Fire Marshal’s Update – July 2023

Wow, what a whirlwind this month has been. Seems like I just wrote an article for this awesome magazine. With that being said, I would like to express my appreciation to Jamie Miller, Gail Hagans-Reynolds, and whoever else produces an awesome magazine for us to enjoy, “Thank You”!

I would like to congratulate FFAM for another great 2023 convention. Thank you to the convention committee, and everyone who made it successful. I enjoyed the large vendor display that was made available, the banquet area was great, and amazing fellowship. Thank you for making Judy and me feel welcome in your organization.

Since the last article, the 102 legislative session come to a close, with a balanced budget presented to Governor Parson. Within the budget, legislators added $500,000 more dollars to firefighter training. We had a shortfall of about $500,000 in requests from you as the Missouri Fire Service for training. If approved we will work hard for you to get your request fulfilled. We need you to continue to request classes. Please continue to submit your training needs. We would like to go back next year and show we spent all of the funding and continue to have a shortfall of funds. Here is the site to apply for your training needs: https://bit.ly/3CNecW6 (Contracted Training Course List and Request Form). Provided on this link is a video from Deputy Chief Landwehr to walk you through if it is your first time. Here is Deputy Chief Landwehr’s desk number, 573-522-1625, mine is 573-751-1742.

Recently the fire education / advisory commission met. I am extremely pleased to report they voted and directed us to fund and prioritize the new updated “Introduction to the Fire Service” class. This is the old Basic Firefighter class we all grew up on. The old basic class was out of date and the curriculum did not meet the updated NFPA 1001 standard. The University of Missouri Fire and Rescue Training Institute (MU FRTI) took the old class, updated it, and added more hands-on skills. Again the Fire Education Commission directed us to move this class to the front of the line to be funded and delivered.

We recently took delivery (after a three-year wait) of our new dually flatbed truck that will pull our new NFPA-compliant 1403 burn trailer. With this prop opportunity, we will be able to assist your department in your live fire training and certifications. This is a no-cost tool to assist areas of our state that do not have certified burn trailers or fixed burn facilities available. Deputy Chief Landwehr is the contact to schedule the burn prop to your area. We plan to deliver the trailer to you and leave it until you have finished your burns, then come and pick it up. You will be held financially liable if it is misused or compromised. I desire to add three more to the fleet and stage them throughout our state for easy access.

Another historical event took place this year during the legislative session. Senate Bill 24 sponsored by Senator Lincoln Hough District #30 out of Green County pass both chambers and is wait the Governors’ signature. If signed 7 million dollars was allocated to establish a Critical Illness Pool similar to our Cancer Pool. This bill is designed to assist us as first responders with assistance when we become ill due to mental/behavioral health. Through the Critical Illness Pool services will be available by certified professionals to aid us in our recovery. I have, and know many others who have had mental/behavioral health breakdowns throughout our careers. We need you to be able to get the needed assistance when you find yourself or a member of your department in these crises. The old saying “Suck it up Butter Cup” days are over! This pool will be a great tool in the toolbox to recruit and retain our firefighters and first responders in the days, weeks, months, and years to come. Thank you to the men and women who devoted hours working on this legislation, it takes everyone working together to accomplish this. This is a great example of you as the Missouri Fire Service getting to know your local Senator or State Representative makes a difference here in Jefferson City! We will push out more information as it becomes available, keep an eye out for an email through our office as it becomes available. Here is part of the language on Senate Bill 24.

WORKERS’ COMPENSATION – PTSD AS OCCUPATIONAL DISEASE IN FIRST RESPONDERS (SECTION 287.067)
This act establishes post-traumatic stress disorder (PTSD), as described in the Diagnostic and Statistical Manual of Mental Health Disorders, Fifth Edition, (DSM-5) as a compensable occupational disease under workers’ compensation when diagnosed in first responders, as defined in by law. A first responder shall not require a physical injury in order to be eligible for benefits, but preexisting PTSD is not compensable. The time for notice of injury or death in cases of compensable PTSD is measured from exposure to one of the qualifying stressors listed in the DSM-5 criteria, or the diagnosis of the disorder, whichever is later. Any claim for compensation for an injury shall be properly noticed to the Division of Workers’ Compensation within 52 weeks after the qualifying exposure, or the diagnosis of the disorder, whichever is later.)

This provision is substantially similar to a provision in HCS/SS/SCS/SBs 119 & 120 (2023).

Stay tuned for Senate Bill 24. We will forward the information along as it becomes available through our fire department registration email list.
Our state is presently experiencing drought conditions. Each Thursday the National Weather Service releases its drought monitor map. Here is the link to view this information weekly. https://bit.ly/3CItLy6, this is a great tool for you to keep informed of what presently is going on, and the long-term predictions that may be coming down the road.

I may add, Burn Ban orders are established by statute at the local level.

49.266. County commission by orders or ordinance may regulate use of county property, traffic, and parking — burn bans.

1. The county commission in all counties of the first, second, third, or fourth classification may by order or ordinance promulgate reasonable regulations concerning the use of county property, the hours, conditions, methods and manner of such use and the regulation of pedestrian and vehicular traffic and parking thereon.
2. Violation of any regulation so adopted under subsection 1 of this section is an infraction.
3. Upon a determination by the state fire marshal that a burn ban order is appropriate for a county because:
   (1) An actual or impending occurrence of a natural disaster of major proportions within the county jeopardizes the safety and welfare of the inhabitants of such county; and
   (2) The U.S. Drought Monitor has designated the county as an area of severe, extreme, or exceptional drought, the county commission may adopt an order or ordinance issuing a burn ban, which may carry a penalty of up to a class A misdemeanor. State agencies responsible for fire management or suppression activities and persons conducting agricultural burning using best management practices shall not be subject to the provisions of this subsection. The ability of an individual, organization, or corporation to sell fireworks shall not be affected by the issuance of a burn ban. The county burn ban may prohibit the explosion or ignition of any missile or skyrocket as the terms “missile” and “skyrocket” are defined by the 2012 edition of the American Fireworks Standards Laboratory, but shall not ban the explosion or ignition of any other consumer fireworks as the term “consumer fireworks” is defined under section 320.106.
4. The regulations so adopted shall be codified, printed and made available for public use and adequate signs concerning smoking, traffic and parking regulations shall be posted.

(L. 1988 H.B. 1653, A.L. 2003 H.B. 267, A.L. 2013 H.B. 28, A.L. 2014 S.B. 672, A.L. 2021 H.B. 271)

In closing it is an honor to be your State Fire Marshal. Thank you each for everything you do across our great state. Judy and I wish you a Happy Independence Day. May God continue to bless America and you, land of the free! If there is anything you need please reach out to my email at tim.bean@dfs.dps.mo.gov or desk phone at 573-751-1742.