H. B. 2714
(By Delegates H. White, Hrutkay and R. M. Thompson)
[Passed March 6, 2003; in effect ninety days from passage.]
AN ACT to amend and reenact section eight-c, article fifteen,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the donation of
fire fighting and fire rescue equipment and insurance policies
dealing with immunity coverage provisions.
Be it enacted by the Legislature of West Virginia:
That section eight-c, article fifteen, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted 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
Unless the insured has executed a specific written
rejection of such coverage in the policy, any insurer who has sold,
issued or delivered an insurance policy providing liability
coverage to any person, company or other organization who donates
fire control or rescue equipment is barred and estopped from
asserting the civil immunity granted to the insured by this section
against claims or suits covered by the terms of the policy, up to
the limits of the policy.
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 the first day of July, two thousand one.