SENATE SUBSTITUTE FOR

HB-4713, As Passed House, February 5, 2014HB-4713, As Passed Senate, February 5, 2014

HOUSE BILL NO. 4713

A bill to amend 1941 PA 207, entitled

"Fire prevention code,"

by amending section 19 (MCL 29.19), as amended by 2006 PA 337.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 19. (1) The chief administrative officer and the teachers

of all schools, including state supported schools, colleges, and

universities and the owner, or owner's representative, of all

school dormitories shall have a fire drill each month and ensure

unrestricted emergency egress during school hours and when the

school is open to the public. Each teacher in a school, including a

state supported school, college, or university and the owner or

owner's representative of a dormitory shall comply with these

requirements and keep a record of the drills.

(2) Except as provided in subsection (3), a minimum of 8 fire

drills is required for each school year. If weather conditions do

not permit fire drills to be held at least once a month, then at

least 5 fire drills shall be held in the fall of each year and 3

fire drills shall be held during the remaining part of the school

year.

(3) A minimum of 6 5 fire drills is required for each school

year for a school that operates any of grades kindergarten to 12.

~~Four~~ Three of the fire drills shall be held ~~in the fall~~ by December

1 of the school year, and 2 shall be held during the remaining part

of the school year, with a reasonable spacing interval between each

drill.

(4) A minimum of 2 tornado safety drills is required for each

school year at the schools and facilities described in subsection

(1). At least 1 of the tornado safety drills shall be conducted

during March of the school year. These drills shall be conducted

for the purpose of preventing ~~fires and related hazards and~~

injuries caused by severe weather.

(5) A minimum of 2 3 drills in which the occupants are

restricted to the interior of the building and the building secured

is required for each school year at a school that operates any of

grades kindergarten to 12. At least 1 of these drills shall be

conducted by December 1 of the school year, and at least 1 shall be

conducted after January 1 of the school year, with a reasonable

spacing interval between each drill. A drill conducted under this

subsection shall include security measures that are appropriate to

an emergency such as the release of a hazardous material or the

presence of ~~an armed~~ a potentially dangerous individual on or near

the premises. ~~The drill shall be conducted in coordination with the~~

~~local emergency management coordinator appointed under section 9 of~~

~~the emergency management act, 1976 PA 390, MCL 30.409, the county~~

~~sheriff for the county or the chief of police or fire chief for the~~

~~municipality where the school is located, or the designee of the~~

~~sheriff, chief of police, or fire chief and consistently with~~

~~applicable federal, state, and local emergency operations plans.~~

The governing body of a school shall seek input from the

administration of the school and local public safety officials on

the nature of the drills to be conducted under this subsection.

(6) A school that operates any of grades kindergarten to 12

shall conduct ~~some~~ at least 1 of the drills required by this

section during a lunch ~~and~~ or recess ~~periods, or at other times~~

period, or at another time when a significant number of the

students are gathered but not in the classroom.

(7) For a school that operates any of grades kindergarten to

12, the governing body of the school shall ensure that

documentation of a completed school safety drill is posted on its

website within 30 school days after the drill is completed and is

maintained on the website for at least 3 years. For a school

operated by a school district or intermediate school district, the

documentation may be posted on the district website. The

documentation posted on the website shall include at least all of

the following:

(a) The name of the school.

(b) The school year of the drill.

House Bill No. 4713 as amended January 30, 2014

as amended February 5, 2014

(d) The type of drill completed.

(e) The number of completed drills for that school year for

each type of drill required under subsections (3) to (5).

(f) The signature of the school principal or his or her

designee acknowledging the completion of the drill.

(g) The name of the individual in charge of conducting the

drill, if other than the school principal.

(8) Not later than September 15 of each school year, the chief

administrator of a school that operates any of grades kindergarten

to 12, or his or her designee, shall provide a list of the

scheduled drill days for the school buildings operated by the

school, school district, intermediate school district, or public

school academy to the county emergency management coordinator

appointed under section 9 of the emergency management act, 1976 PA

390, MCL 30.409. <<A scheduled drill that is not conducted on a

scheduled drill day due to conditions not within the control of

school authorities, such as severe storms, fires, epidemics, utility

power unavailability, water or sewer failure, or health conditions

as defined by the city, county, or state health authorities, will not

result in a violation of this section as long as the school conducts

the minimum number of drills required under subsections (3), (4), and

(5), the school reschedules the drill to occur within 10 school days

after the scheduled date of the canceled drill, and the chief

administrator notifies the county emergency management coordinator of

the rescheduled date for the drill.>> The county emergency management

coordinator shall

provide this information to the appropriate local emergency

management coordinator appointed under that section, if any, and,

consistent with applicable federal, state, and local emergency

operations plans, to the department of state police district

coordinator and the county sheriff for the county or the chief of

police or fire chief for the municipality where the school is

located, or the designee of the sheriff, chief of police, or fire

chief. The information provided under this subsection is exempt

from disclosure under the freedom of information act, 1976 PA 442,

MCL 15.231 to 15.246.

<<(9) A public school that operates any of grades kindergarten

to 12 shall not conduct a drill required under this section at a time that would interfere with the conduct of a state-mandated assessment.

(10)>> ~~(7)~~ The state fire marshal, a fire chief, or a firefighter

in uniform acting under orders and directions of the fire chief may

House Bill No. 4713 as amended January 30, 2014

cause fire drills to be held in school houses, school dormitories,

and other public buildings as the state fire marshal considers

advisable. The state fire marshal may order the installation of

other protective apparatus or equipment that conforms to recognized

and approved modern practices.

<<(11)>> ~~(8)~~ The department of state police emergency management

and homeland security division shall develop a model to be used by

a school in conducting ~~, and by a local emergency management~~

~~coordinator, county sheriff, chief of police, fire chief, or~~

~~designee of a sheriff, chief of police, or fire chief in~~

~~coordinating,~~ a drill under subsection (5).

<<(12)>> The governing body of a school that operates any of

grades kindergarten to 12 shall adopt and implement a cardiac

emergency response plan for the school. The cardiac emergency

response plan shall address and provide for at least all of the

following:

(a) Use and regular maintenance of automated external

defibrillators, if available.

(b) Activation of a cardiac emergency response team during an

identified cardiac emergency.

throughout the school campus.

(d) If the school includes grades 9 to 12, a training plan for

the use of an automated external defibrillator and in

cardiopulmonary resuscitation techniques.

(e) Incorporation and integration of the local emergency

response system and emergency response agencies with the school's