H. B. 2705
(By Delegates Pettit, Collins,
Thomas and Davis)
[Introduced March 24, 1997; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section twelve, article three,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
prohibiting a vehicle transporting hazardous materials from
parking within one thousand feet of any public or private
educational or health care facility.
Be it enacted by the Legislature of West Virginia:
That section twelve, article three, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-12. Powers and duties of state fire marshal.
(a) Enforcement of laws. -- The state fire marshal shall
enforce all laws of the state having to do with:
(1) Prevention of fire;
(2) The storage, sale and use of any explosive, combustible
or other dangerous article in solid, flammable liquid or gas
form;
(3) The installation and maintenance of equipment of all
sorts intended to extinguish, detect and control fires;
(4) The means and adequacy of exit, in case of fire, from
buildings and all other places in which persons work, live or
congregate from time to time for any purpose, except buildings
used wholly as dwelling houses for no more than two families;
(5) The suppression of arson.
(b) Assistance upon request. -- Upon request, the state fire
marshal shall immediately assist any chief of any recognized fire
company or department.
(c) Enforcement of regulations. -- The state fire marshal
shall enforce the regulations promulgated by the state fire
commission as authorized by section three of this article.
(d) Inspections generally. -- The state fire marshal shall
inspect all state, county and municipally owned institutions, all
public and private schools, theaters, churches and other places
of public assembly as to fire exits and reasonable safety
standards and report his or her findings and recommendations to the proper administrative heads.
(e) Right of entry. -- The state fire marshal may at all
reasonable hours enter any building or premises, other than
dwelling houses, for the purpose of making an inspection, which
he or she may deem consider necessary to be made under the
provisions of this article.
(f) Investigations. -- The state fire marshal may at any
time investigate as to the origin or circumstances of any fire or
explosion or attempt to cause fire or explosion occurring in the
state. The state fire marshal shall have the authority at all
times of the day or night, in performance of the duties imposed
by the provisions of this article, to investigate where any fires
or attempt to cause fires shall have occurred, or which at the
time may be burning. Notwithstanding the above provisions of
this subsection, prior to entering any building or premises for
the purposes of such an investigation, the state fire marshal
shall obtain a proper search warrant: Provided, That the same
shall may not be necessary where there is permissive waiver or
the state fire marshal is an invitee of the individual having
legal custody and control of the property, building or premises
to be searched.
(g) Testimony. -- The state fire marshal, in making an inspection or investigation, when in his or her judgment such the
proceedings are necessary, may take the statements or testimony
under oath of all persons who may be cognizant of any facts or
have any knowledge about the matter to be examined and inquired
into, and may have the statements or testimony reduced to
writing; and shall transmit a copy of such the statements or
testimony so taken to the prosecuting attorney for the county
wherein the fire or explosion or attempt to cause a fire or
explosion occurred. Notwithstanding the above, no person shall
be compelled to testify or give any such statement under this
subsection.
(h) Arrests; warrants; penalty. -- When in their judgment
such the examination as described in subsection (g) of this
section discloses that the fire or explosion or attempt to cause
a fire or explosion was of incendiary origin, the state fire
marshal, any full-time deputy fire marshal or any full-time
assistant fire marshal are hereby authorized and empowered:
(1) To arrest the supposed incendiary anywhere within the
confines of the state of West Virginia, or have him or her
arrested, for any violation of the provisions of this article or
of the arson-related offenses of article three, chapter sixty-one
of this code: Provided, That any and all persons so arrested shall be forthwith brought before the magistrate or circuit
court;
(2) To make complaint in writing before any court or officer
having jurisdiction and obtain, serve and execute an arrest
warrant when knowing or having reason to believe that anyone has
committed an offense under any provision of this article or of
the arson-related offenses of article three, chapter sixty-one of
this code. Proper return shall be made on all arrest warrants
before the tribunal having jurisdiction over such the violation;
(3) To make complaint in writing before any court or officer
having jurisdiction and obtain, serve and execute a warrant for
the search of any premises that may possess evidence or unlawful
contraband relating to violations of this article or of the
arson-related offenses of article three, chapter sixty-one of
this code. Proper return shall be made on all search warrants
before the tribunal having jurisdiction over such the violation.
(i) Witnesses and oaths. -- The state fire marshal is
empowered and authorized to issue subpoenas and subpoenas duces
tecum to compel the attendance of persons before him or her to
testify in relation to any matter which is, by the provision of
this article, a subject of inquiry and investigation by the state
fire marshal and cause to be produced before him or her such any papers as he may require in making such the examination. The
state fire marshal is hereby authorized to administer oaths and
affirmations to persons appearing as witnesses before him or her.
False swearing in any matter or proceeding aforesaid shall be
deemed is perjury and shall be punishable as such.
(j) Deputizing members of fire departments in this state.
-- The state fire marshal may deputize a member of any fire
department, duly organized and operating in this state, who is
approved by the chief of his or her department and who is
properly qualified, to act as his or her assistant for the
purpose of making inspections with the consent of the property
owner or the person in control of such the property and such the
investigations as may be directed by the state fire marshal, and
the carrying out of such the orders as may be prescribed by him
or her, to enforce and make effective the provisions of this
article and any and all regulations promulgated by the state fire
commission under authority of this article: Provided, That in
the case of a volunteer fire department, only the chief thereof
or his or her single designated assistant may be so deputized.
(k) Written report of examinations. -- The state fire
marshal shall, at the request of the county commission of any
county or the municipal authorities of any incorporated municipality in this state, make to them a written report of the
examination made by him or her regarding any fire happening
within their respective jurisdictions.
(l) Report of losses by insurance companies. -- It shall be
the duty of each fire insurance company or association doing
business in this state, within ten days after the adjustment of
any loss sustained by it that exceeds fifteen hundred dollars, to
report to the state fire marshal, upon forms furnished by him or
her, such the information regarding the amount of insurance, the
value of the property insured and the amount of claim as
adjusted, as in the judgment of the state fire marshal it is
necessary for him or her to know. This report is in addition to
any such information required by the state insurance
commissioner. Upon the request of the owner or insurer of any
property destroyed or injured by fire or explosion, or in which
an attempt to cause a fire or explosion may have occurred, the
state fire marshal shall make a written report to the person
requesting the same of the result of the examination made by him
or her regarding the property.
(m) Issuance of permits and licenses. -- The state fire
marshal is authorized to issue permits and licenses as required
in this article.
(n) Issuance of citations for fire and life safety
violations. -- The state fire marshal, any full-time deputy fire
marshal, any full-time assistant fire marshal are hereby
authorized, and any person deputized pursuant to subsection (j)
of this section who is approved by the chief of his or her
department and who is properly qualified, may be authorized by
the state fire marshal, to issue citations, in their respective
jurisdictions, for fire and life safety violations of the state
fire code and as provided for by the rules and regulations
promulgated by the state fire commission in accordance with
article three, chapter twenty-nine-a of this code: Provided,
That a summary report of all citations issued pursuant to this
section by persons deputized under subsection (j) of this section
shall be forwarded semiannually to the state fire marshal in such
the form and containing such the information as he or she may by
regulation require, including the violation for which the
citation was issued, the date of issuance, the name of the person
issuing the citation and the person to whom the citation was
issued. The state fire marshal may at any time revoke the
authorization of a person deputized pursuant to subsection (j) of
this section to issue citations, if in the opinion of the state
fire marshal, the exercise of such any authority by such the person is inappropriate.
Violations for which citations may be issued include, but
are not limited to:
(1) Overcrowding places of public assembly;
(2) Locked or blocked exits in public areas;
(3) Failure to abate a fire hazard;
(4) Blocking of fire lanes or fire department connections;
and
(5) Tampering with, or rendering inoperable except during
necessary maintenance or repairs, on-premise firefighting
equipment, fire detection equipment and fire alarm systems; and
(6) Parking a commercial vehicle transporting hazardous
materials within one thousand feet of any public or private
educational or health care facility: Provided, That any
commercial vehicle delivering hazard material commodities
essential to the operation of the facility is permitted to make
the deliveries.
No person deputized pursuant to subsection (j) of this
section may be authorized to issue a citation unless that person
has satisfactorily completed a law-enforcement officer training
course designed specifically for fire marshals. The course
shall be approved by the law-enforcement training subcommittee of the governor's committee on criminal justice and highway safety
and the state fire commission. In addition, no person deputized
pursuant to subsection (j) of this section may be authorized to
issue a citation until evidence of liability coverage of such the
person has been provided, in the case of a paid municipal fire
department by the municipality wherein the fire department is
located, or in the case of a volunteer fire department, by the
county commission of the county wherein the fire department is
located or by the municipality served by such the volunteer fire
department, and that evidence of liability coverage has been
filed with the state fire marshal.
(o) Penalties for violations. -- Any person who violates any
fire and life safety regulation of the state fire code shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars or imprisoned in the
county jail not more than ninety days, or both fined and
imprisoned.
Each and every day during which any illegal erection,
construction, reconstruction, alteration, maintenance or use
continues after knowledge or official notice that same is
illegal, shall be deemed is a separate offense.
NOTE: The purpose of this bill is to prohibit a commercial vehicle transporting hazardous materials from parking within one
thousand feet of any public or private educational or health care
facility.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.