Chapter 373

2013 -- S 0770 SUBSTITUTE A

Enacted 07/15/13

 

A N A C T

RELATING TO HEALTH AND SAFETY - DIVISION OF FIRE SAFETY

          

     Introduced By: Senators Gallo, and Lynch

     Date Introduced: March 13, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 23-28.2-17 of the General Laws in Chapter 23-28.2 entitled

"Division of Fire Safety" is hereby amended to read as follows:

 

     23-28.2-17. Relief from responsibility. -- The state fire marshal, his or her deputies, and

assistants, charged with the enforcement of the Fire Safety Code and the director of the fire

academy and his or her instructors charged with fire education and training as governed by,

chapters 28.1 through 28.39 of this title, shall not render themselves liable personally, and they

are hereby relieved from all personal liability for any damage that may accrue to persons or

property as a result of any act required or permitted in the discharge of their official duties. Any

suit instituted against any officer or employee because of an act performed by him or her in the

lawful discharge of his or her duties, and under the provisions of the Fire Safety Code and the fire

education and training unit, shall be defended by the legal representative of the state until the

final termination of the proceedings. In no case shall the fire marshal, his or her deputies, or

assistants, the fire academy director or his or her instructors be liable for costs in any action, suit,

or proceedings that may be instituted in pursuance of the provisions of the Fire Safety Code or the

fire education and training unit, and any fire marshal or fire academy instructor, acting in good

faith and without malice, shall be free from liability for acts performed under any of its provisions

or by reason of any act or omission in the performance of his or her official duties in connection

therewith. The protection afforded herein to the Rhode Island fire academy instructors shall apply

only to those instructors who are active or retired members of a paid or volunteer Rhode Island

fire department.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01972/SUB A

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