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WV Code § 15A-10-17 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 10. Fire Marshal|§15A-10-17. License Denial Limitation, Suspension, or Revocation

(a) The State Fire Marshal shall deny, limit, suspend, or revoke a license issued if the provisions of this article, or if the rules promulgated pursuant to this article or 15A-11-1 et seq. of this code are violated (b) Before any such license is denied, limited, suspended, or revoked, however, written notice shall be given to the licensee stating the grounds for such denial, limitation, suspension, or revocation.(c) An applicant or licensee has 10 working days after receipt of the order denying, limiting, suspending, or revoking a license to request a formal hearing contesting the denial, limitation, suspension, or revocation of a license under this article. If a formal hearing is requested, the applicant or licensee and the secretary shall proceed in accordance with the provisions of 29A-5-1 et seq. of this code.(d) If the license is denied, limited, suspended, or revoked, the license or certification holder shall cease and desist practices of their profession as of the effective date of the denial, limitation, suspension, or revocation. Any administrative appeal of such denial, limitation, suspension, or revocation shall not stay the denial, limitation, suspension, or revocation.(e) A party aggrieved by a decision by the State Fire Marshal may appeal such final decision to the Office of Administrative Hearings, pursuant to 15A-9-1 et seq. of this code, or may choose independent informal dispute resolution as set forth in this article.
WV Code § 15A-10-18 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 10. Fire Marshal|§15A-10-18. Independent Informal Dispute Resolution

(a) A license or certification holder adversely affected by an order or citation of a deficient practice issued pursuant to this article may request the independent informal dispute resolution process. A license or certificate holder may contest a cited deficiency as contrary to law or unwarranted by the facts or both.(b) The State Fire Marshal has the authority to establish conference panels composed of three persons of the licensed or certified skill to decide the outcome of the independent informal dispute resolution process. One member shall be selected by the State Fire Marshal, one member shall be selected by the licensee or certificate holder, and one member shall be selected by agreement of both. If a vacancy occurs on the panel, the replacement for that member shall be made by the original individual who had selected such member. The members of the panel shall serve without compensation. This panel shall hear the matter and render a decision. The licensee or certificate holder may not be accompanied by counsel during the independent informal dispute resolution conference.(c) Upon appeal of a decision rendered by the State Fire Marshal, the panel shall hold an informal conference affirming, modifying, or vacating an order of the State Fire Marshal, or issuing an order in the name of the State Fire Marshal. The panel shall forthwith notify the parties of its decision and as soon as practicable send written notices of its decision to the parties. The decision of the panel is final. The independent informal dispute resolution process is not a formal evidentiary proceeding.(d) A party aggrieved by a decision of a panel may appeal pursuant to 29A-5-1 et seq. of this code.(e) The State Fire Marshal shall promulgate a procedural rule to carry out the provisions of this section.
WV Code § 15A-10-19 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 10. Fire Marshal|§15A-10-19. Establishment of Demonstration Buildings and Equipment for Educational Instruction in Fire Prevention and Protection; Payment Therefor

The State Fire Marshal is authorized to establish for educational purposes in public and private schools and state educational institutions, demonstration buildings and equipment for fire prevention and protection, and such expenditures therefor shall be made from the funds appropriated therefor to the office of the State Fire Marshal.
WV Code § 15A-10-20 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 10. Fire Marshal|§15A-10-20. False Alarm of Fire; Penalties

No person shall make, report, or disclose, by any means of written or verbal communication, aid or abet in such, any alarm of fire which he or she knows to be false at the time of making or turning in the alarm.
WV Code § 15A-10-21 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 10. Fire Marshal|§15A-10-21. Tax on Insurance Companies

Every insurance company doing business in this state, except Farmers Mutual Fire Insurance companies, shall pay to the State Insurance Commissioner annually on or before March 1, in addition to the taxes now required by law to be paid by the companies, one half of one percent of the taxable premiums of the companies on insurance against the hazard of fire and on that portion of all other taxable premiums reasonably applicable to insurance against the hazard of fire which are included in other coverages, and received by it for insurance on property or risks in this state during the calendar year next preceding as shown by their annual statement under oath to the insurance department. The money so received by the State Insurance Commissioner is paid by him or her into the treasury and credited to the Special Revenue Fund created in 15A-10-7 of this code.
WV Code § 15A-10-22 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 10. Fire Marshal|§15A-10-22. Penalties

(a) Any person who violates any regulations promulgated by the State Fire Commission as provided in 15A-11-1 et seq. of this code, or by the State Fire Marshal as provided in this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 or confined in the county jail not more than 90 days, or both.Each day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues after knowledge or official notice that it is illegal is a separate offense.(b) Except as provided by the provisions of subsection (c) of this section, any person who violates the provisions of 15A-10-20 of this code shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined for a first offense not more than $100 or confined in jail for not more than 30 days, or both fined and confined; and for a second and each subsequent offense, fined not less than $100 nor more than $500, or confined in jail for not less than 90 days nor more than one year, or both.(c) Any person who violates the provisions of 15A-10-20 of this code with the intent to cause injury to the person of another, to cause destruction of the property of another, or to divert the attention of law enforcement or fire personnel to help effectuate the commission of another crime shall be guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one nor more than three years, or fined not more than $500, or both fined and confined.(d) Any officer who knowingly and willfully fails to perform any duty required of him or her by this article or who violates any of its provisions is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $50 for each failure or violation.(e) Any person who violates any other provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 or confined in jail not more than 90 days, or both fined and confined.
WV Code § 15A-10-23 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 10. Fire Marshal|§15A-10-23. Construction

Being in the interest of public safety, the provisions of this article shall be liberally construed.
WV Code § 15A-10-24 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 10. Fire Marshal|§15A-10-24. Severability

If any section, subsection, subdivision, subparagraph, sentence, or clause of this article is adjudged to be unconstitutional or invalid, such invalidation shall not affect the validity of the remaining portions of this article and, to this end, the provisions of this article are hereby declared to be severable.
WV Code § 15A-10-25 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 10. Fire Marshal|§15A-10-25. Awarding Service Weapon Upon Retirement of Fire Marshal or Service Weapon

(a) Upon the retirement of a State Fire Marshal, any full-time deputy fire marshal or any full-time assistant fire marshal employed by the State Fire Marshal pursuant to this article shall award to the retiring member his or her service weapon, without charge, upon determining:(1) That the retiring employee is retiring honorably with at least 20 years of service; or(2) The retiring employee is retiring with less than 20 years of service based upon a determination that the employee is totally physically disabled as a result of his or her service with the State Fire Marshal.(b) Notwithstanding the provisions of subsection (a) of this section, the State Fire Marshal may not award a service weapon to any employee whom the State Fire Marshal knows is prohibited from possessing a firearm, finds to be mentally incapacitated, or who constitutes a danger to any person or the community.(c) If a service weapon is taken out of service due to routine wear, the State Fire Marshal may offer the service weapon for sale to any active or retired State Fire Marshal, assistant state fire marshal, or deputy state fire marshal, at fair market value, with the proceeds from any sales used to offset the cost of new service weapons. The disposal of service weapons pursuant to this subsection does not fall within the jurisdiction of the Purchasing Division of the Department of Administration.
WV Code § 15A-11-2 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 11. Fire Commission|§15A-11-2. Chairperson; Vice Chairperson; Meetings; Quorum

(a) The State Fire Commission shall select a chairperson and vice chairperson from among its members and shall hold regular meetings at least once every two months and special meetings when called by its chairman. In the absence of the chairman, the vice chairman shall exercise the powers and duties of the chairman.(b) No business shall be transacted by the State Fire Commission in the absence of a quorum which shall be seven members, one of whom must be the chairperson or vice chairperson.
WV Code § 15A-11-3 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 11. Fire Commission|§15A-11-3. Promulgation of Rules and State Fire Code

(a) Pursuant to the provisions of 29A-3- 1 et seq. of this code, the State Fire Commission shall propose and promulgate comprehensive rules for the safeguarding of life and property from the hazards of fire and explosion to be known as the State Fire Code. Rules embodied in the State Fire Code shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection and have the force and effect of law in the several counties, municipalities, and political subdivisions of the state: Provided, That buildings or structures utilized primarily for agricultural purposes shall be exempt from the provisions of the State Building Code, the State Fire Code, and any county or municipal building code or ordinance that is or may be adopted, such as the ICC International Property Maintenance Code. The rule shall include, but not be limited to, standard safe practices for the design, construction, location, installation, maintenance, and operation of liquefied petroleum gas systems, and training standards and qualifications for persons who install or maintain liquefied petroleum gas systems.(b) The State Fire Commission may establish work groups and seek input in the rulemaking process from groups or individuals with an interest in any aspect of the fire code.(c) For purposes of this section, the term "agricultural purposes" means the raising, cultivation, drying, harvesting, marketing, production, or storage of agricultural products, including both crops and livestock, for sale or use in agriculture or agricultural production, or the storage of machinery or equipment used in support of agricultural production.
WV Code § 15A-11-4 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 11. Fire Commission|§15A-11-4. Hazardous Substance Emergency Response Training Programs

(a) The State Fire Commission shall promulgate rules pursuant to 29A-3-1 et seq. of this code establishing criteria for qualified training programs in hazardous substance emergency response activities and procedures for such qualified training programs to be certified by the State Fire Marshal.(b) For the purposes of this section, "hazardous substance" means any hazardous substance as defined in chapter 88, Acts of the Legislature, regular session, 1985, any "chemical substances and materials" listed in the rules promulgated by the Commissioner of Labor pursuant to 21-3-8 of this code, and any "hazardous waste" as defined in 22-18-1 et seq. of this code.
WV Code § 15A-11-6 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 11. Fire Commission|§15A-11-6. Public Hearings and Notice

Prior to the promulgation of a State Fire Code, or any amendments thereto, as provided in this article, the State Fire Commission shall hold at least one public hearing on the proposed regulations contained therein, notice of which shall be the same as the notice for a hearing as provided in the Administrative Procedure Act, chapter 29A of this code.
WV Code § 15A-11-7 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 11. Fire Commission|§15A-11-7. Commission S Powers in Conduct of Public Hearing

For the purposes of any public hearing under this article, the State Fire Commission is empowered and authorized to issue subpoenas and subpoenas duces tecum, to take testimony, and to administer oaths to any witness in any proceeding or examination instituted before it or conducted by it with reference to any matter within its jurisdiction. In all hearings or proceedings before the State Fire Commission, the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing; and in case of disobedience to a subpoena or other process, the State Fire Commission or any party to the proceedings before the commission may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses and the production of papers, books, and documents. Such court, in case of refusal to obey the subpoena issued to any person subject to the provisions of this chapter, shall issue an order requiring such person to appear before the State Fire Commission and produce all books and papers, if so ordered, and give evidence touching the matter in question.
WV Code § 15A-11-9 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 11. Fire Commission|§15A-11-9. Volunteer Firefighters Training and Equipment

(a) The State Fire Commission shall maintain oversight and authority over training, equipment requirements, and performance standards for volunteer fire departments and its members, establishing and maintaining said requirements pursuant to legislative rule, in accordance with the provisions of 29A-3-1 et seq. of this code, to establish training requirements for firefighters which:(1) Provide for:(A) Minimum training levels for rescue and firefighting;(B) Minimum levels of equipment needed to protect life and property within fire service areas;(C) Minimum performance standards the departments shall meet in response times, communications, levels of water flow, and pressure; and(D) Other performance measures as considered necessary to meet the overall goals of improved fire prevention and control;(2) Allow the training to be offered in segments, blocks, or modules: Provided, That no firefighter may engage in fire fighting activities, except in response to wildland fires, until he or she has completed all firefighter one training: Provided, however, That support members may provide ancillary assistance to firefighters as defined by the rule;(3) Provide for online training;(4) Allow testing to be done in person or online; and(5) Establish the testing requirements which include:(A) If the individual is required to test in person, then the tests shall be given regionally at various times throughout the year; or(B) If the individual is authorized to test online, then the requirements for online testing shall be established.(b) Notwithstanding any provision of this code to the contrary, the State Fire Commission may establish or continue a pilot project program which implements changes to standards imposed on volunteer fire fighting that address problems facing volunteer fire departments in the state, including issues related to training, recruitment, and retention. (1) The State Fire Commission may limit the number of participating volunteer fire departments in the pilot project program.(2) The State Fire Commission shall set the rules and conditions for participating volunteer fire departments by policies adopted and ratified by the commission.(3) On July 1 of each year, the State Fire Commission shall annually provide a full summary report of the status of the program to the Joint Committee on Government and Finance.(c) After conducting its evaluations of any fire department, the Office of the State Fire Marshal shall issue a certificate of evaluation to the chief of that department, which shall be made and issued in duplicate. The certificate of evaluation shall show the date of each evaluation and the notations relating thereto by the Office of the State Fire Marshal, and the most recent certificate of evaluation shall be posted at the fire department in such a conspicuous place and manner that the results are visible to the members of the department, and to members of the public.
WV Code § 15A-11-10 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 11. Fire Commission|§15A-11-10. Courtesy Certification of Firefighters in Surrounding States to Serve as Volunteer Firefighter

(a) It is the intention of the Legislature to permit individuals who have been certified as professional or volunteer firefighters in a state bordering West Virginia to serve as volunteer firefighters in West Virginia.(b) Beginning July 1, 2020, the State Fire Commission shall establish a process by which a courtesy certification to serve as a volunteer firefighter in this state may be issued to any person who satisfies the following requirements: (1) Is a certified professional or volunteer firefighter in good standing in a state bordering West Virginia; (2) Complies with the application process and procedures established by the State Fire Commission; and(3) Submits any required fee. (c) Issuance of a courtesy certification shall not be withheld by the State Fire Commission based on an individuals failure to satisfy the training requirements for volunteer firefighters set forth in legislative rules promulgated pursuant to 15A-11-9 of this code.(d) The State Fire Commission shall propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code to implement the provisions of this section. (e) Any courtesy certification issued pursuant to this section may be revoked at any time if the individuals certification in the bordering state is restricted, revoked, or otherwise expires. (f) Any courtesy certification issued pursuant to this section must be renewed biennially.(g) The State Fire Commission may deny, suspend, or revoke a courtesy certification if the certificate holder is, or has acted, not in compliance with all applicable laws, rules, and regulations. (h) Appeals from any final decision of the Fire Commission shall be heard by the Office of Administrative Hearings pursuant to this chapter.
WV Code § 15A-11-11 (2021)
2021 West Virginia Code|Chapter 15A. Department of Military Affairs and Public Safety|Article 11. Fire Commission|§15A-11-11. Fire Service Equipment and Training Fund; Creation of Fire Service Equipment and Training Grant; Reports of Ineligibility to State Fire Marshal

(a) There is hereby continued in the Treasury a special revenue fund to be known as the Fire Service Equipment and Training Fund. Expenditures from the fund by the State Fire Commission are authorized from collections. The fund may only be used for the purpose of providing grants to equip volunteer and part-volunteer fire companies and departments and their members, and to train volunteer and part-volunteer firefighters. Any balance remaining in the fund at the end of any fiscal year does not revert to the General Revenue Fund, but remains in the Special Revenue Fund.(b) The State Fire Commission shall establish a grant program for equipment and training for volunteer and part-volunteer fire companies and departments. Such grant program shall be open to all volunteer and part-volunteer fire companies and departments. In making grants pursuant to this section, the State Fire Marshal shall consider:(1) The number of emergency and nonemergency calls responded to by the company or department;(2) The activities and responses of the company or department;(3) The revenues received by the company or department from federal, state, county, municipal, local, and other sources; and(4) The companys or departments assets, expenditures, and other liabilities, including whether the fire company or department has availed itself of available statewide contracts.(c) The State Fire Commission may promulgate emergency rules and shall propose legislative rules for promulgation in accordance with 29A-3-1 et seq. of this code as may be necessary to implement and comply with the provisions of this section.(d) The Legislative Auditor shall notify the State Fire Marshal of any volunteer or part-volunteer fire company or department that is ineligible to receive grant funds due to the companys or departments failure to file required bank statements or financial reports or failure to comply with an audit or review by the Legislative Auditor. A volunteer or part-volunteer fire company or department reported by the Legislative Auditor shall be ineligible to receive funds under this section until the Legislative Auditor notifies the State Fire Marshal that the company or department has come into compliance.