Senate Bill No. 103
(By Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan)
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[Introduced January 20, 1995; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section two, article six, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
state fire commission to promulgate legislative rules relating
to the state building code.
Be it enacted by the Legislature of West Virginia:
That section two, article six, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, to read as follows:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND
PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-2. State fire commission.
(a) The legislative rules filed in the state register on the
third day of January, one thousand nine hundred eighty-four,
relating to the state fire commission (state fire code), are authorized with the amendments set forth below:
On page 1, section 106, line 1, after the word "to" add the
words "personal care homes caring for five or less patients or";
And,
On page 26, section 11.06 (3) A. (3), strike the period at the
end of the sentence and add the words "except for existing sleeping
rooms owned by the state and located in dormitories or state
parks."
(b) The legislative rules filed in the state register on the
first day of August, one thousand nine hundred eighty-six, modified
by the state fire commission to meet the objection of the
legislative rule-making review committee and refiled in the state
register on the twenty-eighth day of October, one thousand nine
hundred eighty-six, relating to the state fire commission
(hazardous substance emergency response training program), are
authorized.
(c) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-eight,
modified by the state fire commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the eighth day of December, one thousand nine hundred eighty-eight, relating to the state fire commission (state building
code), are authorized.
(d) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
modified by the state fire commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of January, one thousand nine hundred
ninety, relating to the state fire commission (electrician
licensing), are authorized with the following amendment:
On page 6, section 3.03, by deleting all of subsection (A) and
inserting in lieu thereof the following:
"(A) Any person who performs electrical work with respect to
any property owned or leased by such person. For purposes of this
subparagraph: (1) 'property owner' includes the property owner,
lessee, and his or her maintenance personnel; and, (2) 'performs
electrical work' includes routine maintenance, repairs, and
improvements to existing structures; or."
(e) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
modified by the state fire commission to meet the objections of the
legislative rule-making review committee and refiled in the state register on the twenty-fifth day of October, one thousand nine
hundred eighty-nine, relating to the state fire commission (fees
for services rendered), are authorized with the amendment set forth
below:
On page 1, section 2.1(G), by striking out the word
"underground."
(f) The legislative rules filed in the state register on the
eleventh day of August, one thousand nine hundred eighty-nine,
modified by the state fire commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-sixth day of October, one thousand nine
hundred eighty-nine, relating to the state fire commission (fire
code), are authorized.
(g) The legislative rules filed in the state register on the
sixteenth day of July, one thousand nine hundred ninety, modified
by the state fire commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety, relating to the state fire commission (state
building code), are authorized with the amendments set forth below:
On page two, subsection 4.1 after the words "The BOCA National Property Maintenance Code, Third Edition, 1990" insert the
following ":
Provided,
That section PM-104.4 Right of Entry may be
adopted or rejected at the option of the local jurisdiction."
And,
On page two, subsection 4.1 by adding thereto a new
subdivision, designated subdivision 4.1.1 to read as follows:
"4.1.1 The following structures shall not be subject to
inspection by local jurisdictions:
4.1.1.a Group U utility structures and storage sheds
comprising an area of not more than 150 square feet which have no
plumbing or electrical connections and are utilized only for
residential storage purposes. (Examples include storage sheds that
are for the residential storage of lawnmowers, tools, bicycles or
furniture) Group U utility structures do not include those
utility structures and storage sheds which have plumbing or
electrical connections or are used for the storage of explosives or
other hazardous or explosive-type materials."
(h) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred ninety,
modified by the state fire commission to meet the objections of the
legislative rule-making review committee and refiled in the state register on the fifteenth day of January, one thousand nine hundred
ninety-one, relating to the state fire commission (state fire
code), are authorized.
(i) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred ninety-two,
modified by the state fire commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the thirtieth day of November, one thousand nine
hundred ninety-two, relating to the state fire commission
(electrician licensing), are authorized.
(j) The legislative rules filed in the state register on the
eighth day of August, one thousand nine hundred ninety-four,
modified by the state fire commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixteenth day of November, one thousand nine
hundred ninety-four, relating to the state fire commission (state
building code), are authorized.
NOTE: The purpose of this bill is to authorize the State Fire
Commission to promulgate legislative rules relating to the State
Building Code.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.
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