HOUSE BILL No. 5555

April 13, 2016, Introduced by Rep. Kosowski and referred to the Committee on Education.

 

     A bill to amend 1941 PA 207, entitled

 

"Fire prevention code,"

 

by amending section 19 (MCL 29.19), as amended by 2014 PA 481.

 

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 The governing body of a school that operates

 

any of grades kindergarten to 12 shall ensure that not fewer than 3

 

drills in which the occupants of the school building are restricted

 

to the interior of the school building are conducted and that the

 

school building is secured is required for each school year at a

 

school that operates any of grades kindergarten to 12. during the

 

drills. 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. Within 5 days after the conclusion

 

of a drill under this subsection, the governing body of a school

 

shall notify the department of state police that the drill has been

 

conducted.

 

     (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 shall not result in a violation of this section

 

as long as if 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,

 

section 9 of the emergency management act, 1976 PA 390, MCL 30.409,

 

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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.