North Carolina Administrative Code
Title 14B - Public Safety
Chapter 03 - EMERGENCY MANAGEMENT
Section .0500 - NORTH CAROLINA HAZARDOUS MATERIAL REGIONAL RESPONSE PROGRAM
Section 03 .0509 - PERSONNEL, TRAINING, AND EQUIPMENT STANDARDS FOR REGIONAL RESPONSE TEAM REQUIREMENTS FOR ALL PROGRAM PERSONNEL
Universal Citation: 14B NC Admin Code 03 .0509
Current through Register Vol. 38, No. 18, March 15, 2024
(a) Requirements for all system personnel
(1) Qualified
personnel shall be no less than 18 years of age;
(2) Qualified personnel shall be an employee
of a Sponsoring Agency or an employee of the North Carolina Division of
Emergency Management. By participating in this program, program personnel
remain employees of their Sponsoring Agency and at no time become State
employees entitled to State benefits unless they are an employee of
NCEM;
(3) Qualified personnel shall
maintain no less than 48 hours of hazardous material training annually
consistent with 29 CFR 1910.120(e);
(4) Qualified personnel shall possess the
qualifications of character and general fitness requisite for a public servant
and be of good moral character and entitled to the high regard and confidence
of the public, as evidenced by not having been convicted by a local, state,
federal, or military court of:
(A) a
felony;
(B) a crime or unlawful act
defined as a Class 1A, Class 1, or Class 2 misdemeanor within the five-years
prior or four or more crimes or unlawful acts as defined as a Class 1A, Class
1, or Class 2 misdemeanor regardless of the date of conviction;
(C) not having been convicted of an offense
that would prohibit the possession of a firearm or ammunition, under 18 U.S.C. 922, which is hereby incorporated by reference with subsequent amendments and
editions under G.S. 150B-21.6 can be found at no cost
https://www.govinfo.gov/content/pkg/USCODE-2018-title18/pdf/USCODE-2018-title18-partI-chap44.pdf;
(D) being truthful in providing information
to the appointing agency;
(E) not
having pending or outstanding charges that, if convicted, would exclude
eligibility under this Rule.
(5) make the following notifications:
(A) within seven days of the qualifying
event, notify the Sponsoring Agency in writing of all criminal or traffic
offenses for which the individual is charged or arrested;
(B) within seven days of the qualifying
event, notify the Sponsoring Agency in writing of all criminal offenses for
which the individual pleads no contest, pleads guilty, or convicted;
(C) within seven days of criminal summons
pursuant to the provisions of Article 17 of Chapter 15A of the G.S., shall
notify the Sponsoring Agency that he or she has been served by a judicial
official;
(D) within seven days of
the date the case was disposed of in court, the Sponsoring Agency, provided
they have knowledge of program personnel's arrests or criminal charges and
final dispositions, shall also notify the NCEM of arrests or criminal charges
and final disposition of the criminal charges against program personnel;
and
(E) within seven days of the
issuance of all Domestic Violence Protective Orders pursuant to G.S. 50B and
Civil No Contact Orders pursuant to G.S. 50C, the Sponsoring Agency, provided
they have the knowledge of the order, shall also notify NCEM of these
orders.
(b) Requirements for all system equipment:
(1)
equipment shall be made available for inspections and inventory by NCEM
personnel;
(2) program resources
shall maintain any state-owned equipment per manufacturer's recommendations and
immediately notify NCEM of any damage to state owned and issued equipment;
and
(3) upon separation, all
parties to a program agreement shall return all state property within 30 days
to NCEM.
(c) Regional Response Team Personnel and Training Requirements:
(1) Regional Response Teams shall maintain at
all times a minimum of 28 qualified personnel;
(2) Regional Response Teams shall maintain
any additional support personnel as required for a technician-level entry team.
These personnel must additionally meet the requirements of 29 CFR 1910.120,
which is adopted and incorporated by reference with subsequent changes or
amendments under G.S. 150B-21.6 as outlined in the latest published standard by
the EPA and can be found at:
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-H/section-1910.120
at no cost, to operate on a hazardous materials incident scene but are not
required to be qualified to make entry into a hazardous or potentially
hazardous environments;
(3) NCEM
shall be responsible to provide any additional technical specialists required
to support Regional Response Team operations;
(4) Regional Response Teams shall respond
with qualified personnel who are capable of providing a regional response to
hazardous materials incidents requiring technician-level entry capability as
that term is and as defined in G.S. 166A-21; and
(5) Regional Response Teams shall limit its
hazardous materials response team activity to that within the safety and
training levels specified by 29 CFR 1910.120.
(d) Regional Response Team Equipment Requirements:
(1) Regional response teams
shall maintain a functionally equivalent cache of equipment required in the
FEMA Resource Typing Document for a Type II Hazardous Materials Response Team,
which is adopted and incorporated by reference with subsequent changes or
amendments under G.S. 150B-21.6 as outlined in the latest published standard by
FEMA and can be found at:
https://rtlt.preptoolkit.fema.gov/Public/Resource/View/4-508-1248?q=hazardous%20materials
at no cost.
(2) Equipment shall be
maintained in a state of readiness and with a means to transport all required
equipment.
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