Introduced Version
Senate Bill 569 History
OTHER VERSIONS -
Committee Substitute (1)
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 569
(By Senators Green, McCabe, Beach, Williams, Miller and D. Hall)
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[Introduced March 19, 2013; referred to the Committee on
Government Organization; and then to the Committee on the
Judiciary .]
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A BILL to amend and reenact §29-3-11 of the Code of West Virginia,
1931, as amended, relating to the appointment of the State
Fire Marshal with the advice and consent of the Senate.
Be it enacted by the Legislature of West Virginia:
That §29-3-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§§29-3-11. Appointment of State Fire Marshal; term of office;
removal; salary; qualifications; responsibilities;
employees; equipment.
(a) The State Fire Commission shall appoint, by and with the
advice and consent of the Senate, a State Fire Marshal in
accordance with the qualifications approved by the State Civil Service Commission as provided in article six, chapter twenty-nine
of this code. He or she can be removed by the commission at any
time for neglect of duty or other conduct unbecoming his or her
office as provided in article six, chapter twenty-nine of this
code.
(b) The State Fire Marshal, within policy established by the
State Fire Commission, shall have all responsibility for the
implementation of fire safety programs in this state designated to
minimize fire hazards and disaster and loss of life and property
from these causes. These responsibilities include, but are not
limited to, the establishment and enforcement of fire safety
practices throughout the state, preventive inspection and
correction activities, coordination of fire safety programs with
volunteer and paid fire departments and critical analysis and
evaluation of West Virginia's fire loss statistics for
determination of problems and solutions.
(c) The State Fire Marshal may employ such technical,
clerical, stenographic and other personnel and fix their
compensation and may incur such expenses as may be necessary in the
performance of the duties of his or her office within the
appropriation therefor. Employees of the fire marshal's office
shall be members of the State Civil Service System, and all
appointments of the office shall be a part of the classified
service under the civil service system.
Further, any individual who is employed to conduct criminal
investigations or who may become actively involved in matters of a
criminal nature shall first be required to pass a civil service
examination testing his or her competency and proficiency in the
law of arrest, search and seizure and other criminal procedures
relating to the powers granted to the State Fire Marshal pursuant
to the provisions of this article.
(d) The State Fire Marshal and other personnel of the State
Fire Marshal's office shall be provided with appropriate office
space, furniture, equipment, supplies, stationery and printing in
the same manner as provided for other state agencies.
NOTE: The purpose of this bill is to provide that the State
Fire Commission shall appoint a State Fire Marshal with the advice
and consent of the Senate.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.