2012 -- S 2608

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LC01593

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY

     Introduced By: Senators DiPalma, Ottiano, Miller, Tassoni, and DeVall

     Date Introduced: March 01, 2012

     Referred To: Senate Education

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 in the

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shortest possible time and without confusion or panic.

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     (b) Notwithstanding other provisions of this section, in In all schools or buildings used

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for educational purposes through 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, but colleges, universities, or

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postsecondary institutions, there shall be fifteen (15) fire drills, evacuation drills or rapid

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dismissals as follows: during the school year, at least eight (8) of which shall be held during the

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months of September, October, and November. The remaining seven (7) drills or rapid dismissals

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shall be held at the discretion of the principal or person in charge of the school. At least four (4)

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drills or rapid dismissals 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 and at least two (2) of the obstructed

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

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

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each school year.

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     (1) For schools or buildings used for educational purposes through the fifth (5th) grade,

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there shall be a minimum of the (10) drills per school year. The ten (10) drills includes two (2)

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evacuation drills and two (2) lockdown drills. One fire drill or rapid dismissal and one lockdown

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drill shall be held within the first thirty (30) days of school and a minimum of one per month

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thereafter;

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     (2) For sixth (6th) through twelfth (12th) grade, there shall be a minimum of six (6) drills.

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The six (6) drills shall include one evacuation and two (2) lockdown drills. One fire drill or rapid

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dismissal and one lockdown drill shall be held within the first thirty (30) days of school and a

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minimum of one per quarter thereafter.

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     (3) For schools that house a combination of the aforementioned grades, the school shall

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be required to hold the requisite number of fire drills based upon the lowest grade served.

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     (c) 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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Superintendents and/or principals or their equivalents may increase the number of drills that are

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required each year.

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     (b)(d) (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)(3) For purposes of this section "residence facility" means 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 institutions, public schools, or private school with

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accommodations for twenty (20) or more students.

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     (d)(4) 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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     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 in the shortest

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possible time and without confusion or panic. There shall be fifteen (15) such drills or rapid

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

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September, October, and November. The remaining seven (7) drills or rapid dismissals shall be

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held at the discretion of the principal or person in charge of the school. At least four (4) drills or

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rapid dismissals shall be obstructed, which means that one or more exits and stairways in the

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school building are blocked off or not used, and at least two (2) of these obstructed drills shall be

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held during the months of September and October.

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     (b) 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). Written reports, on forms supplied by

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the department of elementary and secondary education, of each fire drill shall be completed

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immediately upon termination of every drill and shall be available for review by the fire marshal,

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assistant deputy fire marshal, or local fire authority. The fire marshal, assistant deputy fire

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marshal, or local fire authority may require that a fire drill be conducted in his or her presence.,

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college, university or post secondary institutions or educational institution within the state, having

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

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

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possible time and without confusion or panic.

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     (b) 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 fire drills, evacuation

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drills or rapid dismissals as follows:

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     (1) For schools or buildings used for educational purposes through the fifth (5th) grade,

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there shall be a minimum of ten (10) drills per school year. The ten (10) drills includes two (2)

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evacuation drills and two (2) lockdown drills. One fire drill or rapid dismissal and one lockdown

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drill shall be held within the first thirty (30) days of school and a minimum of one per month

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thereafter;

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     (2) For sixth (6th) through twelfth (12th) grade, there shall be a minimum of six (6) drills.

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The six (6) drills shall include one evacuation and two (2) lockdown drills. One fire drill or rapid

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dismissal and one lockdown drill shall be held within the first thirty (30) days of school and a

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minimum of one per quarter thereafter

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     (3) For schools that house a combination of the aforementioned grades, the school shall

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be required to hold the requisite number of fire drills based upon the lowest grade served.

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     (c) 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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Superintendents and/or principals or their equivalents may increase the number of drills that are

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required each year.

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     (d)(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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     (3) 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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     (4) 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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     (d) 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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     (e) 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 in the shortest possible time and without confusion or panic. There shall be fifteen (15)

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

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

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

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

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

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

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      (b) 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)., college, university, or postsecondary

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institutions or educational institution within the state, having more than twenty-five (25) pupils,

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to instruct and train the pupils by means of drills, so that they may, in a sudden emergency, be

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able to leave school buildings and dormitories in the shortest possible time and without confusion

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or panic.

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     (b) 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 fire drills, evacuation

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drills or rapid dismissals as follows:

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     (1) For schools or buildings used for educational purposes through the fifth (5th) grade,

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there shall be a minimum of ten (10) drills per school year. The ten (10) drills includes two (2)

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evacuation drills and two (2) lockdown drills. One fire drill or rapid dismissal and one lockdown

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drill shall be held within the first thirty (30) days of school and a minimum of one per month

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thereafter;

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     (2) For sixth (6th) through twelfth (12th) grade, there shall be a minimum of six (6) drills.

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The six (6) drills shall include one evacuation and two (2) lockdown drills. One fire drill or rapid

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dismissal and one lockdown drill shall be held within the first thirty (30) days of school and a

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minimum of one per quarter thereafter;

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     (3) For schools that house a combination of the aforementioned grades, the school shall

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be required to hold the requisite number of fire drills based upon the lowest grade served.

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     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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Superintendents and/or principals or their equivalents may increase the number of drills that are

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required each year.

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     (c)(l) 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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     (3) 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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     (4) 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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     (d) 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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     (c)(e) 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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LC01593

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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, the hours spent

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in the facility.

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     This act would take effect upon passage.

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LC01593

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