Fire Drills
Spring 2010
By: Wayne Oppito, Esq., NJPSA Staff Counsel
Fire Drills
Every school must have fire drills. Specifically, the law requires that the principal conduct two fire drills per month within the school hours.
N.J.S.A. 18A:41-1 provides:
Every principal of the school of two or more rooms, or of a school of one room, when located above the first floor of a building, shall have at least two fire drills each month within the school hours and shall require all teachers of all schools, with occupying buildings of one or more stories, to keep all doors and exits of their respective rooms and buildings unlocked during the school hours. Where school buildings have been provided with fire escapes, they shall be used by a part or all of the pupils performing every fire drill.
What are the pertinent points of the statute?
First, the responsibility to have fire drills is placed on the school principal. The school principal may assign the responsibility for conducting fire drills to other staff members. However, the statute puts the burden on the school principal to make certain that the statutory requirements are met.
Second, the statute does not provide discretion. “Every principal …shall have at least two fire drills each month …” The use of the word “shall” makes it a requirement that principals conduct two fire drills per month in their schools. Two fire drills per month are required regardless of the weather, regardless of whether the school is located in a high traffic area and regardless of any other extenuating circumstance. Principals should plan ahead in scheduling fire drills, especially in months where there are fewer school days, such as November and June and in months where inclement weather may close schools, such as January or February. This requirement also applies to summer school programs in July and August when children are present.
Third, the statute also requires that fire drills occur “within …school hours.” That means what it says. If school hours are between 7:30 a.m. and 3:00 p.m. the fire drill must occur at some point within those hours - not before and not after.
Fourth, “Every principal …shall require all teachers … to keep all doors and exits of their rooms and buildings unlocked during … school hours.” Principals must make clear to all teachers that they may not lock their classroom doors during school hours no matter how good a reason they may have. Post-Columbine, “unlocked” most likely means the ability to exit the classrooms. Furthermore, when students are not present in the classroom, most teachers will lock their rooms for security reasons. School districts should discuss this issue with the local fire officials and the School Board attorney for clarification.
For those school buildings which have fire escapes, the statute provides that “they shall be used by a part or all the pupils performing every fire drill.” How many pupils use them is a decision the principal can make. However, to comply with the statute, if the school has a fire escape, a part of the student population must utilize it during fire drill exercises.
Principals should be aware that not having fire drills or the requisite number of fire drills - even for good reasons - is in violation of the statute. Most school districts require that the principals affirm in writing the dates and times monthly when fire drills were conducted. If by happenstance, the drills were not conducted, DO NOT falsely sign that the drills were conducted. Do not exacerbate a bad situation.
N.J.S.A. 18A:41-3 reads that for “any principal, …” the failure to comply with the provisions of the fire drill statute “shall be punishable by a fine of not to exceed $100 for each offense.”
Violating the statute may also serve as a basis for tenure charges. Whether that happens depends on the degree of the violation and how the district board of education wants to handle the matter. During the past few school years, there have been no less than two cases in which principals have been brought up on tenure charges for not having the required two fire drills per month and/or falsely affirming that they occurred.
This only underscores the seriousness which should be given to comply with the statute.