H. B. 2755
(By Delegates Klempa, D. Poling
and Swartzmiller)
[Introduced January 13, 2010; referred to the
Committee on Roads and Transportation then Government
Organization.]
A BILL to amend and reenact §29-3A-1 of the Code of West Virginia,
1931, as amended, relating to authority to control an
emergency scene on state highways.
Be it enacted by the Legislature of West Virginia:
That §29-3A-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.
§29-3A-1. Authority of fire officers in charge of fire, service
call or other emergency; definition.
While any fire department recognized or approved by the West
Virginia State Fire Commission is responding to, operating at or
returning from a fire, fire hazard, service call or other
emergency, the fire chief, any other elected or appointed fire line
officer, or any member serving in the capacity of appointed fire line officer in charge, except on industrial property where trained
industrial fire fighting personnel are present, shall have the
authority:
(1) Of controlling and directing fire fighting and fire
control activities at such scene;
(2) To order any person or persons to leave any building or
place in the vicinity of such scene for the purpose of protecting
such persons from injury;
(3) To blockade any public highway, street or private
right-of-way temporarily while at such scene.
If the incident
occurs on a public highway and the highway is closed in excess of
two hours, representatives appointed by the Secretary of
Transportation take control of the situation in order to restore
traffic flow in the area;
(4) To enter the building, structure, enclosure or other
property of any person or persons at any time of the day or night,
without liability, while operating at such scene;
(5) To enter any building, including private dwellings, or
upon any premises where an emergency exists, or where there is
reasonable cause to believe an emergency exists, for the purpose of
eliminating the emergency;
(6) To enter any building, including private dwellings, or
premises near the scene of the emergency for the purpose of
protecting the building or premises or for the purpose of eliminating the emergency which is in progress in another building
or premises;
(7) To inspect for preplanning, all buildings, structures or
other places in their fire district, excepting, however, the
interior of a private dwelling, with the consent of the owner or
occupant, where any combustible materials, including waste paper,
rags, shavings, waste, leather, rubber, crates, boxes, barrels,
rubbish or other combustible material that is or may become
dangerous as a fire menace to such building or buildings, structure
or other places has been allowed to accumulate or where such chief
or his
or her designated representative has reason to believe that
such material of a combustible nature has accumulated or is liable
to be accumulated;
(8) To direct the removal or destroying of any fence, house,
motor vehicle or other thing which may reasonably be determined to
be necessary to be pulled down, destroyed, or removed to prevent
the further spread of the fire or hazardous condition;
(9) To request and be supplied with additional materials such
as sand, treatments, chemicals, etc., and special equipment when
dealing with an accident on a public highway or railroad
right-of-way when it is deemed a necessity to prevent the further
spread of the fire or hazardous condition, the cost of which to be
borne by the owner of the instrumentality which caused the fire or
hazardous condition;
(10) To order disengagement or discouplement of any convoy,
caravan or train of vehicles, craft or railway cars if deemed a
necessity in the interest of safety of persons or property; and
(11) As used in this article, the term "emergency" means a
situation in which the fire officer in charge knows or in which a
reasonable person would believe that there exists an imminent
threat of serious bodily harm or death to a person or significant
damage to property.
NOTE: The purpose of this bill is to authorize the Department
of Transportation to take control of an emergency scene on a
highway.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.