2014 -- H 7197

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LC003602

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

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

DEPARTMENTS

     Introduced By: Representatives Guthrie, Casey, Johnston, and Mattiello

     Date Introduced: January 23, 2014

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-28.4-4, 23-28.4-5, 23-28.4-5.1, 23-28.4-6 and 23-28.4-7 of the

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

hereby amended to read as follows:

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

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

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

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

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

hardship, pursuant to § 23-28.3-5.

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

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

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

January 1, 2015 which shall be updated annually and a copy shall be given to the director of labor

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

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

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

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

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

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

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

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

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

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

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

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

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

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

hardship, pursuant to § 23-28.3-5. Volunteer departments are encouraged to work closely with the

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

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

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

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

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

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

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

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

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

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

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

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

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

NFPA 1500 by January 1, 2007.

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

of seven (7) members:

     (1) One of whom shall be appointed by the Rhode Island League of Cities and Towns,

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

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

Association of Fire Fighters, whose first term shall be for three (3) years and four (4) years

thereafter;

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

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

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

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thereafter.

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

president; and

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

house.

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

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

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

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

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

applicable fire departments pursuant to § 23-28.4-5. The implementation plan review committee,

after reviewing each fire department’s implementation plan, shall make a report available as to

the progress of each applicable department’s compliance or noncompliance with NFPA 1500 by

March 31, 2014 and annually thereafter.

     23-28.4-6. Exemptions. -- (a) This chapter shall not apply to volunteer fire departments.

      (b) The following NFPA 1500 chapters and sections shall not apply to this chapter:

      (1) Chapter 3, training and educational standards;

      (2) Chapter 8-4, fire department physicians;

      (3) Chapter 8-5, physical fitness programs. ; and

     (4) Chapter 7, facility safety, except the provisions of chapter 7-1.3 of the NFPA 1500,

1987 standards.

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

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

     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 all applicable fire departments comply, at a minimum, with

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

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

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

NFPA 1500.

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

and training to the state fire marshal.

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

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

     This act would take effect upon passage.

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