Enrolled Version - Final Version
Senate Bill 635 History
OTHER VERSIONS -
Introduced Version
|
| 
Email
Key: Green = existing Code. Red = new code to be enacted
ENROLLED
Senate Bill No. 635
(By Senator Prezioso)
____________
[Passed March 13, 2010; in effect ninety days from passage.]
____________
AN ACT
to amend and reenact §29-3-5 of the Code of West Virginia,
1931, as amended; and to amend and reenact §29-3-5 of said
code, relating to
the State Fire Code; clarifying the State
Fire Commission's process for updating the State Fire Code
upon adoption of revised codes or standards by the National
Fire Protection Association; requiring review and approval of
county and municipal fire ordinances and agency regulations
which impose more stringent standards than those required by
the State Fire Code by the West Virginia State Fire
Commission; and effective date.
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 rules and State Fire Code.
(a) The State Fire Commission may
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. 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 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 shall propose and promulgate
comprehensive rules for the safeguarding of life and property from
the hazards of fire and explosion to be known as the State Fire
Code. 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 have the force and effect of law in the several counties,
municipalities and political subdivisions of the state. Whenever
any new or revised code or standard is adopted by the fire codes
published by the National Fire Protection Association, the State
Fire Commission may propose and promulgate revised rules reflecting
such updated codes and standards: Provided, That 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 the historic structures; and shall coordinate with the
Director of the Archives and History Division the application of
the rules 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 in
section five, article one of this chapter, which compliance
alternatives shall take into account the historic integrity of 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 the state law, county or municipal
ordinance or regulation of any agency thereof 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 rules
by officials of the state, counties, municipalities
and political subdivisions of the state.
Webmaster | © 2024 West Virginia Legislature **
