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 shall 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.