Current through Register Vol. XLI, No. 16, April 19, 2024
Section 87-14-4 - Use of AFFF During Training4.1. Fire Department fire-fighting and hazardous material training programs where use of AFFF exist. 4.1.1. Active and specialized support members of a volunteer fire department, combination fire department or county fire prevention unit(s), and paid fire departments that respond but do not operate at hazardous material incidents must have completed and achieved certification for training at or above the level of Hazardous Material Awareness, and have passed any and all testing required for this certification. Active and specialized support members that operate at hazardous materials incidents must have completed and achieved, at the minimum, certification for training at the Hazardous Materials Operations Level, as set forth by NFPA 1001, Standard for Fire Fighter Professional Qualifications or equivalent, and have passed any and all testing required for this certification. Additionally, all active members and firefighters shall have the training available to them to allow them to become compliant with the NIMS Training Guidelines for West Virginia as established by the West Virginia Division of Homeland Security and Emergency Management.
4.1.2. Standard safe practices for the discharge or otherwise use class B fire-fighting foam that contains intentionally added polyfluoroalkyl substances (PFAS). 4.1.2.a. For purposes of this section: 4.1.2.a.1. "Class B fire-fighting foam" means any foam designed to extinguish flammable liquid fires.4.1.2.a.2. "PFAS chemicals" means nonpolymeric perfluoroalkyl and polyfluoroalkyl substances that are a group of man-made chemicals that contain at least two (2) fully fluorinated carbon atoms, excluding gases, and volatile liquids.4.1.2.a.3. "Testing" means calibration testing, conformance testing, or fixed system testing.4.1.2.a.4. "Testing Facility" allows the discharge of foam in a non-emergency situation for the evaluation and calibration of firefighting equipment and foam. This facility may also have the capability to provide some level of needed training for firefighters.4.1.2.a.5. "Fixed Foam System" means a complete installation piped from a central foam station, discharging through fixed discharge devices on the flammable liquid hazard being protected. Foam proportioning components are permanently installed. The system has been engineered for the hazard and often contains multiple (UL or FM) listed components and foam.4.1.2.a.6. "Foam Training Facility" shall mean to allow the discharge of foam in a non-emergency situation for the training of firefighters and readiness of equipment. This facility may also have the capability to provide some level of needed evaluation and calibration of equipment and foam.4.1.3. On or after July 1, 2021, no person, fire department, state department, agency, board, bureau, office, commission, public corporation, or authority; county, municipal corporation, school district, or other political subdivision of this state may discharge or otherwise use class B fire-fighting foam that contains intentionally added PFAS chemicals unless:4.1.3.a. The discharge or other use occurs in fire prevention or in response to an emergency fire-fighting operation; or4.1.3.b. The discharge or other use is for training or testing purposes which occurs at a facility that has implemented containment, storage, treatment, and disposal measures to prevent uncontrolled releases of such class B fire-fighting foam into the environment.4.1.4. Nothing in this code section may be construed to:4.1.4.a. Restrict the manufacture, sale, or distribution of class B fire-fighting foam that contains intentionally added PFAS chemicals or restrict the discharge or other use of class B fire-fighting foam in response to an emergency fire-fighting operation; or4.1.4.b. Prevent the use of nonfluorinated foams, including other class B fire-fighting foams, for purposes of training for fire-fighting operations.4.1.5. Training certification records shall be maintained and retained by the fire department and/or their governing authority having jurisdiction when use of allowable AFFFs for training purposes are used.