H. B. 2519
(By Delegates Seacrist and Hunt)
[Introduced February 16, 1995; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section nine, article three, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing the
state fire marshal to accept gifts and donations, and
setting forth the uses of such gifts and donations.
Be it enacted by the Legislature of West Virginia:
That section nine, article three, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-9. Powers, duties and authority of state fire commission
and state fire marshal.
(a) The state fire commission may employ personnel, fix
their compensation and, within funds available to do so, incur
expenses as necessary in the performance of the duties of its
(b) The state fire commission is responsible for fire
programs within this state, including the state fire marshal's
office, training, uniform standards and certification, finance
and planning and fire prevention.
(c) All state and area training and education in fire
service shall be coordinated by the state fire commission. The
state fire marshal shall ensure that these programs are operated
throughout the state at a level consistent with needs identified
by the commissioner.
(d) The state fire commission shall develop minimum training
levels for firefighters, minimum levels of equipment needed to
protect life and property within fire service areas, minimum
performance standards the departments must meet in response
times, communications, minimum levels of water flow and pressure
and other performance measures as considered necessary to meet
the overall goals of improved fire prevention and control. The state fire commission may make recommendations to the state
insurance commissioner regarding town classifications for fire
(e) The formation of any new fire department, including
volunteer fire departments, requires the concurrence of the state
fire commission. The state fire commission shall develop a
method of certification which can be applied to all fire
departments and volunteer fire departments.
(f) The state fire commission shall develop a plan for fire
prevention and control which shall include, but not be limited
to, the following areas: Manpower needs; location of training
centers; location of fire prevention and control units;
communications; fire-fighting facilities; water sources;
vehicular needs; public education and information; public
participation; standardization in record keeping; evaluation of
personnel; reporting of fire hazards; programs on mutual aid;
location of public safety agencies; outline of fire prevention
programs; and accessibility of fire prevention information.
(g) The state fire commission shall establish fire
protection areas and at such times as funds are available shall establish field offices for inspection, planning and
(h) The state fire marshal may accept, on behalf of the
state fire commission, gifts, grants, court ordered civil
forfeiture proceedings and bequests of funds or property from
individuals, foundations, corporations, the federal government,
governmental agencies and other organizations or institutions.
The state fire marshal, acting on behalf of the state fire
commission, may enter into, sign and execute any agreements and
do and perform any acts that may be necessary, useful, desirable
or convenient to effectuate the purposes of this article. Moneys
from gifts, grants, civil forfeiture proceedings and bequests
received by the state fire marshal shall be deposited into the
special account set forth in subsection (c), section twelve-b of
this code, and the state fire marshal, with the approval of the
state fire commission, has the authority to make expenditures of,
or use of any tangible property, in order to effectuate the
purposes of this article.
NOTE: The purpose of this is to allow the State Fire
Marshal to accept gifts of property and money made to and on
behalf of the State Fire Commission. The State Fire Marshal may use this property and money to enforce and effectuate the
purposes of the duties of his office.
GOVERNMENT ORGANIZATION COMMITTEE AMENDMENT
On page three, section nine, line twenty-four, following the
word "this", by striking out the word "code" and inserting in
lieu thereof the word "article".