H. B. 4635
(By Delegates Fleischauer, Shook,
Marshall and Martin)
[Introduced
February 22, 2010
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §29-3-5 of the Code of West Virginia,
1931, as amended, relating to the Fire Prevention and Control
Act; providing that all fire alarm systems, including all
components, shall be electronically supervised; and providing
an exception for existing lodging and rooming houses as
defined by the State Fire Code.
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 Regulations 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, amendments or repeals thereof rules 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
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 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 These
rules shall be effective as emergency rules when so promulgated
until acted upon by the Legislature: Provided, however, That
However, 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 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 However, 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 historic structures and sites. Whenever any
other state law, county or municipal ordinance or regulation rule
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 rule of any agency thereof and determines compliance
with state fire regulations by officials of the state, counties,
municipalities and political subdivisions of the state.
(d) Notwithstanding any other provision of the code, all fire
alarm systems, including all components, shall be electronically
supervised. However, existing lodging and rooming houses as
defined by the State Fire Code, shall be permitted to use low-power wireless supervision in accordance with Standard 6.16 of the
National Fire Protection Association's National Fire Code, and
otherwise permitted under successive provisions within The National
Fire Codes.
NOTE: The purpose of this is to provide that all fire alarm
systems, including all components, shall be electronically
supervised. It provides the exception that existing lodging and
rooming houses as defined by the State Fire Code, be permitted to
use low-power wireless supervision in accordance with Standard 6.16
of the National Fire Protection Association's National Fire Code
published by the National Fire Protection Association, and
permitted by successive provisions within The National Fire Codes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added