ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 4510
(By Delegates Leach, Riggs, Underwood,
Caputo, Varner and Davis)
(Originating in the Committee on the Judiciary)
[March 3, 1998]
A BILL to amend and reenact section twenty-one, article nineteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to municipal
and county waterworks systems; specifications for water
mains; requiring the installation of fire hydrants at
intervals of not more than every two thousand feet in all
new installation of water mains; requiring minimum flow
levels for all new fire hydrants; specifying size
requirements for all new water mains; and authorizing
property owners to have fire hydrants installed by private
or public utilities for the cost of labor and materials.
Be it enacted by the Legislature of West Virginia:
That section twenty-one, article nineteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 19. MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER
SYSTEMS.
§8-19-21. Specifications for water mains and water service
pipes.
Considering the importance of public fire protection, any
state or local government, public service district, public or
private utility which installs, constructs, maintains, or
upgrades water mains, shall ensure that all new mains
specifically intended to provide fire protection are supplied by
mains which are not less than six inches in diameter
and shall
ensure that all new mains are not less than six inches in
diameter. There shall be a fire hydrant installed on all new
mains at intervals of not more than every two thousand feet
unless the state fire marshal determines the installation is not
necessary to protect life or property. The minimum flow of new
fire hydrants shall be five hundred gallons per minute. Any
property owner shall have the right to pay the public or private
utility that maintains water mains to install a fire hydrant to
lower insurance premiums. Cost shall not exceed labor and
materials of such improvement. A permit or other written
approval shall be obtained from the department of health and
human resources for each hydrant or group of hydrants installed
in compliance with section nine, article one, chapter sixteen of
the West Virginia code as amended:
Provided, That all newly
constructed water distribution systems transferred to a public or
private utility shall have mains at least six inches in diameter
where fire flows are desired or required by the public or private
utility:
Provided, however, That the utility providing service has sufficient hydraulic capacity as determined by the department
of health and human resources
to provide for the transfer of
service.
NOTE: The purpose of this bill is to require the
installation of fire hydrants at intervals of not less than one
thousand feet in all upgrades of water mains and construction and
installation of new mains.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.