2012 -- S 2249 SUBSTITUTE A

=======

LC00920/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO HEALTH AND SAFETY - SAFETY AND HEALTH PROGRAMS FOR FIRE

DEPARTMENTS

     

     

     Introduced By: Senators Lanzi, DiPalma, Doyle, Pichardo, and Jabour

     Date Introduced: January 26, 2012

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 23-28.4-4, 23-28.4-5, 23-28.4-5.1 and 23-28.4-7 of the General

1-2

Laws in Chapter 23-28.4 entitled "Safety and Health Programs for Fire Departments" are hereby

1-3

amended to read as follows:

1-4

     23-28.4-4. General requirements. -- It is the intent of this chapter to ensure that NFPA

1-5

1500: Standard on Fire Department Occupational Safety and Health Program (1987 edition) is

1-6

adopted and adhered to by all applicable fire departments in the state. Any fire department may

1-7

comply with a more recent version of the NFPA 1500. Any fire department may petition the fire

1-8

safety code board of appeals and review for additional time, or a variance based upon other

1-9

hardship, pursuant to section 23-28.3-5.

1-10

     23-28.4-5. Implementation plan. -- Each applicable fire department in the state shall

1-11

formulate a written plan to implement the requirements of NFPA 1500 (1987 edition) or a

1-12

statement of compliance not more than one hundred twenty days (120) after July 10, 1990 by

1-13

January 1, 2013 which shall be updated annually and a copy shall be given to the director of labor

1-14

and training state fire marshal to be kept on file, and a copy shall be given to the bargaining agent

1-15

representing employees within the fire department. A copy of each applicable fire department's

1-16

NFPA 1500 implementation plan shall be forwarded by the department of labor and training state

1-17

fire marshal to the NFPA 1500 Implementation Plan Review Committee, as established pursuant

1-18

to section 23-28.4-5.1, within thirty (30) days after its receipt by the department of labor and

1-19

training state fire marshal. The plan shall identify each specific requirement of NFPA 1500 for

2-1

which the fire department currently complies and each specific requirement for which corrective

2-2

action must be initiated for compliance. The plan shall include a timetable for corrective action.

2-3

The written plan shall be made available for review by any fire department employee and/or

2-4

employee representative. Compliance for each specific requirement of NFPA 1500 shall be

2-5

accomplished not later than three (3) years after June 9, 1988 in a time frame as determined by

2-6

the NFPA 1500 Implementation Plan Review Committee. Decisions by the NFPA 1500

2-7

implementation plan review committee are appealable to the fire safety code board of appeals and

2-8

review for additional time, or a variance based upon other hardship, pursuant to section 23-28.3-

2-9

5. Volunteer departments are encouraged to work closely with the NFPA 1500 implementation

2-10

plan review committee and submit a plan for compliance with the NFPA 1500 (1987) or a

2-11

statement compliance.

2-12

     23-28.4-5.1. NFPA 1500 Implementation Plan Review Committee -- Creation and

2-13

membership. -- There is hereby created a NFPA 1500 Implementation Plan Review Committee

2-14

consisting of three (3) members: one (1) of whom shall be appointed by the Rhode Island League

2-15

of Cities and Towns, one (1) of whom shall be appointed by the Rhode Island State Association

2-16

of Fire Fighters, and one (1) of whom shall be appointed by the Rhode Island Fire Chiefs'

2-17

Association. The terms of all members shall be for four (4) years.

2-18

      The NFPA Implementation Plan Review Committee shall meet at the call of the

2-19

chairperson, but not less than bi-monthly to review the implementation plans as submitted by the

2-20

applicable fire departments pursuant to section 23-28.4-5. The Implementation Plan Review

2-21

Committee, after reviewing each fire department's implementation plan, shall make a report

2-22

available as to the progress of each applicable department's compliance or noncompliance with

2-23

NFPA 1500 by January 1, 2007.

2-24

     There is hereby created a NFPA 1500 implementation plan review committee consisting

2-25

of seven (7) members:

2-26

     (1) One of whom shall be appointed by the Rhode Island league of cities and towns,

2-27

whose first term shall be for three (3) years and four (4) years thereafter;

2-28

     (2) Two (2) of whom shall be appointed by the president of the Rhode Island state

2-29

association of firefighters, whose first term shall be for three (3) years and four (4) years

2-30

thereafter;

2-31

     (3) Two (2) of whom shall be appointed by the president of the Rhode Island fire chiefs’

2-32

association, one of whom shall represent a volunteer fire department and one of whom shall

2-33

represent a paid department, whose first terms shall be for three (3) years and four (4) years

2-34

thereafter.

3-1

     (4) One of whom shall be a member of the general public appointed by the senate

3-2

president; and

3-3

     (5) One of whom shall be a member of the general public appointed by the speaker of the

3-4

house.

3-5

     The chair shall be elected by the majority of the members. The terms of all members shall

3-6

be for four (4) years, unless otherwise noted above. At the expiration of their terms, members

3-7

shall remain and continue in their official capacity until a new member is appointed.

3-8

     The NFPA implementation plan review committee shall be provided with the report

3-9

issued to the general assembly dated December 2011 regarding this matter and, shall meet within

3-10

ninety (90) days of passage and meet bi-monthly thereafter to review the implementation plans as

3-11

submitted by the applicable fire departments pursuant to section 23-28.4-5. The implementation

3-12

plan review committee, after reviewing each fire department’s implementation plan, shall make a

3-13

report available as to the progress of each applicable department’s compliance or noncompliance

3-14

with NFPA 1500 by March 31, 2013 and annually thereafter.

3-15

     23-28.4-7. Responsibility for enforcement. -- The provisions of this chapter shall be

3-16

enforced by the director of labor and training state fire marshal.

3-17

     SECTION 2. This act shall take effect upon passage.

     

=======

LC00920/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - SAFETY AND HEALTH PROGRAMS FOR FIRE

DEPARTMENTS

***

4-1

     This act would require that fire departments comply with the 1987 version of the

4-2

standards on fire department occupational safety and health programs, and provide a written plan

4-3

of implementation to the state fire marshal by January 1, 2013.

4-4

     This act would also increase the composition of the NFPA Implementation Plan Review

4-5

Committee to seven (7) members.

4-6

     This act would take effect upon passage.

     

=======

LC00920/SUB A

=======

S2249A