wv-wv-18569: 87-12 — Junior Firefighters

6/29/2026 3:18:58 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Fire Commission TITLE-SERIES: 87-12 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: Junior Firefighters CITE STATUTORY AUTHORITY: W. Va. Code §15A-11-8. COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/29/2026 12:00 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Brandolyn N. Felton-Ernest 1900 Kanawha Blvd., E. ADDRESS: Building 1, Room W-400 EMAIL: brandolyn.feltonernest@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: No RELEVANT FEDERAL STATUTES OR REGULATIONS: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: This rule establishes the parameters for Junior Firefighters responding to, and operating on a fire scene. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: The proposed amended rule updates the filing date, effective date and sunset provision of the rule. Also, in section 6 of the proposed amended rule, language is updated in the rule consistent with the language in HB 4005 which passed during the 2026 Regular Legislative Session. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: 0 B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: 0 C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: 0 D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost Personal Services Current Expenses Repairs and Alterations Assets Other 2. Estimated Total Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): 0 BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Brandolyn N Felton-Ernest-By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 87CSR12 TITLE 87 LEGISLATIVE RULE STATE FIRE COMMISSION SERIES 12 JUNIOR FIREFIGHTERS §87-12-1. General. 1.1. Scope. -- Thisrule establishesthe parameters for Junior Firefighters responding to, and operating on a fire scene. 1.2. Authority. -- W. Va. Code §15A-11-8. 1.3. Filing Date. -- May 5, 2022. 1.4. Effective Date. -- August 1, 2022. 1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027 2032. §87-12-2. Child Labor Regulations. 2.1. The Commission intends for the provisions of this rule to supplement, and not supersede, the regulations set forth in the Child Labor Rule, W. Va. Code R. §42-9-1. §87-12-3. Definitions. 3.1. As used in this rule, the following terms shall mean: 3.1.a. JuniorFirefighter-apersonwhoistheageof16or17whoisamemberofaFireDepartment. 3.1.b. Emergency Apparatus - Firefighting and response vehicles used by a Fire Department or by Fire Department Personnel, to respond to an emergency scene: Provided, That, a personal vehicle which has been issued an Emergency Vehicle Permit is only included in this definition if the lights and sirens are engaged, and the vehicle is responding to an emergency scene. 3.1.c. Non-member minor - Any Minor child under the age of 18 who is not a member of a Fire Department. 3.1.d. FirefighterOnemodules -- theactivitiestrainedduringthemodulesofthisclassareattached as Appendix A and are incorporated into this rule. §87-12-4. Emergency Apparatus Responding to a Fire or Emergency Scene. 4.1. Junior Firefighters who have not completed at a minimum Modules 1 and 2 of Fire Fighter 1, shall not travel on an emergency apparatus while the apparatus is traveling to or from a fire or an emergency scene. 4.2. Junior Firefighters who have completed at a minimum Modules 1 and 2 of Fire Fighter 1, may 1 87CSR12 travel on an emergency apparatus either while the apparatus is traveling to or from a fire or an emergency scene, or not traveling to a fire or emergency scene: Provided, That the Junior Firefighter is properly belted in and follows all safety procedures while traveling on the emergency apparatus. § 87-12-5. First Aid at a fire or emergency scene. 5.1. Junior Firefighters who have not completed Basic First Aid and CPR training, shall not be permitted to administer first aid at any time on an emergency or fire scene. 5.2. Junior Firefighters who have completed Basic First Aid and CPR training, may administer first aid at a fire or emergency scene: Provided, That the Junior Firefighter shall not do so inside the fire scene area, or in a building or structure until the emergency or fire has been declared under control by the official in charge. Provided further, That any Junior Firefighter administering first aid but be under the direct supervision of a certified fire fighter over the age of 18. §87-12-6. Other functions which may be performed by Junior Firefighters. 6.1 Once a Junior Fire Fighter completes at a minimum any module of Firefighter One, or who has completed the Firefighter One training in full, the Junior Fire Fighter may perform any activities at a fire or emergency scene which they have completed training within modules one or two of Firefighter one, while under direct supervision of a certified firefighter over the age of 18. Under no circumstances may a Junior Firefighter perform any activities trained in modules three or four of Firefighter One at a fire or emergency scene. 6.1.a. A child at least 16 years old but under 18 years of age may be employed or permitted to work in any occupation not otherwise prohibited by W. Va. Code §21-6-2(a), §21-6-2(b) or §21-6-2(c), or which is expressly prohibited by West Virginia state law, or expressly determined by the Commissioner of Labor by legislative rulemaking to be dangerous or injurious: Provided, That a child between the ages of 16 and 18 years who is enrolled in, participating in, or has completed the minimum training requirements of the West Virginia State Fire Commission, West Virginia Department of Education Public Service Training, or West Virginia University fire service extension, or equivalent approved program, and who has the written consent of his or her parent(s) or guardian(s), may be employed by or elected as a member of a volunteer fire department to perform firefighting functions: Provided, however, That no child may be permitted to operate any fire fighting vehicles, enter a burning building in the course of his or her employment or work or enter into any area determined by the fire chief or fireman in charge at the scene of afireorotheremergencytobeanareaofdangerexposingthechildtophysicalharmbyreasonofimpending collapse of a building or explosion, unless the child is under the immediate supervision of a fire line officer. § 87-12-7. Non-member minors; Minors under the age of 16. 7.1. Non-member minor children, or any minor under the age of 16 may not participate in any activity provided for in this rule, but may ride on an emergency apparatus while it is not in service: Provided, That the minor child is properly belted in and follows all safety procedures while traveling on the emergency apparatus. 2 87CSR12 Appendix A WV Fire Commission Modular Firefighting Training Pilot Program Tasks that can be performed at the end of each module: Module 1 Wear structural firefighting gear Ride on a fire apparatus Answer station phone Talk on a two-way radio Deploy traffic and scene control devices Make hydrant and FDC connections Stretch hose lines (Exterior fire ground) Deploy Master streams Assist set up for drafting operations Clean and inspect hose Perform first aid and CPR Operate within the parameters of an Incident Command System Operate at the Awareness level at a Haz Mat incident -- Identify, Isolate and Notify. Module 2 Use, inspect and clean SCBA Use Fire Extinguishers Hoist equipment and hose with rope Use hand tools Inspect, maintain, clean and deploy ladders Set up exterior illumination Operate exterior fire attack lines Operate at Wildland Fire Incidents Operate Master Streams Module 3 Operate at the Haz Mat Operations level of a Haz Mat Incident WV Fire Commission Modular Firefighting Training Pilot Program Module 4 Interior fire attack Forcible Entry Search and Rescue Salvage and Overhaul Ventilation Operate as a member of RIT Climb and work from ladders Secure building utilities 3