H. B. 3219
(By Delegates Wooton, Moye, Shook, Susman,
Frazier, Manchin, Fleischauer, Mahan, Sumner,
Ellem and Miley)
[Introduced March 18, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto two new sections, designated §29-3-5c and §29-
3-5d, all relating to adopting the standards of National Fire
Protection Association for the handling and storing of
liquefied petroleum gases and for gas appliances and gas
piping; and authorizing the State Fire Commission to
promulgate rules to implement those standards.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto two new sections, designated §29-3-5c and §29-3-
5d, all to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5c. Promulgation of rules for liquefied petroleum gases.
(a) The standards of the National Fire Protection
Association (NFPA) for the storage and handling of liquefied
petroleum gases as published in the "NFPA 54: Liquefied Petroleum Gas Code, 2008 Edition" are adopted to be the standards for the
storage and handling of liquefied petroleum gases for this state.
(b) The State Fire Commission has authority to propose rules
for legislative approval, in accordance with the provisions of
article three, chapter twenty-nine-a of this code, regarding
implementing the standards adopted in subsection (a) of this
section.
(c) The State Fire Commission has authority to propose rules
for legislative approval, in accordance with the provisions of
article three, chapter twenty-nine-a, establishing state standards
and fee schedules for the licensing, registration, certification,
regulation and continuing education of persons who will conduct
inspections relating to the standards adopted in subsection (a) of
this section.
(d) The State Fire Commission has authority to establish
advisory boards as it deems appropriate to encourage representative
participation in subsequent rulemaking from groups or individuals
with an interest in any aspect of the standards adopted in
subsection (a) of this section.
§29-3-5d. Promulgation of rules for gas appliances and gas piping.
(a) The standards of the National Fire Protection
Association (NFPA) for gas appliances and gas piping as published
in the "NFPA 58: National Fuel Gas Code, 2006 Edition" are adopted
as the standards for gas appliances and gas piping for this state. (b) The State Fire Commission has authority to propose rules
for legislative approval, in accordance with the provisions of
article three, chapter twenty-nine-a of this code, regarding
implementing the standards adopted in subsection (a) of this
section.
(c) The State Fire Commission has authority to propose rules
for legislative approval, in accordance with the provisions of
article three, chapter twenty-nine-a, establishing state standards
and fee schedules for the licensing, registration, certification,
regulation and continuing education of persons who will conduct
inspections relating to the standards adopted in subsection (a) of
this section.
(d) The State Fire Commission has authority to establish
advisory boards as it deems appropriate to encourage representative
participation in subsequent rulemaking from groups or individuals
with an interest in any aspect of the standards adopted in
subsection (a) of this section.
NOTE: The purpose of this bill is to adopt the standards of
National Fire Protection Association for the handling and storing
of liquefied petroleum gases and for gas appliances and gas piping.
The bill also authorizes the State Fire Commission to promulgate
rules to implement those standards.
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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