Chapter 373
2013 -- S 0770 SUBSTITUTE A
Enacted 07/15/13
A N A C T
RELATING TO
HEALTH AND SAFETY - DIVISION OF FIRE SAFETY
Introduced By: Senators Gallo, and Lynch
Date Introduced: March 13, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 23-28.2-17 of the General Laws in Chapter
23-28.2 entitled
"Division of Fire
Safety" is hereby amended to read as follows:
23-28.2-17.
Relief from responsibility. -- The state fire
marshal, his or her deputies, and
assistants, charged with the enforcement of the Fire Safety Code
and the director of the fire
academy and his or her instructors charged with fire
education and training as governed by,
chapters 28.1 through 28.39 of this title, shall not render
themselves liable personally, and they
are hereby relieved from all personal liability for any
damage that may accrue to persons or
property as a result of any act required or permitted in the
discharge of their official duties. Any
suit instituted against any officer or employee because of
an act performed by him or her in the
lawful discharge of his or her duties, and under the
provisions of the Fire Safety Code and the fire
education and training unit, shall be defended by the legal
representative of the state until the
final termination of the proceedings. In no case shall the
fire marshal, his or her deputies, or
assistants, the fire academy director or his or her instructors
be liable for costs in any action, suit,
or proceedings that may be instituted in pursuance of
the provisions of the Fire Safety Code or the
fire education and training unit, and any fire marshal or
fire academy instructor, acting in good
faith and without malice, shall be free from liability for
acts performed under any of its provisions
or by reason of any act or omission in the performance
of his or her official duties in connection
therewith. The protection afforded herein to the
only to those instructors who are active or retired members
of a paid or volunteer
fire department.
SECTION 2. This act shall take effect upon passage.
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LC01972/SUB A
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