Chapter 439

2013 -- S 0014 SUBSTITUTE A AS AMENDED

Enacted 07/15/13

 

A N A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY

          

     Introduced By: Senators DiPalma, Gallo, Metts, Ottiano, and E O`Neill

     Date Introduced: January 16, 2013

 

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) 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.

     Notwithstanding other provisions of this section, in 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 but colleges, universities, or

postsecondary institutions, 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.

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 fifteen (15) drills or rapid dismissals

during the school year, at least eight (8) of which shall be held during the months of September,

October, and November. The remaining seven (7) drills or rapid dismissals shall be held at the

discretion of the principal or person in charge of the school. 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 and at least two (2) of

the obstructed drills shall be held during the months of September and October. In addition,

thereThere shall be two (2) evacuation drills and two (2) lockdown drills included among the

fifteen (15) mandatory drills in each school year. 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.

     (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

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. Sections 23-28.12-15 and 23-28.12-36 of the General Laws in Chapter 23-

28.12 entitled "Schools" are hereby amended to read as follows:

 

     23-28.12-15. Fire alarm systems. -- (a) It shall be the duty of the principal or other

person in charge of every public school or private school 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 the school building in the shortest

possible time and without confusion or panic. There shall be fifteen (15) such drills or rapid

dismissals during the school year, at least eight (8) of which shall be held during the months of

September, October, and November. The remaining seven (7) drills or rapid dismissals shall be

held at the discretion of the principal or person in charge of the school. At least four (4) drills or

rapid dismissals shall be obstructed, which means that one or more exits and stairways in the

school building are blocked off or not used, and at least two (2) of these obstructed drills shall be

held during the months of September and October. It shall be the duty of the principal or other

person in charge of every public school or private school, college, university, or postsecondary

institution 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. 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. 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.

     (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 which are used as a residence facility.

     (b)(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 fifty dollars ($50.00).

     (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.

 

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

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

building in the shortest possible time and without confusion or panic. There shall be fifteen (15)

such drills or rapid dismissals during the school year, at least eight (8) of which shall be held

during the months of September, October, and November. The remaining seven (7) such drills or

rapid dismissals shall be held at the discretion of the principal or person in charge of the school.

At least four (4) drills or rapid dismissals shall be obstructed, which means that one or more exits

and stairways in the school building are blocked off or not used and at least two (2) of these

obstructed drills shall be held during the months of September and October. 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. 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. 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.

     (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 which are used as a residence facility.

     (b)(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 misdemeanor

punishable by a fine of not exceeding fifty dollars ($50.00).

     (c)(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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LC00204/SUB A

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