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The WV Fire Code
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In the following you will find sections of
the WV State Code that pertains to this office and the fire service in general.
Click on any of the topics listed below to go directly to that section.
ARTICLE
3. FIRE PREVENTION AND CONTROL ACT.
§29-3-1. Short title.
This article shall be known and may be cited as the
"Fire Prevention and Control Act."
§29-3-2. Legislative
findings and declaration of policy.
The Legislature hereby finds and declares that:
(a) A significant part of the population of this state
needs improved fire prevention and control;
(b) The establishment and maintenance of a coordination
program for fire prevention and control for the entire state is necessary to promulgate
the safety and well-being of the citizens and residents of this state;
(c) Adequate fire prevention and control are not likely to
become a reality unless certain administrative functions and procedures are enacted by
law; and
(d) Fire prevention and control are a public purpose and a
responsibility of government for which public money may be spent.
§29-3-3. State fire
commission created; composition; qualifications; appointment; terms of office; removal;
vacancies; compensation and expenses.
(a) There is hereby created a state fire commission, which
shall consist of thirteen members, qualified by experience and training to deal with the
matters which are the responsibilities of the commission. The officers of the West
Virginia fire chiefs association, the West Virginia firemen's association, the West
Virginia professional fire fighters association, the West Virginia professional fire
chiefs association, the West Virginia manufacturers association, the professional
independent insurance agents of West Virginia, and the West Virginia society of architects
shall submit a list of names of persons recommended by each of these associations to the
governor for consideration in appointing the state fire commission. The West Virginia
professional fire fighters association and the West Virginia professional fire chiefs
association shall recommend the names of two persons from full-time paid fire departments.
The West Virginia fire chiefs association and the West Virginia firemen's association
shall each recommend the names of three persons from volunteer fire departments. The West
Virginia manufacturers association shall recommend the names of three persons to represent
business and industry. The professional independent insurance agents of West Virginia
shall recommend the names of two persons to represent the fire insurance industry. The
West Virginia society of architects shall recommend the names of two persons to represent
registered architects. Appointments to the commission shall be made by the governor, by
and with the advice and consent of the Senate, from the lists of qualified persons
recommended by the organizations. Three members shall be appointed to represent full-time
paid fire departments, one member shall be appointed to represent the full-time paid fire
chiefs, three members shall be appointed to represent volunteer fire departments and two
members shall be appointed to represent the volunteer fire chiefs. Two members shall be
appointed to represent business and industry and one member shall be appointed to
represent the fire insurance industry. One member shall be appointed to represent
registered architects. The term of office of the members shall be staggered five-year
terms. The terms of members first appointed shall expire as designated by the governor at
the time of appointment, two at the end of one year, two at the end of two years, three at
the end of three years, two at the end of four years and two at the end of five years.
Vacancies shall be filled in the same manner as the original appointment but only for the
remainder of a term. Any member is subject to removal by the governor at any time for
neglect of his duties or other conduct unbecoming his office. The governor shall make the
appointments within ninety days after this section takes effect.
(b) The members of the state fire commission shall serve
without compensation but shall be reimbursed for their reasonable and necessary expenses
actually incurred in the performance of their duties.
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§29-3-4. Chairman;
vice chairman; meetings; quorum.
(a) The state fire commission shall select a chairman and
vice chairman from among its members and shall hold regular meetings at least once every
two months and special meetings when called by its chairman. In the absence of the
chairman, the vice chairman shall exercise the powers and duties of the chairman.
(b) No business shall be transacted by the state fire
commission in the absence of a quorum which shall be six members, one of whom must be the
chairman or vice chairman.
§29-3-5. Promulgation
of regulations and state fire code.
(a) The state fire commission shall have the power to
promulgate, amend and repeal regulations for the safeguarding of life and property from
the hazards of fire and explosion pursuant to the provisions of chapter twenty-nine-a of
this code. Such regulations, amendments or repeals thereof shall be in accordance with
standard safe practice as embodied in widely recognized standards of good practice for
fire prevention and fire protection and shall have the force and effect of law in the
several counties, municipalities and political subdivisions of the state.
(b) Pursuant to the provisions of chapter twenty-nine-a of
this code, the state fire commission, by the first day of January, one thousand nine
hundred seventy-seven, shall promulgate comprehensive regulations for the safeguarding of
life and property from the hazards of fire and explosion to be known as the state fire
code. Regulations embodied in the state fire code shall be in accordance with standard
safe practice as embodied in widely recognized standards of good practice for fire
prevention and fire protection and shall have the force and effect of law in the several
counties, municipalities and political subdivisions of the state. Whenever any other state
law, county or municipal ordinance or regulation of any fire codes published by the
national protection association: Provided, That such rules shall be effective as emergency
rules when so promulgated until acted upon by the Legislature: Provided, however, That the
state fire marshal shall provide compliance alternatives for historic structures as
provided for in section five, article one of this chapter, which compliance alternatives
shall take into account the historic integrity of said historic structures; and shall
coordinate with the director of the archives and history division the application of the
rules and regulations of that division.
(c) In interpretation and application, the state fire code
shall be held to be the minimum requirements for the safeguarding of life and property
from the hazards of fire and explosion: Provided, That the state fire marshal shall
provide compliance alternatives for historic structures and sites as provided for in
section five, article one of this chapter, which compliance alternatives shall take into
account the historic integrity of said historic structures and sites. Whenever any other
state law, county or municipal ordinance or regulation of any agency thereof is more
stringent or imposes a higher standard than is required by the state fire code, the
provisions of such state law, county or municipal ordinance or regulation of any agency
thereof shall govern, provided they are not inconsistent with the laws of West Virginia
and are not contrary to recognized standards and good engineering practices. In any
question, the decision of the state fire commission determines the relative priority of
any such state law, county or municipal ordinance or regulation of any agency thereof and
determines compliance with state fire regulations by officials of the state, counties,
municipalities and political subdivisions of the state.
§29-3-5a. Hazardous substance emergency response
training programs.
(a) Within one hundred twenty days of the effective date of
this section, the state fire commission shall promulgate rules pursuant to chapter
twenty-nine-a of this code establishing criteria for qualified training programs in
hazardous substance emergency response activities and procedures for such qualified
training programs to be certified by the state fire marshal.
(b) For the purposes of this section, "hazardous
substance" means any hazardous substance as defined in chapter eighty-eight, Acts of
the Legislature, regular session, one thousand nine hundred eighty-five any "chemical
substances and materials" listed in the rules promulgated by the commissioner of
labor pursuant to section eighteen, article three, chapter twenty-one of this code, and
any "hazardous waste" as defined in section three, article eighteen, chapter
twenty-two of this code.
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§29-3-5b.
Promulgation of rules, regulations and statewide building code.
(a) The state fire commission shall promulgate and repeal
rules and regulations to safeguard life and property and to ensure the quality of
construction of all structures erected or renovated throughout this state pursuant to the
provisions of chapter twenty-nine-a of this code through the adoption of a state building
code. Such rules, regulations, amendments or repeals thereof shall be in accordance with
standard safe practices so embodied in widely recognized standards of good practice for
building construction and all aspects related thereto and shall have force and effect in
those counties and municipalities adopting the state building code.
(b) Pursuant to the provisions of chapter twenty-nine-a of
this code, on the first day of July, 1988, the state fire commission shall commence
promulgation of comprehensive rules and regulations regarding building construction,
renovation and all other aspects as related to the construction and mechanical operations
of a structure. Upon the completion of the promulgation of the rules and regulations, such
rules and regulations shall be known as the "State Building Code."
(c) For the purpose of this section the term "building
code" is intended to include all aspects of safe building construction and mechanical
operations and all safety aspects related thereto: Provided, That the state fire marshal
shall provide compliance alternatives for historic structures and sites as provided for in
section five, article one of this chapter, which compliance alternatives shall take into
account the historic integrity of said historic structures and sites. Whenever any other
state law, county or municipal ordinance or regulation of any agency thereof is more
stringent or imposes a higher standard than is required by the state fire code, the
provisions of such state law, county or municipal ordinance or regulation of any agency
thereof shall govern, provided they are not inconsistent with the laws of West Virginia
and are not contrary to recognized standards and good engineering practices. In any
question, the decision of the state fire commission determines the relative priority of
any such state law, county or municipal ordinance or regulation of any agency thereof and
determines compliance with state fire regulations by officials of the state, counties,
municipalities and political subdivisions of the state.
(d) Enforcement of the provisions of the state building
code is the responsibility of the respective local jurisdiction. Also, any county or
municipality may enter into an agreement with any other county or municipality to provide
inspection and enforcement services.
(e) After the state fire commission has promulgated rules
and regulations as provided herein, each county or municipality intending to adopt the
state building code shall notify the state fire commission of its intent.
The state fire commission may conduct public meetings in
each county or municipality adopting the state building code to explain the provisions of
such rules and regulations.
§29-3-6. Public hearings and notice.
(a) Prior to the promulgation of a state fire code as
provided in section five of this article, the state fire commission shall hold at least
one public hearing on the proposed regulations contained therein, notice of which shall be
the same as the notice for a hearing as provided in the administrative procedure act,
chapter twenty-nine-a of this code.
(b) After the adoption of a state fire code, prior to the
promulgation of any additional regulation, amendment to or repeal of a current regulation,
the state fire commission shall hold at least one hearing on each new regulation, each
amendment to and each repeal of a current regulation to be separately submitted, notice of
which shall be the same as the notice for a hearing as provided in the administrative
procedure act, chapter twenty-nine- a of this code.
§29-3-7. Commission's powers in
conduct of public hearing.
For the purposes of any public hearing under this article,
the state fire commission is empowered and authorized to issue subpoenas and subpoenas
duces tecum, to take testimony and to administer oaths to any witness in any proceeding or
examination instituted before it or conducted by it with reference to any matter within
its jurisdiction. In all hearings or proceedings before the state fire commission the
evidence of witnesses and the production of documentary evidence may be required at any
designated place of hearing; and in case of disobedience to a subpoena or other process
the state fire commission or any party to the proceedings before the commission may invoke
the aid of any circuit court in requiring the evidence and testimony of witnesses and the
production of papers, books and documents. And such court, in case of refusal to obey the
subpoena issued to any person subject to the provisions of this chapter, shall issue an
order requiring such person to appear before the state fire commission and produce all
books and papers, if so ordered, and give evidence touching the matter in question.
§29-3-8.
Repealed.
Acts, 1992 Reg. Sess., Ch. 194.
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§29-3-9. Powers,
duties and authority of state fire commission and state fire marshal.
(a) The state fire commission may employ personnel, fix
their compensation and, within funds available to do so, incur expenses as necessary in
the performance of the duties of its office.
(b) The state fire commission is responsible for fire
programs within this state, including the state fire marshal's office, training, uniform
standards and certification, finance and planning and fire prevention.
(c) All state and area training and education in fire
service shall be coordinated by the state fire commission. The state fire marshal shall
ensure that these programs are operated throughout the state at a level consistent with
needs identified by the commissioner.
(d) The state fire commission shall develop minimum
training levels for firefighters, minimum levels of equipment needed to protect life and
property within fire service areas, minimum performance standards the departments must
meet in response times, communications, minimum levels of water flow and pressure and
other performance measures as considered necessary to meet the overall goals of improved
fire prevention and control. The state fire commission may make recommendations to the
state insurance commissioner regarding town classifications for fire insurance rates.
(e) The formation of any new fire department, including
volunteer fire departments, requires the concurrence of the state fire commission. The
state fire commission shall develop a method of certification which can be applied to all
fire departments and volunteer fire departments.
(f) The state fire commission shall develop a plan for fire
prevention and control which shall include, but not be limited to, the following areas:
Manpower needs; location of training centers; location of fire prevention and control
units; communications; fire-fighting facilities; water sources; vehicular needs; public
education and information; public participation; standardization in record keeping;
evaluation of personnel; reporting of fire hazards; programs on mutual aid; location of
public safety agencies; outline of fire prevention programs; and accessibility of fire
prevention information.
(g) The state fire commission shall establish fire
protection areas and at such times as funds are available shall establish field offices
for inspection, planning and certification.
(h) The state fire marshal may accept, on behalf of the
state fire commission, gifts, grants, court ordered civil forfeiture proceedings and
bequests of funds or property from individuals, foundations, corporations, the federal
government, governmental agencies and other organizations or institutions. The state fire
marshal, acting on behalf of the state fire commission, may enter into, sign and execute
any agreements and do and perform any acts that may be necessary, useful, desirable or
convenient to effectuate the purposes of this article. Moneys from gifts, grants, civil
forfeiture proceedings and bequests received by the state fire marshal shall be deposited
into the special account set forth in subsection (c), section twelve-b of this article,
and the state fire marshal, with the approval of the state fire commission, has the
authority to make expenditures of, or use of any tangible property, in order to effectuate
the purposes of this article.
§29-3-10. State fire marshal's office
transferred to state fire commission; powers and duties of state insurance commissioner
with respect to fire marshal terminated; operation of commission prior to adoption of
code.
The state fire marshal and the state fire marshal's office,
heretofore existing in this code, are hereby continued in all respects except that all
powers and duties exercised by the state insurance commissioner with respect to the state
fire marshal and the state fire marshal's office are terminated and all such powers and
duties are hereby transferred to and vested in the state fire commission except as
provided otherwise in this article. Until the adoption of a state fire code by the state
fire commission, the state fire marshal shall operate under the authority of this article
and the authority of the rules and regulations heretofore promulgated by the state fire
marshal.
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§29-3-11. Appointment
of state fire marshal; term of office; removal; salary; qualifications; responsibilities;
employees; equipment.
(a) The state fire commission shall appoint a state fire
marshal in accordance with the qualifications approved by the state civil service
commission as provided in article six, chapter twenty-nine of this code. He can be removed
by the commission at any time for neglect of duty or other conduct unbecoming his office
as provided in article six, chapter twenty-nine of this code.
(b) The state fire marshal, within policy established by
the state fire commission, shall have all responsibility for the implementation of fire
safety programs in this state designated to minimize fire hazards and disaster and loss of
life and property from these causes. These responsibilities include, but are not limited
to, the establishment and enforcement of fire safety practices throughout the state,
preventive inspection and correction activities, coordination of fire safety programs with
volunteer and paid fire departments and critical analysis and evaluation of West
Virginia's fire loss statistics for determination of problems and solutions.
(c) The state fire marshal may employ such technical,
clerical, stenographic and other personnel and fix their compensation and may incur such
expenses as may be necessary in the performance of the duties of his office within the
appropriation therefor. Employees of the fire marshal's office shall be members of the
state civil service system, and all appointments of the office shall be a part of the
classified service under the civil service system.
Further, any individual who is employed to conduct criminal
investigations or who may become actively involved in matters of a criminal nature shall
first be required to pass a civil service examination testing his or her competency and
proficiency in the law of arrest, search and seizure and other criminal procedures
relating to the powers granted to the state fire marshal pursuant to the provisions of
this article.
(d) The state fire marshal and other personnel of the state
fire marshal's office shall be provided with appropriate office space, furniture,
equipment, supplies, stationery and printing in the same manner as provided for other
state agencies.
§29-3-12. Powers and duties
of state fire marshal.
(a) Enforcement of laws. -- The state fire marshal
shall enforce all laws of the state having to do with:
(1) Prevention of fire;
(2) The storage, sale and use of any explosive, combustible
or other dangerous article in solid, flammable liquid or gas form;
(3) The installation and maintenance of equipment of all
sorts intended to extinguish, detect and control fires;
(4) The means and adequacy of exit, in case of fire, from
buildings and all other places in which persons work, live or congregate from time to time
for any purpose, except buildings used wholly as dwelling houses for no more than two
families;
(5) The suppression of arson.
(b) Assistance upon request. -- Upon request, the
state fire marshal shall immediately assist any chief of any recognized fire company or
department.
(c) Enforcement of regulations. -- The state fire
marshal shall enforce the regulations promulgated by the state fire commission as
authorized by section three of this article.
(d) Inspections generally. -- The state fire marshal
shall inspect all state, county and municipally owned institutions, all public and private
schools, theaters, churches and other places of public assembly as to fire exits and
reasonable safety standards and report his findings and recommendations to the proper
administrative heads.
(e) Right of entry. -- The state fire marshal may at
all reasonable hours enter any building or premises, other than dwelling houses, for the
purpose of making an inspection, which he may deem necessary to be made under the
provisions of this article.
(f) Investigations. -- The state fire marshal may at
any time investigate as to the origin or circumstances of any fire or explosion or attempt
to cause fire or explosion occurring in the state. The state fire marshal shall have the
authority at all times of the day or night, in performance of the duties imposed by the
provisions of this article, to investigate where any fires or attempt to cause fires shall
have occurred, or which at the time may be burning. Notwithstanding the above provisions
of this subsection, prior to entering any building or premises for the purposes of such
investigation, the state fire marshal shall obtain a proper search warrant: Provided,
That the same shall not be necessary where there is permissive waiver or the state fire
marshal is an invitee of the individual having legal custody and control of the property,
building or premises to be searched.
(g) Testimony. -- The state fire marshal, in making
an inspection or investigation, when in his judgment such proceedings are necessary, may
take the statements or testimony under oath of all persons who may be cognizant of any
facts or have any knowledge about the matter to be examined and inquired into, and may
have the statements or testimony reduced to writing; and shall transmit a copy of such
statements or testimony so taken to the prosecuting attorney for the county wherein the
fire or explosion or attempt to cause a fire or explosion occurred. Notwithstanding the
above, no person shall be compelled to testify or give any such statement under this
subsection.
(h) Arrests; warrants. -- The state fire marshal,
any full-time deputy fire marshal or any full-time assistant fire marshal employed by the
state fire marshal pursuant to section eleven of this article is hereby authorized and
empowered:
(1) To arrest any person anywhere within the confines of
the state of West Virginia, or have him arrested, for any violation of the arson-related
offenses of article three, chapter sixty-one of this code or of the explosives-related
offenses of article three-e of chapter sixty-one of this code: Provided, That any
and all persons so arrested shall be forthwith brought before the magistrate or circuit
court.
(2) To make complaint in writing before any court or
officer having jurisdiction and obtain, serve and execute an arrest warrant when knowing
or having reason to believe that anyone has committed an offense under any provision of
this article, of the arson-related offenses of article three, chapter sixty-one of this
code, or of the explosives-related offenses of article three-e of chapter sixty-one of
this code. Proper return shall be made on all arrest warrants before the tribunal having
jurisdiction over such violation.
(3) To make complaint in writing before any court or
officer having jurisdiction and obtain, serve and execute a warrant for the search of any
premises that may possess evidence or unlawful contraband relating to violations of this
article, of the arson-related offenses of article three, chapter sixty-one of this code,
or of the explosives-related offenses of article three-e of chapter sixty-one of this
code. Proper return shall be made on all search warrants before the tribunal having
jurisdiction over such violation.
(i) Witnesses and oaths. -- The state fire marshal
is empowered and authorized to issue subpoenas and subpoenas duces tecum to compel the
attendance of persons before him to testify in relation to any matter which is, by the
provision of this article, a subject of inquiry and investigation by the state fire
marshal and cause to be produced before him such papers as he may require in making such
examination. The state fire marshal is hereby authorized to administer oaths and
affirmations to persons appearing as witnesses before him. False swearing in any matter or
proceeding aforesaid shall be deemed perjury and shall be punishable as such.
(j) Deputizing members of fire departments in this
state. -- The state fire marshal may deputize a member of any fire department, duly
organized and operating in this state, who is approved by the chief of his department and
who is properly qualified, to act as his assistant for the purpose of making inspections
with the consent of the property owner or the person in control of such property and such
investigations as may be directed by the state fire marshal, and the carrying out of such
orders as may be prescribed by him, to enforce and make effective the provisions of this
article and any and all regulations promulgated by the state fire commission under
authority of this article: Provided, That in the case of a volunteer fire
department, only the chief thereof or his single designated assistant may be so deputized.
(k) Written report of examinations. -- The state
fire marshal shall, at the request of the county commission of any county or the municipal
authorities of any incorporated municipality in this state, make to them a written report
of the examination made by him regarding any fire happening within their respective
jurisdictions.
(l) Report of losses by insurance companies. -- It
shall be the duty of each fire insurance company or association doing business in this
state, within ten days after the adjustment of any loss sustained by it that exceeds
fifteen hundred dollars, to report to the state fire marshal, upon forms furnished by him,
such information regarding the amount of insurance, the value of the property insured and
the amount of claim as adjusted, as in the judgment of the state fire marshal it is
necessary for him to know. This report is in addition to any such information required by
the state insurance commissioner. Upon the request of the owner or insurer of any property
destroyed or injured by fire or explosion, or in which an attempt to cause a fire or
explosion may have occurred, the state fire marshal shall make a written report to the
person requesting the same of the result of the examination made by him regarding the
property.
(m) Issuance of permits and licenses. -- The state
fire marshal is authorized to issue permits and licenses as required in this article.
(n) Issuance of citations for fire and life safety
violations. -- The state fire marshal, any full-time deputy fire marshal, and any
full-time assistant fire marshal are hereby authorized, and any person deputized pursuant
to subsection (j) of this section who is approved by the chief of his department and who
is properly qualified, may be authorized by the state fire marshal, to issue citations, in
their respective jurisdictions, for fire and life safety violations of the state fire code
and as provided for by the rules promulgated by the state fire commission in accordance
with article three, chapter twenty-nine-a of this code: Provided, That a summary
report of all citations issued pursuant to this section by persons deputized under
subsection (j) of this section shall be forwarded semiannually to the state fire marshal
in such form and containing such information as he may by regulation require, including
the violation for which the citation was issued, the date of issuance, the name of the
person issuing the citation and the person to whom the citation was issued. The state fire
marshal may at any time revoke the authorization of a person deputized pursuant to
subsection (j) of this section to issue citations, if in the opinion of the state fire
marshal, the exercise of such authority by such person is inappropriate.
Violations for which citations may be issued include, but
are not limited to:
(1) Overcrowding places of public assembly;
(2) Locked or blocked exits in public areas;
(3) Failure to abate a fire hazard;
(4) Blocking of fire lanes or fire department connections;
and
(5) Tampering with, or rendering inoperable except during
necessary maintenance or repairs, on-premise firefighting equipment, fire detection
equipment and fire alarm systems.
No person deputized pursuant to subsection (j) of this
section may be authorized to issue a citation unless that person has satisfactorily
completed a law-enforcement officer training course designed specifically for fire
marshals. The course shall be approved by the law-enforcement training subcommittee of the
governor's committee on criminal justice and highway safety and the state fire commission.
In addition, no person deputized pursuant to subsection (j) of this section may be
authorized to issue a citation until evidence of liability coverage of such person has
been provided, in the case of a paid municipal fire department by the municipality wherein
the fire department is located, or in the case of a volunteer fire department, by the
county commission of the county wherein the fire department is located or by the
municipality served by such volunteer fire department, and that evidence of liability
coverage has been filed with the state fire marshal.
(o) Penalties for violations. -- Any person who
violates any fire and life safety regulation of the state fire code shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars
or imprisoned in the county jail not more than ninety days, or both fined and imprisoned.
Each and every day during which any illegal erection,
construction, reconstruction, alteration, maintenance or use continues after knowledge or
official notice that same is illegal, shall be deemed a separate offense.
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§29-3-12a. Responsibilities of
insurance companies in fire loss investigation.
(a) The fire marshal, any assistant fire marshal or any
investigator under the authority of the fire marshal may request any insurance company
investigating a fire loss of real or personal property to release any information in its
possession relative to that loss. The company shall release the information and cooperate
with any official authorized to request such information pursuant to this section. The
information shall include, but is not limited to:
(1) Any policy in force;
(2) Any application for a policy;
(3) Premium payment records;
(4) History of previous claims;
(5) Material relating to the investigation of the loss,
including statements of any person, proof of loss and any other relevant evidence.
(b) Any insurance company shall notify the fire marshal, if
it has reason to believe, based on its investigation of a fire loss to real or personal
property, that the fire was caused by other than accidental means. The company shall
furnish the fire marshal with pertinent information acquired during its investigation and
cooperate with the courts and administrative agencies of the state, and any official
mentioned, or referred to, in subsection (a) of this section.
(c) In the absence of fraud, no insurance company or person
who furnishes information on its behalf, shall be liable for any oral or written statement
or any other action necessary to supply information required pursuant to this section.
(d) Any information furnished pursuant to this section
shall be held in confidence until such time as its release may be required pursuant to a
criminal proceeding.
(e) Any official mentioned, or referred to, in subsection
(a) of this section may be required to testify as to any information in his possession
regarding the fire loss of real or personal property in any civil action in which any
person seeks recovery under a policy against an insurance company for the fire loss.
§29-3-12b. Fees.
(a) The state fire marshal may establish fees in accordance
with the following:
(1) For blasting. -- Any person storing, selling or using
explosives shall first obtain a permit from the state fire marshal. Such permit shall be
valid from the first day of July through the thirtieth day of June of the succeeding year
beginning on the first day of July, one thousand nine hundred eighty-nine. The state fire
marshal may charge a fee not to exceed fifty dollars for such permit.
(2) For inspections of schools or day care facilities. --
The state fire marshal may charge a fee of up to twenty-five dollars per annual inspection
for inspection of schools or day care facilities: Provided, That only one such fee may be
charged per year for any building in which a school and a day care facility are
co-located: Provided, however, That any school or day care facility may not be charged for
an inspection more than one time per twelve-month period.
(3) For inspections of hospitals or nursing homes. -- The
state fire marshal may charge an inspection fee of up to one hundred dollars per annual
inspection of hospitals or nursing homes: Provided, That any hospital or nursing home may
not be charged for an inspection more than one time per twelve-month period.
(4) For inspections of personal care homes or board and
care facilities. -- The state fire marshal may charge an inspection fee of up to fifty
dollars per annual inspection for inspections of personal care homes or board and care
facilities: Provided, That any personal care home or board and care facility may not be
charged for an inspection more than one time per twelve-month period.
(5) For inspections of residential occupancies. -- The
state fire marshal may charge an inspection fee of up to one hundred dollars for each
inspection of a residential occupancy. For purposes of this subdivision, "residential
occupancies" are those buildings in which sleeping accommodations are provided for
normal residential purposes.
(6) For inspections of mercantile occupancies. -- The state
fire marshal may charge an inspection fee of up to one hundred dollars for inspections of
mercantile occupancies: Provided, That if such inspection is in response to a complaint
made by a member of the public, the state fire marshal shall obtain from the complainant
an advance inspection fee of twenty-five dollars. This fee shall be returned to the
complainant if, after the state fire marshal has made the inspection, he or she finds that
the complaint was accurate and justified, and he or she shall thereafter collect an
inspection fee of up to one hundred dollars from the mercantile occupancy. If, after the
inspection has been performed, it appears to the state fire marshal that such complaint
was not accurate or justified, the state fire marshal shall keep the twenty-five dollar
advance inspection fee obtained from the complainant and may not collect any fees from the
mercantile occupant. For purposes of this section, "mercantile occupancy"
includes stores, markets and other rooms, buildings or structures for the display and sale
of merchandise.
(7) For business occupancies. -- The state fire marshal may
charge an inspection fee of up to one hundred dollars for inspections of business
occupancies: Provided, That the provisions in subdivision (6) of this section shall apply
regarding complaints by members of the public. For purposes of this section,
"business occupancies" are those buildings used for the transaction of business,
other than mercantile occupancies, for the keeping of accounts and records, and similar
purposes.
(8) For inspections of assembly occupancies. -- The state
fire marshal may charge an inspection fee not more than one time per twelve-month period
for the inspection of assembly occupancies. The inspection fee shall be assessed as
follows: For Class C assembly facilities, an inspection fee not to exceed fifty dollars;
for Class B assembly facilities, an inspection fee not to exceed seventy-five dollars; and
for Class A facilities, an inspection fee not to exceed one hundred dollars.
For purposes of this subdivision, an "assembly
occupancy" includes, but is not limited to, all buildings or portions of buildings
used for gathering together fifty or more persons for such purposes as deliberation,
worship, entertainment, eating, drinking, amusement or awaiting transportation. For
purposes of this section, a "Class C assembly facility" is one that accommodates
fifty to three hundred persons; a "Class B facility" is one which accommodates
more than three hundred persons but less than one thousand persons; and a "Class A
facility" is one which accommodates more than one thousand persons.
(b) The state fire marshal may collect the following fees
for the fire safety review of plans and specifications for new and existing construction.
Such fees shall be paid by such party or parties receiving the review.
(1) Structural barriers and fire safety plans review. --
The fee is one dollar for each one thousand dollars of construction cost up to the first
one million dollars. Thereafter, the fee is forty cents for each one thousand dollars of
construction cost.
(2) Sprinkler system review. -- The fee charged for the
review of an individual sprinkler system is as follows: Number of heads: One to two
hundred -- eighty-five dollars; two hundred one to three hundred -- one hundred dollars;
three hundred one to seven hundred fifty -- one hundred twenty dollars; over seven hundred
fifty -- one hundred twenty dollars plus ten cents per head over seven hundred fifty.
(3) Fire alarm systems review. -- The fee charged for the
review of a fire alarm system is fifty dollars for each ten thousand square feet of space
with a fifty dollar minimum charge.
(4) Range hood extinguishment system review. -- The fee is
twenty-five dollars per individual system reviewed.
(5) Carpet specifications. -- The fee for carpet review and
approval is twenty dollars per installation.
(c) All fees authorized and collected pursuant to this
article and article three-b of this chapter shall be paid to the state fire marshal and
thereafter deposited into a special account for the operation of the state fire commission
in administering this article and article three-b of this chapter. The Legislature shall
appropriate the moneys in said account by a specific numbered account in the budget bill.
Beginning on the first day of July, one thousand nine hundred ninety-two, and every fiscal
year thereafter, at the end of each fiscal year there shall be transferred from the
special account, to the general revenue fund of the state, ten percent of all money
collected by the fire marshal during the year: Provided, That any balance remaining in the
special account at the end of any fiscal year, after the transfer of the ten percent,
shall be reappropriated to the next fiscal year: Provided, however, That in addition to
said ten percent, amounts collected which are found from time to time to exceed the funds
needed for purposes for which the fees are collected may be transferred to other accounts
or redesignated for other purposes by appropriation of the Legislature.
(d) If the owner or occupant of any occupancy arranges a
time and place for an inspection with the state fire marshal and is not ready for the
occupancy to be inspected at the appointed time and place, the owner or occupant thereof
shall be charged the inspection fee provided in this section unless at least forty-eight
hours prior to the scheduled inspection the owner or occupant requests the state fire
marshal to reschedule such inspection. In the event a second inspection is required by the
state fire marshal as a result of the owner or occupant failing to be ready for the
inspection when the state fire marshal arrives, the state fire marshal shall charge the
owner or occupant of such occupancy the inspection fees set forth above for each
inspection trip required.
TOP
§29-3-13. Annual reports.
The state fire commission shall transmit annually to the
governor by October thirty-first of each year, an annual report of its activities for the
preceding fiscal year. The annual reports shall include documents pertaining to the
function and operation of the state fire administrator's office and the state fire
marshal's office for the preceding fiscal year.
§29-3-14. Maintenance of fire hazard;
order for repair or demolition; order to contain notice to comply and right to appeal.
(a) No person shall erect, construct, reconstruct, alter,
maintain or use any building, structure or equipment or use any land in such a way to
endanger life or property from the hazards of fire or explosion, or in violation of any
regulation, or any provision or any change thereof promulgated by the state fire
commission under the authority of this article.
(b) Whenever the state fire marshal determines that any
building or structure has been constructed, altered or repaired in a manner violating any
regulation lawfully promulgated by the state fire commission prior to the commencement of
such construction, alteration or repairs; or whenever he may determine that any building
or structure constitutes a fire hazard by reason of want of repair, age or dilapidated or
abandoned condition, or otherwise, and is so situated as to endanger other buildings and
property; or whenever he may find in any building or upon any premises any combustible,
flammable or explosive substance or material, or other conditions dangerous to the safety
of persons occupying the building or premises and adjacent premises or property, he may
make reasonable orders in writing, directed to the owner of such building, structure or
premises, for the repair or demolition of such building or structure, or the removal of
the combustible, flammable or explosive substance or material, as the case may be, and the
remedying of any conditions found to be in violation of a regulation promulgated as
aforesaid or to be dangerous to the safety of persons or property.
A true copy of every order of the state fire marshal as
provided for in this section shall be filed in the county where the premises are totally
or partially located, with the county clerk who shall index and record the order in the
general lien book. Upon filing, the order constitutes notice of such proceedings to all
persons or parties thereafter having dealings involving said property.
A statement of the expenses and administrative charges
shall also be filed with the county clerk, recorded and indexed in the general lien book
and upon filing, shall become a lien against the property. Thereafter a court supervised
sale of the property to enforce the collection of the expenses and administrative charges
may be prosecuted at the request of the state fire marshal, state fire commission or the
attorney general.
Every order provided for in this section shall contain a
notice that compliance therewith shall be required within a period of thirty days from the
date of issuance thereof and also that any person desiring to contest the validity of any
such order may enter an appeal from such order to the state fire commission and then to
the circuit court in the county where the premises are totally or partially located as
provided in section eighteen of this article.
§29-3-15. Service of repair or
demolition order.
The written order of the state fire marshal made pursuant
to section fourteen of this article shall be served by delivering a true copy thereof to
such owner, or, if the owner is absent from the state or his whereabouts be unknown to the
state fire marshal, by mailing a true copy thereof by certified mail to the said owner's
last known post-office address, or if no such address be known, then by certified mail to
said owner in care of general delivery at the post office serving the community in which
said premises lie; the delivering or mailing of such order to be accomplished within five
days from the date of the issuance of such order. And in the event it is necessary to mail
a copy of such order as aforesaid, the officer mailing the same shall also, within five
days from the date of issuance of such order, post a true copy thereof in a conspicuous
place on the door or other prominent entrance to said premises.
§29-3-16. Work to be done at expense
of owner or occupant upon failure to comply with repair or demolition order; action to
recover.
In the event any owner of any building or premises served
with a copy of an order as provided in sections fourteen and fifteen of this article shall
fail substantially to comply with such order within thirty days from the date of issuance
thereof, or within thirty days after any appeal from such order has been affirmed by the
state fire commission or by the court, the state fire marshal may enter into and upon the
premises affected by such order and cause the building, structure or premises to be
repaired, torn down, materials removed and all dangerous conditions to be remedied, as the
case may be, at the expense of the owner and with any administrative charges as
established by the commission also being borne by the owner, and if such person shall fail
or neglect to repay the state fire marshal the expense and administrative charge thereby
incurred by him, within thirty days after written demand shall have been delivered or
mailed to the said owner as provided in section fifteen of this article, the state fire
marshal is hereby authorized to bring an action in the name of the state to recover such
expenses, with interest, and any administrative charge as established by the commission,
in any court of competent jurisdiction.
Upon a determination by the state fire marshal that the
provisions of sections fourteen and fifteen of this article have not been met, and that
such property constitutes a hazard to health or public safety, in lieu of initiating an
order as therein provided, the state fire marshal may notify the county commission or the
county health officer in order that they may perform their duties pursuant to section
three-ff, article one, chapter seven of this code. The fire marshal may also, in lieu
thereof, notify the municipality where the property is located so that the municipality
may perform its duties pursuant to section fourteen, article twelve, chapter eight of this
code.
§29-3-16a. Smoke detectors in one- and
two-family dwellings; carbon monoxide detectors in residential units; penalty.
(a) On or before the first day of July, one thousand nine
hundred ninety-one, an operational smoke detector shall be installed in the immediate
vicinity of each sleeping area within all one- and two-family dwellings, including any
"manufactured home" as that term is defined in subsection (j), section two,
article nine, chapter twenty-one of this code. Such smoke detector shall be capable of
sensing visible or invisible particles of combustion and shall meet the specifications and
be installed as provided for in the National Fire Protection Association Standard 74,
"Standard for the Installation, Maintenance and Use of Household Fire Warning
Equipment", 1989 edition, and in the manufacturer's specifications. When activated,
the smoke detector shall provide an alarm suitable to warn the occupants of the danger of
fire.
(b) The owner of each dwelling described in subsection (a)
of this section shall provide, install and replace the operational smoke detectors
required by this section. So as to assure that the smoke detector continues to be
operational, in each dwelling described in subsection (a) of this section which is not
occupied by the owner thereof, the tenant in any such dwelling shall perform routine
maintenance on the smoke detectors within such dwelling.
(c) Where a dwelling is not occupied by the owner and is
occupied by an individual who is deaf or hearing impaired, the owner shall, upon written
request by or on behalf of such individual, provide and install a smoke detector with a
light signal sufficient to warn the deaf or hearing-impaired individual of the danger of
fire.
(d) An automatic fire sprinkler system installed in
accordance with the National Fire Protection Association Standard 13D, "Standard for
the Installation of Sprinkler Systems in Residential Occupancies", 1989 edition, may
be provided in lieu of smoke detectors.
(e) After investigating a fire in any dwelling described in
subsection (a) of this section, the local investigating authority shall issue to the owner
a smoke detector installation order in the absence of the required smoke detectors.
(f) After the first day of July, one thousand nine hundred
ninety-eight, an operational carbon monoxide detector with a suitable alarm shall be
installed in accordance with the manufacturer’s direction:
(1) In any newly constructed residential unit which has a
fuel-burning heating or cooking source, including, but not limited to, an oil or gas
furnace or stove;
(2) In any residential unit which is connected to a newly
constructed building, including, but not limited to, a garage, storage shed or bar, which
has a fuel-burning heating or cooking source, including, but not limited to, an oil or gas
furnace or stove.
(g) When repair or maintenance work is undertaken on a
fuel-burning heating or cooking source or a venting system in an existing residential
unit, the person making the repair or performing the maintenance shall inform the owner or
lessor of the unit of the dangers of carbon monoxide poisoning and recommend the
installation of a carbon monoxide detector.
(h) Any person who violates any provision of this section
is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than
fifty dollars nor more than one hundred dollars.
(i) A violation of this section shall not be deemed by
virtue of such violation to constitute evidence of negligence or contributory negligence
or comparative negligence in any civil action or proceeding for damages.
(j) A violation of this section shall not constitute a
defense in any civil action or proceeding involving any insurance policy.
(k) Nothing in this section shall be construed to limit the
rights of any political subdivision in this state to enact laws imposing upon owners of
any dwelling or other building described in subsection (a) or (f) of this section a
greater duty with regard to the installation, repair and replacement of the smoke
detectors or carbon monoxide detectors than is required by this section.
TOP
§29-3-16b. Use of live trees in public
buildings; exceptions.
Notwithstanding any other provision of law to the contrary,
live trees may be displayed in public buildings if the trees are not decorated with
electrical lights or are decorated with U.L. approved miniature lights. The provisions of
this section do not apply to public buildings used for education, health care, nursing
homes or correctional facilities.
§29-3-17. Additional remedies to
abate, etc., fire hazards.
In case any building, structure or equipment is or is
proposed to be erected, constructed, reconstructed, altered, maintained or used, or any
land is or is proposed to be used in such a way to endanger life or property from the
hazards of fire or explosion or in violation of this article or of any regulation or
provision of any regulation, or change thereof promulgated by the state fire commission
under the authority granted by this article, the state fire commission, the state fire
marshal or the attorney general may, in addition to other remedies provided by law,
institute injunction, mandamus, abatement or any other appropriate action or actions,
proceedings to prevent, enjoin, abate or remove such unlawful erection, construction,
reconstruction, alteration, maintenance or use.
§29-3-18. Appellate procedure
generally.
(a) Appeals to the state fire commission may be taken by
any person aggrieved by an order or decision of the state fire marshal based upon or made
in the course of the administration or enforcement of the provisions of this article.
Appeals to the state fire commission may be taken by any officer, department, board or
agency of the state and political subdivisions thereof adversely affected by an order or
decision of the state fire marshal in the course of the administration or enforcement of
the provisions of this article.
(b) The time within which such appeal must be made, and the
effect, form or other procedure relating thereto, including the appointment and function
of a hearing examiner, shall be as specified in regulations promulgated by the state fire
commission in accordance with provisions of the administrative procedure act, chapter
twenty-nine-a of this code.
(c) Any party aggrieved by a final decision of the state
fire commission is entitled to judicial review as provided in the administrative procedure
act, chapter twenty-nine-a of this code. The state fire marshal is hereby determined to be
a party aggrieved as to any decision of the state fire commission reversing or altering
the prior order of the state fire marshal and the state fire marshal shall be a necessary
party to any judicial review involving a state fire marshal order.
§29-3-19. Establishment of
demonstration buildings and equipment for educational instruction in fire prevention and
protection; payment therefor.
The state fire marshal is authorized to establish for
educational purposes in public and private schools and state educational institutions
demonstration buildings and equipment for fire prevention and protection, and such
expenditures therefor shall be made from the funds appropriated therefor to the office of
the state fire marshal.
§29-3-20. Allowance for reporting
fires; when allowance not granted.
There shall be paid to the fire department making the
report the sum of ten dollars for each fire reported to, and in compliance with
regulations of, the state fire marshal.
All chiefs of fire departments who receive a stated salary
or are paid a stated sum for each fire fought, and mayors of municipalities who receive a
stated salary exceeding twenty dollars per year, shall be precluded from receiving any
extra allowance for the reports mentioned in this section.
§29-3-21. False alarm of fire;
penalties.
No person shall make, turn in or telephone, or by use of
any means or methods of communication aid or abet in the making or turning in of, any
alarm of fire which he knows to be false at the time of making or turning in the alarm.
§29-3-22. Tax on insurance companies.
Every insurance company doing business in this state,
except farmers' mutual fire insurance companies, shall pay to the state insurance
commissioner annually on or before the first day of March, in addition to the taxes now
required by law to be paid by such companies, one half of one percent of the net direct
premium receipts of such companies on insurance against the hazard of fire and on that
portion of all other net direct premiums reasonably applicable to insurance against the
hazard of fire which are included in other coverages, and received by it for insurance on
property or risks in this state during the calendar year next preceding as shown by their
annual statement under oath to the insurance department. The money so received by the
state insurance commissioner shall be paid by him into the treasury and credited to the
state general revenue fund.
In the event of a controversy as to the proper
determination of the premium base on which this tax is to be computed, a hearing may be
had by the state insurance commissioner on the application of any interested person,
corporation or association, which hearing shall be held after reasonable notice. Any party
aggrieved by a final decision of the state insurance commissioner is entitled to judicial
review as provided in the administrative procedure act, chapter twenty-nine-a of this
code.
§29-3-23. "Fireworks"
defined; labels required.
The term "fireworks" means and includes any
combustible or explosive composition, or any substance or combination of substances, or
article prepared for the purpose of producing a visible or an audible effect by
combustion, explosion, deflagration or detonation and shall include blank cartridges, toy
pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of
unmanned balloons which require fire underneath to propel the same, firecrackers,
torpedoes, skyrockets, roman candles, daygo bombs or other fireworks of like construction
and any fireworks containing any explosive or flammable compound or any tablets or other
device containing any explosive substance, except that the term "fireworks"
shall not include:
Model rockets and model rocket engines, designed, sold and
used for the purpose of propelling recoverable acro models and shall not include toy
pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured
in accordance with the United States department of transportation regulations for packing
and shipping of toy paper or plastic caps are used and toy paper or plastic caps
manufactured as provided therein, the sale and use of which shall be permitted at all
times. Each package containing toy paper or plastic caps offered for retail sale shall be
labeled to indicate the maximum explosive content per cap.
The following sparklers and novelties shall not be
considered fireworks and require a business registration fee be paid to be authorized to
sell, as provided for in section eighty-six, article twelve, chapter eleven of this code:
(1) Explosive caps designed to be fired in toy pistols,
provided that the explosive mixture of the caps shall not exceed twenty-five hundredths of
a grain for each cap.
(2) Snake and glow worms composed of pressed pellets of a
pyrotechnic mixture that produce a large snake-like ash when burning.
(3) Smoke devices consisting of a tube or sphere containing
a pyrotechnic mixture that produces white or colored smoke.
(4) Trick noisemakers which produce a small report designed
to surprise the user and which include:
(a) A party popper, which is a small plastic or paper item
containing not in excess of twenty-five hundredths of a grain of explosive mixture. A
string protruding from the device is pulled to activate the device, expelling paper
streamers and producing a small report.
(b) A string popper which is a small tube containing not in
excess of twenty-five hundredths of a grain of explosive mixture with string protruding
from both ends. The strings are pulled to activate the friction-sensitive mixture,
producing a small report.
(c) A snapper or drop pop, which is a small paper wrapped
item containing no more than twenty-five hundredths of a grain of explosive mixture coated
on small bits of sand. When dropped, the device produces a small report.
(5) Wire sparklers consisting of wire or stick coated with
nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition. These
items must not exceed one hundred grams of mixture per item.
(6) Other sparkling devices which emit showers of sparks
and sometimes a whistling or crackling effect when burning, do not detonate or explode,
are hand-held or ground-based, cannot propel themselves through the air and contain not
more than seventy-five grams of chemical compound per tube or not more than a total of two
hundred grams if multiple tubes are used: Provided, That sparklers and sparkler
devices as provided for herein shall not be sold to anyone below the age of sixteen years
old.
§29-3-24. Unlawful sale, possession or
use of fireworks; permit for public display.
Except as hereinafter provided, no person, firm,
co-partnership or corporation shall offer for sale, possess, expose for sale, sell at
retail, keep with intent to sell at retail, or use or explode any fireworks: Provided,
That the state fire marshal may adopt reasonable rules and regulations for the granting of
permits for the supervised displays of fireworks by municipalities, fair associations,
amusement parks, and other organizations or groups of individuals. The state fire marshal
shall have the authority to charge a fee of ten dollars to each applicant requesting a
license to be a pyrotechnic operator as set forth in this article. The state fire marshal
shall charge a scaled fee for all applications requesting permits to establish a
pyrotechnics display as provided in this section. All fees required to be paid by the
provisions of this section shall be paid to the state fire marshal and thereafter
deposited by him into a special account for the operation of the state fire commission.
Such permits may be granted upon application to said state fire marshal and after approval
of the local police and fire authorities of the community wherein the display is proposed
to be held as provided herein and the filing of a bond by the applicant as provided
hereinafter. Every such display shall be handled by a competent operator licensed or
certified as to competency by the state fire marshal and shall be of such composition,
character, and so located, discharged or fired as in the opinion of the chief of the fire
department, after proper inspection, and of the chief of police as to not be hazardous to
property or endanger any person or persons. After such privilege shall have been granted,
the sale, possession, use and distribution of fireworks for such display shall be lawful
for that purpose only. No permit granted hereunder shall be transferable.
The governing body or chief executive authority of the
municipality shall require a bond from the licensee in a sum not less than one thousand
dollars conditioned on compliance with the provisions of this article and the regulations
of the state fire commission: Provided, That no municipality shall be required to file
such bond.
Before any permit for a pyrotechnic display shall be
issued, the person, firm or corporation making application therefor shall furnish proof of
financial responsibility to satisfy claims for damages to property or personal injuries
arising out of any act or omission on the part of such person, firm or corporation or any
agent or employee thereof, in such amount, character and form as the state fire marshal
determines to be necessary for the protection of the public.
TOP
§29-3-25. Interstate sale and
shipment; permitted uses.
No permit shall be issued under the provisions of this
article to a nonresident person, firm or corporation for conduct of a pyrotechnic display
in this state until such person, firm or corporation shall have appointed in writing a
member of the bar of this state and residing therein to be his attorney upon whom all
process in any action or proceeding against him may be served.
Nothing in this article shall be construed to prohibit any
resident wholesaler, dealer or jobber to sell at wholesale such fireworks as are not
herein prohibited or the sale of any kind of fireworks provided the same are to be shipped
directly out of state in accordance with regulations of the United States department of
transportation covering the transportation of explosives and other dangerous articles by
motor, rail and water, or the use of fireworks by railroads or other transportation
agencies for signal purposes or illumination, or the sale or use of blank cartridges for a
show or theater, or for signal or ceremonial purposes in athletics or sports, or for use
by military organizations, or the use of fireworks for agricultural purposes under
conditions approved by the local authority.
§29-3-26. Seizures by fire marshal;
enforcement of law.
The state fire marshal shall seize, take, remove and
destroy, or cause to be seized, taken or removed and destroyed, at the expense of the
owner, all stocks of fireworks or combustibles offered or exposed for sale, stored or held
in violation of this article. It shall be the duty of the department of public safety,
sheriffs, municipal policemen and other law-enforcement officers to assist in the
enforcement of this article.
§29-3-27. Penalties.
(a) Any person who violates any regulations promulgated by
the state fire commission as provided in section five of this article, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred
dollars or imprisoned in the county jail not more than ninety days, or both fined and
imprisoned.
Each and every day during which any illegal erection,
construction, reconstruction, alteration, maintenance or use continues after knowledge or
official notice that same is illegal shall be deemed a separate offense.
(b) Any person who violates the provisions of section
twenty-one of this article shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be fined for a first offense not more than one hundred dollars or imprisoned in the
county jail for not more than thirty days, or both fined and imprisoned, and for a second
and each subsequent offense fined not less than one hundred dollars nor more than five
hundred dollars or imprisoned in the county jail for not less than ninety days nor more
than one year, or both fined and imprisoned.
(c) Any officer who shall fail to perform any duty required
of him by this article or who shall violate any of its provisions shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five
dollars nor more than fifty dollars for each failure or violation.
(d) Any person who violates any other provision of this
article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not
more than one hundred dollars, or imprisoned in the county jail not more than ninety days,
or both fined and imprisoned.
§29-3-28. Transfer of certain state
employees; perpetuation of rules, regulations and orders.
(a) All employees, agents or officers of any state agency,
department or commission, the functions of which are transferred to the state fire
commission by the provisions of this article, and whose employment is covered and
protected by the provisions of article six, chapter twenty-nine of this code and the rules
and regulations promulgated by the civil service commission, and whose service is
classified by such provisions, rules and regulations, shall continue in their employment
in all respects and in the same classification, coverage and protection upon the transfer
of such functions from the agency, department or commission by which they were employed to
the state fire commission.
(b) All rules and regulations promulgated and all orders in
effect and all proceedings pending on the effective date of this chapter, which were
promulgated or effected or brought under any authority transferred to the state fire
commission herein created and, as herein provided, shall remain in full effect unless
otherwise provided in this article or until amended, revoked, suspended, modified,
repealed or superseded, as the case may be.
§29-3-29. Construction.
Being in the interest of public safety, the provisions of
this article shall be liberally construed.
§29-3-30. Severability.
If any section, subsection, subdivision, subparagraph,
sentence or clause of this article is adjudged to be unconstitutional or invalid, such
invalidation shall not affect the validity of the remaining portions of this article, and,
to this end, the provisions of this article are hereby declared to be severable.
§29-3-31. Termination of the state
commission.
Pursuant to the provisions of article ten, chapter four of
this code, the state fire commission shall continue to exist until the first day of July,
two thousand one.
ARTICLE 3A.
AUTHORITY OF LOCAL FIRE DEPARTMENTS.
§29-3A-1. Authority of fire officers in charge of fire, service call or other emergency;
definition.
While any fire department recognized or approved by the
West Virginia state fire commission is responding to, operating at or returning from a
fire, fire hazard, service call or other emergency, the fire chief, any other elected or
appointed fire line officer, or any member serving in the capacity of appointed fire line
officer in charge, except on industrial property where trained industrial fire fighting
personnel are present, shall have the authority:
(1) Of controlling and directing fire fighting and fire
control activities at such scene;
(2) To order any person or persons to leave any building or
place in the vicinity of such scene for the purpose of protecting such persons from
injury;
(3) To blockade any public highway, street or private
right-of-way temporarily while at such scene;
(4) To enter the building, structure, enclosure or other
property of any person or persons at any time of the day or night, without liability,
while operating at such scene;
(5) To enter any building, including private dwellings, or
upon any premises where an emergency exists, or where there is reasonable cause to believe
an emergency exists, for the purpose of eliminating the emergency;
(6) To enter any building, including private dwellings, or
premises near the scene of the emergency for the purpose of protecting the building or
premises or for the purpose of eliminating the emergency which is in progress in another
building or premises;
(7) To inspect for preplanning, all buildings, structures
or other places in their fire district, excepting, however, the interior of a private
dwelling, with the consent of the owner or occupant, where any combustible materials,
including waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels,
rubbish or other combustible material that is or may become dangerous as a fire menace to
such building or buildings, structure or other places has been allowed to accumulate or
where such chief or his designated representative has reason to believe that such material
of a combustible nature has accumulated or is liable to be accumulated;
(8) To direct the removal or destroying of any fence,
house, motor vehicle or other thing which may reasonably be determined to be necessary to
be pulled down, destroyed, or removed to prevent the further spread of the fire or
hazardous condition;
(9) To request and be supplied with additional materials
such as sand, treatments, chemicals, etc., and special equipment when dealing with an
accident on a public highway or railroad right-of-way when it is deemed a necessity to
prevent the further spread of the fire or hazardous condition, the cost of which to be
borne by the owner of the instrumentality which caused the fire or hazardous condition;
(10) To order disengagement or discouplement of any convoy,
caravan or train of vehicles, craft or railway cars if deemed a necessity in the interest
of safety of persons or property; and
(11) As used in this article, the term
"emergency" means a situation in which the fire officer in charge knows or in
which a reasonable person would believe that there exists an imminent threat of serious
bodily harm or death to a person or significant damage to property.
§29-3A-2. Person in command at fire
scene may take and preserve certain property; restitution.
The chief of any fire department or company or any other
elected or appointed fire line officer, the fire chief or any member serving in the
capacity of appointed fire line officer in charge of fire fighters at the scene of any
fire is authorized and empowered to take and preserve any property which indicates that
the fire was intentionally set. Any person whose property is so held may petition the
circuit court of the county within which the property was taken for return of the
property, and the court may order restitution upon such conditions as are appropriate for
the preservation of evidence, including requiring the posting of bond.
§29-3A-3. Conducting investigation to
determine cause of fire.
To determine the cause of any fire, the chief of any fire
department or company or other authorized fire fighter may enter the scene of such fire
within a forty-eight hour period after such fire has been extinguished.
If there is evidence that a fire was of incendiary origin,
the fire chief or other authorized fire fighter may control who may enter the scene of
such fire by posting no trespassing signs at such scene for a period of forty-eight hours
after such fire has been extinguished.
During the period that the scene of a fire is posted
against trespassing, no person shall enter such scene, except that an owner, lessee or any
other person having personal property at such scene may enter at any time after such scene
has been declared safe by authorized fire department or company officials to recover or
salvage personal property if said owner, lessee or person is accompanied by or is granted
permission to enter such scene by an authorized fire department or company official.
§29-3A-4. Person attacking or
hindering or obstructing firefighter or emergency equipment; penalties.
(a) It shall be unlawful, while any fire department or
company or firefighter is lawfully exercising or discharging such department's, company's
or firefighter's official duty during an emergency, for any person to:
(1) Attack any firefighter or any of his or her equipment
with any deadly weapon as defined in section two, article seven, chapter sixty-one of this
code, or
(2) Intentionally hinder, obstruct, oppose, or attempt to
hinder, obstruct or oppose, or counsel, advise or invite others to hinder, obstruct or
oppose, any fire department, fire company or firefighter.
(b) Any person violating the provisions of this section is
guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary
not less than one nor more than ten years, or, in the discretion of the court, be confined
in the county jail not more than one year or fined not more than five hundred dollars, or
both fined and imprisoned.
(c) Any person willfully violating any of the provisions of
section one or three of this article is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than one hundred dollars nor more than five hundred
dollars.
(d) Nothing in this article shall be construed to prevent
law-enforcement officials from controlling traffic and otherwise maintaining order at the
scene of a fire.
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ARTICLE 3B. SUPERVISION OF
ELECTRICIANS.
§29-3B-1. Declaration of purpose.
This article is enacted to protect the health, safety and
welfare of the public as well as public and private property by assuring the competence of
those who perform electrical work through licensure by the state fire marshal of the state
fire commission.
§29-3B-2. Necessity of license;
definitions.
After the effective date of this article, no electrical
work may be performed, offered or engaged in for compensation or hire within the state of
West Virginia by any person, firm or corporation unless such person, firm or corporation
possesses a license and a certificate therefor issued by the state fire marshal in
accordance with this article, and a copy of such license is posted on any job in which
electrical work is being performed for hire.
As used in this article:
(a) "Apprentice electrician" means a person with
interest in and an aptitude for performing electrical work but who alone is not capable of
installing wires, conduits, apparatus, equipment, fixtures and other appliances.
(b) "Electrical contractor" means a person, firm
or corporation who engages in the business of electrical work or employs master
electricians, electricians, apprentice electricians or helpers for the construction,
alteration or repair of any electrical wiring, equipment or systems for the purposes of
controlling or furnishing heat, light or power.
(c) "Electrical work" means the installation of
wires, conduits, apparatus, fixtures, other appliances, equipment or systems for
transmitting, carrying, controlling or using electricity for light, heat or power
purposes.
(d) "Journeyman electrician" means a person
qualified by at least four years of electrical work experience to do any work installing
wires, conduits, apparatus, equipment, fixtures and other appliances subject to
supervision by a master electrician.
(e) "License" means a valid and current
certificate of competency issued by the state fire marshal.
(f) "Master electrician" means a person with at
least five years of electrical work experience, including experience in all phases of
electrical wiring and installation, who is competent to instruct and supervise the
electrical work of journeyman electricians and apprentice electricians.
(g) "Specialty electrician" means a person
qualified to perform electrical work in a limited or specialized area.
§29-3B-3. Exemptions; nonapplicability
of license requirements.
This article does not apply to and no license may be
required for (a) a person who performs electrical work with respect to any property owned
or leased by such person; (b) a person who performs electrical work at any manufacturing
plant or other industrial establishment as an employee of the person, firm or corporation
operating such plant or establishment; (c) a person who performs electrical work while
employed by an employer who engages in the business of selling appliances at retail, so
long as such electrical work is performed incident to the installation or repair of
appliances sold by the employer; (d) a person who, while employed by a public utility or
its affiliate, performs electrical work in connection with the furnishing of public
utility service; or (e) any government employee performing electrical work on government
property.
§29-3B-4. Licenses; classes of
licenses; issuance of licenses by commissioner; qualifications required for license;
nontransferability and nonassignability of licenses; expiration of license; renewal;
reciprocity.
(a) The following four classes of license may be issued by
the state fire marshal: "Master electrician license," "journeyman
electrician's license," "apprentice electrician license" and
"temporary electrician license." Additional classes of specialty electrician
license may be issued by the state fire marshal.
(b) The state fire marshal shall issue the appropriate
class of license to a person, firm or corporation upon a finding that such person, firm or
corporation possesses the qualifications for the class of license to be issued.
(c) The qualifications for each class of license to be
issued are as follows:
(1) For a "master electrician license" a person
must have five years of experience in electrical work of such breadth, independence and
quality that such work indicates that the applicant is competent to perform all types of
electrical work and can direct and instruct journeyman electricians and apprentice
electricians in the performance of electrical work. Such applicant, or a member of a firm
or an officer of a corporation if the applicant be a firm or corporation, must also pass
the master electrician examination given by the state fire marshal with a grade of eighty
percent correct or better;
(2) For a "journeyman electrician's license," a
person must have at least four years of experience in performing electrical work under the
direction or instruction of a master electrician or must have completed a formal
apprentice program, or an electrical vocational education program of at least one thousand
eighty hours in length and approved by the state board of education or its successor,
providing actual electrical work experience and training conducted by one or more master
electricians. Such applicant must also pass the journeyman electrician's examination given
by the state fire marshal with a grade of eighty percent correct or better;
(3) For an "apprentice electrician license," a
person must pass the apprentice electrician's examination given by the state fire marshal
with a grade of eighty percent correct or better or be enrolled in an electrical
apprentice program approved by the state fire marshal;
(4) A one time temporary master or journeyman electrician
license of ninety-days duration may be issued to an applicant providing the applicant has
completed a United States department of labor/bureau of apprenticeship and training
registered electrical apprenticeship program, or an electrical vocational education
program of at least one thousand eighty hours in length and approved by the state board of
education or its successor, and have at least four years of experience in performing
electrical work and furnishes the state fire marshal with satisfactory evidence of
electrical work;
(5) Other specialty electrician license may be issued by
the state fire marshal which limits the work in a limited area of expertise. Such
applicant must pass the specialty electrician's examination given by the state fire
marshal with a grade of eighty percent correct or better.
(d) (1) Certificates of license for a master electrician's
license issued by the state fire marshal shall specify the name of the person, firm or
corporation so qualifying and the name of the person, who in the case of a firm shall be
one of its members and in the case of a corporation shall be one of its officers, passing
the master electrician examination.
(2) Licenses issued to electricians shall specify the name
of the person who is thereby authorized to perform electrical work or, in the case of
apprentice electricians, to work with other classes of electricians to perform electrical
work.
(e) No license issued under this article is assignable or
transferable.
(f) All licenses issued by the state fire marshal shall
expire on the thirtieth day of June following the year of issue or renewal.
(g) (1) Each expiring license may be renewed without need
for examination and without limit as to the number of times renewed, for the same class of
license previously issued and for the same person, firm or corporation to whom it was
originally issued upon payment to the state fire marshal of a renewal fee of fifty dollars
if such application for renewal and payment of such fee is made before the date of
expiration of the license.
(2) In the case of a failure to renew a license on or
before the thirtieth day of June the person named in the license may, upon payment of the
renewal fee and an additional fee of fifteen dollars, receive from the state fire marshal
a deferred renewal of such license which shall expire on the thirtieth day of June in the
ensuing year. No person, firm or corporation may perform electrical work upon expiration
of such person's, firm's or corporation's license until a deferred renewal for such
license is issued by the state fire marshal even if such person, firm or corporation has
applied for the deferred renewal of such license.
(h) To the extent that other jurisdictions provide for the
licensing of electricians, the state fire marshal may grant the same or equivalent
classification of license without written examination upon satisfactory proof furnished to
the state fire marshal that the qualifications of such applicant are equal to the
qualifications required by this article and upon payment of the required fee: Provided,
That as a condition to reciprocity, the other jurisdictions must extend to licensed
electricians of this state, the same or equivalent classification.
(i) In addition to any other information required, the
applicant’s social security number shall be recorded on any application for a license
submitted pursuant to the provisions of this section.
§29-3B-5. Rules; applications and
examinations; fees.
(a) The state fire marshal shall promulgate necessary rules
pursuant to the provisions of chapter twenty-nine-a of this code to implement the
provisions of this article. Rules adopted by the state fire marshal and presently in
effect shall remain in effect until and unless the state fire marshal adopts new rules,
and the state fire marshal may adopt any or all of the rules presently in effect.
(b) The state fire marshal shall prepare and arrange for
the receipt of applications from those who intend to perform electrical work in the state
of West Virginia. Such application shall be sufficiently detailed to enable the state fire
marshal to determine the presence or absence of an applicant's qualifications for a
license of a particular class. The state fire marshal may, if he considers it necessary,
require applicants to supply affidavits or other documents attesting to the applicant's
qualifications from past employers, other electricians, engineers and others with
knowledge of the applicant's qualifications. The state fire marshal may make such other
inquiries as he considers necessary to determine the qualifications of the applicant. An
applicant expressly consents to such inquiries by the state fire marshal by his
application.
(c) The state fire marshal shall prepare and arrange for
the giving of examinations to all applicants for licensure. There shall be a separate and
different examination for each class of license, appropriate in subject matter, difficulty
and depth of understanding for each class. All examinations shall be based on and derived
from the national electric code as promulgated from time to time by the national fire
protection association. A minimum grade of eighty percent correct for all examinations is
necessary for licensure by the state fire marshal. The examinations shall be given at
least four times each year. The places, dates and times of such examinations shall be made
known by public notice issued by the state fire marshal. The state fire marshal may
contract with the bureau of vocational, technical and adult education, state department of
education, to perform such examinations.
(d) Each person desiring to take an examination shall make
written application therefor at the time designated by and on forms prescribed by the
state fire marshal. The applicant shall specify the class of license for which he seeks
licensure. The application shall be accompanied by an examination fee of twenty-five
dollars for licenses for master electrician or journeyman electrician, or by an
examination fee of ten dollars for an apprentice electrician license applicant or
twenty-five dollars for a specialty license. The fee is not returnable.
(e) An applicant who fails to make the required passing
score on any examination or who lacks qualifications for the class of license desired may
retake the examination or change his application to request a license of a lesser class
upon the payment to the state fire marshal of a fee of ten dollars together with a new
application. Any reexamination may be taken or new application may be submitted as many
times as the applicant desires, but each such examination or application requires the
payment of the additional fee of ten dollars and the making of a new application to the
state fire marshal. When the examination is successfully passed and the requisite
qualifications are established by the applicant, the state fire marshal shall issue the
appropriate license as provided above.
§29-3B-6. License without examination;
fees.
(a) An applicant who is enrolled in a formal electrical
apprenticeship program and registered with the United States department of labor/bureau of
apprenticeship and training or enrolled in an electrical vocational education program of
at least one thousand eighty hours in length and approved by the state board of education
or its successor shall not be required to take the apprentice examination described in
section five of this article for one hundred eighty days, provided a one time temporary
license shall be issued for one hundred eighty days. Such applicant is required to submit
a completed application on forms prescribed by the state fire marshal accompanied by the
appropriate license fee.
(b) Such applicant who is exempt from testing is
nevertheless required to submit a complete application on forms prescribed by the state
fire marshal accompanied by a license fee of twenty-five dollars.
(c) Such license issued by the state fire marshal upon
application without examination expires and is eligible for renewal as provided in section
four of this article.
§29-3B-7. Denial of license;
suspension and revocation of license.
(a) The state fire marshal shall deny a license to any
applicant who fails to make a passing grade on the examination or who fails to establish
or who lacks the necessary qualifications for a license for the class of license desired.
(b) The state fire marshal may upon complaint or his own
inquiry, after notice and hearing as provided by article five, chapter twenty-nine-a of
this code, suspend or revoke the license of any person who holds a license if:
(1) The license was granted upon an application or
documents supporting such application which materially misstated the terms of the
applicant's qualifications or experience;
(2) Such person subscribed or vouched for such misstatement
by an applicant;
(3) Such person incompetently or unsafely performs
electrical work;
(4) Such person violated any statute of the state of West
Virginia, any rule lawfully promulgated by an agency of the state of West Virginia or any
ordinance of any municipality or county of the state of West Virginia which protects the
consumer or public against unfair, unsafe, unlawful or improper business practices; or
(5) Such person fails to comply with any rule of the state
fire marshal promulgated to fulfill his responsibilities under this article.
(c) Any person aggrieved by an order or decision of the
state fire marshal under this article is entitled to judicial review as provided by
section eighteen, article three of this chapter and by chapter twenty-nine-a of this code.
§29-3B-8. Effect of noncompliance with
article; failure to obtain license.
Any person, firm, corporation or employee thereof, or any
representative, member or officer of such firm or corporation, individually, entering upon
or engaging in the business of performing any electrical work as defined in this article,
without obtaining the required license or otherwise complying with this article, is for
the first offense guilty of a misdemeanor, and, upon conviction thereof, shall be fined
not more than one hundred dollars. For a second and each subsequent offense, the penalty
and punishment is a fine of not less than one hundred dollars nor more than five hundred
dollars.
Each day during which such electrical work is performed
without the required license or while in noncompliance with any of the provisions of this
article, after official notice that such work is unlawful, is a separate offense.
Any electrical work performed by a person, firm or
corporation which is determined by the state fire marshal to constitute a safety or health
hazard to members of the public or any electrical work of an extensive nature being
performed by any person without the required license or otherwise in noncompliance with
the requirements of this article or contrary to an order or rule promulgated lawfully by
the state fire marshal, is subject to being issued a citation or a civil action in the
name of the state in the circuit court of the county where such work is being performed
for an injunction against such person, firm or corporation, enjoining such work or
violation. A circuit court by mandatory or prohibitory injunction may compel compliance
with the provisions of this article, with the lawful orders of the state fire marshal and
with any final decision of the state fire marshal or state fire commission. The state fire
marshal shall be represented in all such proceedings by the attorney general or his
assistants.
§29-3B-9. Nonapplicability of local
ordinances; exclusive license.
After the effective date of this article no municipality,
local government or county may require any license or other evidence of competence as an
electrician from any person, firm or corporation who or which holds a valid and current
license issued pursuant to this article, as a condition precedent to permission for the
performance of electrical work in such municipality, local government jurisdiction or
county.
§29-3B-10. Disposition of fees, fines
and other receipts.
All fees or other moneys received as a result of actions
under this article shall be paid to the state fire marshal. Such receipts shall be
deposited by him in a special account with the state treasurer for the use of the state
fire marshal in administering this article as provided in subsection(c), section twelve-b,
article three of this chapter.
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