2015 -- H 5410 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS - FIRE DRILLS

     Introduced By: Representatives MacBeth, McLaughlin, and Messier

     Date Introduced: February 12, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-21-4 of the General Laws in Chapter 16-21 entitled "Health and

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

     16-21-4. Fire, evacuation and lockdown drills required – Failure to comply. -- (a) (1)

It shall be the duty of the principal or other person in charge of every public school or private

school, college, university, or postsecondary institutions or educational institution within the

state, having more than twenty-five (25) pupils, to instruct and train the pupils by means of drills,

so that they may in a sudden emergency be able to leave school buildings and dormitories in the

shortest possible time and without confusion or panic. Provided, when conducting drills,

emphasis shall be placed on orderly evacuation rather than on speed.

     (2) Notwithstanding other provisions of this section, in all schools or buildings used for

educational purposes through the twelfth grade by six (6) or more persons for four (4) or more

hours per day or more than twelve (12) hours per week, there shall be not less than one

emergency egress drill conducted every month the facility is in session with all occupants of the

building participating in said drill; provided, that a building principal or the person in charge of

any such public or private school or educational institution may delay or postpone such a drill

during the months of December, January, and February, if said principal or person determines

that such drills should be postponed or deferred due to severe inclement weather. In the event

such drills are postponed or deferred during the entirety of any of said months, such drills shall be

performed within a reasonable amount of time thereafter when the building principal or person in

charge determines such drills may be held safely in light of weather conditions. The total number

of drills required by this section is met prior to the end of the school year. No drills shall be

deferred until at least three (3) drills have been conducted in the school year. One additional

emergency egress drill shall be conducted in buildings that are not open on a year- round basis

within the first (1st) thirty (30) days of operation. At least one out of every four (4) emergency

egress drills or rapid dismissals shall be obstructed by means of which at least one or more exits

and stairways in the school building are blocked off or not used. In addition, there shall be two (2)

evacuation drills and two (2) lockdown drills. Evacuation drills shall be designed and conducted

for use when conditions outside the school building are safer than conditions inside the building.

Lockdown drills shall be designed and conducted for use to protect school building occupants

from potential dangers in the building, and one shall be held in September and one in January,

and in conjunction with the local police whenever possible.

     (3) A principal or other person in charge of a public or private school or educational

institution shall consider the safety of pupils and the risk of exposing students to severe inclement

weather in scheduling or deferring any drills required by this section.

     (b)(1) In colleges, universities, postsecondary institutions, and residence facilities in

public schools or private schools there shall be at least four (4) drills or rapid dismissals during

the academic year for each school building or residence facility, at least two (2) of which shall be

held between the months of September through December. The remaining two (2) drills shall be

held between the months of January through June. Any college, university, or postsecondary

institution that holds a summer session shall hold a drill or rapid dismissal during the first full

week of the summer session.

     (2) At least one drill or rapid dismissal shall be obstructed so that at least one or more

exits or stairways in the school building or dormitory are blocked off or not used.

     (c) For purposes of this section "residence facility" means dormitory, fraternity, sorority,

or any other type of residence hall, whether on campus or off campus, owned or leased by a

college, university, postsecondary institutions, public schools, or private school with

accommodations for twenty (20) or more students.

     (d) Notwithstanding other provisions of this section, fire drills shall be required in

colleges or universities only for buildings which are used for a residence facility.

     (e) Neglect by any principal or any person in charge of any public or private school or

educational institution to comply with the provisions of this section shall be a misdemeanor

punishable by a fine not exceeding five hundred dollars ($500).

     (f) Written reports, on forms supplied by the department of elementary and secondary

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education, of each fire drill shall be completed immediately upon termination of every drill and

shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire

authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a

fire drill be conducted in his or her presence.

     SECTION 2. Section 23-28.12-36 of the General Laws in Chapter 23-28.12 entitled

"Schools" is hereby amended to read as follows:

     23-28.12-36. Fire alarm systems – Fire drills – Penalties. -- (a) (1) It shall be the duty

of the principal or other person in charge of every public school or private school, college,

university, or postsecondary institutions or educational institution within the state, having more

than twenty-five (25) pupils, to instruct and train the pupils by means of drills, so that they may,

in a sudden emergency, be able to leave school buildings and dormitories in the shortest possible

time and without confusion or panic. Provided, when conducting drills, emphasis shall be placed

on orderly evacuation rather than on speed.

     (2) Notwithstanding other provisions of this section, in all schools or buildings used for

educational purposes through the twelfth (12th) grade by six (6) or more persons for four (4) or

more hours per day or more than twelve (12) hours per week, there shall be not less than one

emergency egress drill conducted every month the facility is in session with all occupants of the

building participating in said drill. Provided that a building principal or person in charge of any

public or private school or educational institution may delay or postpone such a drill during the

months of December, January, and February, if said principal or person determines that such

drills should be postponed or deferred due to severe inclement weather. In the event such drills

are postponed or deferred during the entirety of any of said months, such drills shall be performed

within a reasonable amount of time thereafter when the building principal or person in charge

determines such drills may be held safely in light of weather conditions. The total number of

drills required by this section shall be met prior to the end of the school year. No drills shall be

deferred until at least three (3) drills have been conducted in the school year.

     One additional emergency egress drill shall be conducted in buildings that are not open

on a year-round basis within the first (1st) thirty (30) days of operation. At least one out of every

four (4) emergency egress drills or rapid dismissals shall be obstructed by means of which at least

one or more exits and stairways in the school building are blocked off or not used. In addition,

there shall be two (2) evacuation drills and two (2) lockdown drills. Evacuation drills shall be

designed and conducted for use when conditions outside the school building are safer than

conditions inside the building. Lockdown drills shall be designed and conducted for use to protect

school building occupants from potential dangers in the building, and one shall be held in

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September and one in January, and in conjunction with the local police whenever possible.

     (3) A principal or other person in charge of a public or private school or educational

institution shall consider the safety of pupils and the risk of exposing students to severe inclement

weather in scheduling or deferring any drills required by this section.

     (b)(1) In colleges, universities, postsecondary institutions, and residence facilities in

public schools or private schools there shall be at least four (4) drills or rapid dismissals during

the academic year for each school building or residence facility, at least two (2) of which shall be

held between the months of September through December. The remaining two (2) drills shall be

held between the months of January through June. Any college, university, or postsecondary

institution that holds a summer session shall hold a drill or rapid dismissal during the first (1st)

full week of the summer session.

     (2) At least one drill or rapid dismissal shall be obstructed so that at least one or more

exits or stairways in the school building or dormitory are blocked off or not used.

     (c) For purposes of this section, "residence facility" means a dormitory, fraternity,

sorority, or any other type of residence hall, whether on campus or off campus, owned or leased

by a college, university, postsecondary institution, public school, or private school with

accommodations for twenty (20) or more students.

     (d) Notwithstanding other provisions of this section, fire drills shall be required in

colleges or universities only for buildings that are used as a residence facility.

     (e) Neglect by any principal or any person in charge of any public or private school or

education institution to comply with the provisions of this section shall be a violation punishable

by a fine of not exceeding two hundred dollars ($200).

     (f) Written reports, on forms supplied by the department of elementary and secondary

education, of each fire drill shall be completed immediately upon termination of every drill and

shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire

authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a

fire drill be conducted in his or her presence.

     SECTION 3. 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 - FIRE DRILLS

***

     This act would permit school building principals to delay holding fire and emergency

egress evacuation drills in the months of December, January, and February due to severe

inclement weather. In the event a month passes by, and no drills are held for that month, the drill

would need to be made up within a reasonable amount of time thereafter when weather permits.

     This act would take effect upon passage.

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