Bill Text: MI SB1142 | 2013-2014 | 97th Legislature | Introduced
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-Introduced.html
SENATE BILL No. 1142
November 12, 2014, Introduced by Senator JANSEN and referred to the Committee on Regulatory Reform.
A bill to amend 1941 PA 207, entitled
"Fire prevention code,"
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, colleges, and
universities
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, college, or university 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 school dormitory as
defined in section 19a.
Sec. 19a. (1) A postsecondary educational institution shall
ensure that all instructional staff are trained in fire drill and
tornado emergency procedures before the beginning of each academic
year.
(2) A postsecondary educational institution shall ensure that
each school dormitory holds 3 fire drills each year; keeps a record
of the drills; and ensures unrestricted emergency egress from the
school dormitory during school hours and when the building is open
to the public. The postsecondary educational institution shall hold
the fire drills described in this subsection during the following
periods:
(a) One in the fall semester, held within 21 days after the
start of classes in that semester.
(b) One in the spring semester.
(c) One in the summer 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) "School dormitory" means a building that is erected for,
and used as, a place for housing and boarding students and other
incidental purposes; is located on the campus of a postsecondary
educational institution; and is owned, leased, or managed by, or
under the direct control of, the postsecondary educational
institution.
(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.
