ENROLLED

H. B. 2986


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

Caputo, Swartzmiller, Pethtel and Stemple)


[Passed March 9, 2002; in effect ninety days from passage.]




AN ACT 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 persons, companies or other organizations who donate fire control or rescue equipment to volunteer fire departments; providing for immunity from liability for personal injury, property damages or death resulting from a defect in the equipment; setting forth exceptions; defining terms; requiring recertification of any breathing apparatus prior to donation; and prohibiting insurers from asserting immunity unless agreed to in writing by the insured.

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. Donation of equipment.
(a) Effective the first day of July, two thousand two, no

person, company or other organization who donates fire control or rescue equipment, including federal excess or surplus property, to a volunteer fire department is subject to civil liability for any personal injury, property damages or death resulting from any defect in the equipment unless the person, company or organization acted with malice, gross negligence, recklessness or intentional misconduct which proximately caused the personal injury, property damages or death.
(b) For purposes of this section, "fire control or rescue equipment" means a vehicle, fire fighting tool, protective gear, breathing apparatus or other supply or tool used in fire fighting or fire rescue. No breathing apparatus may be donated unless, prior to the donation, it has been recertified to the manufacturer's specifications by a technician approved by the manufacturer.
(c) Any insurance policy providing coverage for liability sold, issued or delivered in this state to any person, company or other organization who donates fire control or rescue equipment shall provide that the insurer be barred and estopped from relying upon the immunity granted in this section against claims or suits covered by the terms of the policy within the policy limits, unless the provision or endorsement is rejected in writing by the insured.
The limitation on civil liability set forth in the provisions of this section applies only to policies of insurance issued or renewed on or after July 1, 2001.