ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 555
(By Senators Schoonover, Mitchell and Hunter)
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[Originating in the Committee on the Judiciary;
reported February 19, 1999.]
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A BILL to amend article fifteen, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
ten-b, relating to imposing mandatory safety procedures for
firefighters in situations deemed immediately dangerous to
life or health.
Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten- b, to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-10b. Mandatory safety procedures for situations deemed
immediately dangerous to life or health.
(a) In all atmospheres that are immediately dangerous to
life or health, hereinafter referred to as IDLH, the fire
department or company shall ensure that:
(1) One or, when needed, more than one firefighter, is
located outside the IDLH atmosphere;
(2) Visual, voice or signal line communication is maintained
between all firefighters in the IDLH atmosphere and those outside
the IDLH atmosphere;
(3) All firefighters located outside the IDLH atmosphere are
trained and equipped to provide effective emergency rescue;
(4) The fire department or company, or designee authorized
by the fire department or company, is notified before any
firefighter located outside the IDLH atmosphere enter the IDLH
atmosphere to provide emergency rescue;
(5) Once notified, the fire department or company, or
designee authorized by the fire department or company, provides
necessary assistance appropriate to the situation;
(6) All firefighters located outside the IDLH atmospheres
are equipped with:
(A) Pressure demand or other positive pressure self- contained breathing apparatus, hereinafter referred to as an
SCBA, or a pressure demand or other pressure-supplied air
respirator with an auxiliary SCBA, and either:
(I) Appropriate retrieval equipment for removing all
firefighters who enter IDLH atmospheres where retrieval equipment would contribute to the rescue of the firefighters and would not
increase the overall risk resulting from entry; or
(ii) Equivalent means of rescue where retrieval equipment is
not required or not available.
(b) In addition to the requirements set forth under
subsection (a) of this section, when the fire is located inside
a structure, the fire department or company shall ensure that:
(1) At least two firefighters enter the IDLH atmosphere and
remain in visual or voice contact with one another at all times;
(2) At least two firefighters are located outside the IDLH
atmosphere; and
(3) All firefighters engaged in fighting the interior
structural fire use an SCBA.
(c) Nothing in this section is meant to preclude:
(1) The assignment of one of fighters located outside the
IDLH atmosphere to an additional role, such as incident commander
in charge, emergency officer or safety officer, so long as this
firefighter is able to perform assistance or rescue activities
without jeopardizing the safety or health of any firefighter
working in the IDLH atmosphere; and
(2) The performance of emergency rescue activities by
firefighters before an entire team has assembled.
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