COMMITTEE SUBSTITUTE

FOR

H. B. 2768

(By Mr. Speaker, Mr. Kiss)


(Originating in the Committee on Political Subdivisions)


[February 26, 2003]


A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-mm, relating to enacting a standardized false alarm ordinance; establishing a system of administration and enforcement; assess fees and penalties; issue orders; and the appointment of an administrator and an advisory board.

Be it enacted by the Legislature of West Virginia:
 That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-mm, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3mm. Authority to adopt ordinance relating to false alarms.
(a) In addition to all other powers and duties they now possess, county commissions may enact ordinances, establish a system of administration and enforcement, assess fees and penalties, issue orders and take other necessary and appropriate actions for the reduction and elimination of false alarms.
(b) Any false alarm ordinance enacted by a county commission shall be consistent with the standards relating to burglar, security, medical and fire alarms as established by the national burglar and fire alarm association and the false alarm reduction association, or their successor organizations: Provided, That these standards may be modified to meet specific county needs, if any.
(c) The county commission shall appoint an alarm administrator to administer the false alarm ordinance. In counties that have an enhanced 911 system, the E-911 director shall be the administrator. In counties without an enhanced 911 system, the alarm administrator shall be knowledgeable and qualified in the areas of alarm systems and false alarm reduction efforts.
(d) The false alarm ordinance shall provide for the appointment of a false alarm advisory board, which shall consist of the alarm administrator, the county sheriff or other law- enforcement officer, a fire chief from a county fire department or his or her designee, a representative from the alarm industry, and a member at large selected by the county commission to serve a two- year term. The advisory board shall review, assist and make recommendations concerning false alarm reduction efforts and report to the county commission.