STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PAUL G. GEIDE, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1682

) BILL GUNTER, AS STATE INSURANCE ) COMMISSIONER AND FIRE MARSHALL, )

)

Respondent. )

)

RECOMMENDED ORDER

PURSUANT TO NOTICE, the Division of Administrative Hearings, by its duly designated Hearing Officer, WILLIAM B. THOMAS, held a public hearing in this case on December 10, 1980, in Fort Lauderdale, Florida. The parties were represented by:

APPEARANCES

For Petitioner: Andrea L. Wolfson, Esquire

Legal Aid Service of Broward County, Inc. 609 South Andrews Avenue

Fort Lauderdale, Florida 33301

For Respondent: Patrick F. Maroney, Esquire

Department of Insurance Room 428-A, Larson Building Tallahassee, Florida 32301

This case was referred to this Division for hearing on the Respondent's denial of the Petitioner's application for certification as a firefighter, pursuant to Chapter 633, Florida Statutes. The issue presented for resolution is whether the Petitioner is qualified physically to be certified as a firefighter.

FINDINGS OF FACT

1. The petitioner, Paul G. Geide, is employed on a full-time basis as Captain of the West Hollywood Lakes fire department. This position requires certification by the State that the incumbent is qualified as a firefighter. Mr. Geide has worked in various capacities associated with fire-fighting in

   Hollywood Lakes since he left New York in 1973. He satisfactorily completed the

   200 hour minimum training course administered by the State, but certification as a firefighter was denied, based on the results of his physical examination.

   
   

2. The medical evidence presented by the Respondent is uncontroverted. Mr. Geide has early aortic valve disease of the heart, which causes leakage of blood backward from the aorta into the heart chamber. He also has conduction defects such as first degree atrioventricular block and right bundle branch

   block, and minor aortic stenosis, associated with valvular heart disease. Although Mr. Geide has engaged in firefighting activities for years without ill effect, and may continue to perform supervisory duties, his heart condition makes him more likely to incur physical disability than if no such condition existed. He should avoid strenuous physical activity, and it is not in his best interests, medically, nor in the safety interests of the public, that he engage in actual firefighting activities.

   
   

3. The Petitioner presented a representative from the fire control unit of the State Division of Forestry, who has worked with Mr. Geide while fighting fires. Mr. Geide has always performed in a completely satisfactory manner when engaged in these activities. However, the firefighting work observed by this witness is limited to brush fires, not generally involving stresses such as carrying people from burning buildings. Evidence was also presented establishing the Petitioner's ability to pass an agility test in October, 1978.

   
   

4. Nevertheless, the Petitioner fails to meet the minimum physical qualifications established for certification as a firefighter. Although Mr. Geide might perform in a satisfactory manner, his heart condition makes the performance of strenuous fire fighting duties by him potentially dangerous both for himself and for the public generally.

   
   

   CONCLUSIONS OF LAW

   
   

5. The authority of the Respondent to establish uniform minimum standards for the employment of firefighters is derived from Sections 633.45(1)(a) and (2)(a), Florida Statutes, and Chapter 4A-37, Florida Administrative Code. In addition, Section 633.34(5), Florida Statutes, requires that any person initially employed as a firefighter must be in good physical condition "as determined by a medical examination as prescribed by the division".

   
   

6. Pursuant to this authority and the requirement of the statute, the Division promulgated Chapter 4A-37.05, Florida Administrative Code, which sets forth qualifications for employment as a firefighter. This rule provides that prior to initial employment an applicant shall be given a thorough medical examination for the purpose of detecting the presence of deficiencies or abnormalities that could reasonably be expected to limit the ability to satisfactorily and safely perform duties associated with firefighting, and/or predispose the applicant to injury or disability.

   
   

7. The medical tests required for compliance are those published by the National Fire Protection Association in its pamphlet entitled, "Fire Fighter Professional Qualifications", 1974 Edition, Section 2-2, "Medical Requirements for Fire Department Candidates," pages 1001-8 through 1001-35. Chapter 4A- 37.05(3), Florida Administrative Code. Applicants who fail to satisfy the minimum requirements so prescribed are not qualified for employment.

   
   

8. One of the causes for the rejection of an applicant is organic valvular disease of the heart. [Section 2-2.10.1 (a) Heart] . Another is electrocardiographic evidence of major arrhythmias sore as conduction defects (first degree atrioventricular block and right bundle branch block. [Section 2- 2.10.1(c)(2)]. The medical evidence establishes that the Petitioner's physical condition fails to meet the proscribed minimum standards. Consequently, the Petitioner is not qualified for certification as a firefighter.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner's application for certification as a

firefighter in the State of Florida be denied.

THIS RECOMMENDED ORDER entered on this 13th day of February, 1981.

WILLIAM B. THOMAS

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 13th day of February, 1981.

COPIES FURNISHED:

Andrea L. Wolfson, Esquire Legal Aid Service of Broward County, Inc.

609 South Andrews Avenue

Fort Lauderdale, Florida 33301

Patrick F. Maroney, Esquire Department of Insurance Room 428-A, Larson Building Tallahassee, Florida 32301

Docket for Case No: 80-001682

Orders for Case No: 80-001682