Current through Register No. 40, October 3, 2024
(a)
To ensure uniform compliance with these rules by all private firefighting units
and to ensure that such units provide dependable, effective protection for the
communities they serve, for any of the reasons set forth in (b) below, the
state fire marshal shall, after notice and hearing, take any of the following
administrative action(s), depending upon the circumstances of each case,
ranging from most severe to least severe:
(1)
Revocation of private firefighting unit's certification;
(2) Suspension of private firefighting unit's
certification;
(3) Issuance of a
warning letter; or
(4) Issuance of
an order to comply with these rules.
(b) Pursuant to (a) above, the following
reasons shall subject a private firefighting unit to administrative action(s):
(1) Failure to comply with any of the
provisions of these rules;
(2)
Failure to abide by the provisions of the agreement executed pursuant to
Saf-C
6011.04(g);
(3) Failure to abide by the provisions of the
contract with the city, town, or village district as evidenced by a formal
complaint of the governing body of the city, town, or village
district;
(4) Providing false or
misleading information as part of the certification process;
(5) Conviction of the proprietor, partners,
corporation, its officers or partners, or associates of arson, bribery, or any
felony;
(6) Filing a petition for
bankruptcy or reorganization;
(7)
Making an assignment for the benefit of creditors;
(8) Consenting to the appointment of a
receiver or trustee; or
(9)
Defaulting in discharging any obligation for the payment of money owed to the
city, town, or village district or the state or a third party.
(c) For the purposes of (a) above,
the severity of the administrative action(s) taken against a private
firefighting unit shall correlate with the factors set forth below:
(1) The seriousness of the private
firefighting unit's actions;
(2)
The private firefighting unit's history of compliance with Saf-C 6011 or any
other order by the state fire marshal;
(3) The degree of purposefulness on behalf of
the private firefighting unit in carrying out any of the actions stated in (b)
above; and
(4) Any other factor
which indicates a disregard on behalf of the private firefighting unit for its
responsibility to public safety and its ability to carry forth its
responsibility pursuant to these rules.
