HB-4460, As Passed House, December 7, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4460

     A bill to amend 1941 PA 207, entitled

"Fire prevention code,"

by amending the title and section 19 (MCL 29.19), the title as

amended by 1984 PA 314 and section 19 as amended by 1998 PA 45.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to provide for the prevention of fires and the

protection of persons and property from exposure to the dangers of

fire or explosion; to authorize the investigation of fires and the

discovery of crime or other offenses in relation thereto; to

require the razing, repair, or alteration of buildings, and the

clearing and improvement of premises which constitute a fire hazard

or a menace to the peace, security, or safety of persons or

property; to control the construction, use, and occupancy of  those

buildings and premises  for  in relation to safety, including fire

safety;  purposes; to provide for the certification of fire

inspectors and the delegation of certain powers to those certified

fire inspectors; to provide for the regulation of the storage and

transportation of hazardous material; to provide for the issuance

of certificates; to prohibit the use of certain fire extinguishers

and fire extinguishing agents; to provide immunity from liability

for certain persons; to provide for the administration of this act

and prescribe procedure for the enforcement of its provisions; to

fix penalties for violation of this act; to provide for the

promulgation of rules; to provide for the assessment of fees; and

to repeal  certain acts and parts of acts.

     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  keep all

doors and exits unlocked  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

dormitory shall comply with these requirements and keep a record of

the drills.

     (2) A minimum of  8  6 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  4 fire drills shall be held

in the fall of each year and  3  2 fire drills shall be held during

the remaining part of the school year.

     (3) A minimum of 2 tornado safety drills is required for each

school year at the schools and facilities described in subsection

(1). These drills shall be conducted for the purpose of preventing

fires and related hazards and injuries caused by severe weather.

     (4) A minimum of 2 drills in which the occupants are

restricted to the interior of the building and the building secured

is required for each school year at the schools and facilities

described in subsection (1). 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 an armed individual on or near the premises. The drill

shall be conducted in coordination with the local emergency

management coordinator appointed under section 9 of the emergency

management act, 1976 PA 390, MCL 30.409, and consistently with

applicable federal, state, and local emergency operations plans.

The governing body of a school, college, or university or the owner

of a school dormitory shall seek input from the administration of

the school, college, or university, as applicable, on the nature of

the drills to be conducted under this subsection.

(5)  (4) The state fire marshal or the chief of the fire

department or a fire fighter 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.

     (6) The department of state police emergency management

division shall develop a model for a school, college, university,

or owner of a school dormitory to use in conducting, and a local

emergency management coordinator in coordinating, a drill under

subsection (4).