COMMITTEE SUBSTITUTE

FOR

H. B. 4192

( By Delegates Mahan, Palumbo, Cann,

Pino, Armstead and Overington )


(Originating in the Committee on the Judiciary)

[February 27, 2006]


A BILL to amend and reenact article 6, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the State Fire Commission to promulgate a legislative rule relating to the State Fire Code; authorizing the State Fire Commission to promulgate a legislative rule relating to the State Building Code; authorizing the State Fire Commission to promulgate a legislative rule relating to the certification of home inspectors; authorizing the State Fire Commission to promulgate a legislative rule relating to standards for the certification and continuing education of municipal, county and other public sector building code officials, building code inspectors and plans examiners; and authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Grievance Procedure.

Be it enacted by the Legislature of West Virginia:
That article 6, chapter 64 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
 ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND
PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. State Fire Commission.
 (a) The legislative rule filed in the state register on the twentieth day of July, two thousand five, authorized under the authority of section five, article three, chapter twenty-nine, of this code, modified by the State Fire Commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the second day of November, two thousand five, relating to the State Fire Commission (State Fire Code, 87 CSR 1), is authorized, with the following amendment:
On page twenty-one, following subdivision 14.14.2., by inserting a new subdivision 14.14.3, to read as follows:
Section 4.6.2 of the National Fire Protection Association (NFPA) 495, Explosive Material Code, the provisions of which are adopted by reference in subsection 4.4 of this rule, is amended to provide that persons 18 years and older may be issued a Class G Special "Helper" permit to use explosives.
(b) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand five, authorized under the authority of section five-b, article three, chapter twenty-nine, of this code, modified by the State Fire Commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the eleventh day of January, two thousand six, relating to the State Fire Commission (State Building Code, 87 CSR 4), is authorized, with the following amendments:
On page two, subdivision 4.1.1, after the words 'with the following exceptions:' by unstriking and restoring the words '4.1.1.A. Provided; that the section entitled "Fire Prevention" and identified as Section 101.4.6 is deleted and not considered to be a part of this rule.';
On page five, at the beginning of the second paragraph, by unstriking and restoring the words 'Section R311.4.3';
On page five, by striking out the underlined words of the fourth paragraph as follows:
'Section R311.5.3 Stair Tread and Risers
311.5.3.1 Riser Height - The maximum riser height shall be eight and one-quarter (8 1/4) inches.
311.5.3.2 Tread Depth - The minimum tread depth shall be nine (9) inches.';
On page ten, at the top of the page, by inserting the following words as underlined words:
'4.1.7.A. Chapter 11 of the 2003 edition of the International Residential Code for One and Two Family Dwellings, Seventh Printing, entitled "Energy Efficiency", is deleted and not considered to be a part of this rule. In lieu thereof, the following standards are adopted and made a part of this rule:'
And,
On page seventeen, subsection 7.3, by striking out the word 'ordnance' and inserting in lieu thereof the word 'ordinance'.
(c) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section five-b, article three, chapter twenty-nine, of this code, modified by the State Fire Commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the twentieth day of January, two thousand six, relating to the State Fire Commission (certification of home inspectors, 87 CSR 5), is disapproved and not authorized. (d) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand five, authorized under the authority of section five-b, article three, chapter twenty-nine, of this code, modified by the State Fire Commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the third day of January, two thousand six, relating to the State Fire Commission (standards for the certification and continuing education of municipal, county and other public sector building code officials, building code inspectors and plans examiners, 87 CSR 7), is disapproved and not authorized.
 §64-6-2. State Police.
The legislative rule filed in the state register on the twenty-eighth day of July, two thousand five, authorized under the authority of section six, article two, chapter fifteen, of this code, relating to the State Police (West Virginia State Police Grievance Procedure, 81 CSR 8), is authorized.