DEPARTMENT OF MILITARY AFFAIRS

Division of Emergency Management

(Amendment)

 

      106 KAR 1:390. Search and rescue training requirements.

 

      RELATES TO: KRS 39F.040(3), 39F.050(3)(c), 39F.070(3)(c), 39F.120(8), 39F.200, 39F.210

      STATUTORY AUTHORITY: KRS 39A.050(2)(m), 39A.070(3), 39F.200, 39F.210

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 39F.200 and 39F.210 authorize the division to establish minimum training requirements for persons engaged in search and rescue activities. This administrative regulation establishes minimum training requirements for a general rescue squad, or a specialized rescue squad, and a local search and rescue coordinator.

 

      Section 1. Definition[Definitions]. "Successfully complete" means to attend or participate in search and rescue training and acquire and submit to a local director a copy of an instructor-provided training completion certificate or record.

 

      Section 2. Minimum training requirements for a local search and rescue coordinator, or a search dog handler, shall be to successfully complete:

      (1) A twenty (20) hour division offered[or approved] search and rescue course or equivalent;

      (2) A twenty (20) hour division offered[or approved] search management course; and

      (3) An incident command or incident management system (ICS or IMS) training course[approved by the division] of at least eight (8) hours covering the eight (8) component elements of an incident command system or incident management system, to include practical application, and to include a search and rescue module.

 

      Section 3. The minimum training requirements for a single-handler rescue squad utilizing dogs and specializing in a search for lost, trapped, or missing persons shall be:

      (1) An incident command training course to the level of ICS 200; and

      (2) A twenty (20) hour division offered search and rescue course or equivalent.

 

      Section 4. Minimum training requirements for members of a rescue squad specializing in cave rescue shall be to successfully complete[the following]:

      (1) The National Cave Rescue Commission (NCRC) offered[and approved] Cave Rescue Orientation Course or its equivalent[approved by the division]; and

      (2) A National Cave Rescue Commission offered[and approved] Cave Operations and Management Seminar or its equivalent[approved by the division] for squad members who manage response to cave rescues.

 

      Section 5[4]. Minimum training requirements for members of a search and rescue squad specializing in search for lost, trapped, or missing persons shall be to successfully complete:

      (1) An incident command training course, to the level of ICS 200; and

      (2) A twenty (20) hour division offered search and rescue course or equivalent. This requirement shall apply to all rescue squads that utilize dogs, including a single-handler rescue squad as established in Section 3 of this administrative regulation[the requirements established in Section 2 of this administrative regulation].

 

      Section 6[5]. Minimum training requirements for members of a rescue squad specializing in dive rescue and recovery shall be:

      (1) Certification in open water by one (1) of the following nationally recognized organizations or equivalents:

      (a) International Diving Educators Association (IDEA);

      (b) Multinational Diving Educators Association (MDEA);

      (c) National Association of Underwater Instructors (NAUI);

      (d) National Association of SCUBA Diving Schools (NASDS);

      (e) National Association of SCUBA Instructors (NASI);

      (f) Professional Association of Diving Instructors (PADI);

      (g) Professional Diving Instructors Corporation (PDIC);

      (h) SCUBA Schools International (SSI);

      (i) United States Navy (USN);[.]

      (j) YMCA National SCUBA Program (YMCA); or

      (k) Dive Rescue International; and[.]

      (2) Annually, a minimum of ten (10) hours underwater training in rescue diving techniques developed and administered by the individual organization specializing in water rescue utilizing divers.

 

      Section 7[6]. A rescue squad specializing in urban search and rescue shall meet standards developed by the Federal Emergency Management Agency, Urban Search and Rescue Program, or equivalent[, approved by the division].

 

      Section 8[7]. The minimum training, testing, and certification requirements for[the] search dog evaluators, search dogs, and handlers shall be:

      (1) The handler shall be at least eighteen (18) years of age;[.]

      (2) Annual testing of search dogs[shall] include[but not be limited to] the following:

      (a) The dog shall demonstrate its ability to overcome obstacles;

      (b) The dog shall not be trained in attack methods;

      (c) The dog shall not show aggression to other dogs or individuals;

      (d) The dog shall obey verbal or nonverbal commands by the handler;

      (e) The dog shall give a recognizable found-victim indication or alert;

      (f) The dog shall demonstrate its obedience by performing a long-sit or down;

      (g) The dog shall be left in a sitting position and at the direction of the evaluator; the handler shall down his or her dog with a hand or voice signal;

      (h) During an open terrain search (air scenting) the handler and dog shall be given a minimum of one (1) hour to locate one (1) subject in fifteen (15) to twenty-five (25) acres of a forested area.[find a hidden subject;]

      1. The handler shall provide a search plan as well as a description of the dog's alert of finding the subject to the evaluators.

      2. The team shall pass all requirements.

      3. This test may be conducted day or night, depending on conditions; and

      (i) During a hasty search (air scenting), the team shall have a maximum of fifteen (15) minutes to perform this test.

      1.[,] The dog shall locate a victim within twenty (20) feet of a quarter-mile (1/4 mi.)[the] trail;

      2. The location of the subject shall be unknown to the handler;

      3. The handler shall provide a description of the dog's alert of finding the subject to the evaluators;

      4. The handler shall not leave the trail until the dog provides its alert.

      (3) Testing for tracking or trailing dogs[bloodhounds] shall consist of at least the following: (a) A trailing dog team shall successfully complete a four (4) hour old, one (1) mile long trail and establish the correct direction of travel within the first fifty (50) yards.

      1. The trail shall be in a contaminated area with more than two (2) turns with multiple cross tracks;

      2. The dog team shall be presented with a scent article such as a sock, shoe, hat, or jacket, in a clear plastic or paper bag located in a marked minimum four (4) foot square area. Both the square and the bag containing the scent article shall be identified so that both items can be matched;

      3. The trail layer shall have the matching identifying marking, material, or signage identifying the trail layer as the matching subject of the scent article bag that was presented to the dog team, ensuring that the dog team has located the correct subject;

      4. The dog team will have one (1) hour to complete this test;

      (b) Testing for tracking dogs shall consist of a minimum of three (3) to a maximum of five (5) of the following terrains:

      1. Field;

      2. Gravel;

      3. Leaves;

      4. Creek bed;

      5. Dirt;

      6. Concrete;

      7. Woods;

      8. Asphalt; and

      9. High grass; and

      (c) The track shall be a minimum of thirty (30) minutes and a maximum of one (1) hour old, with a minimum length of 700 yards and a maximum length of 900 yards.

      1. There shall be one (1) scent article placed along the track and the dog shall locate the article;

      2. The tracking team shall be given a starting point by the evaluator;

      3. There shall be one (1) cross track laid. This person shall remain in the area of the actual track, but at a distance of 200 yards from the actual track-layer. This cross-track may be laid prior to, or after, the actual track;

      4. There shall be a forty-five (45) minute time limit to complete the track;

      5. The team shall successfully pass this certification by locating the actual track-layer, locating the scent article placed along trail, and staying within 10 (ten) feet of the track;

      6. GPS (Global Positioning System) shall be used to determine track accuracy and distance;

      7. If it is obvious to the evaluator the dog is not tracking, the evaluator may stop the test;[three (3) scent trails shall be established, one (1) scent trail four (4) hours old, one (1) scent trail twelve (12) hours old, and one (1) scent trail twenty-four (24) hours old, identified by the evaluators at the time of the test.]

      (4) The following shall be the[are] minimum testing requirements for search dog handlers:

      (a) The handler and dog shall be compatible;

      (b) The handler shall be able to recognize when his or her dog is alerting on human scent;

      (c) The handler shall inform the evaluators of the characteristics of the dog’s alert; and

      (d) The handler shall demonstrate his or her ability to work and control the[their] dog;[.]

      (5) Testing of search dogs shall be conducted annually between August 1 and November 30;[.]

      (6) The organization, association, or handler shall submit a letter requesting to be tested to the Division of Emergency Management that contains[the following]:

      (a) [The]Full name of the organization, association or handler requesting to be tested;

      (b) [The]Address for correspondence with the organization, association, or handler requesting to be tested; and

      (c) [The]Name of the individual who shall serve as the point of contact for the organization, association, or handler requesting to be tested,[.]

      (7) If it is determined during the test by the search dog evaluator that a dog fails to alert on an obvious find or fails to meet the requirements as established[identified] in subsections (2) and (3) of this section, the handler and dog shall be given one (1) opportunity to retest the[their] dog during the same test date.

      (a) In the event of a retest, a different search dog evaluator shall be utilized for the retest;[.]

      (b) Search dog evaluators shall not evaluate any dog or handler from their organization, association, or group;[.]

      (c) If the dog or handler fails the retest, they may retest at the next annual testing date;[.]

      (8) Evaluators utilized for the conduct of all search dog tests shall be appointed by the state search and rescue coordinator from a list of individuals supplied by the search dog associations, organizations, or groups headquartered in Kentucky or individual search dog handlers residing in Kentucky.

      (a) A letter of recommendation for search dog evaluators from search dog organizations, associations, or groups, or individual search and rescue dog handlers for search dog evaluators shall be submitted annually to the search and rescue coordinator no later than 30 July;[.]

      (b) A search dog test evaluator shall have at least a minimum of five (5) years’ experience and have met all training requirements as established[identified] in Section 2 of this administrative regulation;[.]

      (9) An individual, agency, organization, or association, public or private, who provides or who advertises to provide search dogs for any search and rescue mission shall comply with Section 2 of this administrative regulation and subsections (2) and (3) of this section.

      (a) An individual, agency, organization, or association, public or private, who has not met the requirements of Section 2 of this administrative regulation and subsections (2) and (3) of this section shall be considered an "apprentice";[.]

      (b) The decision to utilize any "apprentice" dog handler or dog on a search mission shall be at the discretion of the county search and rescue coordinator;[.]

      1. If there is a state-certified dog handler on-scene, the county search and rescue coordinator shall consult with the state-certified dog handler prior to making any decision to utilize an apprentice dog or handler;[.]

      2. If there is more than one (1) state-certified dog handler on-scene, the county search and rescue coordinator only needs to consult with one (1) certified dog handler; and[.]

      (10) The certification length for a search dog handler who successfully meets all requirements shall be valid for two (2) years. The certification length for a search dog that meets all requirements shall be valid for two (2) years.

 

      Section 9[8]. Minimum training requirements for members of a rescue squad specializing in high angle rescue shall be to successfully complete[the following]:

      (1) A basic rope rescue course as taught by the Kentucky Community Technical and College System, State Fire Rescue Training Program or equivalent[as approved by the division];

      (2) An intermediate rope rescue course as taught by the Kentucky Community Technical and College System, State Fire Rescue Training Program or equivalent[as approved by the division], for those members responsible to perform extrication of both conscious and incapacitated patients, to establish and operate simple mechanical advantage systems, to control and direct the lowering of a packaged patient, to use ascenders to maintain mobility and control on rope, and to perform as a litter attendant and maintain mobility and control; and

      (3) An advanced rope rescue course as taught by the Kentucky Community Technical and College System, State Fire Rescue Training Program or equivalent[as approved by the division], for those members responsible to establish complex mechanical advantage systems, to perform rescue operations in limited light conditions, to operate rappel or lowering systems while using self-contained breathing apparatus or supplied air systems such as may be used in hazardous atmospheres, to establish and operate highline systems, and to establish and operate tripod and high directional systems.

 

      Section 10[9]. The role and training of rescue squad support personnel shall be the responsibility of the individual rescue squad and shall be identified in a locally-written guideline or procedure.

 

      Section 11[10]. Level of medical training for each rescue squad member shall be:

      (1) [Be]The responsibility of each rescue squad; and

      (2) [Be]Identified in a locally-written guideline or procedure.

 

      Section 12. Material Incorporated by Reference. (1) The following material is incorporated by reference:

      (a) "Federal Emergency Management Agency (FEMA) National Urban Search & Rescue (US&R) Response System Rescue Field Operations Guide (US&R-23-FG)", September 15, 2006; and

      (b) "Federal Emergency Management Agency (FEMA) National Urban Search & Rescue (US&R) Response System Field Operations Guide (US&R-2-FG)", September 25, 2003.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Military Affairs, Division of Emergency Management, 100 Minuteman Parkway, Boone National Guard Center, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

STEVEN P. BULLARD, Director, Administrative Services

      APPROVED BY AGENCY: November 22, 2017

      FILED WITH LRC: December 12, 2017 at 4 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 26, 2018, at 1 p.m., at 100 Minuteman Parkway, Boone National Guard Center, Frankfort, Kentucky 40601-6168 at the Emergency Operations Center in Room 202. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until January 31, 2018. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Mr. Steven P. Bullard, Director of Administrative Services, Office of Management and Administration, Department of Military Affairs. phone 502-607-1738, fax 502-607-1240, email steven.p.bullard.nfg@mail.mil.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Steven P. Bullard

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes minimum training requirements for persons engaged in search and rescue activities. This administrative regulation establishes minimum training requirements for a general rescue squad, or a specialized rescue squad, and a local search and rescue coordinator.

      (b) The necessity of this administrative regulation: This regulation is critical to provide guidance in the execution of this program pursuant to the basic law, specifically by identifying the minimum training requirements for a general rescue squad, or a specialized rescue squad, and a local search and rescue coordinator.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 39F.200 and 39F.210 authorize the division to promulgate administrative regulations establishing minimum training requirements for persons engaged in search and rescue activities, specifically the requirements for a general rescue squad, or a specialized rescue squad, and a local search and rescue coordinator.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation codifies in detail the minimum training requirements for persons engaged in search and rescue activities, specifically the requirements for a general rescue squad, or a specialized rescue squad, and a local search and rescue coordinator.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment removes outdated information and establishes technical updates to accurately define the current minimum training requirements for a general rescue squad, or a specialized rescue squad, and a local search and rescue coordinator.

      (b) The necessity of the amendment to this administrative regulation: This amendment was necessary to bring the administrative regulation up to date with current training practices. Members of the Commonwealth’s 114 state-affiliated rescue teams requested this update to allow them to incorporate new technology.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment brings the administrative regulation up to date with current training practices.

      (d) How the amendment will assist in the effective administration of the statues: This amendment brings the administrative regulation up to date with current training practices, providing for more effective response to public needs utilizing the most up-to-date procedures and equipment.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are 114 state-affiliated rescue teams across the Commonwealth. These teams exist under the authority of County Judge Executives and Emergency Management Directors. The Kentucky Revised Statutes require every county to have a Search and Rescue Coordinator (normally the Emergency Management Director, unless directed otherwise by the County Judge Executive). (KRS 39F.020 – Rescue squads may be formed and duly authorized to perform in the public interest. Authorization to operate within a jurisdiction may be granted by the chief elected official of each urban-county government, charter county government, county, or city which the squad proposes to serve. Rescue squads shall have a formal affiliation with the local disaster and emergency services organization. The statement of affiliation shall be renewed annually.)

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The state’s rescue squads will have to review this administrative regulation and use it as a guide to update their current training practices.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The primary cost of this requirement is staff time to comply with the new standards and manage the programs and equipment for each county, but we cannot directly define that cost. Overall program management costs vary from county to county. A general estimate of funding for all 114 teams in the Commonwealth would be approximately $1.3M – an average of $11,404 per team. Teams that perform Water Rescue and Recovery and High-Angle Rescue would have higher costs to purchase the required boats, motors, dive equipment, ropes, repelling gear, etc. than teams with less technical rescue requirements. The Commonwealth provides $80,000 annually under the Rescue Air Program to assist in funding Search and Rescue teams to meet the specific requirements established in the KRS. However, obviously the amount of requested grant funds far exceeds the amount provided by the Commonwealth to fund the grant requests. The KRS directs that state affiliated teams may not charge for their services. In addition to the grant program above (note that 27 teams requested a total of $330,000 in grants for State Fiscal Year 2018), they may conduct fund raising events to raise funds to support the purchase of equipment.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The administrative regulation establishes current training practices, providing for more effective response to public needs utilizing the most up-to-date procedures and equipment.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: As noted in (4)(b) above, a general estimate of funding for all 114 teams in the Commonwealth is approximately $1.3M – an average of $11,404 per team. Clearly there is staff time required to manage the programs and equipment for each county, but we cannot directly define that cost.

      (b) On a continuing basis: Annual staff time to monitor, maintain and acquire related equipment, apply for grants under the Rescue Air Program, and ensure training programs are up to date.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Funding is internal to each county. The Commonwealth provides $80,000 annually under the Rescue Air Program to assist in funding Search and Rescue teams to meet the specific requirements established in the KRS. The KRS directs that state affiliated teams may not charge for their services. In addition to the grant program above (note that 27 teams requested a total of $330,000 in grants for State Fiscal Year 2018), they may conduct fund raising events to raise funds to support the purchase of equipment.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change, if it is an amendment: No increase is required or intended.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: No fees or fee increases are established.

      (9) TIERING: Is tiering applied? Tiering was not used. The regulations will not reduce or modify substantive regulatory requirements, eliminate some requirements entirely, simplify or reduce reporting and recordkeeping requirements, reduce the frequency of inspections, provide exemptions from inspections or other compliance activities, or delay compliance timetables.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Department of Military Affairs, which administers the Rescue Air Grant program, and the 114 state-affiliated rescue teams across the Commonwealth. These teams exist under the authority of County Judge Executives and Emergency Management Directors. The Kentucky Revised Statutes require every county to have a Search and Rescue Coordinator (normally the Emergency Management Director, unless directed otherwise by the County Judge Executive). (KRS 39F.020 – Rescue squads may be formed and duly authorized to perform in the public interest. Authorization to operate within a jurisdiction may be granted by the chief elected official of each urban-county government, charter county government, county, or city which the squad proposes to serve. Rescue squads shall have a formal affiliation with the local disaster and emergency services organization. The statement of affiliation shall be renewed annually.)

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 39A.050, 39A.070, 39F.200, 39F.210

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. A general estimate of funding for all 114 teams in the Commonwealth is approximately $1.3M – an average of $11,404 per team. Clearly there is staff time required to manage the training programs and equipment for each county, but we cannot directly define that cost.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No revenue will be generated.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No revenue will be generated.

      (c) How much will it cost to administer this program for the first year? A general estimate of funding for all 114 teams in the Commonwealth is approximately $1.3M – an average of $11,404 per team. Clearly there is staff time required to manage the programs and equipment for each county, but we cannot directly define that cost.

      (d) How much will it cost to administer this program for subsequent years? There is staff time required to manage the programs and equipment for each county, including equipment maintenance and purchase of replacement equipment, but we cannot directly define that cost, which will be highly variable by Search and Rescue team. Cost will be significantly less than the average start-up (initial acquisition) cost of $11,404.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): N/A

      Expenditures (+/-): Well under $10,000.

      Other Explanation: Annual costs will be highly variable by Search and Rescue team.