WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
Senate Bill 433
By Senator Nelson
[Introduced January 19, 2022;
referred
to the Committee on Government Organization; and then to the Committee on the
Judiciary]
A BILL to amend and reenact §8-15-1 of the Code of West Virginia, 1931, as amended, relating to municipal fire departments; granting municipal fire marshal the authority to assist in the lawful execution of another law-enforcement officer’s official duties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-1. Power and authority of governing body with respect to fires.
The governing body of every
municipality shall have plenary power and authority to provide for the
prevention and extinguishment of fires and, for this purpose, it may, among
other things, regulate how buildings shall be constructed, procure proper engines
and implements, provide for the organization, equipment, and government of
volunteer fire companies or of a paid fire department, prescribe the powers and
duties of the companies or department, and of the several officers, provide for
the appointment of officers to have command of firefighting, prescribe what
their powers and duties shall be, and impose on those who fail or refuse to
obey any lawful command of the officers any penalty which the governing body is
authorized by law to impose for the violation of an ordinance. It may give
authority to any the officer or officers to direct the pulling down or
destroying of any fence, house, building, or other thing, if determined
necessary to prevent the spreading of a fire. It may give authority to
municipal fire marshals to (1) arrest any individual disobeying lawful orders
at the scene of a fire, (2) arrest any individual who violates prohibitions
against arson and explosives offenses, malicious burning, obstructing a fire
marshal, or failing to obey lawful orders, (3) arrest without a warrant, if the
unlawful conduct occurs in their presence, (4) upon the request of any
federal law-enforcement officer, state police officer, natural resources police
officer, or any county or municipal law-enforcement officer, the municipal fire
marshal, employed pursuant to the provisions of this article, may assist in the
lawful execution of the requesting officer’s official duties: Provided,
That the municipal fire marshal, or other person authorized to act under this
subsection, shall at all times work under the direct supervision of the
requesting officer, and
(4) (5) file criminal complaints with the municipal court or
other appropriate judicial officer in order to obtain a warrant for the arrest
and initiate a criminal matter: Provided, That any officer given this
authority shall receive initial and annual training that complies with Law
Enforcement Core Training Standards of the West Virginia State Fire Commission
and the West Virginia State Fire Marshal.
NOTE: The purpose of this bill is to provide a municipal fire marshal with the authority to assist a law-enforcement officer when requested.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.