COMMITTEE SUBSTITUTE
FOR
H.B. 2222
(By Delegates Brown, D. Poling, Talbott,
Miley, Overington and Sobonya)
(Originating in the Committee on the Judiciary)
[March 24, 2009]
A BILL to amend and reenact article 6, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the Department of
Military Affairs and Public Safety and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the Department of Military
Affairs and Public Safety; authorizing certain of the agencies
to promulgate certain legislative rules in the form that the
rules were filed in the State Register; authorizing certain of
the agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; authorizing certain
of the agencies to promulgate certain legislative rules as
amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative
Rule-Making Review Committee and as amended by the Legislature; authorizing the Regional Jail and Correctional
Facility Authority to promulgate a legislative rule relating
to criteria and procedures for determination of projected cost
per day for inmates incarcerated in regional jails operated by
the Authority;
authorizing the Fire Commission to promulgate
a legislative rule relating to the standards for the
certification and continuing education of municipal, county
and other public building code officials, building code
inspectors and plans examiners
; and
authorizing the State Fire
Marshal to promulgate a legislative rule relating to the
supervision of fire protection work
.
Be it enacted by the Legislature of West Virginia:
That article 6, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 6. AUTHORIZATION FOR THE DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. Regional Jail and Correctional Facility Authority.
The legislative rule filed in the state register on the
eighteenth day of January, two thousand eight, authorized under the
authority of section ten, article twenty, chapter thirty-one, of
this code, modified by the Regional Jail and Correctional Facility
Authority to meet the objections of the legislative rule-making
review committee and refiled in the state register on the ninth day
of January, two thousand nine, relating to the Regional Jail and
Correctional Facility Authority (criteria and procedures for determination of projected cost per day for inmates incarcerated in
regional jails operated by the authority, 94 CSR 7), is authorized,
with the following amendments:
On page 1, subsection 2.2,
by deleting the last sentence and
inserting in lieu thereof the following:
"In calculating the schedule, the Authority may include moneys
for an operational reserve fund: Provided, That moneys budgeted for
the operational reserve fund may not exceed the amount of actual
operational expenditures incurred during a three month period in
the preceding fiscal year; Provided, however, That such three month
period must be the three month period with the lowest operational
expenditures for any three month period in the preceding fiscal
year."
.
§64-6-2. Fire Commission.
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand eight, authorized under
the authority of section five, article three, chapter twenty-nine,
of this code, modified by the Fire Commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of February,
two thousand nine, relating to the Fire Commission (standards for
the certification and continuing education of municipal, county and
other public building code officials, building code inspectors and
plans examiners, 87 CSR 7), is authorized,
with the following
amendments:
On page 2, by striking subdivision 3.2.a in its entirety and
inserting in lieu thereof the following:
"3.2.a. Building Code Official. - To be certified as a
'Building Code Official' a person must:
(1) Complete the following courses:
(A) 01 CBO Legal & Management and 02 CBO Technology; or
(B) 01 CBO Legal & Management and B1 Residential Building
Inspector, B2 Commercial Building Inspector, M1 Residential
Mechanical Inspector, E1 Residential Electrical Inspector, E2
Commercial Electrical Inspector, P1 Residential Plumbing Inspector
and P2 Commercial Plumbing Inspector; or
(2) Be certified as a Certified Building Code Official (CBCO)
by successfully completing the following examinations: B1
Residential Building Inspector; B2 Commercial Building Inspector;
B3 Residential Plans Examiner; 01 Legal and Management; and 02 CBO
Technology; or
(3) Complete an equivalent certification by an examination
authority accepted by the State Fire Commission; or
(4) Be licensed by the State of West Virginia as a
Professional Engineer or Professional Architect.";
On page 4, subsection 6.1., by striking, "government body" and
inserting in lieu thereof the words, "government entity"; and,
And,
On page 4, subsection 6.3., by striking the words, "government
body" and inserting in lieu thereof the word, "government entity"
.
§64-6-3. State Fire Marshal.
The legislative rule filed in the state register on the sixth
day of August, two thousand eight, authorized under the authority
of section four, article three-d, chapter twenty-nine, of this
code, modified by the State Fire Marshal to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighteenth day of February, two thousand
nine, relating to the State Fire Marshal (supervision of fire
protection work, 103 CSR 3), is authorized.