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Introduced Version House Bill 2382 History

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HB2382 intr
H. B. 2382


          (By Delegates Fleischauer and Marshall)
          [Introduced February 13, 2013; referred to the
          Committee on the Judiciary.]




A BILL to amend and reenact §29-3-5 of the Code of West Virginia, 1931, as amended, relating to the Fire Prevention and Control Act; providing that all fire alarm systems, including all components, shall be electronically supervised; and providing an exception for existing lodging and rooming houses as defined by the State Fire Code.
Be it enacted by the Legislature of West Virginia:
     That §29-3-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5. Promulgation of Regulations and State Fire Code.

     (a) The State Fire Commission may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for the safeguarding of life and property from the hazards of fire and explosion. The rules, 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 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 shall propose and promulgate comprehensive rules for the safeguarding of life and property from the hazards of fire and explosion to be known as the State Fire Code. Rules 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 have the force and effect of law in the several counties, municipalities and political subdivisions of the state. Whenever any new or revised code or standard is adopted by the fire codes published by the National Fire Protection Association, the State Fire Commission may propose and promulgate revised rules reflecting such updated codes and standards: Provided, That the 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 the historic structures; and shall coordinate with the Director of the Archives and History Division the application of the rules 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 in section five, article one of this chapter, which compliance alternatives shall take into account the historic integrity of the 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 the state law, county or municipal ordinance or regulation of any agency thereof governs, if they are not inconsistent with the laws of West Virginia and are not contrary to recognized standards and good engineering practices: Provided, That on and after July 1, 2010, if a municipal or county fire ordinance or regulation of any agency thereof is more stringent or imposes a higher standard than is required by the State Fire Code, it must be presented for review and approval and sanctioned for use by the West Virginia State Fire Commission. 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 rules by officials of the state, counties, municipalities and political subdivisions of the state.    
     (d) Notwithstanding any other provision of the code, all fire alarm systems, including all components, shall be electronically supervised. However, existing lodging and rooming houses as defined by the State Fire Code, shall be permitted to use low-power wireless supervision in accordance with Standard 6.16 of the National Fire Protection Association's National Fire Code and otherwise permitted under successive provisions within The National Fire Codes.


     NOTE: The purpose of this is to provide that all fire alarm systems, including all components, shall be electronically supervised. It provides the exception that existing lodging and rooming houses as defined by the State Fire Code, be permitted to use low-power wireless supervision in accordance with Standard 6.16 of the National Fire Protection Association's National Fire Code published by the National Fire Protection Association, and permitted by successive provisions within The National Fire Codes.

     Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added
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