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Chapter 64     Entire Code
‹ Chapter 63  |  Chapter 64 Printer Friendly Versions
Chapter 64  |  Article 64 - 6  |  Section 5
WVC 64- CHAPTER 64. LEGISLATIVE RULES.
WVC 64-6- ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.

WVC 64 - 6 - 1 §64-6-1. Division of Protective Services.

     The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section three, article two-d, chapter fifteen of this code, modified by the Division of Protective Services to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of January, two thousand thirteen, relating to the Division of Protective Services (contracted police or security services, 99 CSR 5 ), is authorized. WVC 64 - 6 - 2 §64-6-2. State Fire Commission.

     (a) The legislative rule filed in the State Register on the eighteenth day of July, two thousand twelve, 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 twenty-first day of December, two thousand twelve, relating to the State Fire Commission (state building code, 87 CSR 4 ), is authorized with the following amendment: New One and Two Family Dwellings over one level in height, New One and Two Family Dwellings containing a basement, and New One and Two Family Dwellings containing a crawl space containing a fuel burning appliance below the first floor, shall provide one of the following methods for fire protection of floors: (1) A 1/2 inch (12.7 mm) gypsum wallboard membrane, 5/8 inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member; (2) Wood floor assemblies using dimension lumber or structural composite lumber equal or greater than 2 inch by 10 inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance; or (3) An Automatic Fire Sprinkler System as set forth in section R313.2 of the 2009 edition of the International Residential Code for One and Two Family Dwellings: Provided, That floor assemblies located directly over a space protected by an automatic sprinkler system as set forth in section R313.2 of the 2009 edition of the International Residential Code for One and Two Family Dwellings are exempt from this requirement.

     (b) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section five-d, 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 twenty-first day of December, two thousand twelve, relating to the State Fire Commission (volunteer firefighters' training, equipment and operating standards, 87 CSR 8 ), is authorized, with the following amendments:

     On page three, section three, by striking out subsection 3.7, and inserting in lieu thereof, the following:

     "3.7. The Fire Commission, at all times, shall have an equivalency program to allow certification of fire officers in Fire Officer 1 and Fire Officer 2. Any person may apply to this program for certification in either Fire Officer 1, Fire Officer 2, or both. This program shall evaluate a person's practical knowledge and life experience within the fire service, and any previous training that person may have completed. If the person has demonstrated competency in the skills taught in these curricula, then the application shall be granted.

_____3.8. All operators of fire department engines, tankers, aerials, and rescue trucks must have a Firefighter I certification, have a valid driver's license, and must have completed an approved Emergency Vehicle Operations Course (EVOC), or equivalent, and pass any and all testing required for certification: Provided that, during maintenance or service of the vehicle, any person operating a vehicle to perform his or her job, may operate that vehicle as long as that person meets all other requirements to operate that vehicle as set forth by statute.

_____Nothing in this rule shall prohibit specialized support members or emergency medical response personnel from operating fire department squads, ambulances and/or emergency medical response vehicles, or prevent ancillary support members of fire departments from operating utility vehicles." and renumbering the remainder of the section;

     On page eight, after subsection 6.9, by inserting a new subsection, designated 6.10., to read as follows:

     "6.10. All fire pumps and hoses, and aerial apparatus shall be tested as least annually for compliance with NFPA 1901, 1911, 1961 and 1962. Records of these tests shall be maintained by the department for a minimum of five (5) years and shall be produced by the department upon request of the Fire Commission, Fire Marshal, or governmental entity overseeing the Department."

     On page eight, section six, subsection 6.11, by striking out subsection 6.11. and the remainder of the section in its entirety and by inserting in lieu thereof, the following:

     "6.11. All apparatus and associated equipment shall have met the standard for that particular apparatus or piece of equipment as set forth in NFPA 1901 in the year that the apparatus and piece of associated equipment was manufactured, and shall be fully operable.

_____6.12. At all times, at a minimum, the following items shall be transported to the fire scene with the listed apparatus, provided that these items shall only be required if the apparatus is dispatched to an emergency scene:

__________6.12.1 Engine - as defined in NFPA 1901.

_______________6.12.1.a. Current Motor Vehicle Inspection.

_______________6.12.1.b. Current Emergency Vehicle Permit.

_______________6.12.1.c. Fire Pump tested in accordance with _______________subsection 6.10.

_______________6.12.1.d. 24 foot extension ladder.

_______________6.12.1.e. 14 foot straight ladder.

_______________6.12.1.f. 800 feet minimum of 2 ½ inch or larger _______________supply hose tested in accordance with subsection _______________6.10.

_______________6.12.1.g. 400 feet minimum of 1 ½ to 2 inch attack _______________hose tested in accordance with subsection 6.10.

_______________6.12.1.h. sufficient number of nozzles.

_______________6.12.1.i. two (2) pike poles or equivalent.

_______________6.12.1.j. 1 pickhead axe.

_______________6.12.1.k. 1 flathead axe.

_______________6.12.1.l. 2 hand lights.

_______________6.12.1.m. 1 dry chemical extinguisher.

_______________6.12.1.n. 1 first aid kit.

_______________6.12.1.o. 2 wheel chocks.

_______________6.12.1.p. 1 SCBA pack (meeting NFPA 1781 standard) _______________for each seat with one spare bottle for each pack.

_______________6.12.1.q 1 traffic vest for each seat.

__________6.12.2. Tanker - as defined in NFPA 1901.

_______________6.12.2.a. Current Motor Vehicle Inspection.

_______________6.12.2.b. Current Emergency Vehicle Permit.

_______________6.12.2.c. If the unit contains a Fire Pump it _______________shall be tested in accordance with subsection _______________6.10.

_______________6.12.2.d. If the unit contains a Fire Pump 200 _______________feet minimum of 2 ½ inch or larger supply hose _______________tested in accordance with subsection 6.10.

_______________6.12.2.e. If the unit contains a Fire Pump 400 _______________feet minimum of 1 ½ to 2 inch attack hose tested _______________in accordance with subsection 6.10.

_______________6.12.2.f. If the unit contains a Fire Pump __ __________sufficient number of nozzles.

_______________6.12.2.g. 2 hand lights.

_______________6.12.2.h. 1 dry chemical extinguisher.

_______________6.12.2.i. 1 first aid kit.

_______________6.12.2.j. 2 wheel chocks.

_______________6.12.2.k. 1 SCBA pack (meeting NFPA 1781 standard) _______________for each seat with one spare bottle for each pack.

_______________6.12.2.l. 1 traffic vest for each seat.

__________6.12.3. Aerial - as defined in NFPA 1901.

_______________6.12.3.a. Current Motor Vehicle Inspection.

_______________6.12.3.b. Current Emergency Vehicle Permit.

_______________6.12.3.c. If the unit contains a Fire Pump it _______________shall be Fire Pump tested in accordance with _______________subsection 6.10.

_______________6.12.3.d. Aerial unit tested in accordance with _______________subsection 6.10.

_______________6.12.3.e. If the unit contains a Fire Pump 800 _______________feet minimum of 2 ½ inch or larger supply hose _______________tested in accordance with subsection 6.10.

_______________6.12.3.f. If the unit contains a Fire Pump 400 _______________feet minimum of 1 ½ to 2 inch attack hose tested _______________in accordance with subsection 6.10.

_______________6.12.3.g. If the unit contains a Fire Pump __ __________sufficient number of nozzles.

_______________6.12.3.h. 4 Ladder Belts.

_______________6.12.3.i. 2 hand lights.

_______________6.12.3.j. 1 dry chemical extinguisher.

_______________6.12.3.k. 1 first aid kit.

_______________6.12.3.l. 2 wheel chocks.

_______________6.12.3.m. 1 SCBA pack (meeting NFPA 1781 standard) _______________for each seat with one spare bottle for each pack.

_______________6.12.3.n. 1 traffic vest for each seat.

__________6.12.4. Quint - as defined in NFPA 1901.

_______________6.12.4.a. Current Motor Vehicle Inspection.

_______________6.12.4.b. Current Emergency Vehicle Permit.

_______________6.12.4.c. Fire Pump tested in accordance with _______________subsection 6.10.

_______________6.12.4.d. Aerial unit tested in accordance with _______________subsection 6.10.

_______________6.12.4.e. 300 feet minimum of 2 ½ inch or larger _______________supply hose tested in accordance with subsection _______________6.10.

_______________6.12.4.f. 400 feet minimum of 1 ½ to 2 inch attack _______________hose tested in accordance with subsection 6.10.

_______________6.12.4.g. sufficient number of nozzles.

_______________6.12.4.h. 4 Ladder Belts.

_______________6.12.4.i. 2 hand lights.

_______________6.12.4.j. 1 dry chemical extinguisher.

_______________6.12.4.k. 1 first aid kit.

_______________6.12.4.l. 2 wheel chocks.

_______________6.12.4.m. 1 SCBA pack (meeting NFPA 1781 standard) _______________for each seat with one spare bottle for each pack.

_______________6.12.4.n. 1 traffic vest for each seat.

__________6.12.5. Mini-Pumper - as defined in NFPA 1901.

_______________6.12.5.a. Current Motor Vehicle Inspection.

_______________6.12.5.b. Current Emergency Vehicle Permit.

_______________6.12.5.c. Fire Pump tested in accordance with _______________subsection 6.10.

_______________6.12.5.d. 300 feet minimum of 2 ½ inch or larger _______________supply hose tested in accordance with subsection _______________6.10.

_______________6.12.5.e. 400 feet minimum of 1 ½ to 2 inch attack _______________hose tested in accordance with section 6.10.

_______________6.12.5.f. sufficient number of nozzles.

_______________6.12.5.g. 2 hand lights.

_______________6.12.5.h. 1 dry chemical extinguisher.

_______________6.12.5.i. 1 first aid kit.

_______________6.12.5.j. 2 wheel chocks.

_______________6.12.5.k. 1 SCBA pack (meeting NFPA 1781 standard) _______________for each seat with one spare bottle for each pack.

_______________6.12.5.l. 1 traffic vest for each seat.

__________6.12.5 Service Truck - as defined in NFPA 1901.

_______________6.12.5.a. Current Motor Vehicle Inspection.

_______________6.12.5.b. Current Emergency Vehicle Permit.

_______________6.12.5.c. 2 hand lights.

_______________6.12.5.d. 1 dry chemical extinguisher.

_______________6.12.5.e. 1 first aid kit.

_______________6.12.5.f. 2 wheel chocks.

_______________6.12.5.g. 1 SCBA pack (meeting NFPA 1781 standard) _______________for each seat with one spare bottle for each pack.

_______________6.12.5.h. 1 traffic vest for each seat.

_____6.13. If an apparatus is not capable of transporting the required equipment, as set forth in subsection 6.12, to an emergency scene, a written plan must be kept on file, and be capable of being produced upon demand to the Fire Commission, Fire Marshal, or overseeing governmental agency, setting forth a detailed procedure for transporting all necessary equipment as detailed in subsection 6.12 to the emergency scene, which shall be strictly adhered to. The plan not being able to be produced, or the plan not being adhered to is a violation of this standard and may result in revocation of the department's certification.

_____6.14. At all times, departments shall maintain workers compensation coverage for all personnel.";

     And,

     On page nine, section 8, line three, after the words "Rules §87-6-1 et seq" by inserting a colon and the following: "Provided, That, except in situations of imminent danger to life or property, upon application, the Commission shall grant a department a 180 day period of correction, that may be extended upon good cause shown, during which the Commission shall assist a department in correcting deficiencies noted, facilitating training through West Virginia University or the West Virginia Department of Education, and in working with other involved parties, e.g. county commissions, municipal governments or county fire boards.". WVC 64 - 6 - 3 §64-6-3. Governor's Committee on Crime, Delinquency, and Correction.

     (a) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section three, article twenty-nine, chapter thirty, of this code, relating to the Governor's Committee on Crime, Delinquency and Correction (law enforcement training and certification standards, 149 CSR 2 ), is authorized with the following amendment:

     On page twenty-five, subsection 10.2., after the words "minimum period of" by striking out "four (4)" and inserting in lieu thereof "three (3)".

     (b) The legislative rule filed in the State Register on the sixteenth day of August, two thousand twelve, authorized under the authority of section nine-a, article two, chapter sixty-one, of this code, modified by the Governor's Committee on Crime, Delinquency and Correction to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand twelve, relating to the Governor's Committee on Crime, Delinquency and Correction (protocol for law enforcement response to stalking, 149 CSR 7 ), is authorized.

     (c) The legislative rule filed in the State Register on the sixteenth day of August, two thousand twelve, authorized under the authority of section five, article nine, chapter fifteen, of this code, modified by the Governor's Committee on Crime, Delinquency and Correction to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the fifth day of December, two thousand twelve, relating to the Governor's Committee on Crime, Delinquency and Correction (protocol for law enforcement response to child abuse and neglect, 149 CSR 8 ), is authorized. WVC 64 - 6 - 4 §64-6-4. Division of Homeland Security and Emergency Management.
The legislative rule filed in the State Register on August 4, 2009, authorized under the authority of section three-a, article five-b, chapter fifteen of this code, relating to the Division of Homeland Security and Emergency Management (industrial accident rapid response, 170 CSR 2), is authorized, with the following amendments:

On page 3, section 3, subsection 3.1., line 4 after the word "Director" by inserting the following, "within fifteen minutes of ascertaining the occurrence of an emergency event at an industrial facility";

On page five, after the section caption "§170-2-5. Penalties." by inserting a new subsection 5.1, to read as follows:

5.1. Penalty Amount. The director shall impose a civil penalty on the industrial facility if he or she determines that the industrial facility failed to comply with the reporting or communications and access requirements in this rule. In no case shall the total penalty for all violations exceed $100,000 for an emergency event.;

And renumbering the remaining subsections.

WVC 64 - 6 - 5 §64-6-5. State Police.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article two-b, chapter fifteen of this code, modified by the State Police to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of October, two thousand six, relating to the State Police (West Virginia DNA Data Bank, 81 CSR 9) is authorized.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§64 - 3 - 1 - (Amended Code)
SENATE BILL - 133
PASSED - Regular Session

SB133 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing DEP promulgate legislative rules
§64 - 10 - 1 - (Amended Code)
§64 - 10 - 2 - (Amended Code)
§64 - 10 - 3 - (Amended Code)
SENATE BILL - 140
PASSED - Regular Session

SB140 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Commerce promulgate legislative rules
§64 - 5 - 1 - (Amended Code)
§64 - 5 - 2 - (Amended Code)
§64 - 5 - 3 - (Amended Code)
§64 - 5 - 4 - (Amended Code)
SENATE BILL - 155
PASSED - Regular Session

SB155 SUB1 ENR  (Uploaded - 03/26/2014)
Authorizing DHHR promulgate legislative rules
§64 - 8 - 1 - (Amended Code)
§64 - 8 - 2 - (Amended Code)
SENATE BILL - 165
PASSED - Regular Session

SB165 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Transportation promulgate legislative rules
§64 - 7 - 1 - (Amended Code)
§64 - 7 - 2 - (Amended Code)
§64 - 7 - 3 - (Amended Code)
§64 - 7 - 4 - (Amended Code)
SENATE BILL - 167
PASSED - Regular Session

SB167 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Revenue promulgate legislative rules
§64 - 2 - 1 - (Amended Code)
§64 - 2 - 2 - (Amended Code)
SENATE BILL - 181
PASSED - Regular Session

SB181 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Administration promulgate legislative rules
§64 - 4 - 1 - (Amended Code)
SENATE BILL - 196
PASSED - Regular Session

SB196 SUB1 ENR  (Uploaded - 03/26/2014)
Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Board
§64 - 9 - 1 - (Amended Code)
§64 - 9 - 2 - (Amended Code)
§64 - 9 - 3 - (Amended Code)
§64 - 9 - 4 - (Amended Code)
§64 - 9 - 5 - (Amended Code)
§64 - 9 - 6 - (Amended Code)
§64 - 9 - 7 - (Amended Code)
§64 - 9 - 8 - (Amended Code)
§64 - 9 - 9 - (Amended Code)
§64 - 9 - 10 - (Amended Code)
§64 - 9 - 11 - (Amended Code)
§64 - 9 - 12 - (Amended Code)
§64 - 9 - 13 - (Amended Code)
§64 - 9 - 14 - (Amended Code)
§64 - 9 - 15 - (Amended Code)
§64 - 9 - 16 - (Amended Code)
§64 - 9 - 17 - (Amended Code)
HOUSE BILL - 4039
PASSED - Regular Session

HB4039 SUB ENR  (Uploaded - 03/25/2014)
Authorizing miscellaneous boards and agencies to promulgate legislative rules
§64 - 6 - 1 - (Amended Code)
§64 - 6 - 2 - (Amended Code)
§64 - 6 - 3 - (Amended Code)
§64 - 6 - 4 - (Amended Code)
HOUSE BILL - 4067
PASSED - Regular Session

HB4067 SUB ENR  (Uploaded - 03/25/2014)
Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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