Introduced Version
House Bill 2382 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2382
(By Delegates Fleischauer and Marshall)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §29-3-5 of the Code of West Virginia,
1931, as amended, relating to the Fire Prevention and Control
Act; providing that all fire alarm systems, including all
components, shall be electronically supervised; and providing
an exception for existing lodging and rooming houses as
defined by the State Fire Code.
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 Regulations 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.
(d) Notwithstanding any other provision of the code, all fire
alarm systems, including all components, shall be electronically
supervised. However, existing lodging and rooming houses as
defined by the State Fire Code, shall be permitted to use low-power
wireless supervision in accordance with Standard 6.16 of the
National Fire Protection Association's National Fire Code and
otherwise permitted under successive provisions within The National
Fire Codes.
NOTE: The purpose of this is to provide that all fire alarm
systems, including all components, shall be electronically
supervised. It provides the exception that existing lodging and
rooming houses as defined by the State Fire Code, be permitted to
use low-power wireless supervision in accordance with Standard 6.16
of the National Fire Protection Association's National Fire Code
published by the National Fire Protection Association, and
permitted by successive provisions within The National Fire Codes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added
.