Bill Text: MI SB1142 | 2013-2014 | 97th Legislature | Enrolled


Bill Title: Fire; other; standards for fire drills; modify for colleges and universities. Amends sec. 19 of 1941 PA 207 (MCL 29.19) & adds sec. 19a.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-12-31 - Assigned Pa 0481'14 [SB1142 Detail]

Download: Michigan-2013-SB1142-Enrolled.html

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Senator Jansen

ENROLLED SENATE BILL No. 1142

AN ACT to amend 1941 PA 207, entitled “An act to provide for the prevention of fires and the protection of persons and property from exposure to the dangers of fire or explosion; to authorize the investigation of fires and the discovery of crime or other offenses in relation thereto; to require the razing, repair, or alteration of buildings, and the clearing and improvement of premises which constitute a fire hazard or a menace to the peace, security, or safety of persons or property; to control the construction, use, and occupancy of buildings and premises in relation to safety, including fire safety; to provide for the certification of fire inspectors and the delegation of certain powers to those certified fire inspectors; to provide for the regulation of the storage and transportation of hazardous material; to provide for the issuance of certificates; to prohibit the use of certain fire extinguishers and fire extinguishing agents; to provide immunity from liability for certain persons; to provide for the administration and enforcement of this act; to prescribe penalties; to provide for the promulgation of rules; to provide for the assessment of fees; and to repeal acts and parts of acts,” by amending section 19 (MCL 29.19), as amended by 2014 PA 12, and by adding section 19a.

The People of the State of Michigan enact:

Sec. 19. (1) The chief administrative officer and the teachers of all schools, including state supported schools, and the owner, or owner’s representative, of all school dormitories shall have a fire drill each month and ensure unrestricted emergency egress during school hours and when the school is open to the public. Each teacher in a school, including a state supported school, and the owner or owner’s representative of a school dormitory shall comply with these requirements and keep a record of the drills.

(2) Except as provided in subsection (3), a minimum of 8 fire drills is required for each school year. If weather conditions do not permit fire drills to be held at least once a month, then at least 5 fire drills shall be held in the fall of each year and 3 fire drills shall be held during the remaining part of the school year.

(3) A minimum of 5 fire drills is required for each school year for a school that operates any of grades kindergarten to 12. Three of the fire drills shall be held by December 1 of the school year, and 2 shall be held during the remaining part of the school year, with a reasonable spacing interval between each drill.

(4) A minimum of 2 tornado safety drills is required for each school year at the schools and facilities described in subsection (1). At least 1 of the tornado safety drills shall be conducted during March of the school year. These drills shall be conducted for the purpose of preventing injuries caused by severe weather.

(5) A minimum of 3 drills in which the occupants are restricted to the interior of the building and the building secured is required for each school year at a school that operates any of grades kindergarten to 12. At least 1 of these drills shall be conducted by December 1 of the school year, and at least 1 shall be conducted after January 1 of the school year, with a reasonable spacing interval between each drill. A drill conducted under this subsection shall include security measures that are appropriate to an emergency such as the release of a hazardous material or the presence of a potentially dangerous individual on or near the premises. The governing body of a school shall seek input from the administration of the school and local public safety officials on the nature of the drills to be conducted under this subsection.

(6) A school that operates any of grades kindergarten to 12 shall conduct at least 1 of the drills required by this section during a lunch or recess period, or at another time when a significant number of the students are gathered but not in the classroom.

(7) For a school that operates any of grades kindergarten to 12, the governing body of the school shall ensure that documentation of a completed school safety drill is posted on its website within 30 school days after the drill is completed and is maintained on the website for at least 3 years. For a school operated by a school district or intermediate school district, the documentation may be posted on the district website. The documentation posted on the website shall include at least all of the following:

(a) The name of the school.

(b) The school year of the drill.

(c) The date and time of the drill.

(d) The type of drill completed.

(e) The number of completed drills for that school year for each type of drill required under subsections (3) to (5).

(f) The signature of the school principal or his or her designee acknowledging the completion of the drill.

(g) The name of the individual in charge of conducting the drill, if other than the school principal.

(8) Not later than September 15 of each school year, the chief administrator of a school that operates any of grades kindergarten to 12, or his or her designee, shall provide a list of the scheduled drill days for the school buildings operated by the school, school district, intermediate school district, or public school academy to the county emergency management coordinator appointed under section 9 of the emergency management act, 1976 PA 390, MCL 30.409. A scheduled drill that is not conducted on a scheduled drill day due to conditions not within the control of school authorities, such as severe storms, fires, epidemics, utility power unavailability, water or sewer failure, or health conditions as defined by the city, county, or state health authorities, will not result in a violation of this section as long as the school conducts the minimum number of drills required under subsections (3), (4), and (5), the school reschedules the drill to occur within 10 school days after the scheduled date of the canceled drill, and the chief administrator notifies the county emergency management coordinator of the rescheduled date for the drill. The county emergency management coordinator shall provide this information to the appropriate local emergency management coordinator appointed under that section, if any, and, consistent with applicable federal, state, and local emergency operations plans, to the department of state police district coordinator and the county sheriff for the county or the chief of police or fire chief for the municipality where the school is located, or the designee of the sheriff, chief of police, or fire chief. The information provided under this subsection is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(9) A public school that operates any of grades kindergarten to 12 shall not conduct a drill required under this section at a time that would interfere with the conduct of a state-mandated assessment.

(10) The state fire marshal, a fire chief, or a firefighter in uniform acting under orders and directions of the fire chief may cause fire drills to be held in school houses, school dormitories, and other public buildings as the state fire marshal considers advisable. The state fire marshal may order the installation of other protective apparatus or equipment that conforms to recognized and approved modern practices.

(11) The department of state police emergency management and homeland security division shall develop a model to be used by a school in conducting a drill under subsection (5).

(12) The governing body of a school that operates any of grades kindergarten to 12 shall adopt and implement a cardiac emergency response plan for the school. The cardiac emergency response plan shall address and provide for at least all of the following:

(a) Use and regular maintenance of automated external defibrillators, if available.

(b) Activation of a cardiac emergency response team during an identified cardiac emergency.

(c) A plan for effective and efficient communication throughout the school campus.

(d) If the school includes grades 9 to 12, a training plan for the use of an automated external defibrillator and in cardiopulmonary resuscitation techniques.

(e) Incorporation and integration of the local emergency response system and emergency response agencies with the school’s plan.

(f) An annual review and evaluation of the cardiac emergency response plan.

(13) As used in this section:

(a) “School” does not include a postsecondary educational institution as defined in section 19a.

(b) “School dormitory” does not include a postsecondary educational institution dormitory as defined in section 19a.

Sec. 19a. (1) A postsecondary educational institution shall ensure that all instructional staff are trained in fire drill procedures before the beginning of each academic year.

(2) A postsecondary educational institution shall ensure unrestricted emergency egress from each postsecondary educational institution dormitory while students occupy the building and shall ensure that each postsecondary educational institution dormitory holds all of the following fire drills each year and keeps a record of those drills:

(a) One fire drill in the fall semester, held within 21 days after the start of classes in that semester.

(b) One fire drill in the spring semester.

(c) One fire drill in the summer semester, if the dormitory is occupied by students during that semester.

(3) A postsecondary educational institution shall hold at least 1 of the fire drills described in subsection (2)(a) or (b) while school is in session and between sunset and sunrise.

(4) A postsecondary educational institution shall prepare a record of each drill described in this section, on a form prescribed by the bureau. The institution shall retain these records and a record of all emergency procedures training completed by its staff and make those records available to the bureau on request.

(5) Beginning in 2016, on or before January 10 of each year, a postsecondary educational institution shall submit to the bureau, on a form prescribed by the bureau, a statement certifying that the institution complied with all of the requirements of this section and this act in the preceding calendar year.

(6) In addition to any other applicable penalties or remedies under this act, all of the following apply if a postsecondary educational institution violates this section:

(a) The institution is responsible for a civil fine of $500.00 for a first violation of this section and a civil fine of $1,000.00 for a second or subsequent violation. A civil fine collected under this subsection shall be paid to the general fund and credited to the bureau for the enforcement of this act.

(b) For a second or subsequent violation of this section, the bureau may require a mandatory inspection of the institution’s facilities and the preparation of a plan of action report by the bureau or its designee. The institution is responsible for payment of the bureau’s costs associated with an inspection and plan of action report, or $1,000.00, whichever is less.

(7) Beginning in 2016, on or before February 15 of each year, the bureau shall submit a report to the speaker of the house of representatives, the senate majority leader, the house and senate appropriations committees, the house and senate appropriations subcommittees on higher education and joint capital outlay, and the department of licensing and regulatory affairs that describes each violation of this section by a postsecondary educational institution in the preceding state fiscal year.

(8) As used in this section:

(a) “Fall semester” means the semester in which the majority of scheduled classes are between September 1 and December 31.

(b) “Postsecondary educational institution” means a degree- or certificate-granting public or private college or university, junior college, or community college that is located in this state. The term includes the governing body of the postsecondary educational institution.

(c) “Postsecondary educational institution dormitory” means a building that is located on the campus of a postsecondary educational institution; is owned, leased, or managed by, or under the direct control of, the postsecondary educational institution; is used to provide housing for more than 16 individuals who are not members of the same family; and does not provide individual cooking facilities for its residents, whether or not meals are provided to any of those residents.

(d) “Spring semester” means the semester in which the majority of scheduled classes are between January 1 and May 31.

(e) “Summer semester” means the semester in which the majority of scheduled classes are between June 1 and August 31.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor