Senate Bill No. 536
(By Senator Fanning)
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[Introduced February 11, 2010; referred to the Committee on
Natural Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact §20-3-5 of the Code of West Virginia,
1931, as amended, relating to forest fire season; clarifying
permitted and prohibited fires;
establishing industrial and
commercial permit and fee; clarifying criminal penalty; and
making technical corrections.
Be it enacted by the Legislature of West Virginia:
That §20-3-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. FORESTS AND WILDLIFE AREAS.
§20-3-5. Forest fire seasons; industrial and commercial permit and
fee; permitted and prohibited fires; fire control
measures; criminal penalty.
(a) Forest fire seasons. The periods of each year between March
1
and through May 31,
inclusive and October 1
and through December
31,
inclusive are
hereby designated as forest fire seasons.
No person shall during any such During any fire season,
no person shall
except between the hours of four o'clock p.m. and seven o'clock a.m.
prevailing time, set on fire or cause to be set on fire any forest
land, or any grass, grain, stubble, slash, debris, or other
inflammable materials,
except between the hours of seven o'clock
p.m. and seven o'clock a.m
., at which time the fire must be
extinguished. Any fire set during this time shall be extinguished
prior to seven o'clock a.m. prevailing time.
(b) Permissible fires. Such prohibition of fires
(1) The following fires are permitted while attended between
seven o'clock a.m. and four seven o'clock p.m.: prevailing time
shall not be construed to include
(1) (A) Small fires set for the purpose of food preparation,
or providing light or warmth around which all grass, brush, stubble,
or other debris has been removed for a distance of ten feet from the
fire; and
(2) (B)
Burning which may be conducted at any time when the
ground surrounding the burning site is covered by one inch or more
of snow.
Any person who sets or causes to be set any fire permitted by
this section shall not leave such fire unattended for any period of
time.
(2) Industrial and commercial permits.
(A) The director or his designated appointees or employees
designee may issue industrial and commercial permits authorizing fires otherwise prohibited by the preceding paragraph. Such permits
may be granted on such conditions and for such periods of time as
the director deems necessary
and noncompliance The permit fee is $125
and shall be deposited in the Division of Forestry Fund.
(B) Noncompliance with any term conditions of the permit shall
be a violation of this section. Any permit which was obtained
through willful misrepresentation shall be is invalid and violates
this section.
(C) All Permit holders shall take all necessary and adequate
precautions to confine and control any fire permitted by the
authorization; failure fires authorized by the permit. Failure to
take such action shall be a violation of this section and shall be
justification for the director or his duly authorized representative
to cancel to revoke the permit.
(c) Fire control. When the director considers it necessary to
prevent danger from fire to life or property, he may, with the prior
(1) With approval of the Governor, the director may prohibit
the starting of and require the extinguishment of any fire in any
area designated area, including fires permitted by this section.
by the director, and such action may include any fire for which a
permit has been issued under the preceding paragraph. In addition,
if so deemed necessary, the director may, with the prior
(2) With approval of the Governor, the director may designate any forest area as a danger area, and prohibit entry, thereon or use
thereof except for the purposes and on the conditions he designates
and declare conditional uses and prohibited areas of the forest by
proclamation at any time of the year. The director by proclamation
shall establish such areas and designate which fires are prohibited
therein; and if a danger area is established, he shall announce the
purposes for which and conditions under which entry thereon or use
thereof may be made. Action hereunder may be taken by the director
at any time during the year. Notice of any proclamation hereunder
The proclamation shall be furnished to newspapers, radio stations
and television stations which that serve the designated area
designated. The proclamation shall not be and shall become
effective after twenty-four hours. effective until twenty-four hours
after it is proclaimed. Any The proclamation hereunder shall remain
in force remains in effect until the director, with the approval of
the Governor, by order terminates it. The order shall designate the
time of termination, and notice of any such the order shall be
furnished to each newspaper, radio station and television station
which that received a copy of the proclamation. Any person who
starts or fails to extinguish a fire so prohibited or enters or uses
a danger area otherwise than permitted shall be guilty of a
violation of this section.
(3) No burning allowed by this section may be done unless
Burning is not permitted by this section until all inflammable
material has been removed from around the material to be burned as and a safety strip established of at least for a distance which
insures that the fire will not escape and which is no less than ten
feet to ensure that the fire will not escape. Any person or his
agent or employee who sets or causes to be set any fire at any time
in the use and occupation of any land on which the burning was being
done is in violation of this section if fire escapes beyond the
safety strip and shall be guilty of a misdemeanor.
(d) Criminal penalty: A person or entity that violates a
provision of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $100 and not more
than $500 for each violation.
NOTE: The purpose of this bill is to establish industrial and
commercial permits and fee. The bill further clarifies permitted
and prohibited fires, the misdemeanor penalty for violating the
section, and makes technical corrections.
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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