SB296 H FDEMS AM #1 3-17

Casto 3263

The Committee on Fire Departments and Emergency Medical Services moved to amend the Bill on page one, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

“Be it enacted by the Legislature of West Virginia:

ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-32. Fire department and emergency medical services fixed sirens; limitations on nuisance actions.

a) As used in this section, “fire department or emergency medical services fixed siren” means a siren of a fire department or emergency medical services station that is installed at a fixed location in close proximity to the station and is necessary for the effective operation of the fire department or emergency medical services station.

(b) A person may not maintain a nuisance action against a fire department or emergency medical services station located in the vicinity of that person’s property for noise generated by a fixed siren of a fire department or emergency medical services station if the siren was installed prior to the date the person acquired the property.

(c) A person who owns property in the vicinity of a fire department or emergency medical services station siren that was installed after the person acquired the property may maintain a nuisance action for noise against that fire department or emergency medical services station only if the action is brought within two years after the installation of the fire department or emergency medical services siren.”

Adopted

Rejected