliation ________________________________________________

I am requesting non-jurisdictional experience and/or service time equivalency in the following position/rank, for the listed months and years of service in each position/rank.

Category/Rank Time in Rank Year(s) Held

(F/R or EMS) Years Months From To

____ Candidate ______ ______ ______ ______

____ I ______ ______ ______ ______

____ II ______ ______ ______ ______

____ III ______ ______ ______ ______

____ Master ______ ______ ______ ______

____ Lieutenant ______ ______ ______ ______

____ Captain ______ ______ ______ ______

____ Certified Chief Officer ______ ______ ______ ______

____ Assistant Chief ______ ______ ______ ______

____ LFRD Chief ______ ______ ______ ______

The purpose of this regulation is to establish uniform procedures to administer the Length of Service Awards Program for volunteers of the Local Fire and Rescue Departments in Montgomery County.

This regulation applies to all current and former Montgomery County local fire and rescue department volunteers, Local Fire and Rescue Departments, and appropriate Montgomery County Government agencies.

a. Active Volunteer. A volunteer who has accumulated a minimum of 50 points in a calendar year, under the point system outlined in Sec. 4. d. of this regulation.

b. Appeal. A written statement documenting the reason(s) a volunteer believes he/she is eligible for LOSAP credit.

c. Collateral Duties. Volunteer service duties listed by the Division of Volunteer and Community Services as eligible for LOSAP point accumulation, including apparatus and building maintenance; fire prevention and education activities; fund raising activities; and administrative or auxiliary duties.

d. Designated Beneficiary. A beneficiary named by a volunteer on a form filed with the Division of Volunteer and Community Services. A volunteer may change any beneficiary by completing a new designation of beneficiary form. The consent of the beneficiary is not required to name or change a beneficiary. The designation is effective when the volunteer signs the form even if the volunteer is not living when the Division of Volunteer and Community Services, receives the request, but without prejudice for any payments made the request is received. If a volunteer dies without designating a surviving beneficiary or the designation is not enforceable, the surviving spouse or domestic partner is the designated beneficiary. If no spouse or domestic partner, the volunteer’s estate is the designated beneficiary.

e. Domestic Partner (“Partner”). A person who was registered as a domestic partner of an active volunteer with the Fire Chief on or before June 27, 2016 in a domestic partnership that did not end before the active volunteer’s death.

f. Drill. A minimum two-hour training session not listed in the approved training course list.

g. Emergency Service Provider. An individual who is trained and certified under the Montgomery County Executive Regulation 36-08AM Certification Standards for Training and Experience Requirements, and is physically capable of providing firefighter, rescuer, or emergency medical service.

h. Fire Chief. The uniformed department head of the Montgomery County Fire and Rescue Service appointed by the County Executive, who serves as the Director of the Montgomery County Fire and Rescue Service.

i. Local Fire and Rescue Department (LFRD). An individual fire or rescue squad corporation authorized under Section 21-5 of the County Code to provide fire and rescue services.

j. LOSAP. Acronym for the Length of Service Awards Program.

k. LOSAP Administrator. An individual designated by the Fire Chief to receive and verify point totals, maintain individual and LFRD files of LOSAP participants, and notify the Montgomery County Finance Department to begin sending payments to eligible volunteers.

l. LOSAP Coordinator. An individual designated by a Local Fire and Rescue Department who is responsible for registering, preparing, maintaining, and submitting to the LOSAP Administrator an accurate LOSAP report for each person who has provided service as a volunteer to that LFRD for any portion of the calendar year.

m. Standby. Effective January 1, 2018, on-duty activity performed by Integrated Emergency Command Structure (IECS) certified personnel, not in any other category of active service under Section 4.d. and who are, 1) assigned to a unit available for response, or 2) available for response in the station, but not assigned to a specific unit. Standby must be directly recorded in the data system provided by the County. No more than 3 standby periods may be credited for any 24-hour period.

n. Training Course. Classes including: one-day courses, seminars, and short courses; fire protection courses given by Montgomery College, the University of Maryland, the National Fire Academy, and the Maryland Fire and Rescue Institute; and regional emergency service training, etc., that may be eligible for LOSAP credit if approved by the Division of Volunteer and Community Services.

o. Volunteer. A person. who is at least 16 years of age, and who, without salary, performs administrative, firefighting, rescue, and/or emergency medical services for a LFRD. This includes former volunteers who have received appropriate certification for service under this regulation.

a. Eligibility to Participate. A volunteer is eligible for the LOSAP program if he/she is an active volunteer on or after August 15, 1965, or if on August 15, 1965, he/she had completed 25 years of service as an active volunteer. A volunteer may participate in the Length of Service Award Program by meeting the registration and service requirements below. A volunteer who was not an active volunteer on August 15, 1965 must receive credit for service performed before August 15, 1965, if the volunteer completes 5 years as an active volunteer after August 15, 1965.

A volunteer is eligible to participate in the LOSAP program if he/she is at least 16 years old. A volunteer who is less than 18 years old must be enrolled in high school, obtain parental consent to join an LFRD, and maintain a 2.0 grade point average or equivalent during each grading period in the calendar year.

b. Registration. Volunteers must register with the LFRD LOSAP Coordinator in order to participate in the LOSAP program, receive annual certification of service, and receive any benefits. The LFRD LOSAP Coordinator will update required information on an annual basis.

c. Accrual of Credit. Approval by the Division of Volunteer and Community Services is required for the award of service credit. A volunteer must accumulate at least 50 points each year to receive credit for one year of active service.

1. Credit is awarded on an annual basis for service provided between January 1st and December 31st of each calendar year. Points may not be transferred from one year to the next.

2. An employee of the Montgomery County Fire and Rescue Service or of an LFRD must not receive points for activities performed as an employee.

3. Volunteers who have accrued no service points for two consecutive years are considered inactive for the purpose of this program. A volunteer’s LOSAP status will be re-activated automatically when the LFRD submits the next LOSAP form on his/her behalf.

d. Active Service Standards - Point System. Volunteers earn and accumulate points toward credited active service based upon the standards below.

1. Training Courses. The Division of Volunteer and Community Services will maintain a standing list of approved training courses that will be reviewed and modified as needed. If a volunteer claims training certification for a course that was not on the list approved by the Division of Volunteer and Community Services, he/she may request the LFRD’s LOSAP Coordinator to seek the Division of Volunteer and Community Services’ approval for the specific training course. The LOSAP Coordinator must submit the course title, number of hours, location, and a copy of the course outline or syllabus to the Public Safety Training Academy (PSTA), which will determine whether credit may be given for the training course. A maximum of 25 points per year may be earned through training courses.

A. Courses lasting less than 20 hours, such as a one-day course, seminar, or basic first-aid class, earn 5 points per course.

B. Courses lasting 20 to 45 hours, such as a short course or regional fire school, earn 10 points per course.

C. Courses lasting more than 45 hours, such as the basic, advanced, and emergency care courses offered by the University of Maryland, or a fire science course offered by Montgomery College or Prince George’s Community College, earn 15 points per course.

2. Drills. Twenty points maximum per year may be accumulated through drills. Each drill lasting at least 2 hours earns one point. Training courses and Continuing Education courses lasting less than 8 hours may be counted as a drill.

3. Standbys. Effective January 1, 2018, LOSAP activity must be entered directly in the data system provided by the County for each standby activity to be credited. A volunteer may accumulate up to 20 points per year.

A. Standby On duty Integrated Emergency Command Structure (IECS) certified personnel may earn stand-by LOSAP points for performing on-duty activity at the rate of:

i. One quarter point for every hour of stand-by service a volunteer is assigned to a unit available for response; or

ii. One point for every 4 hours of stand-by service the volunteer is available for response in the station, but not assigned to a specific unit.

Standby-service must be recorded directly in the data system provided by the County. A volunteer must not earn more than 3 points for stand-by service during any 24 hour period.

4. Elected and Appointed Positions. A volunteer may earn a maximum of 25 points per calendar year for completing a one-year term in an eligible elected or appointed position. A maximum of 25 points per calendar year may be certified for any combination of service in elected and appointed positions.

A. A volunteer who serves in an elected or appointed position for less than a one-year term may earn two points for each complete month of service.

B. The Division of Volunteer and Community Services annually must approve a list of the elected and appointed positions for which a volunteer may earn points. The list must include:

i. LFRD officer at the rank of Lieutenant or higher;

ii. director, trustee, trial board member, or auxiliary member or officer of an LFRD’s auxiliary;

iii. chair of fund raising or membership for an LFRD;

iv. chaplain of an LFRD;

v. delegate, alternate, or officer for the Montgomery County Volunteer Fire Rescue Association;

vi. member of a committee of the Montgomery County Fire Emergency Services Commission, or the Maryland State Firemen’s Association (MSFA), or officer of an MSFA auxiliary.

5. Meeting Attendance. A maximum of 20 points total per year may be accumulated for approved meeting attendance. A volunteer may earn one point credit for attending any official meeting of an organization below:

A. the LFRD or its auxiliary;

B. the Fire Emergency Services Commission;

C. the Montgomery County Volunteer Fire/Rescue Association;

D. the LFRD’s Board of Directors/Trustees; and

E. the Maryland State Firemen’s Association or its auxiliary.

6. Participation in LFRD or Station Responses. To receive credit for responses, the volunteer must meet the criteria for emergency service provider. The Division of Volunteer Fire and Community Services annually must determine for each LFRD whether the total annual calls will be computed by department or by station. The total points may be credited per year for responding on the minimum number of calls, or credited to an individual based upon the calls-to-points ratio indicated in the Point Awards Schedule below. An emergency service provider will be credited for a response when he/she:

A. is in the station when the call is dispatched and rides as an emergency service provider on the dispatched apparatus;

B. is in the station when the call is dispatched and remains there for the duration of the call on a reserve basis as an emergency service provider;

C. responds to the station after the call is dispatched, and remains in the station as an emergency service provider on a reserve basis for the duration of the call; or

D. reports to the Incident Commander when responding directly to the incident scene without having ridden on the apparatus.

POINT AWARDS SCHEDULE

Total LFRD/station call responses per year | 000 to 999 | 1000 to 7499 | 7500 or more Responses required to earn 1 point, if not qualified for maximum 30 points | 2 | 4 | 5 Responses per year required to receive maximum 30 points | 50 | 100 | 120

7. Military Service. A volunteer whose voluntary fire service is interrupted by full- time extended obligatory military service, or by a single voluntary enlistment in the armed forces of the United States not to exceed 4 years, is considered to be on military leave. During this period of military service, the volunteer will receive 50 points of LOSAP service credit for each full year, prorated for military service of less than a full year.

8. Collateral Duties - Twenty-five Points Maximum. One point will be awarded for each qualified activity benefitting the volunteer’s LFRD that lasts at least 4 hours, up to a maximum of twenty-five points. The Division of Volunteer and Community Services annually must approve a list of the collateral duties under which a volunteer may perform qualified activities. These activities include apparatus and building maintenance; fire prevention and education activities; fund raising activities; and administrative or auxiliary duties. Points will be credited for volunteer service for acceptable collateral duties performed per year.

a. Length of Service Benefits. A volunteer is not required to have received 50 points in the year in which he/she applies for LOSAP benefits. All LOSAP payments will be made by direct deposit.

1. A Volunteer Who Qualified before 1985. Effective January 1, 1985, a volunteer who qualified for a monthly award payment before January 1, 1985, must receive monthly award payments equal to 150 percent of the pre-1985 monthly award payment.

2. A Volunteer Who Qualifies in 1985 or Later with 25 Years of Service. Effective January 1, 1985, a volunteer qualifies for a 25-year award payment when he/she has completed 25 years of service as an active volunteer.

Amount Awarded. A volunteer who satisfies these requirements must receive an award payment of $$233 per month for life, and $11.70 per month for life for each year of service as an active volunteer over 25 years. The maximum total benefit is $350 per month.

3. A Volunteer Who Qualifies in 1985 or Later with 15 Years of Service. Effective January 1, 1985, a volunteer qualifies for a 15-year award payment when he/she has completed 15 years of service as an active volunteer after January 1, 1955, and is at least age 60.

Amount Awarded. An active volunteer who satisfies these requirements must receive an award payment of $9.32 per month for life for each year of service as an active volunteer.

4. A Volunteer Who Qualifies in 1985 or Later with 10 Years of Service. Effective January 1, 1985, a volunteer qualifies for a 10-year award payment when he/she has completed 10 years of service as an active volunteer and is at least age 65.

Amount Awarded. An active volunteer who satisfies these requirements must receive an award payment of $9.32 per month for life for each year of service as an active volunteer.

5. Effective July 1, 2017, increase for certain individuals currently receiving LOSAP benefit payments as follows:

The agreed upon eligible individuals will receive a 3.5% increase, for a maximum total benefit of no more than $362.00 per month, to his/her LOSAP benefit payment if he/she is:

A. Received LOSAP benefit payments as of December 31, 2015; and

B. Qualified for the higher nominal fee, as described in Article 12 of the Collective Bargaining Agreement, for calendar year 2015 by:

i. Being on the Integrated Emergency Command Structure (IECS) certified list;

ii. Receiving 30 LOSAP points for department or station responses; and,

iii. Receiving 20 LOSAP points for standby.

b. Disability Benefit. A volunteer qualifies for a disability benefit of $345 per month for life if:

1. he/she becomes disabled as the direct result of active participation as a LFRD volunteer;

2. the disability prevents him/her from pursuing his/her normal occupation; and

3. a State Workers’ Compensation Commission finds that the disability is total and permanent, and is a direct result of active participation as a LFRD volunteer.

Length of Service benefits under 21.02.16.05.a. must not be paid to volunteers who are receiving award payments under this subsection.

c. Death Benefit. On a volunteer’s death, his/her surviving spouse or domestic partner, or estate if no spouse or partner survives, qualifies for a $5000 death benefit if the volunteer has met either the years of service requirement for a length of service benefit, or the requirements for a disability benefit.

d. Survivor’s Benefit. A volunteer’s surviving spouse or domestic partner qualifies for a monthly award payment equal to 50 percent of the length of service benefit for which the volunteer met the minimum years of active service requirement, or 50 percent of the volunteer’s disability benefit, until the spouse’s death or remarriage, or the partner’s death or establishment of another domestic partnership.

To participate in LOSAP, a volunteer must register with the LFRD LOSAP Coordinator before the annual certification period. On January 1st of each calendar year, a process will be initiated to officially credit service points that each volunteer has accumulated in all service categories between January 1st and December 31st of the prior calendar year. Reports that the LFRD will use to prepare the Annual Certification for the Length of Service Award Program must be maintained in a format approved by the Division of Volunteer and Community Services.

a. LFRD Administration Process. Each LFRD must appoint a LOSAP Coordinator to register all volunteer members, administer its LOSAP program, and maintain its LOSAP records.

1. Volunteer Registration. The LOSAP Coordinator will verify volunteer member registration information and report any changes on the record form to the LOSAP Administrator with the annual certification.

2. Record Maintenance. LOSAP Coordinators must maintain documentation in a format approved for LOSAP credit. This format requires that records be kept by the year for credit, volunteer's name (last name, first name, middle name, Jr./Sr.), Social Security Number/taxpayer identification number, date of birth, and current home address.

3. Record Verification and Resolution of Discrepancies. The LFRD's LOSAP Coordinator will transfer all required data to the LOSAP annual certification form. The LFRD Member Activity Summary for all volunteer members must be posted in a prominent place in each of the LFRD stations for at least 30 days. Each volunteer must review his/her LOSAP annual certification form and initial the point totals to verify its accuracy. If a volunteer notes that a discrepancy exists on a LOSAP annual certification form, the LOSAP Coordinator and the volunteer must attempt to resolve the discrepancy before the LOSAP Coordinator submits the annual certification form to the LOSAP Administrator. If the discrepancy remains unresolved by the deadline for the LFRD's submission of the annual certification form to the LOSAP Administrator, the LOSAP Coordinator must submit a request for an appeal to the LOSAP Administrator on behalf of the volunteer. The LOSAP appeal must be submitted within the 30-day appeal window noted in subsection c. below, and must include all supporting documentation.

b. Division of Volunteer and Community Services Administration Process.

1. The LOSAP Administrator:

A. calculates the points awarded by category to determine the total point award;

B. returns the approved list of certified volunteers to each LFRD, which must post the list for at least thirty days for review and verification by volunteers; and

C. distributes copies of the volunteer’s service LOSAP form as follows:

i. one copy of the verified LOSAP form must be inserted in the County’s LOSAP files.

c. Volunteer Annual Certification Appeals Process. A volunteer who has not received proper point credit, or otherwise has an unresolved discrepancy, has the right to file a LOSAP appeal to the Division of Volunteer and Community Services within 30 days after a written notice of the finding is mailed to the volunteer. The volunteer’s appeal of the LOSAP Coordinator’s decision must be in writing and must be forwarded to the LOSAP Administrator by the LFRD Coordinator. The appeal must include a cover memo explaining the issue appealed and must provide all relevant documentation to support the appeal. The LOSAP Administrator must then investigate the appeal and make a recommendation to the Division Chief of the Division of Volunteer and Community Services. The Division Chief’s decision on the LOSAP appeal is final.

A volunteer must complete the Application for Payment form (Appendix A) and submit it to the LOSAP Administrator.

a. Application for Length of Service Benefits.

1. The volunteer must complete the Application for Payment form (Appendix A) to request LOSAP payments and submit it to the LOSAP Administrator.

b. Application for Disability Benefits. A volunteer who becomes disabled as the direct result of active participation as a LFRD volunteer and is prevented from pursuing his or her normal occupation because of a disability incurred while serving as a volunteer may receive a disability benefit. The volunteer must complete the application procedure for the disability benefit, as described in the Fire and Rescue Commission’s regulation on Workers’ Compensation Claims. The volunteer must provide proof that the Maryland Workers’ Compensation Commission has found that the disability is total and permanent, and is a direct result of active participation as a LFRD volunteer. The volunteer must complete and submit the Application for Payment form (Appendix A) to request disability pay.

c. Application for Death Benefits. The volunteer must have met either the years of service eligibility requirement for a length of service benefit, or the requirements for a disability benefit. Within one year of the volunteer’s death, his/her surviving spouse or domestic partner (or estate if no spouse or partner survives) must submit an application using the Application for Payment form (Appendix A), with a certified copy of the death certificate, before the benefit can be paid.

d. Application for Survivor’s Benefits. The volunteer’s spouse or domestic partner may receive a survivor’s benefit on the volunteer’s death if the volunteer met the years of service requirements for a length of service benefit, or the requirements for a disability benefit. The spouse or domestic partner must submit an application using the Application for Payment form (Appendix A), along with a certified copy of the death certificate, before the benefit can be paid.

a. Division of Volunteer and Community Services:

1. approves certification of annual service;

2. annually approves and distributes a standing list of elected and appointed positions that are eligible for LOSAP credit;

3. annually approves and distributes a standing list of training courses that are eligible for LOSAP credit;

4. annually approves and distributes a standing list of collateral duties that are eligible for LOSAP credit; and

5. hears appeals brought by LFRD volunteers who believe that they are eligible to receive LOSAP benefits and/or annual certification.

b. Fire Chief:

1. administers the LOSAP program, in coordination with the Division of Volunteer and Community Services and other appropriate Montgomery County Government agencies; and

2. with the recommendation(s) of the Division of Volunteer and Community Services, annually submits with the fire and rescue service budget a request for funds to pay administrative costs and benefits for all eligible LOSAP recipients for the next fiscal year.

c. Local Fire and Rescue Department:

1. must directly utilize the data system provided by the County for all LOSAP activities, standby, collateral duties, meetings, drills.

2. maintains detailed and accurate records of participation in any activity that qualifies for credit toward active volunteer status for each volunteer;

3. ensures that its LOSAP Coordinator adheres to the procedures established in this regulation; and

4. when requested by the County Executive, provides the Executive with all available records regarding LFRD volunteers’ claims for retroactive benefit payments.

d. Volunteer:

1. must directly utilize the data system provided by the County for all LOSAP activities, standby, collateral duties, meetings, drills.

2. provides the LOSAP Coordinator with accurate and timely information to maintain his/her records;

3. reviews his/her annual certification of service summary to verify the accuracy of the information before its submission to the Division of Volunteer and Community Services LOSAP Administrator;

4. resolves any inaccurate information with the LOSAP Coordinator,

5. appeals to the Division of Volunteer and Community Services any discrepancy not resolved with the LOSAP Coordinator, or any disputed finding by the LOSAP Administrator regarding the number of points he/she received under Sec. 4.d. above;

6. initiates application for payment of appropriate benefits; and

7. if applicable, coordinates the accreditation of points awarded for his or her volunteer service with multiple LFRDs.

e. LOSAP Coordinator:

1. maintains accurate volunteer registration and certification information and files;

2. reviews any discrepancies noted by volunteers in the annual reports,

3. assists volunteers as necessary during the appeals process;

4. submits annual certification information to the LOSAP Administrator by March 31st of each year;

5. mails or hand delivers to each registered volunteer, his/her annual certification within 20 days of its receipt; and

6. must directly utilize the data system provided by the County for all LOSAP activities, standby, collateral duties, meetings, drills.

f. LOSAP Administrator:

1. verifies service data award points based on the volunteer’s activity,

2. prepares the “credit/no credit” list;

3. files annual certification copies as appropriate;

4. prepares, approves, and submits LOSAP payment authorizations to the Montgomery County Finance Department;

5. prepares documentation of appeals for the Division of Volunteer and Community Services review;

6. notifies the LOSAP Coordinator and the affected volunteer of the Division of Volunteer and Community Services decision on the appeal; and

7. conducts periodic LOSAP administration training classes for all LOSAP Coordinators.

g. Montgomery County Government Finance Department: maintains the LOSAP payment schedule, in coordination with the Division of Volunteer and Community Service, and makes timely payment of LOSAP benefits to volunteers, the surviving spouse or domestic partner, or the volunteer’s estate, as appropriate.

This regulation is effective when the Council receives a copy of the regulation adopted by the County Executive.

Appendix A - Application for Payment

[Click here to view Appendix A.]

The County Executive assigns the responsibility for the administration of the Length of Service Awards Program to the Fire Administrator, in coordination with the Fire and Rescue Commission and other appropriate Montgomery County agencies. The regulation must be administered in accordance with the requirements of Executive Regulation 17-00 and the County Code.

This regulation is effective when the Council receives a copy of the regulation adopted by the County Executive.

To adopt a code of ethics and on-duty personal conduct governing the on-duty activities and behavior of all Montgomery County Fire and Rescue Service operational and administrative personnel. This regulation is not intended to invalidate, replace, or supersede other applicable federal, State, or County laws, regulations, procedures and policies. To the extent permitted by federal, State, and County laws, regulations, procedures and policies, an LFRD or DFRS may adopt policies that may be applied to its own organization that are more stringent than this regulation.

This regulation applies to the on-duty conduct of all fire, rescue, emergency medical services, and administrative personnel of the Montgomery County Fire and Rescue Service. All other conduct not expressly covered by this policy is subject to applicable federal, State, and County laws, regulations, policies and procedures.

a. County Personnel. This regulation applies to all Montgomery County Fire and Rescue Service personnel, in addition to all other applicable federal, State and County laws, regulations, policies, procedures, and applicable collective bargaining agreements.

b. LFRD Personnel. This regulation applies to all LFRD personnel, in addition to all other applicable federal, State, County, and Local Fire and Rescue Department laws, regulations, policies, and procedures.

a. Discrimination. Prejudicial action, treatment, or disparagement based on an individual's race, color, religion, creed, ancestry, national origin, age, sex, marital status, sexual orientation, disability, or protected genetic information.

b. Division of Fire and Rescue Services (DFRS). The Division of the Montgomery County Fire and Rescue Service comprising career employees and DFRS volunteers, that shares with the Local Fire and Rescue Departments the responsibility for providing direct fire suppression, rescue, and emergency medical services.

c. Division of Volunteer Fire and Rescue Services (DVFRS). The Division of the Montgomery County Fire and Rescue Service that, along with the Local Fire and Rescue Departments, shares with DFRS the responsibility for providing direct fire suppression, rescue, and emergency medical services.

d. Fire Administrator. The non-uniformed department head of the Montgomery County Fire and Rescue Service who is appointed by the County Executive. The Fire Administrator serves as ex officio chair of Fire and Rescue Commission, and is responsible for implementing and enforcing Commission policies, administering all fire and rescue services provided in the County, and supervising the Chiefs of both the Division of Fire and Rescue Services and the Division of Volunteer Fire and Rescue Services. For the purposes of this regulation, the term “Fire Administrator” includes his or her designee.

e. Harassment. Written, verbal, or physical conduct that has the purpose or effect of unreasonably interfering with any individual's work performance, or creating an intimidating, hostile, or offensive working environment.

f. Internal Affairs Officer. The individual appointed by the Fire Administrator, on the recommendation of the Commission, to assist the Commission and the Administrator in monitoring compliance with law and County and Commission policies, regulations, and procedures. The Internal Affairs Officer also investigates matters assigned by the Fire Administrator or the Fire and Rescue Commission.

g. Local Fire and Rescue Department (LFRD). A component of the Montgomery County Fire and Rescue Service that provides direct fire suppression, rescue, and emergency medical services, in conjunction with DFRS.

h. Montgomery County Fire and Rescue Service (MCFRS). The combined service comprising the Division of Fire and Rescue Services and the Division of Volunteer Fire and Rescue Services that includes the Local Fire and Rescue Departments.

i. MCFRS Premises. This term includes, but is not limited to: MCFRS fire and rescue stations and their operational areas; watch offices; day rooms; apparatus bays; bunkrooms; exercise areas; offices; and satellite locations.

j. MCFRS Private Banquet Facility. A limited area within LFRD premises that may be designated as a private banquet facility on a temporary basis, to conduct functions officially authorized by the LFRD. The LFRD president or department head must make a written designation in the permanent official LFRD records before the function, and provide a contemporaneous notice to the Fire Administrator.

The designated area must not be used as an operational area at the same time as the function. It may be used for the consumption of food and beverages, including alcoholic beverages, during officially authorized receptions. Alcoholic beverages must not be removed from this designated area, and must not be consumed anywhere else on LFRD premises.

k. On-Duty Personnel.

1. For purposes of this regulation, MCFRS personnel are “on-duty” when they:

A. are involved with the assigned service, business, activity, or work of MCFRS;

B. work during scheduled hours;

C. act or represent MCFRS in an official capacity; or

D. provide direct emergency care or services to the public.

2. In addition, consistent with the Fire and Rescue Commission's authority under County Code Sections 21-2(d)(3) and 21-19, the standards of conduct in this regulation apply to any MCFRS personnel who:

A. are present at, on, or in any MCFRS premises, apparatus, or vehicle; or

B. actively participate at a fire, rescue, or emergency medical incident.

3. Personnel may not be subject to the standards of conduct in this regulation simply because they are in a MCFRS private banquet facility.

l. Personnel. All fire, rescue, and emergency medical service personnel, including all employees and all volunteers. This includes administrative staff as well as operational personnel.

m. Serious violation. An alleged incident by MCFRS personnel involving a threat to the public or personnel safety, or related to a violation that undermines the public trust and confidence in the fire and rescue service. A serious violation includes an egregious: negligent act or omission; theft of property; criminal felony; assault; battery; or other violation of law, County policy, Commission policy, or any order of the Administrator.

n. Sexual Harassment. Verbal or physical conduct that may include:

1. making unwelcome sexual advances;

2. requests for physical conduct of a sexual nature; and

3. any written, verbal, or physical conduct (including contact) of a sexual nature or conduct based on one's gender, including gender stereotyping or animus, if

A. an individual's submission to that conduct is made either explicitly or implicitly a term or condition of the individual's employment or membership;

B. an individual's submission to or rejection of that conduct is used as a basis for employment or membership decisions affecting that individual; or

C. that conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive environment.

In the context of Sec. 3.n.3.A.-C., sexual harassment includes, but is not limited to: requests for sexual favors; using threats or force to obtain sexual favors; sexual propositions or innuendo; suggestive comments; sexually oriented teasing or joking; jokes about gender-specific traits; unwelcome or uninvited touching, patting, pinching, or brushing against another's body; obscene spoken or written language; obscene gestures; and displaying offensive or obscene printed, audio, visual, or Internet material.

o. Unbecoming Conduct. Improper behavior, including any: criminal conduct; violence in the workplace as defined in this Regulation; material misrepresentation; misappropriation of funds or property; possession of illegal weapons; failure to obey safety practices; false allegation or misleading statement; dishonest, discriminatory, harassing (sexual or otherwise), or lewd act; or retaliation for a real or perceived injury.

p. Violence in the Workplace. The exertion or threat of physical force by on-duty personnel that is likely to injure or abuse other MCFRS personnel or the public.

It is the policy of the Fire and Rescue Commission to ensure that all on-duty personnel maintain an exemplary standard of personal integrity and ethical conduct in their relationships with each other and with the public at all times. On-duty personnel must conduct themselves in a professional manner that is beyond reproach.

a. Compliance with Other Applicable Standards. All on-duty personnel must comply with all applicable federal, State, and local laws and regulations, including Fire and Rescue Commission or County policies and procedures, laws, Executive Orders, Personnel Regulations, and the County Charter. They must also conform to all laws applicable to fire, rescue, and emergency medical services, and the general public. These laws include Chapters 11B (Procurement), 19A (Ethics), and 27 (Human Rights and Civil Liberties) of the Montgomery County Code.

The LFRDs and DFRS are responsible for taking appropriate disciplinary action(s) for any violation of this Code of Ethics and On-Duty Personal Conduct by their respective on-duty personnel, and for immediately reporting any serious violation to the Fire Administrator.

b. Orders and Directives. All on-duty personnel must obey a supervisor's order or directive, unless it would require the on-duty personnel to commit an illegal, reckless, or unethical act. A supervisor or higher ranking officer, as designated in the Integrated Emergency Command Structure (IECS), must not issue any order that he or she knows, or reasonably should know, would require a subordinate to commit an illegal, reckless, or unethical act, or that would violate these or other established policies.

1. If a supervisor or higher ranking officer issues an order to an individual that conflicts with another previously issued order, policy, or procedure, the individual must immediately call attention to the conflicting order. If the conflicting order is not rescinded by the supervisor or higher ranking officer, that order will stand.

2. The responsibility for an order rests with the individual issuing it.

c. Personal Conduct. On-duty personnel must behave in a professional manner that reflects favorably on the Montgomery County Fire and Rescue Service at all times. They must not commit any act that constitutes conduct unbecoming a member of the fire and rescue service.

1. On-duty personnel must be courteous and respectful toward the public, each other, and one another's MCFRS affiliation, and maintain proper decorum and behavior. On-duty personnel must not use violent, insolent, or obscene language or behavior at any time.

2. On-duty personnel must not refer to or speak to any other person or group in a way that may reasonably be construed as demeaning or constituting discrimination.

3. All on-duty personnel must assure an environment free of discrimination, harassment, or sexual harassment. Individuals should notify another person when that person's act or behavior is offensive, or report the matter to a supervisor. Personnel must report acts or statements of discrimination, harassment, or sexual harassment to their supervisors, in accordance with federal, State, or County laws, regulations, policies, and procedures. All supervisors, through their appropriate chain-of-command, must investigate these allegations, and when appropriate, implement corrective actions.

4. On-duty personnel must always behave with professionalism regarding any physical contact. Unwelcome or offensive touching is prohibited.

5. On-duty personnel must not possess, be under the influence of, or consume an alcoholic beverage while on duty. In addition, personnel must not consume an alcoholic beverage within four hours before going on duty.

A. All on-duty personnel must not operate a LFRD or County vehicle while under the influence of, or within four hours after consuming any alcoholic beverage.

B. For formal events or official social functions to which representatives from MCFRS are invited because of their public service roles, capacities, responsibilities, or titles, it is recognized that serving, openly displaying, possessing, or consuming alcoholic beverages is legal. MCFRS personnel who attend these events may possess, consume, and openly display alcoholic beverages, as long as they do not violate other provisions of this regulation or any other law or policy.

6. On-duty personnel must not use, possess, or be under the influence of any narcotic or controlled dangerous substance at any time, unless prescribed for that person by a licensed health care practitioner.

A. On-duty personnel must not unreasonably, improperly, or immoderately use prescription or non-prescription drugs.

B. Personnel who are taking any prescription or non-prescription medication that may at any time affect their job performance must inform their supervisor of this fact. The supervisor must facilitate a telephone or personal consultation for the individual with Montgomery County's Occupational Medical Section, a physician at a local hospital, or a physician at a County-designated health care provider, who must then inform the supervisor regarding the individual's fitness for duty. The individual must participate in, and be honest, during the consultation. The condition for which the prescription or non-prescription medication is prescribed or used must remain confidential between the individual and the health care provider.

7. On-duty personnel must not take, tamper with, maliciously damage, or borrow without permission any County or LFRD equipment or property, or the personal property of another. Personnel must obtain permission from the Fire Administrator before putting DFRS property to personal use. Personnel must obtain permission from the highest ranking LFRD official or designee before putting LFRD property to personal use.

8. On-duty personnel must refrain from any horseplay that a reasonable person should know may injure someone, or damage DFRS or LFRD equipment or property, or the personal property of another.

9. On-duty personnel are responsible for the conduct of their guests at all times while on County or LFRD property. The behavior of guests of MCFRS personnel must not impair, disrupt, damage, delay, or otherwise negatively affect MCFRS operations, or violate any provision of this regulation. If a guest fails to comply with any request to cease offensive behavior, on-duty personnel must notify the on-duty command officer, LFRD Chief, or LFRD President, who must take appropriate action.

10. On-duty personnel must treat County or LFRD property appropriately, and maintain the property in good, clean, and operating condition.

11. On-duty personnel must not engage in any unbecoming conduct.

12. On-duty personnel must not alter, materially misrepresent, or otherwise misuse any MCFRS document, rule or regulation, policy, or financial report.

13. MCFRS personnel must not make any false or misleading statements during the course of an investigation, or in order to initiate an investigation.

d. Confidentiality. All MCFRS personnel have the same rights of confidentiality under Sec. 10-616(i) of the State Government Article, Maryland Public Information Act. Under this Act, a custodian of records must deny inspection of an individual's personnel record, regardless of whether he/she is a career or volunteer MCFRS member. These records include an application, performance rating, or scholastic achievement information. However, a custodian must permit inspection by the person in interest, or an elected or appointed official who supervises the work of that individual.

e. Reports. On-duty personnel must submit all required reports in accordance with established policy and procedures. The reports must be accurate, truthful, complete, and timely.

The Fire Administrator is the enforcement authority for all policies and regulations of the Montgomery County Fire and Rescue Service.

a. Applicable Provisions. If any applicable County law, regulation, policy, or other standard that has a specific enforcement provision is violated, the specific enforcement provision applies.

b. Reporting Alleged Violations. If this policy is violated, or if a policy is violated for which an enforcement provision is not otherwise described, the procedure below must be followed.

1. For an alleged violation by on-duty LFRD personnel, the LFRD's highest ranking official or designee must promptly begin an investigation.

A. On-duty LFRD personnel who witness a violation, or to whom a third party documents a violation in writing, must promptly verbally notify the highest ranking LFRD official when it is learned that LFRD personnel were involved. The initiating on-duty LFRD personnel must also promptly provide the highest ranking LFRD official with a complete written report describing the alleged violation.

B. On-duty DFRS personnel who witness a violation, or to whom a third party documents a violation in writing, must promptly verbally notify the on-duty DFRS District Chief. The DFRS District Chief must then verbally notify the highest ranking LFRD official. The initiating on-duty DFRS personnel must also promptly provide the District Chief with a complete written report describing the alleged violation. The District Chief must then provide the highest ranking LFRD official with a written report describing the alleged violation.

2. For an alleged violation by on-duty DFRS personnel, the DFRS Division Chief must promptly begin an investigation.

A. On-duty LFRD personnel who witness a violation, or to whom a third party documents a violation in writing, must promptly verbally notify the highest ranking LFRD official when it is learned that DFRS personnel were involved. The highest ranking LFRD official must then verbally notify his/her on-duty DFRS District Chief. The initiating on-duty LFRD personnel must also promptly provide the highest ranking LFRD official with a complete written report describing the alleged violation. The highest ranking LFRD official must then provide the designated DFRS District Chief with a written report describing the alleged violation.

B. On-duty DFRS personnel who witness a violation, or to whom a third party documents a violation in writing, must promptly verbally notify their on-duty DFRS District Chief when it is learned that DFRS personnel were involved. The initiating on-duty DFRS personnel must also promptly provide the on-duty DFRS District Chief with a complete written report describing the alleged violation.

3. After completing an investigation, the highest ranking LFRD official, DFRS Division Chief, DVFRS Division Chief, or the Fire Administrator must promptly take appropriate action.

c. Documentation. When MCFRS personnel witness a violation, or a third party documents a violation in writing, the LFRD department head or designee, or the assigned DFRS District Chief, as appropriate, must prepare and provide a written report of each alleged violation and its disposition to their respective authorities in a timely manner.

d. Serious Violation. In addition to the requirements of Secs. 5.b. and 5.c., the LFRD or DFRS official who is responsible for initiating an investigation of a violation must promptly report an allegation of a serious violation to the Fire Administrator. The Fire Administrator must acknowledge receiving that report, and must begin investigating an allegation of a serious violation within 24 hours of receiving written notification, to determine whether public safety or MCFRS personnel safety is threatened. If the Fire Administrator determines that the allegation indicates that a serious violation has occurred, the Fire Administrator may immediately remove an individual from the Integrated Emergency Command Structure, or take other action permitted by law, pending the completion of the investigation.

1. Disposition of a Serious Violation.

A. If the Fire Administrator is not satisfied with an LFRD or DFRS official's disposition of a serious violation, the Fire Administrator must notify the party(ies) in writing within 30 days after the Fire Administrator receives notice of the action taken.

B. The Fire Administrator must refer any unsatisfactory disposition by an LFRD or DFRS official to the Internal Affairs Officer for investigation. The Internal Affairs Officer, in consultation with the Fire Administrator, may appoint a representative ad hoc committee to help investigate technical matters. The Internal Affairs Officer must present a finding of facts to the Fire Administrator, who must then take appropriate action(s).

2. Formal Complaint of a Serious Violation to the Fire Administrator. Upon receiving a formal complaint of a serious violation, the Fire Administrator must promptly notify the subject of the complaint of the allegation.

A. Except for investigations identified in Sec. 5.b. above:

1. where DFRS personnel are the subject of the complaint, the Fire Administrator must provide confidential notification to the DFRS Division Chief; and

2. where LFRD personnel are the subject of the complaint, the Fire Administrator must provide confidential notification to the highest ranking LFRD official. The DFRS Chief and the highest ranking LFRD official must hold this information as confidential and must not divulge it to any other party, except for those authorized to participate in the investigation or disposition of the matter. Those authorized individuals must also keep this information confidential.

B. The subject of the complaint must be informed of the initiation of an investigation, except for allegations of criminal conduct, sexual harassment, Title VII violations, or other conduct for which investigatory procedures are covered by another law, regulation, or policy.

3. Representative during Investigation of a Serious Violation. During the investigation of a serious violation of which the subject of the complaint must be notified under Sec. 5.d.2.A., LFRD personnel and DFRS bargaining unit employees may have a representative present during an investigative interview. Provisions for representation must not unreasonably delay proceeding with the investigative interview or the conduct of the investigation. Representation may continue throughout the investigative and disciplinary process. Interviews of DFRS personnel must be conducted in accordance with applicable provisions of the collective bargaining agreement or County Personnel Regulations.

e. Violence in the Workplace. Violence in the workplace is strictly prohibited, and is considered a serious violation under this policy.

1. Upon receiving a report of an occurrence of violence in the workplace, the Fire Administrator must promptly consult with the highest ranking LFRD official, DFRS Chief, or DVFRS Chief, as appropriate.

2. If immediate action is necessary to maintain personnel and public safety, and safe fire and rescue service operations, the highest ranking LFRD official, DFRS Chief, DVFRS Chief, or the Fire Administrator must remove personnel from MCFRS premises or from their duty assignment, pending an investigation or other appropriate action taken by the highest ranking LFRD official, DFRS Chief, DVFRS Chief, or the Fire Administrator.

f. Appeals. An appeal of decisions or orders of the Fire Administrator to the Fire and Rescue Commission, or decisions or orders of the Fire and Rescue Commission, must be processed according to Chapter 21-7 of the County Code, or other applicable laws, policies, or regulations.

The Fire and Rescue Commission should periodically evaluate the application and effectiveness of this regulation. This evaluation may include soliciting input from all areas of the MCFRS community and the public by using questionnaires, Town Meetings, or other public forums.

If a court of final appeal holds that part of this regulation is invalid, the invalidity does not affect other parts of the regulation.