January 18, 2017, Introduced by Rep. Kosowski and referred to the Committee on Education Reform.
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
conduct a fire drill each month during the school year 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 not less than once a
month,
then at least not fewer
than 5 fire drills shall must be
held
in the fall of each year and 3 fire drills shall must 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 must
be held by December 1 of the
school
year, and 2 shall must 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 must be
conducted
during March of the school year. These drills shall must
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. At least
during
the drills. Not fewer than 1 of these
drills shall must be
conducted
by December 1 of the school year, and at least not fewer
than
1 shall must be
conducted after January 1 of the school year,
with a reasonable spacing interval between each drill. A drill
conducted
under this subsection shall must
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. Not more than 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 not fewer
than 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 not more than 30 school days after the drill is
completed
and is maintained on the website for at least not less
than 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
must 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).(6).
(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 is not 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 not
more than 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 must 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.