Bill-Fire, Building
H. B. 2167
(By Delegates Gallagher, Douglas, Compton, Linch, Faircloth
and Riggs)
((Introduced January 23, 1995; referred to the Committee
on Government Organization then the Judiciary.)
A BILL to amend and reenact section two, article six, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing
the state fire commission to promulgate legislative rules
relating to the state building code.
Be it enacted by the Legislature of West Virginia:
That section two, article six, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-2. State fire commission.
(a) The legislative rules filed in the state register on
the third day of January, one thousand nine hundred eighty-four,
relating to the state fire commission (state fire code), are
authorized with the amendments set forth below:
On page 1, section 106, line 1, after the word "to" add the
words "personal care homes caring for five or less patients or";
And,
On page 26, section 11.06 (3) A. (3), strike the period at
the end of the sentence and add the words "except for existing
sleeping rooms owned by the state and located in dormitories or
state parks."
(b) The legislative rules filed in the state register on
the first day of August, one thousand nine hundred eighty-six,
modified by the state fire commission to meet the objection of
the legislative rule-making review committee and refiled in the
state register on the twenty-eighth day of October, one thousand
nine hundred eighty-six, relating to the state fire commission
(hazardous substance emergency response training program), are
authorized.
(c) The legislative rules filed in the state register on the sixth day of September, one thousand nine hundred
eighty-eight, modified by the state fire commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of December,
one thousand nine hundred eighty-eight, relating to the state
fire commission (state building code), are authorized.
(d) The legislative rules filed in the state register on
the fourteenth day of August, one thousand nine hundred
eighty-nine, modified by the state fire commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of January,
one thousand nine hundred ninety, relating to the state fire
commission (electrician licensing), are authorized with the
following amendment:
On page 6, section 3.03, by deleting all of subsection (A)
and inserting in lieu thereof the following:
"(A) Any person who performs electrical work with respect
to any property owned or leased by such person. For purposes
of this subparagraph: (1) 'property owner' includes the
property owner, lessee, and his or her maintenance personnel; and, (2) 'performs electrical work' includes routine
maintenance, repairs, and improvements to existing structures;
or."
(e) The legislative rules filed in the state register on
the fourteenth day of August, one thousand nine hundred
eighty-nine, modified by the state fire commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fifth day of
October, one thousand nine hundred eighty-nine, relating to the
state fire commission (fees for services rendered), are
authorized with the amendment set forth below:
On page 1, section 2.1(G), by striking out the word
"underground."
(f) The legislative rules filed in the state register on
the eleventh day of August, one thousand nine hundred
eighty-nine, modified by the state fire commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-sixth day of
October, one thousand nine hundred eighty-nine, relating to the
state fire commission (fire code), are authorized.
(g) The legislative rules filed in the state register on
the sixteenth day of July, one thousand nine hundred ninety,
modified by the state fire commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the fifteenth day of November, one thousand
nine hundred ninety, relating to the state fire commission
(state building code), are authorized with the amendments set
forth below:
On page two, subsection 4.1 after the words "The BOCA
National Property Maintenance Code, Third Edition, 1990" insert
the following ":
Provided,
That section PM-104.4 Right of Entry
may be adopted or rejected at the option of the local
jurisdiction."
And,
On page two, subsection 4.1 by adding thereto a new
subdivision, designated subdivision 4.1.1 to read as follows:
"4.1.1 The following structures shall not be subject to
inspection by local jurisdictions:
4.1.1.a Group U utility structures and storage sheds
comprising an area of not more than 150 square feet which have no plumbing or electrical connections and are utilized only for
residential storage purposes. (Examples include storage sheds
that are for the residential storage of lawnmowers, tools,
bicycles or furniture) Group U utility structures do not
include those utility structures and storage sheds which have
plumbing or electrical connections or are used for the storage
of explosives or other hazardous or explosive-type materials."
(h) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred ninety,
modified by the state fire commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the fifteenth day of January, one thousand
nine hundred ninety-one, relating to the state fire commission
(state fire code), are authorized.
(i) The legislative rules filed in the state register on
the fourteenth day of August, one thousand nine hundred
ninety-two, modified by the state fire commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirtieth day of November,
one thousand nine hundred ninety-two, relating to the state fire commission (electrician licensing), are authorized.
(j) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-four,
modified by the state fire commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the sixteenth day of November, one thousand
nine hundred ninety-four, relating to the state fire commission
(state building code), are authorized.
NOTE: The purpose of this bill is to authorize the State
Fire Commission to promulgate legislative rules relating to the
State Building Code.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.