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Chapter 29     Entire Code


ARTICLE 1. DIVISION OF CULTURE AND HISTORY.

ARTICLE 1A. COMMISSION ON UNIFORM STATE LAWS.

ARTICLE 1B. COMMISSION ON INTERSTATE COOPERATION.

ARTICLE 1C. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN.

ARTICLE 1D. OHIO RIVER VALLEY WATER SANITATION COMMISSION.

ARTICLE 1E. SOUTHERN STATES ENERGY COMPACT.

ARTICLE 1F. WHEELING CREEK WATERSHED PROTECTION AND FLOOD PREVENTION DISTRICT COMPACT.

ARTICLE 1G. INTERSTATE COMPACT ON AIR POLLUTION.

ARTICLE 1H. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT.

ARTICLE 1I. VOLUNTARY VETERANS MEMORIAL CHECK-OFF PROGRAM.

ARTICLE 1J. JENNINGS RANDOLPH LAKE PROJECT COMPACT.

ARTICLE 2. GEODETIC AND GEOLOGICAL SURVEY.

ARTICLE 2A. STATE AERONAUTICS COMMISSION.

ARTICLE 2B. WEATHER MODIFICATION.

ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-1. Short title.
§29-3-2. Legislative findings and declaration of policy.
§29-3-3. State Fire Commission created; composition; qualifications; appointment; terms of office; removal; vacancies; compensation and expenses.
§29-3-4. Chairman; vice chairman; meetings; quorum.
§29-3-5. Promulgation of rules and State Fire Code.
§29-3-5a. Hazardous substance emergency response training programs.
§29-3-5b. Promulgation of rules and statewide building code.
§29-3-5c. Liquified petroleum gas systems.
§29-3-5d. Volunteer firefighters’ training.
§29-3-5e. Courtesy certification of firefighters in surrounding states to serve as volunteer firefighter.
§29-3-5f. Fire Service Equipment and Training Fund; creation of fire service equipment and training grant.
§29-3-5g. Class B fire-fighting foam.
§29-3-6. Public hearings and notice.
§29-3-7. Commission’s powers in conduct of public hearing.
§29-3-8. Comprehensive report by State Fire Marshal.
§29-3-9. Powers, duties and authority of State Fire Commission and State Fire Marshal.
§29-3-10. State fire marshal’s office transferred to state Fire Commission; powers and duties of state Insurance Commissioner with respect to fire marshal terminated; operation of commission prior to adoption of code.
§29-3-11. Appointment of State Fire Marshal; term of office; removal; salary; qualifications; responsibilities; employees; equipment.
§29-3-12. Powers and duties of State Fire Marshal.
§29-3-12a. Responsibilities of insurance companies in fire loss investigation.
§29-3-12b. Fees.
§29-3-13. Annual reports.
§29-3-14. Maintenance of fire hazard; order for repair or demolition; order to contain notice to comply and right to appeal.
§29-3-15. Service of repair or demolition order.
§29-3-16. Work to be done at expense of owner or occupant upon failure to comply with repair or demolition order; action to recover.
§29-3-16a. Smoke detectors in one- and two-family dwellings; carbon monoxide detectors in residential units, schools, and daycare facilities; penalty.
§29-3-16b. Use of live trees in public buildings; exceptions.
§29-3-16c. Safety standards for bed and breakfast establishments; findings.
§29-3-16d. Performance of installation of propane gas systems.
§29-3-17. Additional remedies to abate, etc., fire hazards.
§29-3-18. Appellate procedure generally.
§29-3-19. Establishment of demonstration buildings and equipment for educational instruction in fire prevention and protection; payment therefor.
§29-3-20.
§29-3-21. False alarm of fire; penalties.
§29-3-22. Tax on insurance companies.
§29-3-23
§29-3-24
§29-3-25
§29-3-26
§29-3-27. Penalties.
§29-3-28. Transfer of certain state employees; perpetuation of rules, regulations and orders.
§29-3-29. Construction.
§29-3-30. Severability.
§29-3-31.
§29-3-32. Awarding service weapon upon retirement of fire marshal or service weapon.

ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.

ARTICLE 3B. SUPERVISION OF ELECTRICIANS.

ARTICLE 3C. CERTIFICATION OF ELECTRICAL INSPECTORS.

ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.

ARTICLE 3E. FIREWORKS SAFETY.

ARTICLE 4. NOTARIES PUBLIC AND COMMISSIONERS.

ARTICLE 4A. DEPARTMENT OF PUBLIC WELFARE.

ARTICLE 5. BUREAU OF NEGRO WELFARE AND STATISTICS.

ARTICLE 5A. STATE ATHLETIC COMMISSION.

ARTICLE 6. CIVIL SERVICE SYSTEM.

ARTICLE 6A. GRIEVANCE PROCEDURE FOR STATE EMPLOYEES.

ARTICLE 7. POET LAUREATE.

ARTICLE 8. BLENNERHASSETT ISLAND HISTORICAL STATE PARK COMMISSION.

ARTICLE 9. INDUSTRIAL AND PUBLICITY COMMISSION.

ARTICLE 10. STATE PLANNING BOARD.

ARTICLE 11. SURPLUS PROPERTY AGENCY.

ARTICLE 12. STATE INSURANCE.

ARTICLE 12A. GOVERNMENTAL TORT CLAIMS AND INSURANCE REFORM ACT.

ARTICLE 12B. WEST VIRGINIA HEALTH CARE PROVIDER PROFESSIONAL LIABILITY INSURANCE AVAILABILITY ACT.

ARTICLE 12C. PATIENT INJURY COMPENSATION PLAN.

ARTICLE 12D. WEST VIRGINIA PATIENT INJURY COMPENSATION FUND.

ARTICLE 13. ECONOMIC DEVELOPMENT AGENCY.

ARTICLE 14. STATE COMMISSION ON AGING.

ARTICLE 15. STATE COMMISSION ON INTELLECTUAL DISABILITY.

ARTICLE 16. DEPARTMENT OF PERSONNEL.

ARTICLE 17. THE WEST VIRGINIA ARTS AND HUMANITIES COUNCIL.

ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.

ARTICLE 19. SOLICITATION OF CHARITABLE FUNDS ACT.

ARTICLE 20. WOMEN\'S COMMISSION.

ARTICLE 21. PUBLIC DEFENDER SERVICES.

ARTICLE 22. STATE LOTTERY ACT.

ARTICLE 22A. RACETRACK VIDEO LOTTERY.

ARTICLE 22B. LIMITED VIDEO LOTTERY.

ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.

ARTICLE 22D. WEST VIRGINIA LOTTERY SPORTS WAGERING ACT.

ARTICLE 22E. WEST VIRGINIA LOTTERY INTERACTIVE WAGERING ACT.

ARTICLE 23. WEST VIRGINIA BOUNDARY COMMISSION.

ARTICLE 24. TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES ACT.

ARTICLE 25. AUTHORIZED GAMING FACILITY.

ARTICLE 26. WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY.

ARTICLE 27. NATIONAL COAL HERITAGE AREA AUTHORITY.

ARTICLE 28. COAL HERITAGE HIGHWAY AUTHORITY.

ARTICLE 29. VOLUNTEER FOR NONPROFIT YOUTH ORGANIZATIONS ACT.

ARTICLE 30. EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT.

ARTICLE 31. STATE RESILIENCY AND FLOOD PROTECTION PLAN ACT.

ARTICLE 32. MEDALS OF VALOR.

ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.

§29-3-1. Short title.

[Repealed]

§29-3-2. Legislative findings and declaration of policy.

[Repealed.]

§29-3-3. State Fire Commission created; composition; qualifications; appointment; terms of office; removal; vacancies; compensation and expenses.

[Repealed.]

§29-3-4. Chairman; vice chairman; meetings; quorum.

[Repealed.]

§29-3-5. Promulgation of rules and State Fire Code.

[Repealed.]

§29-3-5a. Hazardous substance emergency response training programs.

[Repealed.]

§29-3-5b. Promulgation of rules and statewide building code.

[Repealed.]

§29-3-5c. Liquified petroleum gas systems.

[Repealed.]

§29-3-5d. Volunteer firefighters’ training.

[Repealed.]

§29-3-5e. Courtesy certification of firefighters in surrounding states to serve as volunteer firefighter.

[Repealed.]

§29-3-5f. Fire Service Equipment and Training Fund; creation of fire service equipment and training grant.

[Repealed.]

§29-3-5g. Class B fire-fighting foam.

(a) The State Fire Commission shall, on or before July 1, 2021, propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to provide:

(1) Standard safe practices for the discharge or otherwise use class B fire-fighting foam that contains intentionally added polyfluoroalkyl substances (PFAS).

(2) For purposes of this section:

“Class B fire-fighting foam” means any foam designed to extinguish flammable liquid fires.

“PFAS chemicals” means nonpolymeric perfluoroalkyl and polyfluoroalkyl substances that are a group of man-made chemicals that contain at least two (2) fully fluorinated carbon atoms, excluding gases, and volatile liquids.

“Testing” means calibration testing, conformance testing, or fixed system testing.

“Testing Facility” allows the discharge of foam in a non-emergency situation for the evaluation and calibration of firefighting equipment and foam. This facility may also have the capability to provide some level of needed training for firefighters.

“Fixed Foam System” means a complete installation piped from a central foam station, discharging through fixed discharge devices on the flammable liquid hazard being protected. Foam proportioning components are permanently installed.  The system has been engineered for the hazard and often contains multiple (UL or FM) listed components and foam.

“Foam Training Facility” shall mean to allow the discharge of foam in a non-emergency situation for the training of firefighters and readiness of equipment.  This facility may also have the capability to provide some level of needed evaluation and calibration of equipment and foam.

(b) On or after July 1, 2021, no person, fire department, state department, agency, board, bureau, office, commission, public corporation, or authority; county, municipal corporation, school district, or other political subdivision of this state may discharge or otherwise use class B fire-fighting foam that contains intentionally added PFAS chemicals unless:

(1) The discharge or other use occurs in fire prevention or in response to an emergency fire-fighting operation; or

(2) The discharge or other use is for training or testing purposes which occurs at a facility that has implemented containment, storage, treatment, and disposal measures to prevent uncontrolled releases of such class B fire-fighting foam into the environment.

(c) Nothing in this code section may be construed to:

(1) Restrict the manufacture, sale, or distribution of class B fire-fighting foam that contains intentionally added PFAS chemicals or restrict the discharge or other use of class B fire-fighting foam in response to an emergency fire-fighting operation; or

(2) Prevent the use of nonfluorinated foams, including other class B fire-fighting foams, for purposes of training for fire-fighting operations.

(d) The State Fire Commission may establish work groups and seek input in the rulemaking process from groups or individuals with an interest in any aspect of the use of class B fire-fighting foams.

§29-3-6. Public hearings and notice.

[Repealed.]

§29-3-7. Commission’s powers in conduct of public hearing.

[Repealed.]

§29-3-8. Comprehensive report by State Fire Marshal.

[Repealed.]

§29-3-9. Powers, duties and authority of State Fire Commission and State Fire Marshal.

[Repealed.]

§29-3-10. State fire marshal’s office transferred to state Fire Commission; powers and duties of state Insurance Commissioner with respect to fire marshal terminated; operation of commission prior to adoption of code.

[Repealed.]

§29-3-11. Appointment of State Fire Marshal; term of office; removal; salary; qualifications; responsibilities; employees; equipment.

[Repealed.]

§29-3-12. Powers and duties of State Fire Marshal.

[Repealed.]

§29-3-12a. Responsibilities of insurance companies in fire loss investigation.

[Repealed.]

§29-3-12b. Fees.

[Repealed.]

§29-3-13. Annual reports.

[Repealed]

§29-3-14. Maintenance of fire hazard; order for repair or demolition; order to contain notice to comply and right to appeal.

[Repealed.]

§29-3-15. Service of repair or demolition order.

[Repealed.]

§29-3-16. Work to be done at expense of owner or occupant upon failure to comply with repair or demolition order; action to recover.

[Repealed.]

§29-3-16a. Smoke detectors in one- and two-family dwellings; carbon monoxide detectors in residential units, schools, and daycare facilities; penalty.

[Repealed.]

§29-3-16b. Use of live trees in public buildings; exceptions.

[Repealed.]

§29-3-16c. Safety standards for bed and breakfast establishments; findings.

[Repealed.]

§29-3-16d. Performance of installation of propane gas systems.

[Repealed.]

§29-3-17. Additional remedies to abate, etc., fire hazards.

[Repealed.]

§29-3-18. Appellate procedure generally.

[Repealed.]

§29-3-19. Establishment of demonstration buildings and equipment for educational instruction in fire prevention and protection; payment therefor.

[Repealed.]

§29-3-20.

Repealed.

Acts, 2001 Reg. Sess., Ch. 131.

§29-3-21. False alarm of fire; penalties.

[Repealed.]

§29-3-22. Tax on insurance companies.

[Repealed.]

§29-3-23

Repealed.

Acts, 2016 Reg. Sess., Ch. 121

§29-3-24

Repealed.

Acts, 2016 Reg. Sess., Ch. 121

§29-3-25

Repealed.

Acts, 2016 Reg. Sess., Ch. 121

§29-3-26

Repealed.

Acts, 2016 Reg. Sess., Ch. 121

§29-3-27. Penalties.

[Repealed.]

§29-3-28. Transfer of certain state employees; perpetuation of rules, regulations and orders.

[Repealed.]

§29-3-29. Construction.

[Repealed.]

§29-3-30. Severability.

[Repealed.]

§29-3-31.

Repealed.

Acts, 2010 Reg. Sess., Ch. 32.

§29-3-32. Awarding service weapon upon retirement of fire marshal or service weapon.

[Repealed]

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