HB-4460, As Passed Senate, May 18, 2006

SENATE 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  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 6 fire drills is required for each school

year for a school that operates any of grades kindergarten to 12.

Four of the fire drills shall be held in the fall and 2 shall be

held during the remaining part of the school year.

(4)  (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.

     (5) 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 a school that operates any of

grades kindergarten to 12. 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, 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 and consistently with applicable federal,

state, and local emergency operations plans. The governing body of

a school shall seek input from the administration of the school on

the nature of the drills to be conducted under this subsection.

(6)  (4) The state fire marshal,  or the chief of the fire

department  a fire chief, or a  fire fighter  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.

     (7) The department of state police emergency management

division shall develop a model to be used by a school in

conducting, and by a local emergency management coordinator, county

sheriff, chief of police, fire chief, or designee of a sheriff,

chief of police, or fire chief in coordinating, a drill under

subsection (5).