ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4192
(
By Delegates Mahan, Palumbo, Cann,
Pino, Armstead and Overington
)
[Passed March 11, 2006; in effect from passage.]
AN ACT
to amend and reenact article 6, chapter 64 of the code of
West Virginia, 1931, as amended; all relating generally to the
promulgation of administrative rules by the Department of
Military Affairs and Public Safety and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the state; authorizing certain
of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the State Register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the legislature; authorizing
certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended
by the legislature; authorizing the State Fire Commission to
promulgate a legislative rule relating to the State Fire Code;
authorizing the State Fire Commission to promulgate a
legislative rule relating to the State Building Code;
authorizing the State Fire Commission to promulgate a
legislative rule relating to the certification of home
inspectors; authorizing the State Fire Commission to
promulgate a legislative rule relating to standards for the
certification and continuing education of municipal, county
and other public sector building code officials, building code
inspectors and plans examiners; and authorizing the State
Police to promulgate a legislative rule relating to the West
Virginia State Police Grievance Procedure.
Be it enacted by the Legislature of West Virginia:
That article 6, chapter 64 of the code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND
PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. State Fire Commission.
(a) The legislative rule filed in the state register on the
twentieth day of July, two thousand five, authorized under the
authority of section five, 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 second day of November, two
thousand five, relating to the State Fire Commission (State Fire
Code, 87 CSR 1), is authorized, with the following amendment:
On page twenty-one, following subdivision 14.14.2., by
inserting a new subdivision 14.14.3, to read as follows:
Section 4.6.2 of the National Fire Protection Association
(NFPA) 495, Explosive Material Code, the provisions of which are
adopted by reference in subsection 4.4 of this rule, is amended to
provide that persons 18 years and older may be issued a Class G
Special "Helper" permit to use explosives.
(b) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand five, 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 eleventh day of January, two
thousand six, relating to the State Fire Commission (State Building
Code, 87 CSR 4), is authorized, with the following amendments:
On page two, subdivision 4.1.1, after the words 'with the
following exceptions:' by unstriking and restoring the words
'4.1.1.A. Provided; that the section entitled "Fire Prevention" and
identified as Section 101.4.6 is deleted and not considered to be
a part of this rule.';
On page five, at the beginning of the second paragraph, by
unstriking and restoring the words 'Section R311.4.3';
On page five, by striking out the underlined words of the
fourth paragraph as follows:
'Section R311.5.3 Stair Tread and Risers
311.5.3.1 Riser Height - The maximum riser height shall be
eight and one-quarter (8 1/4) inches.
311.5.3.2 Tread Depth - The minimum tread depth shall be nine
(9) inches.';
On page ten, at the top of the page, by inserting the
following words as underlined words:
'4.1.7.A. Chapter 11 of the 2003 edition of the International
Residential Code for One and Two Family Dwellings, Seventh
Printing, entitled "Energy Efficiency", is deleted and not
considered to be a part of this rule. In lieu thereof, the
following standards are adopted and made a part of this rule:'
And,
On page seventeen, subsection 7.3, by striking out the word
'ordnance' and inserting in lieu thereof the word 'ordinance'.
(c) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, 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 twentieth day of January, two
thousand six, relating to the State Fire Commission (certification
of home inspectors, 87 CSR 5), is
authorized with the following
amendment:
On page four, subsection 5.2, after the word "qualifications"
by striking out the words "and he or she" and inserting a period
and the words "The applicant".
(d)
The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, 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 third day of January, two
thousand six, relating to the State Fire Commission (standards for
the certification and continuing education of municipal, county and
other public sector building code officials, building code
inspectors and plans examiners, 87 CSR 7), is
authorized.
§64-6-2. State Police.
The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand five, authorized under the
authority of section six, article two, chapter fifteen, of this
code, relating to the State Police (West Virginia State Police
Grievance Procedure, 81 CSR 8), is authorized.