|
2013 -- S 0770 SUBSTITUTE A | |
|
======= | |
|
LC01972/SUB A | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2013 | |
|
| |
|
____________ | |
|
| |
|
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 | |
|
Referred To: Senate Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Section 23-28.2-17 of the General Laws in Chapter 23-28.2 entitled |
|
1-2 |
"Division of Fire Safety" is hereby amended to read as follows: |
|
1-3 |
23-28.2-17. Relief from responsibility. -- The state fire marshal, his or her deputies, and |
|
1-4 |
assistants, charged with the enforcement of the Fire Safety Code and the director of the fire |
|
1-5 |
academy and his or her instructors charged with fire education and training as governed by, |
|
1-6 |
chapters 28.1 through 28.39 of this title, shall not render themselves liable personally, and they |
|
1-7 |
are hereby relieved from all personal liability for any damage that may accrue to persons or |
|
1-8 |
property as a result of any act required or permitted in the discharge of their official duties. Any |
|
1-9 |
suit instituted against any officer or employee because of an act performed by him or her in the |
|
1-10 |
lawful discharge of his or her duties, and under the provisions of the Fire Safety Code and the fire |
|
1-11 |
education and training unit, shall be defended by the legal representative of the state until the |
|
1-12 |
final termination of the proceedings. In no case shall the fire marshal, his or her deputies, or |
|
1-13 |
assistants, the fire academy director or his or her instructors be liable for costs in any action, suit, |
|
1-14 |
or proceedings that may be instituted in pursuance of the provisions of the Fire Safety Code or the |
|
1-15 |
fire education and training unit, and any fire marshal or fire academy instructor, acting in good |
|
1-16 |
faith and without malice, shall be free from liability for acts performed under any of its provisions |
|
1-17 |
or by reason of any act or omission in the performance of his or her official duties in connection |
|
1-18 |
therewith. The protection afforded herein to the Rhode Island fire academy instructors shall apply |
|
1-19 |
only to those instructors who are active or retired members of a paid or volunteer Rhode Island |
|
1-20 |
fire department. |
|
2-1 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC01972/SUB A | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO HEALTH AND SAFETY - DIVISION OF FIRE SAFETY | |
|
*** | |
|
3-1 |
This act would provide the director of the fire academy and his or her instructors, who are |
|
3-2 |
active or retired members of a paid or volunteer Rhode Island fire department, charged with fire |
|
3-3 |
education and training regarding the fire safety code with the same defense and indemnity |
|
3-4 |
accorded to the state fire marshal, his or her deputies and assistants from personal liability |
|
3-5 |
regarding any legal action against any of them in the lawful discharge of their official duties. |
|
3-6 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC01972/SUB A | |
|
======= |