Amend the committee report, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 23, Title 59 of the 1976 Code is amended by adding:
Section 59-23-410. (A) Beginning with School Year 2019-2020 and in addition to requirements pursuant to Article 9, Title 59, Chapter 63, all new and existing district and public charter school owned or occupied properties at least once every three school years must have a fire and life safety inspection during the active school year, except the Office of the State Fire Marshal may adopt regulations providing for inspections at more frequent intervals. A fire and life safety inspection must include a review of the documentation of the school's monthly self-assessment pursuant to this section. The Office of the State Fire Marshal shall offer training for related preventative maintenance, reporting, and monthly self-assessments as required in this article.
(B) Pursuant to state law and regulations, the Office of the State Fire Marshal shall work in conjunction with the State Department of Education's Office of School Facilities to ensure a fire and life safety inspection of each new school is conducted before occupancy and to ensure that additions to schools and school alterations are also inspected.
(C) The inspections required in this section must be made only by qualified and registered inspectors with the Office of the State Fire Marshal. Qualifications must be defined in regulation and should include, but are not limited to, training and testing requirements.
(D) An inspection form must contain all information required by the Office of the State Fire Marshal. The inspection report must be completed not more than thirty days after the inspection is conducted. A copy of the prior three inspection reports must be maintained by the school or school district and the inspecting authority.
(1) The Office of the State Fire Marshal has the authority to audit fire and life safety reports and inspections and may revoke an approved inspector's registration for cause.
(2) An approved inspector shall provide a summary report of the inspections conducted to the Office of the State Fire Marshal each quarter in the format required by the Office of the State Fire Marshal. If a fire department or local entity employs more than one approved inspector, the fire department or local entity shall submit a cumulative quarterly report.
(E) Upon an inspection that indicates a fire or safety hazard, a compliance inspection to determine if the school facility has corrected the violation must be conducted within a timeframe commensurate with the severity of the violation as determined by the Office of the State Fire Marshal or the approved inspector.
(F) In addition to the inspections prescribed in this section, each school, including charter schools, shall perform a monthly fire and life safety self-assessment, pursuant to guidelines to be provided by the Office of the State Fire Marshal and the State Department of Education.
(1) Each district superintendent and charter school leader shall appoint personnel who are tasked with performing the fire and life safety self-assessments.
(2) The Office of the State Fire Marshal shall provide initial and annual training for personnel performing the fire and life safety self-assessments. The Office of the State Fire Marshal shall provide a report to the department that contains the name of the person appointed by the superintendent or charter school leader and notification that the person has completed the training. If the department determines that a school district is noncompliant, the department shall notify the district superintendent, charter school leader, and board chair in writing that the district or charter school is out of compliance.
(3) A copy of each school's monthly self-assessment must be maintained onsite for three years and must be made available upon request.
(4) Failure to conduct the monthly fire and life safety self-assessments and to provide the required documentation shall result in penalties against a school district or a public charter school.
(G) A school, school district, or public charter school subject to an inspection shall pay the fees necessary for the Office of the State Fire Marshal to conduct fire and life safety inspections. Fees must be established in regulation by the Office of the State Fire Marshal and should be sufficient, but not excessive, to cover expenses including the total of direct or indirect costs to the State for the operation of this program. These fees should be retained by the Office of the State Fire Marshal to be used to carry out the provisions of this chapter.
(H) The Office of the State Fire Marshal or approved inspector shall have the authority to issue citations and fines to enforce the provisions of this chapter. Any fines collected pursuant to this section must be remitted to the State Treasurer to be credited to the state public school building fund.
(I) A school district or charter school may appeal any citations, findings, or fees issued by the Office of State Fire Marshal or an approved inspector pursuant to regulations adopted by the Office of State Fire Marshal.
Section 59-23-420. The Office of the State Fire Marshal shall promulgate regulations governing the fire and safety inspections of new and existing public schools and charter schools in the interest of public safety and to protect the public welfare. These regulations must include, but are not limited to:
(1) the amount of fees charged and collected for inspections, and in setting these fees, consideration must be given to the reasonable time required to conduct an inspection, reasonable hourly wages paid to inspectors, and reasonable transportation and similar expenses;
(2) a registration procedure and qualification requirements for inspectors authorized under this chapter;
(3) conformance with the fire prevention and protection standards based upon nationally recognized standards for the prevention of fires and the protection of life and property;
(4) the structure for administrative and civil penalties and procedure for collection of penalties for noncompliance with the required inspections and self-assessments; and
(5) any other regulation the Office of State Fire Marshal considers necessary to implement the provisions of this article.
Section 59-23-430. A political subdivision may not make or maintain an ordinance, bylaw, or resolution providing for the licensing of inspectors designated under this article. An ordinance, bylaw, or resolution relating to the annual fire and safety inspections for operating public school facilities within the limits of the political subdivision which conflicts with the provisions of this article or with regulations promulgated by the division is void. Nothing in this article prohibits the local jurisdiction from enforcing fees and penalties in accordance with its own laws and ordinances.
Section 59-23-440. All penalties collected by the Office of State Fire Marshal for noncompliance with provisions in this section must be remitted to the State Treasurer to be credited to the state public school building fund for the sole purpose of providing eligible districts funding to address critical fire and life safety violations identified by an inspection or self-assessment. School districts may apply to the department on a prescribed form for funding that only may be used for the sole purpose of remediating any deficiencies as cited and as agreed upon in the remediation plan developed by the district and approved by the Office of State Fire Marshal or approved inspector."
SECTION 2. Section 59-63-910 of the 1976 Code is amended to read:
"Section 59-63-910. All teachers or superintendents principals and charter school leaders in charge of the schools of the State which are supported in whole or in part by taxation shall conduct fire safety and security drills at least once each month. Any teacher or superintendent failing to observe the provisions of this section shall be fined not less than ten dollars nor more than twenty-five dollars for each offense. Such fine shall be deducted from his salary and turned over to the county treasurer for ordinary county purposes No fewer than six of these drills must be fire drills."
SECTION 3. Section 59-63-920 of the 1976 Code is amended to rad:
"Section 59-63-920. The principal or supervising teacher charter school leader of each school shall indicate on his monthly pay voucher whether he has complied comply with the requirements of Section 59-63-910, and should it appear that he has failed to do so the superintendent of education shall deduct from that teacher's salary the minimum fine for the first offense and the maximum fine for each following offense and document their compliance pursuant to the monthly fire and safety self-assessments required in Article 4, Chapter 23."
SECTION 4. Section 59-63-930 of the 1976 Code is amended to read:
"Section 59-63-930. The county superintendent of education of each county of principal or charter school leader of each public school in this State shall have copies of Sections 59-63-910 and 59-63-920 printed in suitable form and have posted in at least one placed in a conspicuous place in each facility of the public school buildings of his county or schools under his supervision."
SECTION 5. Article 9, Chapter 63, Title 59 of the 1976 Code is redesignated "Safety and Security Drills".
SECTION 6. This act takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.