Congress passes legislation containing key campus fire safety requirements

BELCHERTOWN, Mass., February 8, 2008 — Yesterday, the U.S. House of Representatives passed HR 4137, The College Opportunity and Affordability Act. Contained within this legislation were two key components that will require colleges and universities to report fire safety information that includes how many fires have occurred, deaths and injuries from fire, how many residence halls are protected by sprinklers and fire alarms and their fire safety policies. In addition, they will be required to report how much fire safety training is provided to students. Another component will provide for the ability for schools to apply for matching grants for the installation of automatic fire sprinklers, fire alarms and other systems. (The relevant sections are included with this release). A companion bill passed the Senate in July and the differences in these bills will be resolved by a conference committee before going to the President for signature.

“This legislation is a tremendous leap forward for fire safety across the nation,” said Campus Firewatch Publisher Ed Comeau. “Students and parents will now have access to vital information that will help them make an informed, fire-safe decision when selecting a school. In addition, this will be an opportunity for schools to showcase how they protect our nation’s future.”

The Campus Fire Safety Right-to-Know Act, introduced by Congressman Bill Pascrell (NJ-8) and the Campus Fire Safety and Prevention Act, introduced by Congresswoman Stephanie Tubbs Jones (OH-11), were the basis for the language in HR 4137. “Representatives Pascrell and Tubbs Jones have long been strong advocates for improving fire safety across the nation and I commend them and their colleagues for their leadership,” said Comeau.

“I applaud the House for taking strong action today to address a hidden epidemic afflicting our nation’s college campuses,” stated Pascrell. “If these common sense fire safety disclosure requirements were in place years ago, many lives may have been saved. Fewer families may have endured the pain felt by the loved ones of the Seton Hall fire victims. I thank Ed Comeau and Campus Firewatch for their dedication in helping to move this resolution through both bodies of Congress.”

“I am extremely pleased with the passage of the College Opportunity and Affordability Act," added Tubbs Jones. "This legislation will help break down the barriers, particularly the ever rising costs of higher education, so that Americans can obtain a college degree. I am extremely excited about the inclusion of a provision from my legislation, the Campus Fire Safety and Prevention Act, which would establish a demonstration incentive program within the Department of Education to promote installation of fire sprinkler systems, or other fire suppression or prevention technologies, in qualified student housing or dormitories, and for other purposes."

HR 4137 COLLEGE OPPORTUNITY AND AFFORDABILITY ACT OF 2007

The following is the language from HR 4137 the College Opportunity and Affordability Act of 2007 that was passed in the US House of Representatives on Thursday, February 7, 2008. Section 488 includes language that was introduced by Congressman Bill Pascrell (NJ-8). Section 705 includes language that was introduced by Congresswoman Stephanie Tubbs Jones (OH-11). A companion bill was passed by the US Senate in July 2007.

SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.

(i) Disclosure of Fire Safety Standards and Measures-

(1) ANNUAL FIRE SAFETY REPORTS ON STUDENT HOUSING REQUIRED- Each eligible institution participating in any program under this title that maintains on-campus student housing facilities shall, on an annual basis, publish a fire safety report, which shall contain information with respect to the campus fire safety practices and standards of that institution, including--

(A) statistics concerning the following in each on-campus student housing facility during the most recent calendar years for which data are available:

(i) the number of fires and the cause of each fire;

(ii) the number of injuries related to a fire that result in treatment at a medical facility;

(iii) the number of deaths related to a fire; and

(iv) the value of property damage caused by a fire;

(B) a description of each on-campus student housing facility fire safety system, including the fire sprinkler system;

(C) the number of regular mandatory supervised fire drills;

(D) policies or rules on portable electrical appliances, smoking, and open flames (such as candles), procedures for evacuation, and policies regarding fire safety education and training programs provided to students, faculty, and staff; and

(E) plans for future improvements in fire safety, if determined necessary by such institution.

(2) REPORT TO THE SECRETARY- Each eligible institution participating in any program under this title shall, on an annual basis submit to the Secretary a copy of the statistics required to be made available under subparagraph (A).

(3) CURRENT INFORMATION TO CAMPUS COMMUNITY- Each institution participating in any program under this title shall--

(A) make, keep, and maintain a log, recording all fires in on-campus student housing facilities, including the nature, date, time, and general location of each fire; and

(B) make annual reports to the campus community on such fires.

(4) RESPONSIBILITIES OF THE SECRETARY- The Secretary shall--

(A) make such statistics submitted to the Secretary available to the public; and

(B) in coordination with nationally recognized fire organizations and representatives of institutions of higher education, representatives of associations of institutions of higher education, and other organizations that represent and house a significant number of students--

(i) identify exemplary fire safety policies, procedures, programs, and practices;

(ii) disseminate information to the Administrator of the United States Fire Administration;

(iii) make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in the reduction of fires; and

(iv) develop a protocol for institutions to review the status of their fire safety systems.

(5) RULES OF CONSTRUCTION- Nothing in this subsection shall be construed to--

(A) authorize the Secretary to require particular policies, procedures, programs, or practices by institutions of higher education with respect to fire safety, other than with respect to the collection, reporting, and dissemination of information required by this subsection;

(B) affect the Family Educational Rights and Privacy Act of 1974 or the regulations issued under section 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note);

(C) create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or

(D) establish any standard of care.

(6) COMPLIANCE REPORT- The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary's monitoring of such compliance.

SEC. 705. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.

(11) the support of increased fire safety in student housing--

(A) by establishing a demonstration incentive program for qualified student housing in institutions of higher education;

(B) by making grants for the purpose of installing fire alarm detection, prevention, and protection technologies in student housing, dormitories, and other buildings controlled by such entities; and

(C) by requiring, as a condition of such grants--

(i) that such technologies be installed professionally to technical standards of the National Fire Protection Association; and

(ii) that the recipient shall provide non-Federal matching funds in an amount equal to the amount of the grant;