2013 -- S 0380 SUBSTITUTE A

=======

LC01194/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

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

DEPARTMENTS

     Introduced By: Senators Ciccone, DiPalma, and Walaska

     Date Introduced: February 26, 2013

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

amended to read as follows:

1-4

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

1-5

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

1-6

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

1-7

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

1-8

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

1-9

hardship, pursuant to section 23-28.3-5.

1-10

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

1-11

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

1-12

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

1-13

January 1, 2014 which shall be updated annually and a copy shall be given to the director of labor

1-14

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

1-15

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

1-16

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

1-17

fire marshal to the NFPA 1500 Implementation Plan Review Committee implementation plan

1-18

review committee, as established pursuant to section 23-28.4-5.1, within thirty (30) days after its

1-19

receipt by the department of labor and training state fire marshal. The plan shall identify each

2-1

specific requirement of NFPA 1500 for which the fire department currently complies and each

2-2

specific requirement for which corrective action must be initiated for compliance. The plan shall

2-3

include a timetable for corrective action. The written plan shall be made available for review by

2-4

any fire department employee and/or employee representative. Compliance for each specific

2-5

requirement of NFPA 1500 shall be accomplished not later than three (3) years after June 9, 1988

2-6

in a time frame as determined by the NFPA 1500 implementation plan review committee.

2-7

Decisions by the NFPA 1500 implementation plan review committee are appealable to the fire

2-8

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

2-9

hardship, pursuant to section 23-28.3-5. Volunteer departments are encouraged to work closely

2-10

with the NFPA 1500 implementation plan review committee and submit a plan for compliance

2-11

with the NFPA 1500 (1987 edition) or a statement of compliance.

2-12

     (b) Notwithstanding the provisions of subsection 22-28.4-5(a), firefighting facilities such

2-13

as fire stations and other buildings which are used by fire departments to provide fire suppression,

2-14

rescue and related activities, are exempt from the compliance requirements of NFPA 1500.

2-15

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

2-16

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

2-17

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

2-18

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

2-19

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

2-20

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

2-21

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

2-22

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

2-23

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

2-24

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

2-25

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

2-26

NFPA 1500 by January 1, 2007.

2-27

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

2-28

of seven (7) members:

2-29

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

2-30

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

2-31

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

2-32

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

2-33

thereafter;

3-34

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

3-35

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

3-36

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

3-37

thereafter.

3-38

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

3-39

president; and

3-40

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

3-41

house.

3-42

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

3-43

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

3-44

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

3-45

     The NFPA implementation plan review committee shall meet within ninety (90) days of

3-46

passage and meet bi-monthly thereafter to review the implementation plans as submitted by the

3-47

applicable fire departments pursuant to section 23-28.4-5. The implementation plan review

3-48

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

3-49

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

3-50

NFPA 1500 by March 31, 2014 and annually thereafter.

3-51

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

3-52

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

3-53

     SECTION 2. This act shall take effect upon passage.

=======

LC01194/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

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

DEPARTMENTS

***

4-1

     This act would require that all applicable fire departments comply, at a minimum, with

4-2

the 1987 edition of the NFPA 1500; standards on fire department occupational safety and health

4-3

programs, and provide a written plan of implementation to the state fire marshal by January 1,

4-4

2014. This act would also exempt firefighting facilities from the compliance requirements of

4-5

NFPA 1500.

4-6

     This act would transfer the responsibility of enforcement from the department of labor

4-7

and training to the state fire marshal.

4-8

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

4-9

Committee from three (3) to seven (7) members.

4-10

     This act would take effect upon passage.

=======

LC01194/SUB A

=======