WEST virginia legislature

2018 regular session

Introduced

Senate Bill 506

By Senators Swope, Smith, Boso, and Cline

[Introduced February 7, 2018; Referred
to the Committee on the Workforce; and then to the Committee on Government Organization]

A BILL to repeal §21-16-1, §21-16-2, §21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8, §21-16-9, and §21-16-10 of the Code of West Virginia, 1931, as amended; to repeal §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7 and §29-3D-8 of said code; and to amend and reenact §29-3-12b of said code, relating to deregulating persons who perform work on heating, ventilating, and cooling systems and fire dampers.

Be it enacted by the Legislature of West Virginia:

chapter 21.  labor.

ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.

§21-16-1. Declaration of purpose.

[Repealed]

§21-16-2. Definitions.

[Repealed]

§21-16-3. License required; exemptions.

[Repealed]

§21-16-4. Scope of practice.

[Repealed]

§21-16-5. Rule-making authority.

[Repealed]

§21-16-6. Enforcement; interagency agreements authorized.

[Repealed]

§21-16-7. Denial, suspension and revocation of license.

[Repealed]

§21-16-8. Penalties.

[Repealed]

§21-16-9. Inapplicability of local ordinances.

[Repealed]

§21-16-10. Disposition of fees.

[Repealed]

CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 3.  FIRE PREVENTION AND CONTROL ACT.

§29-3-12b.  Fees.

(a) The State Fire Marshal may establish fees in accordance with the following:

(1) For blasting. -- Any person storing, selling or using explosives shall first obtain a permit from the State Fire Marshal. The permit shall be valid for one year. The State Fire Marshal may charge a fee for the permit.

(2) For inspections of schools or day-care facilities. -- The State Fire Marshal may charge a fee of up to $25 per annual inspection for inspection of schools or day-care facilities:  Provided, That only one such fee may be charged per year for any building in which a school and a day-care facility are colocated:  Provided, however, That any school or day-care facility may not be charged for an inspection more than one time per 12-month period.

(3) For inspections of hospitals or nursing homes. -- The State Fire Marshal may charge an inspection fee of up to $100 per annual inspection of hospitals or nursing homes:  Provided, That any hospital or nursing home may not be charged for an inspection more than one time per 12-month period.

(4) For inspections of personal care homes or board and care facilities. -- The State Fire Marshal may charge an inspection fee of up to $50 per annual inspection for inspections of personal care homes or board and care facilities: Provided, That any personal care home or board and care facility may not be charged for an inspection more than one time per 12-month period.

(5) For inspections of residential occupancies. -- The State Fire Marshal may charge an inspection fee of up to $100 for each inspection of a residential occupancy. For purposes of this subdivision, “residential occupancies” are those buildings in which sleeping accommodations are provided for normal residential purposes.

(6) For inspections of mercantile occupancies. -- The State Fire Marshal may charge an inspection fee of up to $100 for inspections of mercantile occupancies: Provided, That if the inspection is in response to a complaint made by a member of the public, the State Fire Marshal shall obtain from the complainant an advance inspection fee of $25. This fee shall be returned to the complainant if, after the State Fire Marshal has made the inspection, he or she finds that the complaint was accurate and justified, and he or she shall thereafter collect an inspection fee of up to $100 from the mercantile occupancy. If, after the inspection has been performed, it appears to the State Fire Marshal that the complaint was not accurate or justified, the State Fire Marshal shall keep the $25 advance inspection fee obtained from the complainant and may not collect any fees from the mercantile occupant. For purposes of this section, “mercantile occupancy” includes stores, markets and other rooms, buildings or structures for the display and sale of merchandise.

(7) For business occupancies. -- The State Fire Marshal may charge an inspection fee of up to $100 for inspections of business occupancies: Provided, That the provisions in subdivision (6) of this section shall apply regarding complaints by members of the public. For purposes of this section, “business occupancies” are those buildings used for the transaction of business, other than mercantile occupancies, for the keeping of accounts and records and similar purposes.

(8) For inspections of assembly occupancies. -- The State Fire Marshal may charge an inspection fee not more than one time per 12-month period for the inspection of assembly occupancies. The inspection fee shall be assessed as follows: For Class C assembly facilities, an inspection fee not to exceed $50; for Class B assembly facilities, an inspection fee not to exceed $75; and for Class A facilities, an inspection fee not to exceed $100.

For purposes of this subdivision, an “assembly occupancy” includes, but is not limited to, all buildings or portions of buildings used for gathering together 50 or more persons for such purposes as deliberation, worship, entertainment, eating, drinking, amusement or awaiting transportation. For purposes of this section, a “Class C assembly facility” is one that accommodates 50 to 300 persons; a “Class B facility” is one which accommodates more than 300 persons but less than 1,000; and a “Class A facility” is one which accommodates more than 1,000 persons.

(b) The State Fire Marshal may collect fees for the fire safety review of plans and specifications for new and existing construction. Fees shall be paid by the party or parties receiving the review.

(1) Structural barriers and fire safety plans review. -- The fee is $1 for each $1,000 of construction cost up to the first $1 million. Thereafter, the fee is 80 cents for each $1,000 of construction cost.

(2) Sprinkler system review. -- The fee charged for the review of an individual sprinkler system is as follows: Number of heads: One to 200 -- $85; 201 to 300 hundred -- $100; 301 to 750 -- $120; over 750 -- $120 plus 10 cents per head over 750.

(3) Fire alarm systems review. -- The fee charged for the review of a fire alarm system is $50 for each 10,000 square feet of space with a $50 minimum charge.

(4) Range hood extinguishment system review. -- The fee is $25 per individual system reviewed.

(5) Carpet specifications. -- The fee for carpet review and approval is $20 per installation.

(c) All fees authorized and collected pursuant to this article, §29-3B-1 et seq. and §29-3C-1 et seq. and article three-d of this code shall be paid to the State Fire Commission and thereafter deposited into the special account in the State Treasury known as the “Fire Marshal Fees Fund”. Expenditures from the fund shall be for the purposes set forth in this article and §29-3B-1 et seq. and §29-3C-1 et seq. and three-d of this code and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon fulfillment of the provisions of §5A-2-1 et seq. of this code. Any balance remaining in the special account at the end of any fiscal year shall be re-appropriated to the next fiscal year.

(d) If the owner or occupant of any occupancy arranges a time and place for an inspection with the State Fire Marshal and is not ready for the occupancy to be inspected at the appointed time and place, the owner or occupant thereof shall be charged the inspection fee provided in this section unless at least 48 hours prior to the scheduled inspection the owner or occupant requests the State Fire Marshal to reschedule the inspection. In the event a second inspection is required by the State Fire Marshal as a result of the owner or occupant failing to be ready for the inspection when the State Fire Marshal arrives, the State Fire Marshal shall charge the owner or occupant of the occupancy the inspection fees set forth above for each inspection trip required.

(e) The fees provided for in this section shall remain in effect until such time as the Legislature has approved rules promulgated by the State Fire Marshal, in accordance with the provisions of §29A-3-1 et seq. of this code, establishing a schedule of fees for services.

ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.

§29-3D-1. Declaration of purpose.

[Repealed]

§29-3D-2. Definitions.

[Repealed]

§29-3D-3. License required; exemptions.

[Repealed]

§29-3D-4. Rule-making authority.

[Repealed]

§29-3D-5. Enforcement.

[Repealed]

§29-3D-6. Denial, suspension and revocation of license.

[Repealed]

§29-3D-7. Penalties.

[Repealed]

§29-3D-8. Inapplicability of local ordinances.

[Repealed]

NOTE: The purpose of this bill is to deregulate persons who perform work on heating, ventilating and cooling systems and fire dampers.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.