Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 95A.040, 95A.262(3), (4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 95A.262 requires that
prior to the expenditure of funds for the purpose of constructing new or
upgrading existing training facilities for firefighters, plans shall be
submitted to and reviewed by the Commission on Fire Protection Personnel
Standards and Education. The purpose of this administrative regulation is to
set out standards and procedures for determining the amount and use of the
funds to be expended from the Firefighter's Training Facility Fund. This
amendment is necessary to comply with KRS Chapter 13A drafting rules as
requested by LRC staff and to add the forms to apply for firefighters training
facility grants.
Section 1.
Definitions.
(1) "Commission" means commission
as defined by KRS 95A.210(1).
(2)
"Cost estimate or quotation or bids" means an itemized list of labor, items or
materials needed and their estimated cost at the time of bidding. It may also
mean the estimated cost of land or buildings to be purchased.
(3) "Training facility" means a mechanism
fixed or mobile where firefighters may be trained.
Section 2. Eligibility. To qualify to receive
aid under the Firefighter Training Facility Fund, all fire departments
recognized by the commission or groups or associations of fire departments
operated and maintained on a nonprofit basis in the interest of the health,
safety, prosperity and security of the inhabitants of the Commonwealth, shall
be eligible.
Section 3.
Participation Requirements.
(1) Application
shall be made to the commission on Form TFG-1, July 14, 1998. The application
shall contain, but not be limited to the following:
(a) A letter of application, containing a
general statement of intent;
(b) A
list of fire departments and agencies that will use the facility;
(c) A list of what is available to the
applicant, such as land, free labor or materials, etc.;
(d) The name of an agent or contact
person;
(e) A drawing or sketch of
the proposed training facility, as well as building drawing if applicable;
and
(f) A cost estimate.
(2) All applications shall comply
with KRS 45.750 through 45.800 applicable to capital construction projects
statutes and the requirements stated in subsection (1) of this section.
(a) Quotations or bids shall be obtained from
at least three (3) suppliers for all expenditures of less than
$10,000.
(b) Expenditures exceeding
$10,000 or in excess of the requirements of KRS 424.260, whichever applies,
shall require advertisement in newspapers prior to letting the bid to inform
the public and suppliers of the needs of the recipient and assure that
purchases will be at the lowest cost.
(c) Capital construction exceeding the cost
of $25,000, shall require bidding, advertisement and the services of an
architect or professional engineer registered in the state of
Kentucky.
(d) Equipment
expenditures exceeding $50,000 shall comply with paragraphs (a), (b) and (c) of
this subsection and shall be submitted to and approved by the Capital
Construction and Equipment Oversight Committee.
(3) Permits shall be obtained for all
electrical installations; all plumbing installations; all fuel installations;
and boiler and pressure vessel installations.
Section 4. Processing Applications.
(1) The commission shall review the
applications and, subject to funds available, shall determine which
applications shall be funded and at what levels, together with any terms and
conditions the commission deems necessary.
(2) Funds shall not be expended for any
purpose other than that for which it is approved without the approval of the
commission.
(3) If funds are
granted to an applicant and are not to be used for the purpose granted, the
applicant's agent shall contact the commission through its administrator
directly, giving the reason any change is required or desired in the original
plan; and resubmit new plans and cost estimates which shall be approved by the
commission; or return the funds.
(4) Granted funds shall not be held longer
than twelve (12) calendar months after the date of the grant check without
reasonable progress toward the purpose of the grant. If no progress has been
made or there is insufficient progress in the consideration of a majority of
the commission members after twelve (12) months, the remaining funds shall be
returned.
(5) If expenditures or
progress is made during the quarter, receipts for funds expended or progress
made shall be forwarded to the commission by the 15th of the following month.
Progress shall be reported on Form TFG-2, July 14, 1998, and expenditures shall
be reported on Form TFG-3, July 14, 1998. Receipts for January, February and
March shall be in the hands of the Commission Administrator by the 15th of
April and so on.
(6) Maintenance of
the training facilities and equipment purchased with the granted funds shall be
the responsibility of the applicant. A reasonable fee may be charged for use of
the facilities by others than the applicant's members. These fees are to be
used for the maintenance of the facilities or equipment.
(7) Any false statements made knowingly by an
applicant shall call for refund of grant monies and prosecution under existing
statutes.
Section 5.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
Training Facility Grant Application, Form TFG-1, July 14, 1998 (2
pages).
(b) Quarterly Progress
Report, Form TFG-2, July 14, 1998.
(c) Quarterly Financial Status Report, Form
TFG-3, July 14, 1998.
(2)
This material may be inspected, copied or obtained at the Commission on Fire
Protection Personnel Standards and Education, 118 James Court, Lexington,
Kentucky 40505, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 95A.260(1),
95A.262
