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Introduced Version House Bill 2079 History

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H. B. 2079

 

         (By Delegates Fleischauer, Marshall and Martin)

         [Introduced January 12, 2011; 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 shall have the power to promulgate, amend and repeal regulations rules for the safeguarding of life and property from the hazards of fire and explosion pursuant to the provisions of chapter twenty-nine-a of this code. Such regulations, amendments or repeals thereof rules shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection and shall 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, by January 1, 1977, shall promulgate comprehensive regulations rules for the safeguarding of life and property from the hazards of fire and explosion to be known as the State Fire Code. Regulations 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 shall have the force and effect of law in the several counties, municipalities and political subdivisions of the state. Whenever any other state law, county or municipal ordinance or regulation of any fire codes published by the national protection association. Provided, That Such These rules shall be effective as emergency rules when so promulgated until acted upon by the Legislature: Provided, however, That However, 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 said historic structures; and shall coordinate with the Director of the Archives and History Division the application of the rules and regulations 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 However, the State Fire Marshal shall provide compliance alternatives for historic structures and sites as provided for in section five, article one of this chapter, which compliance alternatives shall take into account the historic integrity of said historic structures and sites. Whenever any other state law, county or municipal ordinance or regulation rule of any agency thereof is more stringent or imposes a higher standard than is required by the State Fire Code, the provisions of such state law, county or municipal ordinance or regulation of any agency thereof shall govern, provided they are not inconsistent with the laws of West Virginia and are not contrary to recognized standards and good engineering practices. 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 rule of any agency thereof and determines compliance with state fire regulations 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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