August 27, 2009, Introduced by Senators JANSEN, STAMAS and GEORGE and referred to the Committee on Appropriations.
A bill to prescribe standards for municipal fire departments
and their service personnel, equipment, and operation; to prescribe
standards for training and for the construction, care, and use of
equipment; to establish the safeguards to be furnished and
maintenance required; to establish duties for certain state
departments and agencies; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"municipal fire safety standards act".
Sec. 3. As used in this act:
(a) "Aerial apparatus" means a fire department vehicle that is
equipped with a hydraulically operated extension ladder or
elevating platform used for rescue, ventilation, elevated master
streams, and gaining access to upper levels and that carries ground
ladders, tools, and other equipment.
(b) "Bureau" means the bureau of fire services created in
section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b.
(c) "Employee" includes all fire service personnel.
(d) "Emergency operations" means fire or nonfire incidents,
including, but not limited to, rescues, extrications, hazardous
material release, and natural disasters, for which a fire
department response can be anticipated and that may subject fire
personnel to personal injury or hazards. Vegetative cover fires are
not emergency operations.
(e) "Exhaust emissions" means exhaust by-products of
combustion from internal combustion engines that are capable of
causing occupational illness or disease.
(f) "Fire apparatus" means mobile firefighting equipment,
including, but not limited to, pumper/engine, aerial apparatus,
tanker/tender, or any other similar equipment that has fire
suppression or rescue as its primary use. A vehicle not designed,
equipped, or utilized for emergency firefighting is not fire
apparatus.
(g) "Fire service personnel" means employees and volunteers
who are engaged in fire suppression, fire inspection, or fire
investigation or who are subjected to the hazards of emergency
operations.
Sec. 5. As used in this act:
(a) "Head protection" means a firefighter's helmet and hood.
(b) "Ladder pipe" means a large-capacity water delivery device
attached to an aerial ladder.
(c) "Operator's control station" means a work station where
the operator of apparatus, such as an aerial ladder or pumper, is
stationed.
(d) "Personal alert safety system" or "PASS" means a device
that senses movement or lack of movement, that automatically
activates an audible alarm signal, and that can also be manually
activated to alert and to assist others in locating a firefighter
or emergency services personnel who are in danger.
(e) "Protective ensemble" means multiple elements of clothing
and equipment designed to provide a degree of protection for
firefighters from adverse exposures to the inherent risks of
structural firefighting operations and certain other emergency
operations. The elements of the protective ensemble include coats,
trousers, coveralls, head protection, gloves, footwear, and
interface components.
(f) "Structural firefighting" means activities of rescue, fire
suppression, and property conservation in buildings, enclosed
structures, aircraft, vehicles, vessels, or like properties that
are involved in a fire or emergency situation.
(g) "Training" means the process of making firefighters
proficient through instruction and hands-on practice in the
operation and care of equipment that is expected to be used and in
the performance of assigned duties.
Sec. 7. A person who is functioning as a municipal firefighter
and who is exposed to the hazards of an emergency operation shall
comply with this act.
Sec. 9. The following national fire protection association
standards, available for review and purchase at the department of
energy, labor, and economic growth, bureau of fire services, are
adopted by reference:
(a) NFPA 1901: standard for "Automotive Fire Apparatus", 1999
edition.
(b) NFPA 1983: standard on "Fire Service Life Safety Rope and
System Components", 1995 edition.
(c) NFPA 1971: standard on "Protective Ensemble for Structural
Fire Fighting", 2000 edition.
(d) NFPA 1981: standard on "Open Circuit Self-contained
Breathing Apparatus for Fire Fighter", 1997 edition.
(e) NFPA 1982: standard on "Personal Alert Safety System
(PASS) for Fire Fighters", 1998 edition.
Sec. 11. (1) A municipal fire department shall comply with all
of the following requirements:
(a) Provide training to an employee commensurate with the
duties and functions that the employee is expected to perform. The
training shall be provided before the employee is permitted to
perform emergency operations.
(b) Assure that prospective fire service personnel are
physically fit and have the ability to perform assigned emergency
operations.
(c) Assure that job-required equipment and tools are
maintained free of recognized defects that could cause an injury.
(d) Develop a basic procedure that covers the treatment and
transport of injured employees from the emergency scene to a
medical facility.
(e) Provide in the workplace first aid supplies/kits
appropriate for the hazard history, to meet at least the minimal
recommendations as prescribed in the provisions of 29 CFR 1910.151.
(f) Ensure that all equipment and apparatus complies with, and
is used as required in, this act.
(2) A municipal fire department shall prepare and maintain a
statement or written policy that establishes its basic
organizational structure and establishes the type, amount, and
frequency of training to be provided to fire service personnel. The
organizational statement shall be available for inspection by the
state fire marshal or his or her authorized representative and by
an employee or his or her authorized representative.
Sec. 13. An employee of a municipal fire department shall
comply with all of the following requirements:
(a) Use personal protective equipment as prescribed by this
act.
(b) Report defective equipment, tools, and hazardous
conditions to a supervisor.
(c) Not remove safeguards from equipment except when necessary
to service. The safeguard or equivalent shall be replaced before
returning the equipment to operation.
(d) Not use equipment and tools unless trained in their use
and authorized to do so.
Sec. 15. A municipal fire department shall ensure that all of
the following requirements are met for a structure in which fire
service equipment is housed or where fire service personnel are
quartered:
(a) The area within 3 feet of a slide pole on all sides shall
be maintained free of any obstruction. A floor-to-ceiling wall
shall not be construed to be an obstruction.
(b) A cushioned mat, not less than 3 feet in diameter, shall
be located around the base of the slide pole at all times.
(c) A dormitory and any means of egress from the dormitory,
apparatus bay, and aisleways shall be equipped with an emergency
lighting system that is automatically activated in case of power
failure. The system may be operated by battery or generator.
(d) Switches and electrical equipment located in a shower or
other areas subject to hazards created by moisture shall be
approved for the location or removed to a nonhazardous area.
(e) All sleeping quarters shall be equipped with a smoke
detection device and a carbon monoxide detection device.
(f) Facilities that house fire apparatus shall be equipped
with a controlled process exhaust ventilation system that
effectively controls exhaust emissions created by the fire
apparatus and assures that employee exposure to the exhaust
emissions does not exceed applicable federal occupational safety
and health administration exposure limits. If a general mechanical
exhaust ventilation system is utilized, then a mechanical air
supply system shall be provided if its absence will result in
building negative pressures sufficient to cause backdrafting of
vents from fuel-fired equipment. For purposes of this subdivision,
"controlled process" means an arrangement of equipment to control
exhaust emissions using any of the following:
(i) A point of source capture of exhaust emissions by a
mechanical tailpipe exhaust ventilation system.
(ii) A general mechanical exhaust ventilation system in a fire
apparatus building bay or bays.
(iii) A device that is permanently installed directly on the
fire apparatus exhaust system.
(g) This section applies to all new facilities and to
facilities if 50% or more of the area is remodeled.
(h) All equipment used for the control of exhaust emissions
from fire apparatus shall be used, inspected, and maintained in
accordance with the manufacturer's recommendations.
Sec. 17. (1) Fire apparatus shall be able to stop within 30
feet after application of the brakes at 20 miles per hour.
(2) Fire apparatus shall be equipped with all of the following
items:
(a) Windshield wipers.
(b) Headlights, taillights, stoplights, and backup lights and
a backup alarm.
(c) Horn and siren.
(d) Slip-resistant steps, tallboard, and work platforms.
(e) Seat belts for all seated employees. Seat belts shall be
used while the apparatus is in motion.
(f) If a municipal fire department allows an employee to ride
the apparatus in an unseated position while the apparatus is in
motion, the fire department shall provide for, and enforce the use
of, a safety harness.
(3) New fire apparatus that is manufactured and purchased
after the effective date of this act shall meet the applicable
requirements of the national fire protection association standard
NFPA 1901: standard for "Automotive Fire Apparatus", 1999 edition,
which is adopted by reference in section 9.
(4) Fire apparatus using a tillerman or other employees riding
on the apparatus remote from the cab shall be equipped with a voice
communication system or audible signal system at each location of
an operating employee. When the audible system is used, all of the
following signals shall be in effect:
(a) One long blast means stop.
(b) Two short blasts mean forward.
(c) Three short blasts mean reverse.
(5) An operator of fire apparatus shall not move the equipment
when his or her vision is obstructed, except on instructions of a
designated signalperson.
(6) A minimum distance of 10 feet from energized equipment or
high-voltage transmission lines, as distinguished from low-voltage
secondary lines and series streetlight construction, shall be
maintained when using fire apparatus equipped with elevating
platforms, aerial ladders, or snorkels. The training of fire
service personnel shall include development of the ability to
recognize and identify primary, high-voltage transmission lines and
series street lighting construction.
Sec. 19. (1) A thorough visual inspection of the tread and
sidewall areas of fire apparatus tires for cuts, cracks, splits, or
bruises, including a tread depth measurement, shall be made at
least annually. A record of the inspection shall be maintained for
a minimum of 10 years.
(2) A tire shall be replaced if any of the following occur:
(a) The average tread depth is worn to 5/32 of an inch or
less.
(b) The tread depth at any 1 location is 2/32 of an inch or
less.
(c) A cut or crack exposes the cord fabric.
(3) A replacement tire shall meet or exceed the standards of
the original tire furnished with the apparatus.
(4) Fire apparatus tires and rims shall be inspected inside at
least once every 10 years.
(5) All breakdowns of fire apparatus tires shall comply with
29 CFR 1910.177.
Sec. 21. (1) When an aerial apparatus is used, parking brakes
shall be set and stabilizing jacks or outriggers and safety locks
shall be used. When needed, ground plates shall be used under the
jack or outriggers.
(2) An instructional information plate, which is clearly
visible to the operator, shall be located at the operator's control
station. If the aerial is equipped with a platform, then a plate
shall also be located at the work station where the rider of an
elevating platform is stationed. The plate shall contain all of the
following information:
(a) Rated capacity of the aerial tip or platform.
(b) Operating controls identified for motion.
(c) Cautions or restrictions of operation.
(3) An operator shall comply with all of the following
provisions:
(a) Remain at the primary control station when the aerial
ladder or platform is occupied.
(b) Not move the apparatus unless the ladder or platform is in
the bed of the apparatus.
(c) Maintain a minimum distance of 10 feet from energized
equipment or high-voltage lines as prescribed in section 17(6).
Sec. 23. (1) An aerial apparatus that is equipped with a
ladder shall not be extended or retracted while an employee is
positioned on the ladder.
(2) While working from an aerial apparatus, an employee shall
be secured with a safety belt system as referenced in the national
fire protection association standard NFPA 1983: standard on "Fire
Service Life Safety Rope and System Components", 1995 edition,
which is adopted by reference in section 9.
(3) The tip of the aerial ladder shall not be forcefully
extended against a solid object or used to support the ladder.
(4) The steps and rungs of an aerial apparatus shall have a
slip-resistant surface.
(5) Jacks, outriggers, and safety locks shall be used as
prescribed in section 21(1).
(6) The rated capacity for an aerial apparatus shall not be
exceeded.
(7) The operator of an aerial ladder shall comply with all of
the following provisions:
(a) Remain at the turntable when the ladder is occupied.
(b) Not move the apparatus unless the ladder is in the bed.
(8) The operator of an aerial ladder shall maintain a minimum
distance of 10 feet from energized equipment or high-voltage lines,
as prescribed in section 17(6).
(9) The controls for the operation of an aerial apparatus
shall be of a type that returns to a neutral position when
released.
(10) Tools or equipment shall not be mounted or installed on
the turntable.
(11) A 2-way voice communication system shall be provided
between the employee on the raised portion of the equipment and the
operator control station.
(12) Only the operator shall manually rotate the ladder when
it is occupied by an employee.
(13) Detachable ladder pipes shall be operated in the
direction the ladder is facing.
(14) Ladder pipes shall be secured to the ladder so that the
pipe cannot be accidentally dislodged while in operation.
(15) A municipal fire department shall follow the
manufacturer's instructions and recommendations for the use,
testing, and maintenance of aerial apparatus.
Sec. 25. (1) Except as otherwise prescribed by this act, a
portable ladder shall be constructed, used, and maintained as
prescribed in 29 CFR 1910.21 to 1910.30.
(2) The rung spacing shall be not less than 12 inches or more
than 16 inches.
(3) The rungs of a metal ladder shall have a slip-resistant
surface.
(4) For a ladder equipped with folding hooks, the hooks that
provide a means of anchoring the ladder to the roof ridge or other
roof part shall be capable of supporting a direct load of not less
than 500 pounds.
(5) Poles attached to the rails of the long extension ladders
to aid in the raising and supporting of the ladder or "tormenters"
shall be furnished on any wood ladder that extends more than 36
feet. The spikes on the poles shall not project beyond the end of
the ladder when nested. The locking pins on the poles shall be
securely attached to the ladders.
(6) Portable ladders that are more than 4 feet in height and
less than 7 feet in height that are mounted to the side of a fire
apparatus and have ends that extend beyond the ladder's mounting
surface or compartment shall be protected from contact.
Sec. 27. (1) A line-throwing gun shall:
(a) Be loaded just prior to firing time.
(b) Not be pointed, whether loaded or unloaded, at any person.
(c) Not be left unattended or stored while loaded.
(d) Be stored in a box with the cleaning kit and breakdown
tools.
(2) The storage box shall have the words "Explosive Tool"
conspicuously printed on the top of the box.
Sec. 29. All equipment shall be stored in or on the fire
apparatus in a safe manner.
Sec. 31. (1) A municipal fire department shall assure that all
emergency service personnel use personal protective equipment
appropriate for the exposure involved when performing emergency
operations.
(2) Personal protective equipment shall be provided by the
municipal fire department at no cost to the employee and shall
comply with the requirements of this act.
(3) Equipment that is ordered or purchased shall be in
compliance with the requirements of this act.
(4) A municipal fire department shall assure that personal
protective equipment protects the head, body, and extremities and
consists of at least all of the following components:
(a) Foot and leg protection.
(b) Hand protection.
(c) Body protection.
(d) Face, eye, and head protection.
(5) Personal protective equipment that is required by this act
to comply with the requirements of a nationally recognized standard
shall have 1 of the following:
(a) A label or other identifying mark of a nationally
recognized testing laboratory, such as underwriters laboratory,
inc., or factory mutual research corporation, that maintains a
periodic inspection of production of labeled equipment or materials
and by whose labeling compliance with nationally recognized
standards or tests to determine suitable usage in a specified
manner is indicated.
(b) Written certification by the manufacturer as being in
compliance with the applicable standard.
(6) Head protection and eye protection shall be provided for,
and used by, persons who ride in cabs or tiller seats that are not
enclosed.
(7) Personal protective equipment that is used by more than 1
employee shall be cleaned or sanitized before reassignment.
(8) Personal protective equipment shall be inspected by the
user after each use.
(9) A municipal fire department shall implement procedures for
inspecting and servicing personal protective equipment,
particularly following fires or other emergency usage. The
procedures the municipal fire department employs for the servicing,
such as product washing or other cleaning, shall comply with the
manufacturer's recommendations.
(10) A municipal fire department shall implement a procedure
for determining whether personal protective equipment shall be
repaired or replaced. All repairs shall be made in compliance with
the manufacturer's recommendations.
(11) Respiratory equipment devices shall be inspected by the
user after each use. Malfunctioning or damaged components or units
shall be repaired by the manufacturer or a person who is certified
by the manufacturer or shall be replaced.
Sec. 33. A municipal fire department shall provide both
protective coats and protective trousers, or a protective coverall,
to all employees who engage in or are exposed to fire hazards of
emergency operations. The protective coat, trouser, or coverall
shall meet the applicable requirements of the national fire
protection association standard NFPA 1971: standard on "Protective
Ensemble for Structural Fire Fighting", 2000 edition, which is
adopted by reference in section 9.
Sec. 35. (1) A municipal fire department shall do all of the
following:
(a) Provide primary head, face, and eye protection appropriate
for a given specific hazard to all employees exposed, or
potentially exposed, to the specific hazard. A municipal fire
department shall assess potential emergency operation scenes to
determine what hazards requiring head, face, and eye protection are
present, or likely to be present, and match the protective device
to the particular hazard. A municipal fire department shall have
and implement written operational procedures specific to the type
of hazard to which an employee may be exposed.
(b) Maintain head, face, and eye protection in a location of
readiness for immediate response to structural fires or other
emergency operations.
(c) Ensure that protective eye and face devices that comply
with the provisions of 29 CFR 1910.132 to 1910.133 are used by
emergency service personnel when performing operations where the
hazards of flying or falling materials that might cause eye and
face injuries are present.
(2) An employee who is engaged in structural firefighting
shall utilize the face protection provided by the helmet face
shield, or the breathing apparatus face piece with helmet, while
engaged in structural firefighting operations. A municipal fire
department shall provide helmets to all employees who engage in or
are exposed to the hazards of structural firefighting. The helmets
shall meet the requirements of the national fire protection
standard NFPA 1971: standard on "Protective Ensemble for Structural
Fire Fighting", 2000 edition, which is adopted by reference in
section 9.
(3) A municipal fire department shall provide protective hoods
to all employees who engage in or are exposed to fire hazards of
emergency operations. The protective hoods shall meet the
applicable requirements of the national fire protection association
standard NFPA 1971: standard on "Protective Ensemble for Structural
Fire Fighting", 2000 edition, which is adopted by reference in
section 9.
Sec. 37. A municipal fire department shall provide foot and
leg protection to all employees who engage in or are exposed to the
hazards of emergency operations. The foot and leg protection shall
meet the applicable requirements of the national fire protection
association standard NFPA 1971: standard on "Protective Ensemble
for Structural Fire Fighting", 2000 edition, which is adopted by
reference in section 9.
Sec. 39. A municipal fire department shall provide hand
protection to all employees who engage in or are exposed to the
hazards of emergency operations. The hand protection shall meet the
applicable requirements of the national fire protection association
standard NFPA 1971: standard on "Protective Ensemble for Structural
Fire Fighting", 2000 edition, which is adopted by reference in
section 9.
Sec. 41. (1) A municipal fire department shall have a written
respiratory protection program to address the safe use of
respirators in dangerous atmospheres that may be encountered in
emergency operations, in accordance with the provisions of 29 CFR
1910.134.
(2) A municipal fire department shall assure that self-
contained breathing apparatus for use by fire service personnel is
of the positive-pressure type. All breathing apparatus that is
purchased shall be in compliance with the national fire protection
association standard NFPA 1981, standard on "Open Circuit Self-
contained Breathing Apparatus for Fire Fighters", 1997 edition,
which is adopted by reference in section 9.
(3) Subsection (2) does not prohibit the use of a self-
contained breathing apparatus that can be switched from a demand
mode to a positive-pressure mode when an employee is performing
emergency operations.
Sec. 43. A municipal fire department shall comply with the
provisions of 29 CFR 1910.95 and the accompanying appendices.
Sec. 45. A municipal fire department shall provide a personal
alert safety system (PASS) device to each employee utilizing a
self-contained breathing apparatus while engaged in structural
firefighting operations and enforce the use of that device. PASS
devices shall meet the requirements of the national fire protection
association standard NFPA 1982: standard on "Personal Alert Safety
System (PASS) for Fire Fighters", 1998 edition, which is adopted by
reference in section 9.
Sec. 47. (1) An explosive device shall not be used in an
explosive or flammable atmosphere.
(2) A fire service that uses an explosive device shall develop
a procedure for protecting the employees and general public.
Sec. 49. (1) If a chain saw is used, it shall be specifically
designed for firefighting operations to cut holes in roofs, floors,
and walls shall be used where cutting operations are performed. If
a chain saw is not in use, then the cutting teeth of the chain saw
shall be covered to prevent inadvertent contact.
(2) An axe or other sharp-edged or pointed tool shall be
protected when stored or carried on the apparatus. A rounded-tipped
pike pole is excluded from the requirements of this subsection.
Sec. 51. Air-moving equipment exposed to flammable or
explosive fumes, dust, or vapors shall be powered by an explosion-
proof motor and labeled as such.
Sec. 53. (1) Each municipal fire department shall establish
and implement written procedures for emergency operations. The
written procedures shall include all of the following:
(a) A requirement that a nationally recognized incident
management system be implemented at each emergency.
(b) A requirement that a personnel accountability system be
implemented at each emergency.
(c) A statement that the procedures apply to all employees who
are operating at the emergency.
(d) A requirement for initial training and annual refresher
training in emergency operations and the incident management
system.
(e) A requirement that the procedures be in accordance with
the "2 employees in/2 employees out" rules found in the provisions
of 29 CFR 1910.134(g)(4).
(2) A trained employee shall function as the incident
commander at each emergency.
Sec. 55. (1) All of the following items on the fire apparatus
shall be inspected for proper operation and for defects at least
once a month:
(a) Windshield washers and wipers.
(b) Defroster and heater.
(c) Headlights, taillights, stoplights, backup lights, and
flasher lights.
(d) Backup alarm.
(e) Horn and siren.
(f) Slip-resistant steps and platforms.
(g) Tires, rims, and suspension system.
(h) Steering mechanism.
(i) Braking system.
(j) Operational controls.
(2) Inspection records and records of repair or replacement
shall be maintained for the life of the fire apparatus.
(3) Lifeline guns and explosive devices shall be cleaned and
made ready for operation after each use.
(4) Fire apparatus and equipment involved in an accident shall
be inspected by a licensed mechanic and tested before subsequent
use.
(5) All portable equipment that is carried on a fire apparatus
shall be inspected for operation and for defects at least monthly
and within 24 hours after any use. Inspection records shall be
maintained for portable equipment.
(6) All equipment that is carried on fire apparatus or that is
designated for training shall be tested at least annually in
accordance with manufacturers' instructions and applicable
standards.
(7) Firefighting apparatus and equipment that is found to be
defective or in unserviceable condition shall be removed from
service or repaired or replaced.
Sec. 57. (1) All life safety ropes, harnesses, and hardware
used by employees shall meet the requirements of the national fire
protection association standard NFPA 1983: standard on "Fire
Service Life Safety Rope and System Components", 1995 edition,
which is adopted by reference in section 9.
(2) During fall arrest or rappelling operations, an employee
shall ensure that life safety harnesses are used as specified in
the national fire protection association standard NFPA 1983:
standard on "Fire Service Life Safety Rope and System Components",
1995 edition, which is adopted by reference in section 9.
(3) Fiber ropes shall be inspected visually after each use for
all the following conditions:
(a) Externally for abrasions, cut or broken fibers, decay,
burns, lack of strength, softness, variation in size or roundness
of the strands, and mildew or mold.
(b) Internally annually, by separating the strands at 3-foot
intervals, for broken fibers, presence of grit, mildew or mold,
color change of the fibers, or powdering and short, loose fibers.
(4) A fiber rope that has any of the conditions described in
subsection (3)(a) or (b) shall be replaced or repaired.
(5) Synthetic rope shall be inspected visually after each use
for all of the following conditions:
(a) Abrasions.
(b) Cut or broken fibers.
(c) Burns.
(d) Melted fibers.
(e) Variations in the size or roundness of the strands.
(6) A synthetic rope that has any of the conditions specified
in subsection (5) shall be replaced or returned to the manufacturer
for repair.
Sec. 59. (1) A representative of the bureau may enter a
municipal fire department to physically inspect the municipal fire
department for compliance with this act at reasonable times upon
presenting appropriate credentials. The inspection shall be
conducted without unreasonably disrupting the municipal fire
department's operations.
(2) In conducting or preparing to conduct an inspection,
advance notice of the inspection shall not be given except in the
following situations:
(a) In cases of apparent imminent danger, to enable the
municipal fire department to abate the danger as quickly as
possible.
(b) In circumstances where the inspection can be conducted
most effectively after regular business hours or if special
preparations are necessary.
(c) If necessary to assure the presence of representatives of
the municipal fire department, representatives of fire department
employees, or the appropriate personnel needed to aid in the
inspection.
(d) If the bureau determines that advance notice would enhance
the probability of an effective and thorough inspection.
(3) Advance notice in any of the situations described in
subsection (2) shall not be given more than 24 hours before the
scheduled inspection, except in apparent imminent danger situations
and in other unusual circumstances.
(4) During an inspection, the bureau representative may
conduct tests and gather samples of materials and substances as
necessary to aid in evaluating the municipal fire department.
(5) After completing an inspection, the bureau shall afford
the municipal fire department and the employee or employee
representative an opportunity for a separate or joint conference,
as requested.
Sec. 61. (1) Municipal fire department personnel or an
employee representative who believes that a violation of the act
that threatens physical harm to municipal fire department personnel
exists may request an inspection by giving written notice of the
condition to the bureau. The notice shall set forth with reasonable
detail the grounds for the request and shall be signed by the
municipal fire department personnel or an employee representative.
Upon receipt of a notice, if the bureau determines there are
reasonable grounds indicating a violation, the bureau shall conduct
an inspection. The bureau shall provide a copy of the notice to the
municipal fire department not later than the time of the
inspection. Upon the request of the person giving the notice, his
or her name and the names of municipal fire department personnel
referred to in the notice shall not appear in the copy or on a
record which is published, released, or made available to persons
outside the bureau. If the bureau determines that reasonable
grounds for conducting an inspection do not exist, it shall give
written notice of its determination to the person that submitted
the original notice.
(2) If municipal fire department personnel or an employee
representative believes that a condition exists that may present an
imminent danger to a person, written notice is not required.
Municipal fire department personnel or an employee representative
may notify the bureau in the most expedient manner. Upon
notification of an alleged imminent danger, the bureau shall cause
an immediate inspection to be made or take other action that it
finds necessary to abate the danger.
(3) A municipal fire department shall not retaliate,
discriminate, or take any adverse employment action against
municipal fire department personnel or an employee's representative
because he or she filed a notice under this section or assisted in
an investigation under this act.
Sec. 63. (1) If, as the result of an inspection, the bureau
representative believes that a municipal fire department has
violated this act, he or she shall issue a citation within 90 days
after the completion of the inspection. The citation shall be in
writing and shall describe with particularity the nature of the
violation, including a reference to the provision of this act
alleged to have been violated. The citation shall state a
reasonable time by which the violation is to be abated. The
citation shall state on its face that it is an allegation of a
violation. The deadline for abatement shall be set with due regard
to the seriousness of the hazard and the difficulty of abating it.
The citation and the proposed fine, if any, shall be sent by
certified mail to the municipal fire department.
(2) The municipal fire department shall post a copy of the
citation at or near the place of the violation. The citation copy
shall remain posted at that site until compliance is achieved, but
not less than 3 working days.
(3) A municipal fire department that receives a citation shall
notify the bureau when it completes the abatement of the violation.
(4) If a municipal fire department fails to correct a
violation for which it received a citation within the prescribed
abatement period, the bureau shall notify the municipal fire
department by certified mail of that failure and of the proposed
penalty.
(5) If an inspection confirms that a violation of this act
exists, but that the conditions that constitute the violation have
no direct or immediate relationship to the safety or health of
workers, the bureau may issue a notice of violation in place of a
citation. The municipal fire department shall comply with the
requirements in the notice of violation.
(6) A citation for an alleged violation of this act shall be
vacated if the municipal fire department demonstrates that it has
provided appropriate equipment or training, educated employees
regarding use of the equipment or implementation of the training,
and taken reasonable steps, including, where appropriate,
disciplinary action, to assure that employees utilize the equipment
and comply with the training.
Sec. 65. (1) The bureau shall assess civil fines, considering
the size of the municipal fire department, the seriousness of the
violation, the good-faith efforts of the municipal fire department,
and the history of previous citations, and may establish a schedule
of civil fines.
(2) A civil fine assessed under this act shall be paid to the
bureau within 15 working days after the date the fine becomes
final. A civil fine shall be credited to the state general fund.
(3) If a civil fine remains unpaid beyond the period of time
specified in subsection (2), the bureau shall issue a letter to the
employer demanding payment within 20 days after the date of the
letter.
(4) If the fine remains unpaid following the period specified
in subsection (3), the bureau shall request that the attorney
general recover the amount of the fine remaining unpaid, after
offsets, by instituting a civil action in the circuit court for the
county in which the violation occurred.
Enacting section 1. The Michigan occupational safety and
health act, 1974 PA 154, MCL 408.1001 to 408.1094, is repealed
effective March 1, 2010.
Enacting section 2. This act takes effect March 1, 2010.