2015 -- H 5410 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS - FIRE DRILLS

     

     Introduced By: Representatives MacBeth, McLaughlin, and Messier

     Date Introduced: February 12, 2015

     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) (1)

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It 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 in the

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shortest possible time and without confusion or panic. Provided, when conducting drills,

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emphasis shall be placed on orderly evacuation rather than on speed.

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     (2) Notwithstanding other provisions of this section, in all schools or buildings used for

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educational purposes through the twelfth grade by six (6) or more persons for four (4) or more

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hours per day or more than twelve (12) hours per week, there shall be not less than one

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emergency egress drill conducted every month the facility is in session with all occupants of the

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building participating in said drill; provided, that a building principal or the person in charge of

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any such public or private school or educational institution may delay or postpone such a drill

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during the months of December, January, and February, if said principal or person determines

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that such drills should be postponed or deferred due to severe inclement weather. In the event

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such drills are postponed or deferred during the entirety of any of said months, such drills shall be

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performed within a reasonable amount of time thereafter when the building principal or person in

 

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charge determines such drills may be held safely in light of weather conditions. The total number

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of drills required by this section is met prior to the end of the school year. No drills shall be

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deferred until at least three (3) drills have been conducted in the school year. One additional

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emergency egress drill shall be conducted in buildings that are not open on a year- round basis

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within the first (1st) thirty (30) days of operation. At least one out of every four (4) emergency

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egress drills or rapid dismissals shall be obstructed by means of which at least one or more exits

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and stairways in the school building are blocked off or not used. In addition, there shall be two (2)

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evacuation drills and two (2) lockdown drills. Evacuation drills shall be designed and conducted

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for 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, and one shall be held in September and one in January,

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and in conjunction with the local police whenever possible.

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     (3) A principal or other person in charge of a public or private school or educational

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institution shall consider the safety of pupils and the risk of exposing students to severe inclement

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weather in scheduling or deferring any drills required by this section.

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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 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 2. Section 23-28.12-36 of the General Laws in Chapter 23-28.12 entitled

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"Schools" is hereby amended to read as follows:

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     23-28.12-36. Fire alarm systems – Fire drills – Penalties. -- (a) (1) It shall be the duty

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

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university, or postsecondary institutions or educational institution within the state, having more

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than twenty-five (25) pupils, to instruct and train the pupils by means of drills, so that they may,

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in a sudden emergency, be able to leave school buildings and dormitories in the shortest possible

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time and without confusion or panic. Provided, when conducting drills, emphasis shall be placed

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on orderly evacuation rather than on speed.

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     (2) Notwithstanding other provisions of this section, in all schools or buildings used for

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educational purposes through the twelfth (12th) grade by six (6) or more persons for four (4) or

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more hours per day or more than twelve (12) hours per week, there shall be not less than one

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emergency egress drill conducted every month the facility is in session with all occupants of the

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building participating in said drill. Provided that a building principal or person in charge of any

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public or private school or educational institution may delay or postpone such a drill during the

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months of December, January, and February, if said principal or person determines that such

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drills should be postponed or deferred due to severe inclement weather. In the event such drills

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are postponed or deferred during the entirety of any of said months, such drills shall be performed

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within a reasonable amount of time thereafter when the building principal or person in charge

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determines such drills may be held safely in light of weather conditions. The total number of

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drills required by this section shall be met prior to the end of the school year. No drills shall be

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deferred until at least three (3) drills have been conducted in the school year.

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     One additional emergency egress drill shall be conducted in buildings that are not open

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on a year-round basis within the first (1st) thirty (30) days of operation. At least one out of every

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

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one or more exits and stairways in the school building are blocked off or not used. In addition,

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there shall be two (2) evacuation drills and two (2) lockdown drills. Evacuation drills shall be

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designed and conducted for use when conditions outside the school building are safer than

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conditions inside the building. Lockdown drills shall be designed and conducted for use to protect

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school building occupants from potential dangers in the building, and one shall be held in

 

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September and one in January, and in conjunction with the local police whenever possible.

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     (3) A principal or other person in charge of a public or private school or educational

3

institution shall consider the safety of pupils and the risk of exposing students to severe inclement

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weather in scheduling or deferring any drills required by this section.

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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 that are used as 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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education institution to comply with the provisions of this section shall be a violation punishable

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by a fine of not exceeding two hundred dollars ($200).

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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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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS - FIRE DRILLS

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     This act would permit school building principals to delay holding fire and emergency

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egress evacuation drills in the months of December, January, and February due to severe

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inclement weather. In the event a month passes by, and no drills are held for that month, the drill

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would need to be made up within a reasonable amount of time thereafter when weather permits.

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     This act would take effect upon passage.

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