H. B. 2986


(By Delegates R. M. Thompson, Ennis, Varner,

Caputo, Swartzmiller, Pethtel and Stemple)


[Introduced March 23, 2001; referred to the

Committee on the Judiciary.]




A BILL to amend article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eight-c, relating to limiting the civil liability of an entity donating used or obsolete fire equipment to a volunteer fire department.

Be it enacted by the Legislature of West Virginia:

That article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eight-c, to read as follows:

ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
 §8-15-8c. Disposition of used or obsolete equipment.
A person, company or organization who donates used or obsolete fire control or fire rescue equipment, including federal excess or surplus property, to a volunteer fire department, is not liable in civil damages for personal injury, property damage, or death resulting from a defect in equipment donated in good faith unless the person, company or organization's act or omission proximately causing the claim, damage or loss constitutes malice, gross negligence, recklessness or intentional misconduct.
For purposes of this section, "fire control or fire rescue equipment" means a vehicle, fire fighting tool, protective gear, breathing apparatus or other supplies and tools used in fire fighting or fire rescue. A breathing apparatus that is donated will be recertified to manufacturer's specifications before it is made available to an authorized group by a technician certified by the manufacturer.
The limitation on civil liability set forth in the provisions of this section applies only to a cause of action accruing on or after the effective date this section.
This section is new; therefore, strike-throughs and underscoring have been omitted.