COMMITTEE SUBSTITUTE
FOR
H. B. 2709
(By Delegates Varner, Caputo, Fragale, Manchin,
Hartman, Yost, Martin, Perry, Wysong, Shaver and Eldridge)
(Originating in the Committee on the Judiciary)
[February 22, 2007]
A BILL to amend and reenact §8-19-21 of the Code of West Virginia,
1931, as amended, relating to
municipal and county waterworks
systems and specifications for water mains generally; and
requiring the installation of fire hydrants at intervals of
not more than every two thousand feet on all water mains
installed or upgraded on platted roadways or highways after
the first day of July, two thousand seven.
Be it enacted by the Legislature of West Virginia:
That §8-19-21 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 19. MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER
SYSTEMS.
§8-19-21. Specifications for water mains and water service pipes.
Considering the importance of public fire protection, any
state or local government, public service district, public or
private utility which installs or constructs maintains or upgrades
water mains, shall ensure that all new mains specifically intended
to provide fire protection are supplied by mains which are not less
than six inches in diameter. Effective the first day of July, two thousand seven, when any state or local government, public service
district, public or private utility installs or constructs water
mains along a platted roadway or a public highway, using a six inch
or greater line, that is specifically designed intended to provide
fire protection, the state or local government, public service
district, public or private utility shall install fire hydrants at
intervals of not more than two thousand feet, unless there are no
dwellings or businesses located one thousand feet from such
proposed hydrant. A permit or other written approval shall be
obtained from the Department of Health and Human Resources for each
hydrant or group of hydrants installed in compliance with section
nine, article one, chapter sixteen of the West Virginia code as
amended: Provided, That all newly constructed water distribution
systems transferred to a public or private utility shall have mains
at least six inches in diameter where fire flows are desired or
required by the public or private utility: Provided, however, That
the utility providing service has sufficient hydraulic capacity as
determined by the Department of Health and Human Resources.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.