2014 -- H 8175

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LC005653

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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 EDUCATION - HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives McLaughlin, MacBeth, Hull, McNamara, and

     Date Introduced: May 08, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-21-3 of the General Laws in Chapter 16-21 entitled "Health and

Safety of Pupils" is hereby amended to read as follows:

     16-21-3. Standards for school building. -- (a) The state building codes standards

committee, the state fire marshal, the state health department, and the department of labor and

training -- division of occupational health and safety shall determine whether the school buildings

in the several cities and towns or on state property conform to appropriate state law and

regulation. Further, it shall be the responsibility of each local fire chief, local building inspector,

the director of the state department of health, and the director of the state department of labor and

training to determine and notify each local school superintendent or private school official by

August 1 of each year as to whether the public and private nursery and elementary and secondary

school buildings conform to appropriate state law and regulation. In the case of those schools on

state property, it shall be the responsibility of the state building commissioner, the state fire

marshal, the director of the department of health, and the department of labor and training to

notify the department director responsible for the operation of the school as to whether these

schools conform to appropriate state law and regulation.

      (b) The state building code standards committee shall establish building code standards

necessary for the implementation of this section.

     (c) Notwithstanding any general or public law to the contrary, under no circumstances

shall any school building be constructed on any property likely to have subsidence features

resulting from the property being the site of a former mine. If a school building is constructed on

the site of a former mine, a certificate of occupancy shall not be issued. Provided further, no

certificate of occupancy shall be issued for a school building constructed within three hundred

(300) feet of the site of a former mine unless and until the ground area is proven stable to the

satisfaction of the authority issuing the certificate of occupancy. As part of testing any site for

purposes of compliancy with this subsection, core drilling on the site to a depth of at least two

hundred (200) feet shall be required.

     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 EDUCATION - HEALTH AND SAFETY OF PUPILS

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     This act would prohibit the construction of schools on any former mine site. A certificate

of occupancy would not be issued for any school building constructed on the site of a former

mine.

     This act would take effect upon passage.

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