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