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2018 Georgia Code 25-4-9 | Car Wreck Lawyer

TITLE 25 FIRE PROTECTION AND SAFETY

Section 4. Firefighter Standards and Training, 25-4-1 through 25-4-31.

ARTICLE 1 GENERAL PROVISIONS

25-4-9. Basic firefighter training course; transfer of certification.

    1. Except as otherwise provided in paragraph (2) of this subsection, full-time, part-time, and volunteer firefighters, including airport firefighters, shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training, including airport rescue firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter or, in the case of airport firefighters, within such time period as the council may prescribe by rule or regulation.
    2. Each firefighter who presents to the council satisfactory documentation, as determined by the council, of his or her training as a member of the United States armed forces, the Georgia National Guard, or the Georgia Air National Guard shall be issued a certificate of completion by the council.
  1. A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department.
  2. Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section.

(Ga. L. 1971, p. 693, § 8; Ga. L. 1985, p. 1493, § 4; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11; Ga. L. 2003, p. 888, § 8; Ga. L. 2005, p. 619, § 3/SB 308; Ga. L. 2018, p. 202, § 2/HB 699.)

The 2018 amendment, effective July 1, 2018, designated the existing provisions of subsection (a) as paragraph (a)(1); substituted "Except as otherwise provided in paragraph (2) of this subsection, full-time," for "Full-time," at the beginning of paragraph (a)(1); and added paragraph (a)(2).

JUDICIAL DECISIONS

Cited in Huff v. Dekalb County, 516 F.3d 1273 (11th Cir. 2008).

OPINIONS OF THE ATTORNEY GENERAL

Certification and training of federally paid employees considered firefighters.

- Federally paid employees of a fire department subject to this article who are considered "firefighters" by virtue of the nature of their duties and their status as "employees" must obtain certification under the Georgia Firefighter Standards and Training Act, (see now O.C.G.A. § 25-4-1 et seq.) including all required training even if the training covers activities which are not part of the employees' duties; employees who are not considered "firefighters" may acquire training, but cannot receive certification under the Act. 1977 Op. Att'y Gen. No. 77-44.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 11, 48 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 22, 210.

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