§7-1-3d. Levy for, establishment and operation of fire prevention units; financial aid.

(a) The county commission in any county may levy for and may erect, maintain and operate fire stations and fire prevention units and equipment therefor in the county: Provided, That if a county commission establishes a separate fire protection unit in any ~~city~~ municipality in West Virginia that is now operating under the provisions of the state civil service act for paid fire departments, then the new unit shall be operated in accordance with the provisions of the civil service act.

(b) Any county commission may render financial aid to any one or more public fire protection facilities in operation in the county for the general benefit of the public in the prevention of fires.

(c) Any county commission may ~~also~~ authorize ~~volunteer~~ fire companies or ~~paid fire~~ departments, as authorized by the West Virginia State Fire Marshal, to charge reasonable reimbursement fees for personnel and equipment used in performing firefighting ~~services~~ functions, victim rescue or cleanup of debris or hazardous materials ~~by department personnel~~ or such other service as authorized by the Fire Marshal. The rate for any such fees to be charged to real or personal property owners or other persons responsible or liable for payment for such services ~~must~~ shall be approved and established by ordinance by the county commission. Nothing in this section shall deem an insurance company liable for payment for such services where coverage is limited or excluded by an insurance contract.

(d) ~~and~~ Reimbursement fees for services rendered by the fire company or fire department must be reasonable~~: Provided, however, That~~ no, and the total fee for responding to any ~~single~~ incident or accident ~~shall~~ may not exceed ~~$500~~ $5,000, except: (1) An incident or accident involving hazardous materials.; (2) a fire incident at commercial use properties or structures; or (3) a fire incident at industrial use properties or structures: Provided, That the fee for any incident involving a single-family dwelling assessed against an owner-occupied residence may not exceed $1,000.

(e) The county commission shall require that any fees charged pursuant to the authority conferred by this section must be in writing and be itemized by specific services rendered and the rate for each service. and may include fees of equipment and personnel responding with the first due fire company or fire department by any and all mutual aid fire companies or fire departments.

(f) Reimbursement rates and fees authorized in this section shall be calculated as follows:

(1) The fee rate per hour, or one-half hour portion thereof, for motor powered firefighting apparatus shall be based upon the fully equipped apparatus with regard to the type of motor powered firefighting apparatus including future anticipated replacement cost of the motor powered apparatus on a twenty-year replacement basis and a reasonable allowance for accounting.

(2) The fee rate per hour, or one-half hour increment portion thereof, for firefighters shall be based upon a firefighter fully equipped with personal protective equipment consisting of helmet, hood, gloves, bunker coat, bunker pants, boots, personal light and personal self-contained breathing apparatus and spare bottle, including future anticipated replacement cost on a ten-year basis, and may include cost of remuneration, insurance, workers’ compensation protection and a reasonable allowance for accounting.

(3) The actual cost of replacing hose, tools, equipment, sustenance provisions or dispensable supplies used, damaged or lost in the course of answering the call for assistance. Hose, tools or equipment damaged in the course of answering the call for assistance shall be retained for a period of not less than six months following the date of loss to permit review, appraisal and adjustment by possible insurers answering the claim for reimbursement.

(4) The time basis for calculating the total fee for a specific motor powered firefighting apparatus commences at the time the apparatus initiates response, as recorded by the emergency dispatch center, and concludes at the time the apparatus leaves, or clears, from the scene of the accident or incident.

(5) The time basis for calculating the total fee for firefighters responding to the incident scene commences at the time the first apparatus for the respective fire company or fire department initiates response to the call for assistance and concludes at the time the last firefighting apparatus leaves, or clears, from the scene of the accident or incident as reported to and recorded by the emergency dispatch center of the county.

(g) The county commission may not authorize, and the fire company or fire department may not assess, reimbursement for any services rendered in response to a call for assistance to a property: (1) Previously assessed for fire service fees, whether established by a county commission or by a municipality and the assessed fire service fees are not delinquent; or (2) situated in a county where a fire protection levy was authorized by election of the voters and is in effect.