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Enrolled Committee Substitute House Bill 2421 History

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HB2421 ENR SUB ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2421
(By Delegates Staggers, Perry, Shaver, Rodighiero, Moye, Swartzmiller, Martin, Argento, Crosier, D. Poling, Manypenny )

[Passed April 10, 2009; in effect ninety days from passage. ]

AN ACT to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-19-22, relating to fire hydrant s; requiring the marking of an inoperable fire hydrant; setting requirements for the marking ; and defining inoperable.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8-19-22, to read as follows:
ARTICLE 19. MUNICIPAL AND COUNTY WATER WORKS AND ELECTRIC POWER SYSTEMS.

§8-19-22. Identification requirement for fire hydrants that are inoperable or unavailable for use in emergency situations.

(a) The owner or operator of a fire hydrant or any device having the appearance of a fire hydrant that is located in a place that an entity responsible for providing fire suppression services in a fire emergency would expect a fire hydrant to typically be located, shall mark the fire hydrant or device , as set out in subsection (b) of this section, if the owner or operator has actual knowledge that the fire hydrant or device is inoperable or is unavailable for use by an entity providing fire suppression services in a fire emergency.
(b) To mark the fire hydrant or device, the owner or operator of the fire hydrant or device shall:
(1) Paint the fire hydrant or device black if the fire hydrant or device is inoperable or unavailable for use ; or
(2) Place a black tarp over the fire hydrant or device if the device is temporarily inoperable or temporarily unavailable for use in a fire emergency, for a period not to exceed fourteen days.
(c) For the purposes of this section, the word "inoperable" means a fire hydrant that does not produce water flow when activated.