Senate Bill No. 576

(By Senator Rowe)

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[Introduced March 23, 2001; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact section three-d, article one, chapter seven the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article fifteen, chapter eight of said code, all relating to authorizing volunteer fire companies or paid fire departments to charge property owners for necessary emergency services rendered in connection with preventing fires or extinguishing fires.

Be it enacted by the Legislature of West Virginia:
That section three-d, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section one, article fifteen, chapter eight of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3d. Levy for, establishment and operation of fire prevention units; financial aid.

The county court commission in any county is authorized to may levy for and may erect, maintain and operate fire stations and fire prevention units and equipment therefor in the county: Provided, That should if a county court establish commission establishes a separate fire protection unit in any city in West Virginia which is now operating under the provisions of the state civil service act for paid fire departments then such the new unit shall be operated in accordance with the provisions of said the civil service act. Any county court commission may render financial aid to any one or more public fire protection facilities in operation in the county for the general benefit of the public in the prevention of fires. Any county commission may also authorize volunteer fire companies or paid fire departments to charge reimbursement of their personnel time and use of equipment to property owners for emergency fire services necessarily rendered in preventing or extinguishing fires on the property of the property owner and for any incidental services rendered in connection with emergency situations.
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
PART I. FIRE FIGHTING GENERALLY.

§8-15-1. Power and authority of governing body with respect to fires.
The governing body of every municipality shall have has plenary power and authority to provide for the prevention and extinguishment of fires and, for this purpose, it may, among other things, regulate how buildings shall be constructed, procure proper engines and implements, provide for the organization, equipment and government of volunteer fire companies or of a paid fire department, prescribe the powers and duties of such these companies or department and of the several officers, provide for the appointment of officers to have command of fire fighting, prescribe what their powers and duties shall be, and impose on those who fail or refuse to obey any lawful command of such those officers any penalty which the governing body is authorized by law to impose for the violation of an ordinance. It may give authority to any such officer or officers to direct the pulling down or destroying of any fence, house, building or other thing, if deemed considered necessary to prevent the spreading of a fire. It may also authorize volunteer fire companies or paid fire departments to charge reimbursement of their personnel time and use of equipment to property owners for emergency fire services necessarily rendered in preventing or extinguishing fires on the property of the property owner and for any incidental services rendered in connection with emergency situations.

NOTE: The purpose of this bill is to authorize volunteer fire companies or paid fire departments to charge property owners for emergency services necessarily rendered in preventing or extinguishing fires.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.