Introduced Version
House Bill 2423 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2423
(By Delegate Boggs)
[Introduced February 13, 2013; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §7-1-3d of the Code of West Virginia,
1931, as amended, relating to allowing county fire companies
and departments to charge reasonable reimbursement fees for
personnel and equipment used in performing fire fighting
services, victim rescue or cleanup of debris or hazardous
materials by department personnel without county commission
approval, unless otherwise restricted by a county ordinance
addressing the reimbursement.
Be it enacted by the Legislature of West Virginia:
That §7-1-3d of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3d. Levy for, establishment and operation of fire prevention
units; financial aid.
(a) The county commission in any county may levy for and may
erect, maintain and operate fire stations and fire prevention units
and equipment therefor in the county: Provided, That if a county
commission establishes a separate fire protection unit in any city
in West Virginia that is now operating under the provisions of the
state civil service Act provisions of article fifteen, chapter
eight of this code for paid fire departments, then the new unit
shall be operated in accordance with the provisions of the civil
service act that article. Any county commission may render
financial aid to any one or more public fire protection facilities
in operation in the county for the general benefit of the public in
the prevention of fires. Any county commission may also authorize
(b) Volunteer fire companies or paid fire departments to may
charge reasonable reimbursement fees for personnel and equipment
used in performing fire fighting services, victim rescue or cleanup
of debris or hazardous materials by department personnel. The rate
for any such fees to be charged to property owners or other persons
responsible or liable for payment for such services must be
approved by the county commission and must be reasonable:
Provided, however, That No fee for any single incident or accident
shall may exceed $500 $1,000 except an incident or accident
involving hazardous materials. The county commission shall require
that any fees charged pursuant to the authority conferred by this
section must be in writing and be itemized by specific services rendered and the rate for each service.
(c) A county commission may by ordinance:
_____(1) Prohibit the seeking of reimbursement or change the
amount, provided in subsection (b) of this section, a fire company
or department may seek as reimbursement; and
_____(2) Provide procedures that a fire company or department is
required to follow in order to seek reimbursement.
_____(d) In the absence of an ordinance, any fees charged by a fire
company or department must be in writing and itemized by the
specific services rendered and the rate for each service.
_____(e) A fire company or department may not refuse to provide its
usual services due to either the fact that a person has not paid a
fee charged under this section or a perception that a potential
responsible party might not be able to pay a fee charged under this
section.
NOTE: The purpose of this bill is to allow county fire
companies and departments to charge reasonable reimbursement fees
for personnel and equipment used in performing fire fighting
services, victim rescue or cleanup of debris or hazardous materials
by department personnel without county commission approval, unless
otherwise restricted by a county ordinance addressing the
reimbursement.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.