SB-1142, As Passed Senate, December 11, 2014

SUBSTITUTE FOR

SENATE BILL NO. 1142

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.

(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.

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.

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.

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