2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-7. Fees

(a) The State Fire Marshal is authorized to propose rules for legislative authorization pursuant to 29A-3-1
et seq.
of this code to establish fees in accordance with the following:
(1) For blasting;
(2) For inspections of schools or day-care facilities;
(3) For inspections of hospitals or nursing homes;
(4) For inspections of personal care homes or board and care facilities;
(5) For inspections of residential occupancies;
(6) For inspections of mercantile occupancies;
(7) For business occupancies; and
(8) For inspections of assembly occupancies;
For purposes of this subdivision, an "assembly occupancy" includes, but is not limited to, all buildings or portions of buildings used for gathering together 50 or more persons for such purposes as deliberation, worship, entertainment, eating, drinking, amusement, or awaiting transportation. For purposes of this section, a "Class C assembly facility" is one that accommodates 50 to 300 persons, a "Class B facility" is one which accommodates more than 300 persons but less than 1,000 persons, and a "Class A facility" is one which accommodates more than 1,000 persons.
(b) The State Fire Marshal may collect fees for the fire safety review of plans and specifications for new and existing construction. Fees shall be paid by the party or parties receiving the review.
(1) Structural barriers and fire safety plans review;
(2) Sprinkler system review;
(3) Fire alarm systems review;
(4) Range hood extinguishment system review;
(5) Carpet specifications;
(c) All fees authorized and collected pursuant to this article, 29-3B-1
et seq.
, 29-3C-1
et seq.,
and 29-3D-1
et seq.
of this code shall be paid to the State Fire Marshal and thereafter deposited into the special account in the State Treasury known as the Fire Marshal Fees Fund. Expenditures from the fund shall be for the purposes set forth in this article and 29-3B-1
et seq.
, 29-3C-1
et seq.,
and 29-3D-1
et seq.
of this code and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of 12-3-1 et seq. of this code and upon fulfillment of the provisions of 5A-2-1
et seq.
of this code. Any balance remaining in the special account at the end of any fiscal year shall be reappropriated to the next fiscal year.
(d) If the owner or occupant of any occupancy arranges a time and place for an inspection with the State Fire Marshal and is not ready for the occupancy to be inspected at the appointed time and place, the owner or occupant thereof shall be charged the inspection fee provided in this section unless at least 48 hours prior to the scheduled inspection the owner or occupant requests the State Fire Marshal to reschedule the inspection. In the event a second inspection is required by the State Fire Marshal as a result of the owner or occupant failing to be ready for the inspection when the State Fire Marshal arrives, the State Fire Marshal shall charge the owner or occupant of the occupancy the inspection fees set forth above for each inspection trip required.