2013 -- H 5152 SUBSTITUTE A

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LC00596/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY

     

     

     Introduced By: Representatives Gallison, Azzinaro, Messier, Serpa, and Marshall

     Date Introduced: January 24, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-21-4 of the General Laws in Chapter 16-21 entitled "Health and

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Safety of Pupils" is hereby amended to read as follows:

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     16-21-4. Fire, evacuation and lockdown drills required -- Failure to comply. -- (a) It

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shall be the duty of the principal or other person in charge of every public school or private

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school, college, university, or postsecondary institutions or educational institution within the

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state, having more than twenty-five (25) pupils, to instruct and train the pupils by means of drills,

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so that they may in a sudden emergency be able to leave school buildings and dormitories

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residence facilities in the shortest possible time and without confusion or panic.

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     Notwithstanding other provisions of this section, in In all schools but colleges,

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universities, or postsecondary institutions buildings used for educational/or boarding purposes

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through the twelfth grade, there shall be fifteen (15) emergency evacuation drills or rapid

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dismissals during the school year, at least eight (8) of which shall be held from August through

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December during the months of September, October, and November. The remaining seven (7)

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emergency egress drills or rapid dismissals shall be held from January through June. At least one

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emergency egress drill shall be conducted every month the facility is in session. Within the first

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thirty (30) days of operation each building the school administration plans will be utilized by

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students during the school year shall conduct an additional emergency evacuation drill in addition

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to the monthly emergency evacuation drill. All building occupants shall participate in each

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required drill. At least one out of every four (4) emergency evacuation drills shall be obstructed

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by means of which at least one or more exits and stairways in the school building are blocked off

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or not used. at the discretion of the principal or person in charge of the school. At least one out of

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every four (4) emergency egress drills or rapid dismissals shall be obstructed by means of which

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at least one or more exits and stairways in the school building are blocked off or not used and at

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least two (2) of the obstructed drills shall be held during the months of September and October.

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There shall be two (2) evacuation drills and two (2) lockdown drills included among the fifteen

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(15) mandatory drills in each school year. Evacuation drills shall be designed and conducted for

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use when conditions outside the school building are safer than conditions inside the building.

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Lockdown drills shall be designed and conducted for use to protect school building occupants

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from potential dangers in the building.

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     (b)(1) In colleges, universities, postsecondary institutions, and residence facilities in

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public schools or private schools there shall be at least four (4) drills or rapid dismissals during

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the academic year for each school building or residence facility, at least two (2) of which shall be

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held between the months of September through December. The remaining two (2) drills shall be

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held between the months of January through June. Any college, university, or postsecondary

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institution that holds a summer session shall hold a drill or rapid dismissal during the first full

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week of the summer session.

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     (2) At least one drill or rapid dismissal shall be obstructed so that at least one or more

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exits or stairways in the school building or dormitory are blocked off or not used.

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     (c) For purposes of this section "residence facility" means dormitory, fraternity, sorority,

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or any other type of residence hall, whether on campus or off campus, owned or leased by a

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college, university, postsecondary institutions, public schools, or private school with

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accommodations for twenty (20) or more students.

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     (d) Notwithstanding other provisions of this section, fire drills shall be required in

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colleges or universities only for buildings which are used for a residence facility.

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     (e) Neglect by any principal or any person in charge of any public or private school or

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educational institution to comply with the provisions of this section shall be a misdemeanor

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punishable by a fine not exceeding five hundred dollars ($500).

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     (f) Written reports, on forms supplied by the department of elementary and secondary

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education, of each fire drill shall be completed immediately upon termination of every drill. The

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reports shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire

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authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a

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fire drill be conducted in his or her presence.

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     SECTION 2. Sections 23-28.12-15 and 23-28.12-36 of the General Laws in Chapter 23-

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28.12 entitled "Schools" are hereby amended to read as follows:

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     23-28.12-15. Fire alarm systems. -- (a) It shall be the duty of the principal or other

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person in charge of every public school or private school or educational institution within the

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state, having more than twenty-five (25) pupils, to instruct and train the pupils by means of drills,

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so that they may in a sudden emergency be able to leave the school building buildings and

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residence facilities in the shortest possible time and without confusion or panic. There shall be

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fifteen (15) such drills or rapid dismissals during the school year, at least eight (8) of which shall

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be held during the months of September, October, and November. The remaining seven (7) drills

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or rapid dismissals shall be held at the discretion of the principal or person in charge of the

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school. At least four (4) drills or rapid dismissals shall be obstructed, which means that one or

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more exits and stairways in the school building are blocked off or not used, and at least two (2) of

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these obstructed drills shall be held during the months of September and October.

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Notwithstanding any other provisions of this section, in all buildings used for educational or

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boarding purposes through the twelfth grade there shall be fifteen (15) emergency evacuation

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drills during the school year, at least eight (8) of which shall be held from August through

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December. The remaining seven (7) emergency evacuation drills shall be held from January

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through June. At least one emergency evacuation drill shall be conducted every month the facility

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is in session. Within the first thirty (30) days of operation each building the school administration

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plans will be utilized by students during the school year shall conduct an additional emergency

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evacuation drill in addition to the monthly emergency evacuation drill. All building occupants

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shall participate in each required drill. At least one out of every four (4) emergency evacuation

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drills shall be obstructed by means of which at least one or more exits and stairways in the school

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building are blocked off or not used. There shall be two (2) evacuation drills and two (2)

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lockdown drills included among the fifteen (15) mandatory drills in each school year. Evacuation

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drills shall be designed and conducted for use when conditions outside the school building are

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safer than conditions inside the building. Lockdown drills shall be designed and conducted for

3-26

use to protect school building occupants from potential dangers in the building.

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     (b)(1) In colleges, universities, postsecondary institutions, and residence facilities in

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public schools or private schools there shall be at least four (4) drills or rapid dismissals during

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the academic year for each school building or residence facility, at least two (2) of which shall be

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held between the months of September through December. The remaining two (2) drills shall be

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held between the months of January through June. Any college, university, or postsecondary

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institution that holds a summer session shall hold a drill or rapid dismissal during the first (1st)

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full week of the summer session.

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     (2) At least one drill or rapid dismissal shall be obstructed so that at least one or more

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exits or stairways in the school building or dormitory are blocked off or not used.  

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     (c) For purposes of this section, "residence facility" means a dormitory, fraternity,

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sorority, or any other type of residence hall, whether on campus or off campus, owned or leased

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by a college, university, postsecondary institution, public school, or private school with

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accommodations for twenty (20) or more students.  

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     (d) Notwithstanding other provisions of this section, fire drills shall be required in

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colleges or universities only for buildings which are used as a residence facility.

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     (b)(e) Neglect by any principal or any person in charge of any public or private school or

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educational institution to comply with the provisions of this section shall be a misdemeanor

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punishable by a fine not exceeding fifty dollars ($50.00).

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     (f) Written reports, on forms supplied by the department of elementary and secondary

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education, of each fire drill shall be completed immediately upon termination of every drill and

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shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire

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authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a

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fire drill be conducted in his or her presence.

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     23-28.12-36. Fire alarm systems -- Fire drills -- Penalties. -- (a) It shall be the duty of

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the principal or other person in charge of every public school or private school or educational

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institution within the state, having more than twenty-five (25) pupils, to instruct and train the

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pupils by means of drills, so that they may in a sudden emergency be able to leave the school

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building buildings and residence facilities in the shortest possible time and without confusion or

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panic. There shall be fifteen (15) such drills or rapid dismissals during the school year, at least

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eight (8) of which shall be held during the months of September, October, and November. The

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remaining seven (7) such drills or rapid dismissals shall be held at the discretion of the principal

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or person in charge of the school. At least four (4) drills or rapid dismissals shall be obstructed,

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which means that one or more exits and stairways in the school building are blocked off or not

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used and at least two (2) of these obstructed drills shall be held during the months of September

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and October. Notwithstanding other provisions of this section, in all buildings used for

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educational or boarding purposes through the twelfth grade there shall be fifteen (15) emergency

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evacuation drills during the school year, at least eight (8) of which shall be held from August

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through December. The remaining seven (7) emergency evacuation drills shall be held from

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January through June. At least one emergency evacuation drill shall be conducted every month

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the facility is in session. Within the first thirty (30) days of operation each building the school

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administration plans will be utilized by students during the school year shall conduct an

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additional emergency evacuation drill in addition to the monthly emergency evacuation drill. All

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building occupants shall participate in each required drill. At least one out of every four (4)

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emergency evacuation drills shall be obstructed by means of which at least one or more exits and

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stairways in the school building are blocked off or not used. There shall be two (2) evacuation

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drills and two (2) lockdown drills included among the fifteen (15) mandatory drills in each school

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year. Evacuation drills shall be designed and conducted for use when conditions outside the

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school building are safer than conditions inside the building. Lockdown drills shall be designed

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and conducted for use to protect school building occupants from potential dangers in the building.

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      (b)(1) In colleges, universities, postsecondary institutions, and residence facilities in

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public schools or private schools there shall be at least four (4) drills or rapid dismissals during

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the academic year for each school building or residence facility, at least two (2) of which shall be

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held between the months of September through December. The remaining two (2) drills shall be

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held between the months of January through June. Any college, university, or postsecondary

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institution that holds a summer session shall hold a drill or rapid dismissal during the first (1st)

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full week of the summer session.  

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     (2) At least one drill or rapid dismissal shall be obstructed so that at least one or more

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exits or stairways in the school building or dormitory are blocked off or not used.

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     (c) For purposes of this section, "residence facility" means a dormitory, fraternity,

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sorority, or any other type of residence hall, whether on campus or off campus, owned or leased

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by a college, university, postsecondary institution, public school, or private school with

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accommodations for twenty (20) or more students.

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     (d) Notwithstanding other provisions of this section, fire drills shall be required in

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colleges or universities only for buildings which are used as a residence facility.

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     (b)(e) Neglect by any principal or any person in charge of any public or private school or

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education institution to comply with the provisions of this section shall be a misdemeanor

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punishable by a fine of not exceeding fifty dollars ($50.00).

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     (c)(f) Written reports, on forms supplied by the department of elementary and secondary

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education, of each fire drill shall be completed immediately upon termination of every drill and

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shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire

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authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a

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fire drill be conducted in his or her presence.

     

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SECTION 3. This act shall take effect upon passage.

     

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LC00596/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY

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     This act would amend the fire safety statutes to establish greater detail and specifications

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regarding the type, manner, and frequency of safety drills in educational facilities which would be

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dependent upon certain factors such as the grade level of the educational facility and the hours

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spent in the facility.

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     This act would take effect upon passage.

     

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LC00596/SUB A

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H5152A