H. B. 3224
(By Delegates Proudfoot, Tabb, Perry, Tansill,
Yost, Palumbo and Swartzmiller)
(Originating in the Committee on Political Subdivisions
[March 23, 2005]
A BILL to amend article ten, chapter seventeen of the code of
West Virginia, 1931, as amended, by adding thereto a new
section, designated, §17-10-26, relating to authorizing the
use of blue reflective markers to designate the location of
fire hydrants; authorizing rule-making; approval for use
from appropriate governing body required; cost not required
to be paid by governing body.
Be it enacted by the Legislature of West Virginia:
That article ten, chapter seventeen of the code of West
Virginia, 1931, as amended, be amended by adding thereto a new
section, designated §17-10-26, to read as follows:
ARTICLE 10. COUNTY COURTS; MUNICIPALITIES; GENERAL AUTHORITY AND
DUTIES AS TO ROADS, ETC.
§17-10-26. Blue reflective marker authorized; rule-making
authority; approval of county or city governing
body required; cost not required to be paid by
governing body.
(a) "Blue reflective marker" means, for purposes of this
section, a non-lighted reflective devise which is blue in color
when reflecting light and which conforms to the most recent
edition of the Manual on Uniform Traffic Devices for Streets and
Highways and any other standard which may be adopted by the
Commissioner of Highways and the federal highway administrator.
(b) Notwithstanding any provision of article nineteen of
this chapter to the contrary, the Commissioner of Highways is
authorized to propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code providing for the placement of blue
reflective markers to designate the location of fire hydrants.
The rules shall prescribe the standards for blue reflective
markers and all installation requirements.
(c) No blue reflective markers may be installed in any
municipality or county or part thereof unless the governing body
of the municipality or county has approved the installation. Any
fire department organized or approved by the West Virginia State
Fire Commission may request the governing body of a municipality
or county to approve the installation of blue reflective markers
to indicate the location of fire hydrants located on the public
streets, roads or highways within the municipality or county or
any part thereof. The request shall be in writing and shall state
the location of each of the fire hydrants to be marked with the
blue reflective marker and provide all other information required by the Commissioner of Highways and the governing body.
(d) Nothing contained herein requires the governing body of
a municipality or county to pay for the blue reflective markers
or their installation.
NOTE: The purpose of this bill is authorize the use of blue
reflective markers to designate the locations of fire hydrants.
The section is new, therefore strikethroughs and underlining
have been omitted.
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