state of delaware · web view2.thank you to the fire school director, and matt gajdos who were able...

STATE FIRE PREVENTION COMMISSION

Monthly Meeting

June 16, 2015

MEMBERS PRESENT

David J. Roberts, Chairman - AbsentAlan Robinson, Jr., Vice ChairmanTom DiCristofaroRon MarvelMarvin SharpRichard ToulsonLynn Truitt

ALSO PRESENT

Patricia Davis-Oliva, Deputy Attorney GeneralPatrick Matthews, M.D., BLS Medical DirectorSherry Lambertson, Executive SpecialistDavid J. Truax, Investigator/Compliance OfficerGrover P. Ingle, State Fire MarshalRobert P. Newnam, Director, State Fire School

GUESTS

Louis Amabili, Hockessin Fire Co.Anthony Spiezio, DTI Anthony R. Guzzo, DVFAAlan Post, American Legion SmyrnaCharles Frampton, Brandywine Hundred Fire CompanyW. Mike McMichael, DSEMSAWarren Jones, DVFAAlan Brown, Assistant State Fire MarshalMichael Donohue, Wilmington Fire DepartmentJohn Looney, Wilmington Fire Department

S T A T E O F D E L A W A R ES T A T E F I R E P R E V E N T I O N C O M M I S S I O N

D E L A W A R E F I R E S E R V I C E C E N T E R (302) 739 – 3160 1463 CH E S T NU T GRO V E RO A D F A X (302) 739 – 4436 DO V E R , DE L A W A RE 19904

SFPC MinutesJune 16, 2015

CALL TO ORDER

Vice Chairman Robinson called the meeting to order at 9:00 a.m.

PLEDGE OF ALLEGIANCE

APPROVAL OF MAY 19, 2015 COMMISSION MEETING MINUTES

It was moved by Commissioner DiCristofaro, and seconded by Commissioner Truitt that the minutes of the May 19, 2015 Commission meeting be approved. Motion carried by unanimous vote.

REPORT OF THE STATE FIRE MARSHAL

INFORMATIONAL ITEMS

Court Decision

Fire Marshal Ingle reported that on June 15, 2015, Travis Jones was found guilty on three charges of manslaughter for the October 4, 2010 Delaware City fire that claimed the life of three individuals. He was charged with three counts of murder and arson. He was not convicted of the arson charge. The Fire Marshal’s portion of the case will be reviewed with the Attorney General’s office. Fire Marshal Ingle commended Deputy Walker and Deputy Wagner for the tireless effort put into the case. Deputy Walker continued to pursue and not take no for an answer when it seemed the case would stall. They had to wait for a length of time for things like the test from forensic science. They conducted a lot of witness interviews, putting hard work into this case. Fire Marshal Ingle is pleased to see the positive outcome of the case. Assistant State Fire Marshal Brown testified in the case. He appreciates all the work that Deputy Walker and staff put into this case.

Commissioner Dicristofaro commented on the great job that he and his agency did on covering and following up on this case. Any loss of life is a tragedy, yet this was a huge tragedy in Delaware City that included the loss of children’s lives. The office did a great job for the fire service and the state of Delaware by being persistent.


Personnel Items

The Deputy Fire Marshal I position in Sussex County is in the final phase of being filled. A tentative offer has been made to a candidate to allow them to finish required testing. The Fire Protection Specialist I interviews were conducted in Dover on May 20th for the vacancy in Sussex County. The panel has submitted their recommendations of several people. Fire Marshal Ingle is in the process of reviewing them and will make a decision within the next couple of days for a July hire date.

William Goins, Deputy Fire Marshal III has completed 25 years of state service.

Michael Moran, Fire Protection Specialist II has completed 20 years of state service. Fire Marshal Ingle stated that they are both an asset to the agency.

It was moved by Commissioner Dicristofaro, seconded by Commissioner Truitt to recognize Deputy Goins for 25 years of service and Michael Moran, Fire Protection Specialist II for 20 years of service. Motion carried by a unanimous vote.

DTI Update

Fire Marshal Ingle reported that DTI involvement with the agency has been going well. Everything has been done on time and meeting expectations. Microsoft Office 2013 has been deployed and most of the staff has been trained. Laptops have been reimaged and deployed without any issues. Anthony Spiezio is doing a good job for the agencies.

The phone system will be replaced sometime after July, 2015 in New Castle and Sussex. DTI will oversee the transition.

Burn Camp Appointment

Fire Marshal Ingle appointed Brian Ferguson, Juvenile Fire setter Coordinator to serve as the Director on the Burn Camp, representing the Office of the State Fire Marshal.

Fire Fly and Big Barrel

There are two big events coming to Dover this week and next week. Fire Fly begins June 18th and ends June 21st. The Office of the State Fire Marshal will be part of a site inspection along with Dover Enforcement agencies on June 17th. They will walk the fields and see the lay out of the plans submitted for these events. Big Barrel will begin the following week from June 26th to June 28th.


DATE Party Crashers Campaign

The Office of the State Fire Marshal participated with the Department of Alcohol and Tobacco Enforcement, Delaware State Police and Dewey Beach Police in the DATE Party Crashers Campaign. The first one done in Dewey Beach went very well and a lot of contacts were made. Fire Marshal Ingle is pleased to be a part of this and will continue to work with other agencies across the state.

Residential Sprinklers Proposed Legislation

Fire Marshal Ingle discussed House Bill133 that has been sponsored by Representatives Osienski, Heffernan, Johnson, Keeley, Kowalko, Short and Senator Ennis. This bill requires builders of new, one or two family residential dwellings that are 3 stories or less to provide to the purchasers a cost estimate from the builder for an automatic sprinkler system, as well as information from the State Fire Marshal’s Office about the benefits of such a system. The House Bill passed the house and is now going to the Senate for review. Commissioner Marvel commented that Fire Marshal Ingle did an outstanding job as an expert witness speaking and making his presentation at Legislative Hall with regard to House Bill 133. His level of expertise showed in his presentation.

ISO Claims Research Letter

Fire Marshal Ingle reviewed with the commission correspondence received from ISO. This letter sought clarification regarding the fire loss reporting requirements in the State of Delaware.

Point Farm Water Connection

Fire Marshal Ingle discussed the details of a water connection request for one lot in Point Farm. The request only effects this one lot and not six other lots that are a part of Point Farm Estates. The request is with respect to meter valves and the box sitting on the homeowners’ property. He asked if he could connect to the water, but the Fire Marshal has not committed to this at the current time.

Deputy Fox instructed the owner of the six lots in Point Farm Estates to come before the commission six months ago, which never occurred. Fire Marshal Ingle can review submissions on a case by case basis regarding approval of a connection or not if he is not comfortable with it. If he is not comfortable with the approval, he can request that they appear before the Commission for an appeal hearing. It does not seem practical to allow the Point Farm Estates for numerous reasons. They are not a community, they are


Point Farm Water Connection cont.

individual standalone homes, and it doesn’t appear practical to require them to provide fire protection when Tidewater is not improving their franchise. They are not extending or changing the requirements that were put in the nearby development with the existing system. There were 118 Lots and 70 were built at the time of the settlement. They were allowed to continue to provide domestic water to them unless they decided to upgrade their franchise to improve the connection and provide fire protection. The one requirement does not fall under the change made in the regulation, however they will not be able to comply with putting a fire hydrant in because there is not enough water pressure to do that. Fire Marshal Ingle has not received the information that he needs to prove a hardship.

There is a probability that they would have to use a well and there are complicated factors with that. Fire Marshal Ingle asked the opinion of the Commission, if they wanted him to continue with the request and handle on a case by case basis as the settlement allows them to do or if they want them to have the parties request they come before the Commission for an appeal hearing. Fire Marshal Ingle does not have a concern with either way that it would be done. Fire Marshal Ingle asked for Commission direction with regard to him continuing to work the questions with the “one Lot in Point Farm” or turn it over for a hearing.

The Commission discussed the Farm Point Lot verses the others and determined that the Fire Marshal can continue to work the questions of this single lot and if others come before the agency, they will go through the same process and possibly come before the commission for an appeal hearing. This is a case by case decision.

It was moved by Commissioner Marvel, seconded by Commissioner Sharp to allow Fire Marshal Ingle to make a determination on the Lot of Fox Point Estates in Sussex County. Motion carried by a unanimous vote.


DFIRS Incidents Received

TOTAL STATE PARTICIPATION IN COMPLIANCE77 %

DELINQUENT DEPARTMENTSNew Castle County

Hockessin AprilTownsend AprilBelvedere March & April

Wilmington Manor April

Kent CountyCheswold February 2014 – December 2014/April 2014

Felton AprilHouston February & March & April

Little Creek January – April 2015Harrington AprilMagnolia April

South Bowers January 2014 – April 2015

Sussex CountyBridgeville April

Delmar AprilRoxana March & April

OVERDUE REPORTS BY DAYS30 Days 60 Days 90 Days 90+ Days

8 2 1 3

Source: DFIRS Incidents received as of 6/03/15.

SFPC Minutes

June 16, 2015

REPORT OF THE STATE FIRE SCHOOL DIRECTOR

Director

Video Conferencing Equipment is scheduled to be installed in the conference room. Planning and Evaluation Staff workshop is scheduled for July 13th – 17th. This is when the

staff works on the next calendar years schedule and classes. The Delaware State Fire School student record keeping system is under development on an

upgrade to include Instructor contract area. This will only impact the school. The instructors will be able to go into a secure portal to accept, amend or decline a contract. This will stop the faxing and emailing of documents.

Instructor injury – finger – Vehicle Rescue – treated and released The school is continuing a student survey via email. This has worked well and run

consecutively the last three class weekends. This will allow the outside classes such as Vehicle Rescue to complete a class evaluation. Director Newnam reported that the feedback in constructive.

AHA Meeting – Some AHA Instructors will be transferring to various AHA approved in State Training Centers such as Sussex Tech, Poly Tech and Stockley. The Delaware State Fire School will maintain 98 Instructors.

Response training program development for rail incidents and Hazardous Materialso Development of Incident Command Program – Meeting held.o Letter to be sent to railroads for training funding – Draft by DEMAo Identify gaps in training, equipment, supplies and response

Haz. Mat. Conference for 2016 will be hosted by the Delaware State Fire School. The dates announced will be April 1st – 2nd, 2016.

Staff Activities

Staff members attending NFA program – Senior Instructors Low and Dempsey, Training Educator O’Malley.

Met with representatives from AHA – Senior Instructor Gajdos Completed draft and update of recommended practices for responding to Civil

Disturbances

SFPC Minutes

June 16, 2015

Programs/Courses

Figures in red are reference to last year’s comparison of class attendance.

Current Month o Training program (Branch Safety Officer) for U.S. Capitol Police – Juneo Hosting Haz. Mat. Tech. program at NCD with DuPont o Introduction to RIT – 19 studentso NFA program – Strategy and Tactics for Company Officer – 8 students o Certification Testing - Haz. Mat. Operations , 4 students, Firefighter I, 3

students, Firefighter II, 3 students, Fire Officer I, 3 students – Total 13 , (14)

o Woman in the Fire Service seminar – 14 attendees. The seminar went well, but they continue to hope for better attendance.

o Director Newnam reported that the industrial classes are running more frequent and better both in and out of state, than they have in fifteen years.

Divisions Usage o New Castle Division – 4 classes scheduled (7)o Kent Division – 3 classes scheduled (3)o Sussex Division – 0 classes scheduled (1)

EMS

Current Montho Accelerated program No. 1 completes this week o Accelerated program No. 2 begins on Monday July 6th – 21 students o CEU programs – New Castle, 4, Kent, 3 Sussex, 4 total 11 (10)o Escaping Violent Encounters – 15 students - Some of these students will

become instructors for this course.

Public Education and Injury Prevention - Activity Report

Current Montho Fire Safety Displays – 7 scheduled (10)o Fire Safety Programs – 6 scheduled (6)o Injury Prevention Programs – 3 scheduled (1)


Maintenance – Building and Grounds

Drill grounds close after Father’s Day for routine maintenance o Building maintenance (floors) to be completed during August

New air compressor ordered for New Castle Division – expected in July (24K) Awarded bid for repairs to the Drill Tower concrete – completion by Aug 30th

(49K)o Includes repairs to sidewalks in two locations

Draft pump out of service – pricing repairs and replacement Cleaning of the fuel separators is scheduled for July – annual maintenance

Financial

Past Due Billingso 30 days – 67,098.00o 60 days – 1,035.00o 90 days – 16,265.00

20678 Tuition Fund – 657,464.00 Accounts receivable – 226,155.00 Revenue Comparison

o Tuition – 2015 – 107,893.00o Tuition – 2014 – 102,919.00

Special Funds Summary – The Special Funds Summary report was submitted to the Commissioners for review.

Expenditure Report – The Expenditure report was submitted to the Commissioners for review.

Staff and Office Staff Meeting Minutes

Staff and office staff meeting minutes were submitted for Commission review.

Personnel Issues

o Trainer-Educator III – 19 applied in which 14 were approved as qualified by State Personnel. 2 appeals are currently taking place. As soon as those are completed the interview process will begin.


BLS MEDICAL DIRECTOR

Dr. Matthews addressed the Commission and submitted the following report.

1. Narcan pilot update: Throughout the pilot period, from February 2014 to March 31, 2015, there were 92 uses of Narcan by BLS. The pilot data will be reviewed and analyzed with the ultimate goal of publishing the success of the Delaware BLS Narcan pilot. The data demonstrates the importance of BLS carrying and administering Narcan to those in need during the current opiate epidemic. Thank you to all of the participating agencies, trainers, and providers who have made this program successful throughout the pilot program. No updates.

2. Thank you to the Fire School Director, and Matt Gajdos who were able to query BLS agencies regarding the interest in the BLS albuterol pilot. A total of 22 companies throughout the State are interested in participating, and have completed the "Train the Trainer" course which was organized by Matt Gajdos. 2 companies have completed training and sent training records in to the Fire School with most others in the process of training providers. After the training phase, and once all necessary equipment and QA processes have been organized, the pilot will be ready to go live with for participating agencies. The pilot data collection sheets will be collected by OEMS for review. A general albuterol prescription for participating agencies is on file with Southeastern Medical Equipment and I can put on file at other pharmacies if requested.

3. OEMS approved a list of EDs throughout the State regarding capabilities for BLS agencies to use as a reference regarding most appropriate destination. The list includes capability status for trauma, pediatrics, obstetrics, cardiac catheterization, and stroke centers. The list is available on the OEMS website. Please note that patient request for destination facility does not supersede the capability of the receiving facility, and patients should be transported accordingly.

4. Thank you to Matt Gajdos and DE City Fire Company who coordinated, sponsored, and submitted an application for a CPR assist device grant. If accepted, the grant would significantly reduce the cost of purchasing these devices for BLS companies throughout the State. No Update


BLS Medical Director cont.

5. Follow up items: Per SE Med Equipment, the current cost of 2mg Narcan with atomizer is just under $41. Cost of albuterol 2.5 mg respules $5 for box of 25 respules. Neb/tubing ranges $0.90 to $1.35 per set for use. No Update

6. A general reminder that proper "refusal of service" protocols should be followed when patients/families wish to refuse service after EMS has been called. Refusals represent risk to both patients and providers, and the circumstances regarding the refusal should be carefully documented. This documentation is extremely helpful in cases which may require review.

Commissioner Marvel asked Dr. Matthews if the Medical Directors are looking at the subject of excessive runs. He understands the sensitivity, yet is concerned that this will effect a necessary run for someone who needs medical assistance such as a CPR in progress or motor vehicle accident. Dr. Matthews stated that the doctors are aware of persons that abuse the system. He asked if Commissioner Marvel would be interested in sitting on a sub-committee to research options in these cases. Commissioner Marvel agreed to sitting on a committee. It was agreed that other agencies such as Delaware Health and Social Services and Delaware Ambulance Association need to be involved on this committee.

REPORT OF THE INVESTIGATOR/COMPLIANCE OFFICER

In May, Mr. Truax conducted 4 annual ambulance unit inspections. Out of those inspections, three were new units.

Quarterly Report

Inspection and Complaint Activities March to May 2015

Ambulance Inspections from March 1st to May 31st 46

New Ambulance Inspections 8

Total from March 1st through May 31st 54

Total Ambulance inspections from July 1, 2014 to May 31,, 2015 217


Report of the Investigator/Compliance Officer cont.

Complaints

Complaints received between March 1st and May 31st 5

Outstanding Complaints from 2014 4

Open Complaints for 2015 10

Case #1505, #1506, #1508 and #1405 were presented to the commission for closure.

Case #1505 is with regard to an EMT who was arrested on a misdemeanor charge improper sewer discharge of water pollutant into the ground. This arrest does not fall under the applicable statutes and regulations of the Commission and was recommended for closure due to lack of prosecutorial merit. The charge was de minimis and has no relation to the EMTs employment.

Case #1506 is an EMT was charged with offensively touching a 16 year old female. This did occur in one of the fire stations. That station immediately took action against that EMT and terminated them and turned it over to the commission office. The EMT was on probation for the offensive touching and the commission was in the process of taking action on this EMTs certification per agency statute and regulations. And EMT cannot remain certified while on probation. The Attorney General’s Office made contact with the probation officer and learned that the probation was released on April 22, 2015. The offensive touching does not fall under the charges of agency statute and regulations. Therefore, the EMT is not subject to discipline pursuant to 16 Del. C. §§ 6712(b)(2) and (c)(1). This matter is recommended for dismissal as moot.

Case #1508 is charged with shoplifting under $1500.00. It was determined that the EMT no longer holds an EMT certification or an ambulance driver. This matter is recommended for dismissal as moot.

Case #1405 is a case that was scheduled to come before the commission for a hearing and action because the EMT was on probation. The EMT has weapons possession charges by a person who is prohibited and mental health concerns. The EMT did not take the April, 2015 Protocol Exam which rendered their EMT certification void. In order to regain certification, a new application and criminal background check would be required and the current charges would prevent reentry into the system as an EMT. The EMTs record has been flagged if they should attempt to reenter the system, the commission office will be notified. This matter is recommended for dismissal as moot.


Report of the Investigator/Compliance Officer cont.

Mr. Truax recommended that the Commission close these four cases. The Commission had concern with Case #1506 due to the EMT not being held accountable for offensive touching, but only the probation.

It was moved by Commissioner Dicristofaro, seconded by Commissioner Marvel to close cases #1505, #1506, #1508 and #1405. Motion carried by a roll call vote.

Commissioner Dicristofaro - YesCommissioner Truitt - YesCommissioner Marvel - YesCommissioner Sharp - YesCommissioner Toulson - YesVice Chairman Robinson - YesChairman Roberts - Absent

REPORT OF DEPUTY ATTORNEY GENERAL

Deputy Attorney General Davis-Oliva will review the Fire Prevention Commission regulation updates under action items.

REGULAR BUSINESS

Action Items

Millville Volunteer Fire Co., Inc. Audit Extension Request

President Droney submitted correspondence to the Commission requesting an extension for submission of their annual audit. The request was made due to suspected fraud/theft by the former treasurer, the Millville Volunteer Fire Company, Inc. is not able to complete a financial review for the 2014 fiscal year. A forensic audit is to be completed by the office of the State Auditor of Delaware. Once this is complete, a copy of their audit report will be given to the Fire Prevention Commission.

It was moved by Commissioner Dicristofaro, seconded by Commissioner Truitt to approve the written extension request from Millville Volunteer Fire Co., Inc. Motion carried by a unanimous vote.


Water Ambulance Equipment List

The Commission reviewed a “Water Ambulance Inspection Form” submitted by Mr. Truax. The equipment list is the same as the ground based ambulance unit, with the deletion of numerous items. It was moved by Commissioner Dicristofaro, seconded by Commissioner Marvel to accept the amended water ambulance equipment list by removing the items in red as submitted. Motion carried by a roll call vote.


Wilmington Fire Department – Waiver Request

Because the Water Ambulance Equipment List was approved, the Wilmington Fire Department Waiver request is moot.

Ambulance Funding Reports

It was moved by Commissioner Marvel, seconded by Commissioner Dicristofaro to adopt the PCR reporting system as the method of accruing ambulance runs for the division of funds from the state traffic fines for the EMS service. The monies will be divided on a semi-annual basis with the run total on a quarterly basis with a 2 week submittal periods (runs for each quarter will be calculated April 15, July 15, October 15 and January 15 for the previous quarter) and funds will be paid to the EMS service on July 30. The starting bench mark will be all runs with 85% validation and runs submitted after April 15, July 15, October 15 and January 15 will be disregarded. This action will be added to commission regulations. Motion carried by a roll call vote.



Little Creek Volunteer Fire Company – Audit Submission

Little Creek Volunteer Fire Company’s annual audit submission was due June 15, 2015 and has not been submitted. No extension request has been made per regulation. It was moved by Commissioner Dicristofaro, seconded by Commissioner Sharp to send a Rule to Show Cause letter to Little Creek Volunteer Fire Company. Motion carried by a unanimous vote.

Regulation Update Review

Deputy Attorney General Davis-Oliva reviewed updates to State Fire Prevention Commission Regulations developed with State Fire Marshal Ingle. It was moved by Commissioner Dicristofaro, seconded by Commissioner Sharp to accept the updates as submitted and reviewed. They will be made public as proposed changes, a 30 day public comment time frame will be allotted and a public hearing will be scheduled. Then an additional 15 day public comment section will be opened. Once comments are collected, the regulation will be brought before the Commission for a motion. Motion carried by a unanimous vote.

NEW BUSINESS

No report at this time.

GENERAL INFORMATION


CORRESPONDENCE


MISCELLANEOUS INFORMATION



REPORT OF THE COMMISSIONERS

Chairman David J. Roberts

Chairman Roberts reported that he attended the Monthly Fire Prevention Commission Meeting, Sussex County Firefighter Association Meeting, New Castle County Firefighter Chiefs Meeting, numerous Legislative Committee Meetings, and New Castle County Firefighters Association Meeting.

Vice Chairman Alan F. Robinson, Jr.

Vice Chairman Robinson reported that he attended the Monthly Fire Prevention Commission Meeting, Citizens Hose Fire Company Meeting, Citizens Hose Fire Company Band Rehearsal, Citizens Hose Fire Company Board of Directors’ Meeting and Kent County Fire Chiefs’ Meeting.

Commissioner Ron Marvel

Commissioner Marvel reported that he attended the Monthly Fire Prevention Commission Meeting, Kent County Meeting, Seaford Volunteer Fire Dept. Meeting, OEMS Dover Meeting on PCR Reports, EMS Meeting Blades, Seaford Volunteer Fire Dept. Meeting, Legislative Hall, New Castle County Meeting and DVFA Executive Meeting.

DATE OF NEXT MEETING

July 21, 2015Commission ChamberDelaware Fire Service Center1463 Chestnut Grove RoadDover, DE 19904


ADJOURNMENT

It was moved by Commissioner Dicristofaro, and seconded by Commissioner Toulson that the meeting be adjourned. Motion carried by a unanimous vote. The meeting was adjourned at 10:44 a.m.

Respectfully submitted,

Sherry R. LambertsonSherry R. LambertsonExecutive Specialist

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