H. B. 2409
(By Delegates Varner, Caputo, Fragale, Manchin, Hartman,
Longstreth, Shaver, Martin and Perry)
[Introduced
February 16, 2009
; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §29-3A-1 of the Code of West Virginia,
1931, as amended, relating to providing that fire officers may
use adjacent property to prevent fire from spreading.
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;
(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, use or destroying destruction of any
fence, house, motor vehicle or other thing which may reasonably be
determined to be necessary to be pulled down, destroyed, used 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 provide that fire officers
may use adjacent property to prevent fire from spreading.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.