2012 -- S 2249 SUBSTITUTE A

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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 HEALTH AND SAFETY - SAFETY AND HEALTH PROGRAMS FOR FIRE

DEPARTMENTS

     Introduced By: Senators Lanzi, DiPalma, Doyle, Pichardo, and Jabour

     Date Introduced: January 26, 2012

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-28.4-4, 23-28.4-5, 23-28.4-5.1 and 23-28.4-7 of the General

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Laws in Chapter 23-28.4 entitled "Safety and Health Programs for Fire Departments" are hereby

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amended to read as follows:

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     23-28.4-4. General requirements. -- It is the intent of this chapter to ensure that NFPA

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1500: Standard on Fire Department Occupational Safety and Health Program (1987 edition) is

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adopted and adhered to by all applicable fire departments in the state. Any fire department may

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comply with a more recent version of the NFPA 1500. Any fire department may petition the fire

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safety code board of appeals and review for additional time, or a variance based upon other

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hardship, pursuant to section 23-28.3-5.

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     23-28.4-5. Implementation plan. -- Each applicable fire department in the state shall

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formulate a written plan to implement the requirements of NFPA 1500 (1987 edition) or a

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statement of compliance not more than one hundred twenty days (120) after July 10, 1990 by

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January 1, 2013 which shall be updated annually and a copy shall be given to the director of labor

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and training state fire marshal to be kept on file, and a copy shall be given to the bargaining agent

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representing employees within the fire department. A copy of each applicable fire department's

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NFPA 1500 implementation plan shall be forwarded by the department of labor and training state

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fire marshal to the NFPA 1500 Implementation Plan Review Committee, as established pursuant

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to section 23-28.4-5.1, within thirty (30) days after its receipt by the department of labor and

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training state fire marshal. The plan shall identify each specific requirement of NFPA 1500 for

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which the fire department currently complies and each specific requirement for which corrective

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action must be initiated for compliance. The plan shall include a timetable for corrective action.

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The written plan shall be made available for review by any fire department employee and/or

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employee representative. Compliance for each specific requirement of NFPA 1500 shall be

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accomplished not later than three (3) years after June 9, 1988 in a time frame as determined by

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the NFPA 1500 Implementation Plan Review Committee. Decisions by the NFPA 1500

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implementation plan review committee are appealable to the fire safety code board of appeals and

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review for additional time, or a variance based upon other hardship, pursuant to section 23-28.3-

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5. Volunteer departments are encouraged to work closely with the NFPA 1500 implementation

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plan review committee and submit a plan for compliance with the NFPA 1500 (1987) or a

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statement compliance.

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     23-28.4-5.1. NFPA 1500 Implementation Plan Review Committee -- Creation and

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membership. -- There is hereby created a NFPA 1500 Implementation Plan Review Committee

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consisting of three (3) members: one (1) of whom shall be appointed by the Rhode Island League

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of Cities and Towns, one (1) of whom shall be appointed by the Rhode Island State Association

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of Fire Fighters, and one (1) of whom shall be appointed by the Rhode Island Fire Chiefs'

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Association. The terms of all members shall be for four (4) years.

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      The NFPA Implementation Plan Review Committee shall meet at the call of the

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chairperson, but not less than bi-monthly to review the implementation plans as submitted by the

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applicable fire departments pursuant to section 23-28.4-5. The Implementation Plan Review

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Committee, after reviewing each fire department's implementation plan, shall make a report

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available as to the progress of each applicable department's compliance or noncompliance with

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NFPA 1500 by January 1, 2007.

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     There is hereby created a NFPA 1500 implementation plan review committee consisting

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of seven (7) members:

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     (1) One of whom shall be appointed by the Rhode Island league of cities and towns,

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whose first term shall be for three (3) years and four (4) years thereafter;

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     (2) Two (2) of whom shall be appointed by the president of the Rhode Island state

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association of firefighters, whose first term shall be for three (3) years and four (4) years

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thereafter;

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     (3) Two (2) of whom shall be appointed by the president of the Rhode Island fire chiefs’

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association, one of whom shall represent a volunteer fire department and one of whom shall

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represent a paid department, whose first terms shall be for three (3) years and four (4) years

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thereafter.

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     (4) One of whom shall be a member of the general public appointed by the senate

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president; and

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     (5) One of whom shall be a member of the general public appointed by the speaker of the

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house.

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     The chair shall be elected by the majority of the members. The terms of all members shall

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be for four (4) years, unless otherwise noted above. At the expiration of their terms, members

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shall remain and continue in their official capacity until a new member is appointed.

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     The NFPA implementation plan review committee shall be provided with the report

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issued to the general assembly dated December 2011 regarding this matter and, shall meet within

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ninety (90) days of passage and meet bi-monthly thereafter to review the implementation plans as

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submitted by the applicable fire departments pursuant to section 23-28.4-5. The implementation

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plan review committee, after reviewing each fire department’s implementation plan, shall make a

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report available as to the progress of each applicable department’s compliance or noncompliance

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with NFPA 1500 by March 31, 2013 and annually thereafter.

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     23-28.4-7. Responsibility for enforcement. -- The provisions of this chapter shall be

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enforced by the director of labor and training state fire marshal.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - SAFETY AND HEALTH PROGRAMS FOR FIRE

DEPARTMENTS

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     This act would require that fire departments comply with the 1987 version of the

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standards on fire department occupational safety and health programs, and provide a written plan

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of implementation to the state fire marshal by January 1, 2013.

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     This act would also increase the composition of the NFPA Implementation Plan Review

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Committee to seven (7) members.

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     This act would take effect upon passage.

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LC00920/SUB A

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