ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2709
(By Delegates Varner, Caputo, Fragale, Manchin,
Hartman, Yost, Martin, Perry, Wysong, Shaver and Eldridge)
[Passed March 10, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §8-19-21 of the Code of West Virginia,
1931, as amended, relating to
municipal and county waterworks
systems and specifications for water mains generally; and
requiring the installation of fire hydrants at intervals of
not more than every two thousand feet on all water mains
installed or upgraded on platted roadways or highways after
the first day of July, two thousand seven.
Be it enacted by the Legislature of West Virginia:
That §8-19-21 of the Code of West Virginia, 1931, 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 or constructs water mains, shall
ensure that all new mains specifically intended to provide fire
protection are not less than six inches in diameter. Effective the
first day of July, two thousand seven, when any state or local government, public service district, public or private utility
installs or constructs water mains along a platted roadway or a
public highway, using a six inch or greater line, that is
specifically designed to provide fire protection, the state or
local government, public service district, public or private
utility shall install fire hydrants at intervals of not more than
two thousand feet, unless there are no dwellings or businesses
located one thousand feet from such proposed hydrant:
Provided,
That the Legislature shall study the effect, cost and feasibility
of the internal hydrant valve and report the findings of that study
to the regular session of the Legislature in the year two thousand
and eight. 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, however, 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 required by
the public or private utility:
Provided further, That the utility
providing service has sufficient hydraulic capacity as determined
by the Department of Health and Human Resources.
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