ENGROSSED
Senate Bill No. 771
(By Senators Kessler, Dempsey, Fanning, Foster, Hunter, Minard,
Oliverio, White, Barnes, Caruth, Deem, Harrison, Lanham, McKenzie
and Weeks)
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[Originating in the Committee on the Judiciary;
reported February 21, 2006.]
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A BILL to amend and reenact §29-3-5 of the Code of West Virginia,
1931, as amended, relating to the fire code; promulgation of
rules; and making technical corrections.
Be it enacted by the Legislature of West Virginia:
That §29-3-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5. Promulgation of rules and State Fire Code.
(a) The State Fire Commission shall have the power to
promulgate, amend and repeal regulations rules for the safeguarding
of life and property from the hazards of fire and explosion
pursuant to the provisions of chapter twenty-nine-a of this code.
Such regulations The rules, amendments or repeals thereof shall be
in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire
protection and shall have the force and effect of law in the
several counties, municipalities and political subdivisions of the
state.
(b) Pursuant to the provisions of chapter twenty-nine-a of
this code, the State Fire Commission, by the first day of January,
one thousand nine hundred seventy-seven, shall promulgate
comprehensive regulations rules for the safeguarding of life and
property from the hazards of fire and explosion to be known as the
State Fire Code. Regulations embodied in Requirements of the State
Fire Code shall be in accordance with standard safe practice as
embodied in widely recognized standards of good practice for fire
prevention and fire protection and shall have the force and effect
of law in the several counties, municipalities and political
subdivisions of the state. Whenever any other state law, county or
municipal ordinance or regulation of any fire codes published by
the national protection association: Provided, That such rules
shall be effective as emergency rules when so promulgated until
acted upon by the Legislature: Provided, however, That the The
State Fire Marshal shall provide compliance alternatives for
historic structures as provided for in section five, article one of
this chapter, which compliance alternatives shall take into account
the historic integrity of said the historic structures; and shall
coordinate with the Director of the Archives and History Division the application of the rules and regulations of that division.
(c) In interpretation and application, the State Fire Code
shall be held to be the minimum requirements for the safeguarding
of life and property from the hazards of fire and explosion:
Provided, That the State Fire Marshal shall provide compliance
alternatives for historic structures and sites as provided for in
section five, article one of this chapter, which compliance
alternatives shall take into account the historic integrity of said
the historic structures and sites. Whenever any other state law,
county or municipal ordinance or regulation of any agency thereof
is more stringent or imposes a higher standard than is required by
the State Fire Code, the provisions of such state law, county or
municipal ordinance or regulation of any agency thereof shall
govern, provided they are not inconsistent with the laws of West
Virginia and are not contrary to recognized standards and good
engineering practices. In any question, the decision of the State
Fire Commission determines the relative priority of any such state
law, county or municipal ordinance or regulation of any agency
thereof and determines compliance with state fire regulations rules
by officials of the state, counties, municipalities and political
subdivisions of the state.