Adopted by House 3-10-2010
SB635 H JUD AM 3-8 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
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 may
promulgate, amend and repeal regulations
propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code
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 January 1, 1977, shall
propose and 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 Rules
embodied in 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 new or revised code or standard is adopted by the fire codes
published by the National Fire Protection Association, the State
Fire Commission may propose and promulgate revised rules
reflecting such updated codes and standards: Provided, That such
the rules shall be effective as emergency rules when so promulgated
until acted upon by the Legislature: Provided, however, That 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 the state law, county
or municipal ordinance or regulation of any agency thereof shall
govern provided governs, if
they are not inconsistent with the laws
of West Virginia and are not contrary to recognized standards and
good engineering practices: Provided, That, on and after July 1,
2010, if a municipal or county fire ordinance or regulation of any
agency thereof is more stringent or imposes a higher standard than
is required by the State Fire Code, it must be presented for review
and approval and sanctioned for use by the West Virginia State Fire
Commission.
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.