H. B. 3204
(By Delegate Doyle)
[Introduced January 9, 2008; referred to the
Committee on Government Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated section §7-1-3oo,
relating to authorizing a county to adopt an ordinance
regulating the use of blasting explosives.
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 §7-1-3oo, to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. Authority of counties to enact ordinances restricting
the business of blasting with the use of explosives.
A county commission that has enacted a county wide zoning
ordinance pursuant to the provisions of article seven, chapter
eight-a of this code, may provide for the regulation of businesses
or any entity that uses explosives for blasting purposes. The ordinance shall cover all blasting activities of the business or
entity, including blasting conducted in connection with coal
mining.
An ordinance adopted by a county commission regulating
blasting activities shall conform to the provisions of state and
federal laws including the rules of the Department of Environmental
Protection regarding the use of explosives and shall not supersede
these laws but shall supplement and compliment them.
An ordinance adopted by a county commission regulating
blasting activities shall not become effective until the ordinance
is submitted to the State Fire Commission for its review and
approval. The State Fire Commission shall review the ordinance
within thirty days of receipt of the ordinance. If approved by the
State Fire Commission, the State Fire Commission shall issue a
certificate to the county commission approving the ordinance.
If the State Fire Commission disapproves an ordinance, it
shall notify the county commission of the disapproval and shall
indicate the reasons for the disapproval. A county commission may
amend its disapproved ordinance to take into consideration the
objections of the State Fire Commission and resubmit the ordinance
to the State Fire Commission for approval.
An ordinance regulating blasting with the use of explosives is
not effective until approved by the fire commission.
NOTE: The purpose of this bill is to allow certain counties to
regulate blasting with the use of explosives.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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