ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 180
(Senator Rowe, original sponsor)
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[Passed March 7, 2002; in effect ninety days from passage.]
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AN ACT 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, relating to authorizing volunteer fire
companies or paid fire departments to charge property owners
and other persons for services rendered in connection with
cleanup, preventing and extinguishing fires and other
emergencies; establishing maximum fee for each incident;
providing exception to maximum fee; and requiring itemized
bill.
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 to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
ยง7-1-3d. Levy for, establishment and operation of fire prevention
units; financial aid.
The county commission in any county may levy for and may
erect, maintain and operate fire stations and fire prevention units and equipment therefor in the county: Provided, That if a county
commission establishes a separate fire protection unit in any city
in West Virginia that is now operating under the provisions of the
state civil service act for paid fire departments, then the new
unit shall be operated in accordance with the provisions of the
civil service act. Any county 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
reasonable reimbursement fees for personnel and equipment used in
performing fire-fighting services, victim rescue or cleanup of
debris or hazardous materials by department personnel. The rate
for any such fees to be charged to property owners or other persons
responsible or liable for payment for such services must be
approved by the county commission and must be reasonable: Provided,
however, That no fee for any single incident or accident shall
exceed five hundred dollars, except an incident or accident
involving hazardous materials. The county commission shall require
that any fees charged pursuant to the authority conferred by this
section must be in writing and be itemized by specific services
rendered and the rate for each service.