ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 198
(Senators Fanning, Hunter, Jenkins, Oliverio, McKenzie, Yoder, Unger and
Barnes, original sponsors)
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[Passed April 9, 2005; in effect ninety days from passage.]
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AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-3-16c, relating
to establishing safety standards for bed and breakfast
establishments; providing findings relating to the need for
special fire code standards for bed and breakfasts; defining
the term "bed and breakfast establishment"; providing
exemption from certain fire code standards; establishing fire
safety standards for bed and breakfasts; authorizing the Fire
Commission to promulgate rules; authorizing variance from
certain requirements; and authorizing Division of Culture and
History to provide recommendations regarding historical
preservation of structures.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §29-3-16c, to read as
follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-16c. Safety standards for bed and breakfast establishments;
findings.
(a)
Findings. -- Bed and breakfast establishments provide a
unique and important contribution to the state, allowing visitors
the opportunity to enjoy many of the aspects of our communities and
state not available at hotels and motels and often provide
vacationers access to overnight accommodation in areas of this
state that would not otherwise be available. These operations
continue to grow in number and importance in our state's economy
and must be promoted and encouraged by state and local government.
Most of these facilities are older residences being converted to
this use, and in many cases have architectural and historical
significance, and, as with most small businesses, are begun with
limited capital available for investment. Any fire safety code
standards applicable to these facilities must be sensitive to this
distinction and avoid placing a large financial burden on persons
operating or planning to operate these facilities. Further, the
personal safety of those who live in and visit these facilities is
of paramount importance and requires that consideration be made to
assure that adequate safety requirements are placed on these
facilities to provide for the safety of visitors, residents and, in an emergency, responding firefighters and rescue workers.
(b)
Definition. -- For the purposes of this section, the term
"bed and breakfast establishment" means a building occupied as a
one-family dwelling unit that provides sleeping accommodations and
breakfast to transient guests for a single fee and does not offer
more than six guest rooms to no more than twelve guests.
(c)
Fire code standards. -- Notwithstanding any provision of
this code to the contrary, every bed and breakfast establishment
shall be exempt from provisions of fire safety code requirements
which are contrary to the following standards:
(1) Each bed and breakfast shall have operational smoke alarms
in all common areas, guest rooms and hallways and heat detectors as
otherwise required by this code or rule of the Fire Commission.
Battery-powered smoke alarms shall be permitted where the
establishment has demonstrated that the testing, maintenance and
battery replacement procedures will ensure reliable power to the
smoke alarms. Notwithstanding any provision of this code to the
contrary, no smoking will be allowed inside a bed and breakfast
establishment.
(2) Each bed and breakfast shall have operational hard-wired,
battery-powered or plug-in emergency lighting that indicate
available means of egress. Battery-powered or plug-in emergency
lighting devices shall be permitted where the establishment has
demonstrated that the testing, maintenance and battery replacement procedures will ensure reliable power to the emergency lighting
devices.
(3) Each guest floor shall have a primary and a secondary
means of egress. A door leading directly from a guestroom outside
the building with access to grade, or a stairway which is covered
or enclosed, or a covered balcony or deck with a stairway to grade
are acceptable secondary means of egress. A bed and breakfast with
third-floor guest rooms must have an accessible second stairway
leading from the third floor to grade. Any bed and breakfast
establishment with a sprinkler system which otherwise meets the
requirements of this section and the state fire safety and building
codes is exempt from the requirement of a secondary means of
egress. A bed and breakfast establishment which offers three or
fewer guest rooms on the first or second floor only, and
accommodates no more than six guest occupants at one time, is
exempted from the secondary means of egress requirement;
(4) The state Fire Commission shall permit bed and breakfast
establishments that cannot readily comply with the requirements of
a legislative rule, which may mandate the installation of a
secondary means of escape or a sprinkler system, one year per floor
of the establishment to comply with the requirements.
(5) All other provisions of the state fire safety code not
inconsistent with this section and rules promulgated pursuant to
subsection (d) of this section are applicable to bed and breakfast establishments.
(d) Legislative rules. -- The state Fire Commission shall
promulgate or amend an existing legislative rule, in accordance
with the provisions of article three, chapter twenty-nine-a of this
code, to effectuate the provisions of this section. The rule shall
include a mechanism for the Fire Commission to grant individual
variances to bed and breakfast establishments which cannot
otherwise meet provisions of the state fire safety code due to the
historic and architectural significance of the establishment with
due consideration of the economic limitations inherent in the
operation of this type of small business.
(e) Historic preservation review. -- The owner of a bed and
breakfast may request the historical preservation section of the
Division of Culture and History, pursuant to section eight, article
one of this chapter, to consult with the owner and provide a
recommendation to the Fire Commission regarding the historic
character of the structures used or proposed to be used as a bed
and breakfast and any objections or concerns regarding any
renovations or other changes required by the Fire Commission or
Fire Marshal. If an appeal regarding a decision made by the Fire
Marshal is made to the Commission as provided by section eighteen
of this article, the Commission shall consider the recommendation
of the historical preservation section when making a determination
regarding the variance as provided for in subsection (d) of this section.