Analysis

Topic: Fire Safety
Sponsor: Representative A. T. Frank
Date Ordered Enrolled: December 6, 2000
Date of Analysis: December 11, 2000

Position: The Department of Consumer and Industry Services does not support the bill.

Background: Several years ago a Southeastern Michigan fire department invited the media to a demonstration fire. Tragically, one or more members of a film crew were injured in the fire. Compensation for the injured workers was limited to worker's compensation, and there was no opportunity for a civil suit because of governmental immunity. MIOSHA did not take action against the municipality, because the firefighters were properly dressed and therefore were uninjured. If an employer had been cited as a result of this accident, it would have been the television station. Their employees were not appropriately clothed and the combination of cables and heavy equipment prevented their employees from getting out of harm's way in time to avoid injury.

Bill Content: The bill amends the Fire Prevention Code to require the State Fire Marshal to investigate and prepare a report of the investigation of injuries or deaths of non-firefighters at a demonstration fire. The chief of a local fire department is also required to immediately report an injury or death to a non-firefighter injured in a demonstration fire to the State Fire Marshal. Finally, the bill requires the local fire chief to immediately report the death of a firefighter resulting from an on duty cause to the State Fire Marshal. The State Fire Marshal is required to investigate the death and prepare a report on the investigation.

Arguments For: There should be an investigation of all fires resulting in injury or death. Local fire officials should be held accountable for poor planning resulting in injury or death.

Arguments Against: The workers injured in the fire were compensated by worker's compensation. The bill is an effort to permit injured workers to get around the worker's compensation prohibition against suing the employer by permitting a suit against a third party.

This bill creates duplicative reporting. On duty deaths and injuries must already be reported to the Bureau of Safety Regulation in the Department of Consumer and Industry Services. Such deaths and injuries are investigated. There is no need for a report and an investigation by the State Fire Marshal.

Supporters/Opponents: The Northern Michigan Fire Chiefs Association opposes the bill.

Administrative Rule Impact: No new or revised administrative rules will be needed as a result of this bill.