Senate Bill No. 180
(By Senator Rowe)
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[Introduced January 11, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section three-d, article one,
chapter seven of 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.