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Introduced Version House Bill 4338 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4338


(By Delegates Fleischauer, Marshall,

Shook, Beach)


[Introduced February 4, 2010 ; referred to the

Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-5c, relating to the Fire Prevention and Control Act; requiring blasting contractors to notify the State Fire Marshal and local property owners before blasting; rule-making authority; and certain rights of neighboring property owners.

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 §29-3-5c, to read as follows:

ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5c. Explosive blasting requirements; notice rule-making.
(a) All contractors, subcontractors and their respective agents and employees must provide the State Fire Marshal and local property owners with thirty days notice of any proposed explosive blasting. Included with the notice to the State Fire Marshal, the contractor shall also provide all relevant information concerning the blasting, including, but not limited to, type and amount of explosive, the type of information provided to local property owners, the names and addresses of those individuals, the need for the blasting, alternatives to the use of explosives, names and qualifications of the person or persons performing the blasting duties and the potential impact of the blasting on the surrounding area, including the subsurface. This information shall be part of the public record.
(b) The State Fire Marshal must approve all blasting projects before those projects may proceed.
(c) The State Fire Marshal, local property owners and concerned citizens may, at all times, have the right to seek injunctive relief.
(d) The State Fire Commission shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to safeguard life and property through the adoption of a state blasting code. In those rules the State Fire Commission shall define the term "local property owners" and shall consider, at a minimum, the size of the construction project, the amount of explosives to be used and the distances those property owners are located from the project
: Provided, That all property owners immediately adjacent to the project shall be notified of any proposed blasting. The rules shall be in accordance with standard safe practices so embodied in widely recognized standards of good practice for explosive blasting by construction contractors throughout the state, effectuate the legislative intent of this section and establish penalties for violations.
(e) 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, regarding the storing, selling and use of blasting explosives used in conjunction with construction, renovation and all other aspects related to construction projects. The rules shall be known as the "State Blasting Code."



NOTE: The purpose of this bill is to require blasting contractors to notify the State Fire Marshal and local property owners before blasting. The State Fire Marshal must approve a blasting request before blasting may commence. The bill gives the State Fire Commission rule-making authority, including establishing penalties. The bill gives neighboring property owners and local citizens certain rights.

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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