2006-SEBH-1108

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SB-1108, As Passed House, June 29, 2006 
 
 
 
 
 
 
 
 
 
 
 
 
HOUSE SUBSTITUTE FOR 
 
SENATE BILL NO. 1108 
 
 
 
 
 
 
 
 
 
 
 
 
 A bill to amend 1941 PA 207, entitled 
 
"Fire prevention code," 
 
by amending the title and section 19 (MCL 29.19), as amended by  
 
2006 PA 187. 
 
THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 
 
 TITLE 1 
 
 An act to provide for the prevention of fires and the  2 
 
protection of persons and property from exposure to the dangers of  3 
 
fire or explosion; to authorize the investigation of fires and the  4 
 
discovery of crime or other offenses in relation thereto; to  5 
 
require the razing, repair, or alteration of buildings, and the  6 
 
clearing and improvement of premises which constitute a fire hazard  7 
 
or a menace to the peace, security, or safety of persons or  8

2 
 
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property; to control the construction, use, and occupancy of  1 
 
buildings and premises in relation to safety, including fire  2 
 
safety; to provide for the certification of fire inspectors and the  3 
 
delegation of certain powers to those certified fire inspectors; to  4 
 
provide for the regulation of the storage and transportation of  5 
 
hazardous material; to provide for the issuance of certificates; to  6 
 
prohibit the use of certain fire extinguishers and fire  7 
 
extinguishing agents; to provide immunity from liability for  8 
 
certain persons; to provide for the administration AND ENFORCEMENT  9 
 
of this act;  and prescribe procedure for the enforcement of its 
 10 
 
provisions; to fix  TO PRESCRIBE penalties;  for violation of this  11 
 
act;  to provide for the promulgation of rules; to provide for the  12 
 
assessment of fees; and to repeal acts and parts of acts. 13 
 
 Sec. 19. (1) The chief administrative officer and the teachers  14 
 
of all schools, including state supported schools, colleges, and  15 
 
universities and the owner, or owner's representative, of all  16 
 
school dormitories shall have a fire drill each month and ensure  17 
 
unrestricted emergency egress during school hours and when the  18 
 
school is open to the public. Each teacher in a school, including a  19 
 
state supported school, college, or university and the owner or  20 
 
owner's representative of a dormitory shall comply with these  21 
 
requirements and keep a record of the drills. 22 
 
 (2) Except as provided in subsection (3), a minimum of 8 fire  23 
 
drills is required for each school year. If weather conditions do  24 
 
not permit fire drills to be held at least once a month, then at  25 
 
least 5 fire drills shall be held in the fall of each year and 3  26 
 
fire drills shall be held during the remaining part of the school  27

3 
 
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year. 1 
 
 (3) A minimum of 6 fire drills is required for each school  2 
 
year for a school that operates any of grades kindergarten to 12.  3 
 
Four of the fire drills shall be held in the fall and 2 shall be  4 
 
held during the remaining part of the school year. 5 
 
 (4) A minimum of 2 tornado safety drills is required for each  6 
 
school year at the schools and facilities described in subsection  7 
 
(1). These drills shall be conducted for the purpose of preventing  8 
 
fires and related hazards and injuries caused by severe weather. 9 
 
 (5) A minimum of 2 drills in which the occupants are  10 
 
restricted to the interior of the building and the building secured  11 
 
is required for each school year at a school that operates any of  12 
 
grades kindergarten to 12. A drill conducted under this subsection  13 
 
shall include security measures that are appropriate to an  14 
 
emergency such as the release of a hazardous material or the  15 
 
presence of an armed individual on or near the premises. The drill  16 
 
shall be conducted in coordination with the local emergency  17 
 
management coordinator appointed under section 9 of the emergency  18 
 
management act, 1976 PA 390, MCL 30.409, the county sheriff for the  19 
 
county or the chief of police or fire chief for the municipality  20 
 
where the school is located, or the designee of the sheriff, chief  21 
 
of police, or fire chief and consistently with applicable federal,  22 
 
state, and local emergency operations plans. The governing body of  23 
 
a school shall seek input from the administration of the school on  24 
 
the nature of the drills to be conducted under this subsection. 25 
 
 (6) A SCHOOL THAT OPERATES ANY OF GRADES KINDERGARTEN TO 12  26 
 
SHALL CONDUCT SOME OF THE DRILLS REQUIRED BY THIS SECTION DURING  27

4 
 
S05301'05 (H-2)           Final Page TDR 
LUNCH AND RECESS PERIODS, OR AT OTHER TIMES WHEN A SIGNIFICANT  1 
 
NUMBER OF THE STUDENTS ARE GATHERED BUT NOT IN THE CLASSROOM. 2 
 
 (7)  (6)  The state fire marshal, a fire chief, or a  3 
 
firefighter in uniform acting under orders and directions of the  4 
 
fire chief may cause fire drills to be held in school houses,  5 
 
school dormitories, and other public buildings as the state fire  6 
 
marshal considers advisable. The state fire marshal may order the  7 
 
installation of other protective apparatus or equipment that  8 
 
conforms to recognized and approved modern practices. 9 
 
 (8)  (7) 
 The department of state police emergency management  10 
 
division shall develop a model to be used by a school in  11 
 
conducting, and by a local emergency management coordinator, county  12 
 
sheriff, chief of police, fire chief, or designee of a sheriff,  13 
 
chief of police, or fire chief in coordinating, a drill under  14 
 
subsection (5). 15