S-3.4, r. 1 - Regulation respecting the conditions governing the exercise of functions within a municipal fire safety service

Table of contents
Full text
chapter S-3.4, r. 1
Regulation respecting the conditions governing the exercise of functions within a municipal fire safety service
FIRE SAFETY — CONDITIONS GOVERNING THE EXERCISE OF FUNCTIONS
Fire Safety Act
(chapter S-3.4, s. 38).
S-3.4
September 1 2012
CHAPTER I
MANAGEMENT
1. A firefighter who manages a fire safety service must hold
(1)  an Officier non urbain certificate awarded by the École nationale des pompiers du Québec if the fire safety service of which the firefighter is a member serves a population of fewer than 5,000 persons;
(2)  an Officier I certificate awarded by the school if the fire safety service of which the firefighter is a member serves a population of 5,000 persons or more and of fewer than 25,000 persons; or
(3)  an Officier II certificate awarded by the school if the fire safety service of which the firefighter is a member serves a population of 25,000 persons or more.
Despite the first paragraph, a firefighter may hold that function while obtaining the required officer certification provided that the training period does not exceed 48 consecutive months following the date on which the firefighter begins to hold the function requiring Officier non urbain or Officier I certification, or 24 months in the case of Officier II certification.
O.C. 431-2004, s. 1.
CHAPTER II
FIRE PREVENTION
2. A person who acts as a fire prevention inspector, namely a firefighter hired to work in a fire safety service and whose main duties relate to detecting fire hazards and inspecting plans and specifications to ensure they comply with fire safety regulation, must hold an attestation of college studies (Prévention en sécurité incendie), a diploma of college studies (Prévention en sécurité incendie), an undergraduate studies certificate (Technologie en prévention des incendies) or a vocational studies diploma (Prévention des incendies) awarded by the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie or its equivalent recognized by the Minister of Higher Education, Research, Science and Technology.
O.C. 431-2004, s. 2; S.Q. 2013, c. 28, s. 204.
CHAPTER III
EMERGENCY RESPONSE
DIVISION I
BASIC FIREFIGHTER TRAINING
3. A firefighter in charge of rescue response or fire suppression must hold
(1)  a vocational studies diploma (Intervention en sécurité incendie) or an attestation of vocational specialization (Intervention en cas d’incendie) awarded by the Minister of Education, Recreation and Sports or its equivalent recognized by the Minister of Education, Recreation and Sports;
(2)  a Pompier I certificate awarded by the school if the fire safety service of which the firefighter is a member serves a population of fewer than 25,000 persons; or
(3)  a Pompier II certificate awarded by the school if the fire safety service of which the firefighter is a member serves a population of 25,000 to 200,000 persons.
Despite the first paragraph, a person may act as an apprentice firefighter under the supervision of a qualified firefighter while obtaining the required certification provided that the training period does not exceed 48 consecutive months following the date of hiring, except if the fire safety service of which the person is a member serves a population of more than 200,000 persons.
O.C. 431-2004, s. 3.
DIVISION II
SPECIALIZED TRAINING
4. A firefighter who operates a pumper must hold an Opérateur d’autopompe certificate awarded by the school, except if the firefighter has successfully completed the training referred to in subparagraph 1 of the first paragraph of section 3.
O.C. 431-2004, s. 4.
5. A firefighter who operates an elevating device must hold an Opérateur de véhicule d’élévation certificate awarded by the school, except if the firefighter has successfully completed the training referred to in subparagraph 1 of the first paragraph of section 3.
O.C. 431-2004, s. 5.
6. A firefighter who performs extrications must hold a Désincarcération certificate awarded by the school, except if the firefighter has successfully completed the training referred to in subparagraph 1 of the first paragraph of section 3.
O.C. 431-2004, s. 6.
7. A firefighter who determines the causes and circumstances of fires must hold a Recherche des causes et des circonstances d’un incendie certificate awarded by the school.
O.C. 431-2004, s. 7.
CHAPTER IV
EMERGENCY MANAGEMENT
DIVISION I
BASIC OFFICER TRAINING
8. A firefighter who acts as an officer in charge of response management, namely a firefighter who supervises and directs the work of firefighters at a fire scene, must hold
(1)  an Officier I certificate awarded by the school; or
(2)  an Officier non urbain certificate awarded by the school if the fire safety service of which the firefighter is a member serves a population of fewer than 5,000 persons.
Despite the first paragraph, a firefighter may hold that function while obtaining the required officer certification provided that the training period does not exceed 48 consecutive months following the date on which the firefighter begins to hold the function requiring Officier I or Officier non urbain certification, except if the fire safety service of which the firefighter is a member serves a population of more than 200,000 persons.
O.C. 431-2004, s. 8.
DIVISION II
ADVANCED TRAINING FOR CHIEF OFFICERS
9. A firefighter whose main duty is to supervise and direct the work of other officers must hold
(1)  an Officier non urbain certificate awarded by the school if the fire safety service of which the firefighter is a member serves a population of fewer than 5,000 persons;
(2)  an Officier I certificate awarded by the school if the fire safety service of which the firefighter is a member serves a population of 5,000 persons or more and of fewer than 25,000 persons; or
(3)  an Officier II certificate awarded by the school if the fire safety service of which the firefighter is a member serves a population of 25,000 persons or more.
Despite the first paragraph, a firefighter may hold that function while obtaining the required officer certification provided that the training period does not exceed 48 consecutive months following the date on which the firefighter begins to hold the function requiring Officier non urbain or Officier I certification, or 24 months in the case of Officier II certification.
O.C. 431-2004, s. 9.
CHAPTER V
TRANSITIONAL, INTERPRETATIVE AND FINAL
10. Persons who, on 1 September 2005, have successfully completed
(1)  the first 9 modules of the vocational studies diploma (Intervention en sécurité incendie) are deemed to be holders of a Pompier I certificate and an Opérateur d’autopompe certificate awarded by the school;
(2)  the courses in the Gérer l’intervention profile forming part of the Gestionnaire en sécurité incendie attestation of college studies awarded by the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie are deemed to be holders of an Officier I certificate awarded by the school;
(3)  the Gestionnaire en sécurité incendie attestation of college studies awarded by the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie are deemed to be holders of an Officier II certificate awarded by the school;
(4)  module Number 6 entitled Matériel d’intervention relatif à l’eau forming part of the Intervention en sécurité incendie vocational studies diploma are deemed to be holders of an Opérateur d’autopompe certificate awarded by the school;
(5)  module Number 15 entitled Véhicules d’élévation forming part of the Intervention en sécurité incendie vocational studies diploma are deemed to be holders of an Opérateur de véhicule d’élévation certificate awarded by the school;
(6)  module Number 24 entitled Incendies et accidents de véhicules forming part of the Intervention en sécurité incendie vocational studies diploma are deemed to be holders of a Désincarcération certificate awarded by the school; or
(7)  the course entitled Recherche de causes et de circonstances d’un incendie in the Gérer l’intervention profile forming part of the Gestionnaire en sécurité incendie attestation of college studies are deemed to be holders of a Recherche des causes et des circonstances d’un incendie certificate awarded by the school.
O.C. 431-2004, s. 10; S.Q. 2013, c. 28, s. 204.
11. As long as they do not change employment, the following persons may continue to exercise the same functions within a fire safety service without having to meet the new conditions prescribed by this Regulation:
(1)  firefighters who, on 16 September 1998, held the function of director and managed a fire safety service;
(2)  persons who, on that date, held the function of fire prevention inspector, namely firefighters hired to work in a fire safety service and whose main duties related to detecting fire hazards and inspecting plans and specifications to ensure they complied with fire safety regulation;
(3)  persons who, on that date, held the function of firefighter, namely persons in charge of rescue response or fire suppression;
(4)  persons who, on that date, were on the eligibility list of a local municipality for the hiring of full-time firefighters and who were hired for such a position by the municipality that drew up the list;
(5)  firefighters who, on that date, performed the duties referred to in Division II of Chapter III of this Regulation;
(6)  firefighters who, on that date, held the function of officer in charge of response management, namely firefighters supervising and directing the work of firefighters at a fire scene; and
(7)  firefighters who, on that date, held the function of chief officer, namely firefighters whose main duty was to supervise and direct the work of other officers.
Firefighters who were members of a fire safety service that was the subject of an amalgamation, regrouping or integration after 16 September 1998 are deemed not to have changed employment for the purposes of this section.
O.C. 431-2004, s. 11.
12. A firefighter who acts as director and manages a fire safety service and who began to hold that function between 17 September 1998 and 31 August 2006 has 48 months from 1 September 2006 to obtain an Officier non urbain, Officier I or Officier II certificate in accordance with the requirements of section 1 of this Regulation.
A firefighter in charge of rescue response or fire suppression in a fire safety service who began to hold that function between 17 September 1998 and 31 August 2004 has 48 months from 1 September 2004 to obtain a Pompier I or Pompier II certificate and 24 months to obtain an Intervention en sécurité incendie vocational studies diploma in accordance with the requirements of section 3 of this Regulation.
A firefighter who acts as an officer in charge of response management, namely a firefighter who supervises and directs the work of firefighters at a fire scene and who began to hold that function between 17 September 1998 and 31 August 2006 has 48 months from 1 September 2006 to obtain an Officier I or Officier non urbain certificate in accordance with the requirements of section 8 of this Regulation.
A firefighter who acts as chief officer whose main duty is to supervise and direct the work of other officers and who began to hold that function between 17 September 1998 and 31 August 2006 has 48 months from 1 September 2006 to obtain an Officier non urbain, Officier I or Officier II certificate in accordance with the requirements of section 9 of this Regulation.
O.C. 431-2004, s. 12.
13. For the purposes of this Regulation, the population served by a fire safety service is considered to be the population of the local municipality having the largest population if two or more local municipalities are served by the fire safety service.
O.C. 431-2004, s. 13.
14. A firefighter who is a member of a fire safety service serving a population that has increased so that its service is subject to additional training requirements has 24 months to comply with the new requirements from the date of the Order in Council determining the population, made in accordance with section 29 of the Act respecting municipal territorial organization (chapter O-9).
O.C. 431-2004, s. 14.
15. This Regulation revokes the Regulation respecting the training of members of fire departments (O.C. 1083-98, 98-08-21).
O.C. 431-2004, s. 15.
16. (Omitted).
O.C. 431-2004, s. 16.
REFERENCES
O.C. 431-2004, 2004 G.O. 2, 1612
S.Q. 2013, c. 28, s. 204