H. B. 2798
(By Delegates Mezzatesta, Michael,
Stemple and Williams)
[Introduced March 8, 2001; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section twenty-three, article three,
chapter seventeen-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
sections nine, twelve, twelve-b and sixteen-a, article three,
chapter twenty-nine of said code; to amend and reenact
sections one, three, four and ten, article three-e, chapter
sixty-one of said code; and to further amend said article
three-e by adding thereto two new sections, designated
sections three-a and three-b, all relating to the office of
the state fire marshal; providing for state license plates for
vehicles operated by the state fire marshal; providing for an
unlimited number of Class A license plates for the state fire
marshal and the division of protective services; clarifying
the powers, duties and authority of the state fire commission
and the state fire marshal; creating a special account in the
state treasury for gifts, grants and donations to the state fire marshal; providing for legislative appropriation of the
account; providing that the state fire marshal with the
authority to own, lease or buy personal property; providing
authority for the state fire marshal to fingerprint and
perform background checks in conjunction with licensing or
permitting of explosives and in conjunction with the duties of
the state fire marshal; clarifying the powers and duties of
the state fire marshal; providing for confiscation of
contraband by the state fire marshal; providing that the state
fire marshal may assist other law-enforcement agencies when so
requested; clarifying the inspection powers of the state fire
marshal; providing for entry upon property or into structures;
clarifying that the state fire marshal and deputy state fire
marshals may carry firearms; increasing criminal penalties for
violations of the fire and life safety code; providing for the
assessment and disposition of jail fees; deleting the
requirement that ten percent of all fees collected by the
state fire marshal be transferred from special revenue;
providing that the fire marshal may set fees by legislative
rule; setting forth effective date; correcting and updating
reference to the National Fire Protection Standards; adding
definitions to the criminal law involving explosives;
providing definitions for weapon of mass destruction, toxin
and biological agent; providing that possession of a weapon of
mass destruction, biological agent or toxin is illegal; setting forth the crime of illegal permitting of blasting;
setting forth criminal penalties; setting forth the crimes of
possession or use of destructive devices, explosive materials,
weapon of mass destruction, toxin, biological agent or
incendiary devices by persons convicted of domestic or family
violence; providing for the crime of wanton endangerment by
fire, weapon of mass destruction, biological agent or toxin.
Be it enacted by the Legislature of West Virginia:
That section twenty-three, article three, chapter seventeen-a
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that sections nine, twelve,
twelve-b and sixteen-a, article three, chapter twenty-nine of said
code be amended and reenacted; that sections one, three, four and
ten, article three-e, chapter sixty-one of said code be amended and
reenacted; and that said article three-e be further amended by
adding thereto two new sections, designated sections three-a and
three-b,
all to read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-23. Registration plates to state, county, municipal and
other governmental vehicles; use for undercover
activities.
Any motor vehicle designed to carry passengers, owned or
leased by the state of West Virginia, or any of its departments,
bureaus, commissions or institutions, except vehicles used by the
governor, treasurer, three plates per elected office of the board
of public works, vehicles operated by the state police, vehicles
operated by conservation officers of the division of natural
resources,
not to exceed ten vehicles operated by the arson
investigators of vehicles operated by the office of state fire
marshal and not to exceed sixteen vehicles operated by inspectors
of the office of the alcohol beverage control commissioner, may not
be operated or driven by any person unless it has displayed and
attached to the front thereof, in the same manner as regular motor
vehicle registration plates are attached, a plate of the same size
as the regular registration plate, with white lettering on a green
background bearing the words "West Virginia" in one line and the
words "State Car" in another line, and the lettering for the words
"State Car" shall be of sufficient size to be plainly readable from
a distance of one hundred feet during daylight.
The vehicle shall also have attached to the rear a plate
bearing a number and any other words and figures as the
commissioner of motor vehicles shall prescribe. The rear plate
shall also be green with the number in white.
On registration plates issued to vehicles owned by counties,
the color shall be white on red with the word "County" on top of
the plate and the words "West Virginia" on the bottom. On any registration plates issued to a city or municipality, the color
shall be white on blue with the word "City" on top, and the words
"West Virginia" on the bottom. The colors may not be reversed and
shall be of reflectorized material. The registration plates issued
to counties, municipalities and other governmental agencies
authorized to receive colored plates hereunder shall be affixed to
both the front and rear of the vehicles.
The commissioner is authorized to designate the colors and
design of any other registration plates that are issued without
charge to any other agency in accordance with the motor vehicle
laws.
Upon application and payment of fees, the commissioner is
authorized to issue a maximum of five Class A license plates per
applicant to be used by county sheriffs and municipalities on
law-enforcement vehicles while engaged in undercover
investigations.
The commissioner is authorized to issue an unlimited number of
license plates per applicant to authorized drug and violent crime
task forces in the state of West Virginia when the chairperson of
the control group of a drug and violent crime task force signs a
written affidavit stating that the vehicle or vehicles for which
the plates are being requested will be used only for official
undercover work conducted by a drug and violent crime task force.
The commissioner is authorized to issue twenty Class A license
plates to the criminal investigation division of the department of tax and revenue for use by its investigators.
The commissioner may issue a maximum of
ten fifteen Class A
license plates to the division of natural resources for use by
conservation officers.
The commissioner may issue an unlimited
number of Class A license plates to the office of the state fire
marshal. The commissioner may issue an unlimited number of Class
A plates to the division of protective services for its use.
The
commissioner shall designate the color and design of the
registration plates to be displayed on the front and the rear of
all other state-owned vehicles owned by the division of natural
resources and operated by conservation officers.
The commissioner is authorized to issue an unlimited number of
Class A license plates to the commission on special investigations
for state-owned vehicles used for official undercover work
conducted by the commission on special investigations.
No other registration plate may be issued for, or attached to,
any state-owned vehicle.
The commissioner of motor vehicles shall have a sufficient
number of both front and rear plates produced to attach to all
state-owned cars. The numbered registration plates for the
vehicles shall start with the number "five hundred" and the
commissioner shall issue consecutive numbers for all state-owned
cars.
It is the duty of each office, department, bureau, commission
or institution furnished any vehicle to have plates as described herein affixed thereto prior to the operation of the vehicle by any
official or employee.
Any person who violates the provisions of this section shall
be guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty dollars nor more than one hundred
dollars.
Magistrates shall have concurrent jurisdiction with circuit
and criminal courts for the enforcement of this section.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§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 a special account
set forth in subsection (c), section twelve-b of this article,
hereby created in the state treasury. Expenditures from this
account may only be made upon appropriation by the Legislature:
Provided, That any unexpended moneys remaining in this account at
the end of a fiscal year remains in this fund to be appropriated in
the next fiscal year. and The state fire marshal with the
approval of the state fire commission, has the authority, upon
appropriation by the Legislature, to make expenditures of, or use
of any tangible property, in order to effectuate the purposes of
this article.
(i) The state fire marshal may own, buy or lease any real or personal property necessary to effectuate the provisions of this
article.
(j) The state fire marshal, and his or her designees, may
require applicants for blasting or explosive permits to be
fingerprinted for the purpose of performing a criminal background
check. The finger prints shall be submitted to the state
identification bureau for submission to the federal bureau of
investigation for a national check. The state fire marshal shall
receive the criminal history record check from the federal bureau
of investigation.
§29-3-12. Powers and duties of state fire marshal.
(a) Enforcement of laws. -- The state fire marshal and all
other persons authorized to enforce the provisions of this chapter
shall be under the supervision and direction of the state fire
marshal in the performance of their duties as herein provided. The
authority, powers and duties of the state fire marshal, his or her
assistants and his or her deputies shall be statewide and they have
authority to 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 or articles 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;
and
(6) Do all things necessary to carry into effect the
provisions of this chapter, including, but not limited to,
confiscating any materials, chemicals, item, personal property or
anything which is in direct violation of the state fire code.
(b) Assistance upon request. -- Upon request, the state fire
marshal shall immediately assist any chief of any recognized fire
company or department. Upon request, the state fire marshal and
any full-time fire marshals may assist any federal law-enforcement
officer, state police officer, conservation officer or any county
or municipal law-enforcement officer in the lawful execution of the
law-enforcement duties of the requesting officer: Provided, That
the state fire marshal or any full-time fire marshal assisting the
law-enforcement officer is at all times working under the direct
supervision of the federal law-enforcement officer, state police
officer, conservation officer or county or municipal
law-enforcement officer.
(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 structures and facilities subject to the provisions of the state fire code and this article, including, but not limited
to, state, county and municipally owned institutions, all public
and private schools, health care facilities, theaters, churches and
other places of public assembly as to fire exits and reasonable
safety standards and report his findings for compliance with the
state fire code. 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
or she may deem consider necessary to be made under the provisions
of this article. The state fire marshal or any deputy or assistant
state fire marshal may enter upon any property, or enter any
conveyance, building, structure or premises for the purpose of
ascertaining compliance with the conditions set forth in any permit
or license issued by the office of the state fire marshal.
(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 has 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
explosions or attempt to cause fires or explosions 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 or her 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 or her 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;
(4)
To carry firearms and concealed weapons if he or she has
successfully completed a training program for firearms
certification, which is the equivalent of that required of deputy
sheriffs, and he or she has been authorized to do so by the state fire marshal. Any state fire marshal, any full-time deputy fire
marshal or any full-time assistant fire marshal authorized by the
state fire marshal has the right, without a state license, to carry
firearms and concealed weapons to the same extent as does a deputy
sheriff.
(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
or her
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
or her
such papers
as he or she 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
or her.
False swearing in any matter or proceeding aforesaid shall be
deemed considered 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
or her
department and who is properly
qualified, to act as his
or her
assistant for the purpose of making
inspections with the consent of the property owner or the person in
control of such the 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
or her,
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 or her
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
or her regarding any fire happening within their respective
jurisdictions.
(l) Report of losses by insurance companies. -- It shall be is
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 or her
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 or her regarding the property.
(m) Issuance of permits and licenses. -- The state fire
marshal is authorized to issue permits, documents 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 or her 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 monthly to the
state fire marshal in such form and containing such information as
he or she
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 the 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 fire fighting
equipment, fire detection equipment and fire alarm systems.
No person deputized pursuant to subsection (j) of this section
may be is 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 the
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
hundred
thousand dollars or imprisoned in the county or regional jail not
more than ninety days, or both fined and imprisoned: Provided,
That any person sentenced to jail hereunder shall be assessed, in
addition to all other costs and fines, a jail fee in an amount not
to exceed fifty dollars for each day he or she is imprisoned in the
county or regional jail: Provided, That all jail fees collected
hereunder shall be paid into the regional jail and correctional
facility development fund in the state treasury.
Each and every day during which any illegal erection,
construction, reconstruction, alteration, maintenance or use
violation of the provisions of this article continues after
knowledge or official notice that same is illegal, shall be deemed
is a separate offense.
§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 The
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 the
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 the
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 the
occupancy
the inspection fees set forth above for each inspection trip
required.
(e) After the first day of January, two thousand one, the
state fire marshal may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to establish a schedule of fees for
services: Provided, That all fees set forth in this section shall
remain in effect until changed by administrative rule.
§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 72, "Standard for the Installation, Maintenance and Use of
Household Fire Warning Equipment," 1989 1996 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 the
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 the
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; and
(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) Any person installing a carbon monoxide detector in a
residential unit shall inform the owner, lessor or the occupant or
occupants of the residential unit of the dangers of carbon monoxide
poisoning and instructions on the operation of the carbon monoxide
detector installed.
(h) 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, lessor or the
occupant or occupants of the unit being served by the fuel-burning
heating or cooking source or venting system of the dangers of
carbon monoxide poisoning and recommend the installation of a
carbon monoxide detector.
(i) 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.
(j) A violation of this section
shall may
not be deemed
considered by virtue of
such the
violation to constitute evidence
of negligence or contributory negligence or comparative negligence
in any civil action or proceeding for damages.
(k) A violation of this section
shall may
not constitute a
defense in any civil action or proceeding involving any insurance
policy.
(l) 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.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 3E. OFFENSES INVOLVING EXPLOSIVES.
§61-3E-1. Definitions.
As used in this article, unless the context otherwise
requires:
(a) "Biological agent" means any microorganism, virus,
infectious substance, or biological product that may be engineered
as a result of biotechnology, or any naturally occurring or
bioengineered component of any microorganism, virus, infectious
substance, or biological product, capable of causing: (1) Death,
disease or other biological malfunction in a human, an animal, a
plant or another living organism; (2) deterioration of food, water,
equipment, supplies or material of any kind; or (3) deleterious
alteration of the environment.
(a) (b) "Destructive device" means any bomb, grenade, mine,
rocket, missile, pipebomb or similar device containing an
explosive, incendiary, explosive gas or expanding gas which is
designed or so constructed as to explode by such filler and is
capable of causing bodily harm or property damage; any combination
of parts, either designed or intended for use in converting any
device into a destructive device and from which a destructive
device may be readily assembled.
"Destructive device" does not include a firearm as such is
defined in section two, article seven of this chapter or model
rockets and their components as defined in section twenty-three,
article three, chapter twenty-nine of this code.
(b) (c) "Explosive material" means any chemical compound, mechanical mixture or device that is commonly used or can be used
for the purpose of producing an explosion and which contains any
oxidizing and combustive units or other ingredients in such
proportions, quantities or packaging that an ignition by fire, by
friction, by concussion, by percussion, by detonator or by any part
of the compound or mixture may cause a sudden generation of highly
heated gases. These materials include, but are not limited to,
powders for blasting, high or low explosives, blasting materials,
blasting agents, blasting emulsions, blasting fuses other than
electric circuit breakers, detonators, blasting caps and other
detonating agents and black or smokeless powders not manufactured
or used for lawful sporting purposes or fireworks defined in
section twenty-three, article three, chapter twenty-nine of this
code which are not used in violation of this article. Also
included are all explosive materials listed annually by the office
of the state fire marshal and published in the state register, said
publication being hereby mandated.
(c) (d) "Hoax bomb" means any device or object that by its
design, construction, content or characteristics appears to be, or
is represented to be or to contain a destructive device, explosive
material or incendiary device as defined in this section, but is,
in fact, an inoperative facsimile or imitation of such a
destructive device, explosive material or incendiary device.
(d) (e) "Incendiary device" means a container containing
gasoline, kerosene, fuel oil, or derivative thereof, or other flammable or combustible material, having a wick or other substance
or device which, if set or ignited, is capable of igniting such
gasoline, kerosene, fuel oil, or derivative thereof, or other
flammable or combustible material: Provided, That no similar
device commercially manufactured and used solely for the purpose of
illumination shall be deemed considered to be an incendiary device.
(e) (f) "Legal authority" means that right as expressly stated
by statute or law.
(f) (g) "Person" shall mean an individual, corporation,
company, association, firm, partnership, society or joint stock
company.
(g) (h) "Storage magazine" is defined to mean any building or
structure, other than an explosives manufacturing building,
approved by the legal authority for the storage of explosive
materials.
(i) "Toxin" means the toxic material of plants, animals,
microorganisms, viruses, fungi or infectious substances, or a
recombinant molecule, whatever its origin or method of production,
including, but not limited to: (1) Any poisonous substance or
biological product that may be engineered as a result of
biotechnology produced by a living organism; or (2) any poisonous
isomer or biological product, homolog or derivative of such a
substance.
(j) "Weapon of mass destruction" means: (1) Any destructive
device as defined in Section 921 of Title 18 of the United States Code; (2) any weapon designed or intended to cause death or serious
bodily injury or disease through the release, dissemination or
impact of toxic or poisonous chemicals or their precursors; (3) any
weapon involving a disease organism; (4) any weapon that is
designed to release radiation or radioactivity at a level dangerous
to human life; or (5) any weapon containing a biological agent or
toxin.
§61-3E-3. Illegal possession of destructive devices, explosive
materials, weapon of mass destruction, biological
agent, toxin or incendiary devices; penalty.
Any person who possesses or manufactures any explosive
material without first obtaining a permit to use explosives from
the office of the state fire marshal or who possesses or
manufacturers any destructive device, weapon of mass destruction,
biological agent, toxin
or incendiary device shall be guilty of a
felony and, upon conviction thereof, shall be committed to the
custody of the division of corrections for not less than one nor
more than ten years or fined not more than five thousand dollars,
or both.
§61-3E-3a. Illegal permitting of blasting, destructive devices,
explosive materials or incendiary devices; penalty.
Any person who permits, or purports to permit any blasting,
destructive devices, explosive materials or incendiary devices
without first ascertaining that the applicant has obtained a valid and current permit to use explosives from the office of the state
fire marshal is guilty of a felony and, upon conviction thereof,
shall be committed to the custody of the division of corrections
for not less than one nor more than ten years or fined not more
than five thousand dollars, or both. It is a bar to prosecution
under this section if the issuer of any such permit has a copy of
the permit issued by the office of the state fire marshal.
§61-3E-3b. Possession of destructive devices, explosive materials,
or incendiary devices by persons convicted of
domestic or family violence offense; penalty.
No person who is subject to a domestic violence protective
order that: (a) Was issued after a hearing of which the person
received actual notice and at which such person had an opportunity
to participate; (b) restrains the person from harassing, stalking
or threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that would
place an intimate partner in reasonable fear of bodily injury to
the partner or child; and (c)(1) includes a finding that the person
represents a credible threat to the physical safety of such
intimate partner or child; or (2) by its terms explicitly prohibits
the use, attempted use or threatened use of physical force against
such intimate partner or child that would reasonably be expected to
cause bodily injury; or has been convicted in any court of a
misdemeanor crime of domestic violence may possess or manufacture
any explosive material, destructive devices, explosive materials or incendiary devices
.
Any person who violates the provisions of this section is
guilty of a felony and, upon conviction thereof, shall be committed
to the custody of the division of corrections for not less than one
nor more than three years or fined not more than one thousand
dollars, or both.
§61-3E-4. Criminal use of destructive device, explosive material,
weapon of mass destruction, biological agent, toxin
or incendiary device; penalty.
Any person who unlawfully and intentionally damages the
property of another or attempts to damage the property of another
by the use of a destructive device, explosive material, weapon of
mass destruction, biological agent, toxin
or incendiary device
shall be guilty of a felony and, upon conviction thereof, shall be
committed to the custody of the division of corrections for not
less than two nor more than ten years, or fined not more than ten
thousand dollars, or both.
§61-3E-10. Wanton endangerment involving destructive devices,
explosive materials, weapon of mass destruction,
biological agent, toxin, or
by fire, or incendiary
devices; penalty.
Any person who wantonly performs any act with a destructive
device, explosive material, weapon of mass destruction, biological
agent, toxin, or
by fire or incendiary device which creates substantial risk of death or serious bodily injury to another shall
be is guilty of a felony and, upon conviction thereof, shall be
committed to the custody of the division of corrections for not
less than two years nor more than ten years or fined not more than
ten thousand dollars, or both fined and imprisoned.
NOTE: The purpose of this bill is to generally enhance the
efficiency of the State Fire Marshal. The bill increases the
number of Class A license plates to the State Fire Marshal. The
bill clarifies the property which may be received by the State Fire
Marshal and clarifies that the State Fire Marshal may take
fingerprints and perform background investigations in conjunction
with licensing persons to use and possess explosives in order to
assure that no criminals have access to explosives.
The bill further clarifies the powers and duties of the State
Fire Marshal; allows confiscation of illegally held explosives and
other illegal substances; clarifies that the State Fire Marshal may
assist other law-enforcement officers when so requested; clarifies
that the State Fire Marshal may enter upon any property to ensure
compliance with the State Fire Code; and clarifies when State Fire
Marshals may carry firearms and sets forth firearm training
requirements to be met in order for State Fire Marshals to carry
firearms.
The bill also increases the criminal penalties for certain
violations and imposes a jail fee for each day someone is
imprisoned. The bill provides that the State Fire Marshal may set
fees by Legislative Rule.
Finally, the bill adds certain definitions to offenses
involving explosives to pick up some of the anti-terrorist
provisions from Federal law, including chemical and biological type
weapons and weapons of mass destruction. The bill makes it a crime
to use and/or possess such weapons. The bill further makes it
illegal for persons convicted of domestic or family violence
penalties to possess destructive devices, explosive materials or
incendiary devices and the bill makes it a crime for anyone to
permit, or purport to permit any use of explosives unless they have
ascertained that the applicant has a permit issued by the State
Fire Marshal.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§61-3E-3a and 3b are new; therefore, strike-throughs and
underscoring have been omitted.
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