H. B. 4338
(By Delegates Fleischauer, Marshall,
Shook, Beach)
[Introduced February 4, 2010
; referred to the
Committee on Energy, Industry and Labor, Economic Development and
Small Business then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-3-5c, relating to
the Fire Prevention and Control Act; requiring blasting
contractors to notify the State Fire Marshal and local
property owners before blasting; rule-making authority; and
certain rights of neighboring property owners.
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 §29-3-5c, to read as
follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5c. Explosive blasting requirements; notice rule-making.
(a) All contractors, subcontractors and their respective
agents and employees must provide the State Fire Marshal and local
property owners with thirty days notice of any proposed explosive
blasting. Included with the notice to the State Fire Marshal, the contractor shall also provide all relevant information concerning
the blasting, including, but not limited to, type and amount of
explosive, the type of information provided to local property
owners, the names and addresses of those individuals, the need for
the blasting, alternatives to the use of explosives, names and
qualifications of the person or persons performing the blasting
duties and the potential impact of the blasting on the surrounding
area, including the subsurface. This information shall be part of
the public record.
(b) The State Fire Marshal must approve all blasting projects
before those projects may proceed.
(c) The State Fire Marshal, local property owners and
concerned citizens may, at all times, have the right to seek
injunctive relief.
(d) The State Fire Commission shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to safeguard life and
property through the adoption of a state blasting code. In those
rules the State Fire Commission shall define the term "local
property owners" and shall consider, at a minimum, the size of the
construction project, the amount of explosives to be used and the
distances those property owners are located from the project:
Provided, That all property owners immediately adjacent to the
project shall be notified of any proposed blasting. The rules
shall be in accordance with standard safe practices so embodied in widely recognized standards of good practice for explosive blasting
by construction contractors throughout the state, effectuate the
legislative intent of this section and establish penalties for
violations.
(e) The State Fire Commission may propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code, regarding the storing,
selling and use of blasting explosives used in conjunction with
construction, renovation and all other aspects related to
construction projects. The rules shall be known as the "State
Blasting Code."
NOTE: The purpose of this bill is to require blasting
contractors to notify the State Fire Marshal and local property
owners before blasting. The State Fire Marshal must approve a
blasting request before blasting may commence. The bill gives the
State Fire Commission rule-making authority, including establishing
penalties. The bill gives neighboring property owners and local
citizens certain rights.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.