Senate Bill No. 310
(By Senator Wiedebusch)
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[Introduced February 5, 1996; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section twelve, article three,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
prohibiting a vehicle transporting hazardous materials from
parking within one thousand feet of any public or private
educational or health care facility.
Be it enacted by the Legislature of West Virginia:
That section twelve, 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.
ยง29-3-12. Powers and duties of state fire marshal.
(a) Enforcement of laws. -- The state fire marshal shall enforce all laws of the state having to do with:
(1) Prevention of fire.
(2) The storage, sale and use of any explosive, combustible
or other dangerous article in solid, flammable liquid or gas
form.
(3) The installation and maintenance of equipment of all
sorts intended to extinguish, detect and control fires.
(4) The means and adequacy of exit, in case of fire, from
buildings and all other places in which persons work, live or
congregate from time to time for any purpose, except buildings
used wholly as dwelling houses for no more than two families.
(5) The suppression of arson.
(b) Assistance upon request. -- Upon request, the state fire
marshal shall immediately assist any chief of any recognized fire
company or department.
(c) Enforcement of regulations. -- The state fire marshal
shall enforce the regulations promulgated by the state fire
commission as authorized by section three of this article.
(d) Inspections generally. -- The state fire marshal shall
inspect all state, county and municipally owned institutions, all
public and private schools, theaters, churches and other places of public assembly as to fire exits and reasonable safety
standards and report his findings and recommendations to the
proper administrative heads.
(e) Right of entry. -- The state fire marshal may at all
reasonable hours enter any building or premises, other than
dwelling houses, for the purpose of making an inspection, which
he may deem necessary to be made under the provisions of this
article.
(f) Investigations. -- The state fire marshal may at any
time investigate as to the origin or circumstances of any fire or
explosion or attempt to cause fire or explosion occurring in the
state. The state fire marshal shall have the authority at all
times of the day or night, in performance of the duties imposed
by the provisions of this article, to investigate where any fires
or attempt to cause fires shall have occurred, or which at the
time may be burning. Notwithstanding the above provisions of
this subsection, prior to entering any building or premises for
the purposes of such investigation, the state fire marshal shall
obtain a proper search warrant: Provided, That the same shall
not be necessary where there is permissive waiver or the state
fire marshal is an invitee of the individual having legal custody and control of the property, building or premises to be searched.
(g) Testimony. -- The state fire marshal, in making an
inspection or investigation, when in his judgment such
proceedings are necessary, may take the statements or testimony
under oath of all persons who may be cognizant of any facts or
have any knowledge about the matter to be examined and inquired
into, and may have the statements or testimony reduced to
writing; and shall transmit a copy of such statements or
testimony so taken to the prosecuting attorney for the county
wherein the fire or explosion or attempt to cause a fire or
explosion occurred. Notwithstanding the above, no person shall be
compelled to testify or give any such statement under this
subsection.
(h) Arrests; warrants; penalty. -- When in their judgment
such examination as described in subsection (g) of this section
discloses that the fire or explosion or attempt to cause a fire
or explosion was of incendiary origin, the state fire marshal,
any full-time deputy fire marshal or any full-time assistant fire
marshal are hereby authorized and empowered:
(1) To arrest the supposed incendiary anywhere within the
confines of the state of West Virginia, or have him arrested, for any violation of the provisions of this article or of the
arson-related offenses of article three, chapter sixty-one of
this code: Provided, That any and all persons so arrested shall
be forthwith brought before the magistrate or circuit court.
(2) To make complaint in writing before any court or officer
having jurisdiction and obtain, serve and execute an arrest
warrant when knowing or having reason to believe that anyone has
committed an offense under any provision of this article or of
the arson-related offenses of article three, chapter sixty-one of
this code. Proper return shall be made on all arrest warrants
before the tribunal having jurisdiction over such violation.
(3) To make complaint in writing before any court or officer
having jurisdiction and obtain, serve and execute a warrant for
the search of any premises that may possess evidence or unlawful
contraband relating to violations of this article or of the
arson-related offenses of article three, chapter sixty-one of
this code. Proper return shall be made on all search warrants
before the tribunal having jurisdiction over such violation.
(i) Witnesses and oaths. -- The state fire marshal is
empowered and authorized to issue subpoenas and subpoenas duces
tecum to compel the attendance of persons before him to testify in relation to any matter which is, by the provision of this
article, a subject of inquiry and investigation by the state fire
marshal and cause to be produced before him such papers as he may
require in making such examination. The state fire marshal is
hereby authorized to administer oaths and affirmations to persons
appearing as witnesses before him. False swearing in any matter
or proceeding aforesaid shall be deemed perjury and shall be
punishable as such.
(j) Deputizing members of fire departments in this state.
-- The state fire marshal may deputize a member of any fire
department, duly organized and operating in this state, who is
approved by the chief of his department and who is properly
qualified, to act as his assistant for the purpose of making
inspections with the consent of the property owner or the person
in control of such property and such investigations as may be
directed by the state fire marshal, and the carrying out of such
orders as may be prescribed by him, to enforce and make effective
the provisions of this article and any and all regulations
promulgated by the state fire commission under authority of this
article: Provided, That in the case of a volunteer fire
department, only the chief thereof or his single designated assistant may be so deputized.
(k) Written report of examinations. -- The state fire
marshal shall, at the request of the county commission of any
county or the municipal authorities of any incorporated
municipality in this state, make to them a written report of the
examination made by him regarding any fire happening within their
respective jurisdictions.
(l) Report of losses by insurance companies. -- It shall be
the duty of each fire insurance company or association doing
business in this state, within ten days after the adjustment of
any loss sustained by it that exceeds fifteen hundred dollars, to
report to the state fire marshal, upon forms furnished by him,
such information regarding the amount of insurance, the value of
the property insured and the amount of claim as adjusted, as in
the judgment of the state fire marshal it is necessary for him to
know. This report is in addition to any such information
required by the state insurance commissioner. Upon the request
of the owner or insurer of any property destroyed or injured by
fire or explosion, or in which an attempt to cause a fire or
explosion may have occurred, the state fire marshal shall make a
written report to the person requesting the same of the result of the examination made by him regarding the property.
(m) Issuance of permits and licenses. -- The state fire
marshal is authorized to issue permits and licenses as required
in this article.
(n) Issuance of citations for fire and life safety
violations. -- The state fire marshal, any full-time deputy fire
marshal, any full-time assistant fire marshal are hereby
authorized, and any person deputized pursuant to subsection (j)
of this section who is approved by the chief of his department
and who is properly qualified, may be authorized by the state
fire marshal, to issue citations, in their respective
jurisdictions, for fire and life safety violations of the state
fire code and as provided for by the rules and regulations
promulgated by the state fire commission in accordance with
article three, chapter twenty-nine-a of this code: Provided,
That a summary report of all citations issued pursuant to this
section by persons deputized under subsection (j) of this section
shall be forwarded semiannually to the state fire marshal in such
form and containing such information as he may by regulation
require, including the violation for which the citation was
issued, the date of issuance, the name of the person issuing the citation and the person to whom the citation was issued. The
state fire marshal may at any time revoke the authorization of a
person deputized pursuant to subsection (j) of this section to
issue citations, if in the opinion of the state fire marshal, the
exercise of such authority by such person is inappropriate.
Violations for which citations may be issued include, but
are not limited to:
(1) Overcrowding places of public assembly;
(2) Locked or blocked exits in public areas;
(3) Failure to abate a fire hazard;
(4) Blocking of fire lanes or fire department connections;
and
(5) Tampering with, or rendering inoperable except during
necessary maintenance or repairs, on-premise firefighting
equipment, fire detection equipment and fire alarm systems; and
(6) Any commercial vehicle transporting hazardous materials
may not park within one thousand feet of any public or private
educational or health care facility: Provided, That any
commercial vehicle delivering hazardous material commodities
essential to the operation of the facility is permitted to make
such deliveries.
No person deputized pursuant to subsection (j) of this
section may be authorized to issue a citation unless that person
has satisfactorily completed a law-enforcement officer training
course designed specifically for fire marshals. The course
shall be approved by the law-enforcement training subcommittee of
the governor's committee on criminal justice and highway safety
and the state fire commission. In addition, no person deputized
pursuant to subsection (j) of this section may be authorized to
issue a citation until evidence of liability coverage of such
person has been provided, in the case of a paid municipal fire
department by the municipality wherein the fire department is
located, or in the case of a volunteer fire department, by the
county commission of the county wherein the fire department is
located or by the municipality served by such volunteer fire
department, and that evidence of liability coverage has been
filed with the state fire marshal.
(o) Penalties for violations. -- Any person who violates any
fire and life safety regulation of the state fire code shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not more than one hundred dollars or imprisoned in the
county jail not more than ninety days, or both fined and imprisoned.
Each and every day during which any illegal erection,
construction, reconstruction, alteration, maintenance or use
continues after knowledge or official notice that same is
illegal, shall be deemed a separate offense.
NOTE: The purpose of this bill is to prohibit a commercial
vehicle transporting hazardous materials from parking within one
thousand feet of any public or private educational or health care
facility.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.