reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-10 - Effect of Noncompliance

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Any person, firm, corporation or employee thereof, or any representative,
				member or officer of such firm or corporation, individually, entering upon or
				engaging in the business of performing any electrical work as defined in W. Va.
				Code '29-3B-1 et
				seq. and these rules, without possessing the required license or otherwise
				complying with W. Va. Code '29-3B-1 et
				seq., is for the first offense guilty of a misdemeanor, and, upon conviction
				thereof, shall be fined not more than one hundred dollars ($100.00). For a
				second and each subsequent offense, the penalty and punishment is a fine of not
				less than one hundred dollars ($100.00) nor more than five hundred dollars
				($500.00).
Each day during which such electrical work is performed
				  without the required license or while in non-compliance with any of the
				  provisions of W. Va. Code '29-3B-1 et
				  seq., after official notice that such work is unlawful, is a separate
				  offense.
Any electrical work performed by a person, firm or
				  corporation which is determined by the State Fire Marshal to constitute a
				  safety or health hazard to members of the public or any electrical work of an
				  extensive nature being performed by any person without the required license or
				  otherwise in noncompliance with the requirements of this article or contrary to
				  an order or rule promulgated lawfully by the State Fire Marshal, is subject to
				  a civil action in the name of the state in the circuit court of the county,
				  where such work is being performed for an injunction against such person, firm
				  or corporation, enjoining such work or violation. A circuit court by mandatory
				  or prohibitory injunction may compel compliance with the provisions of W. Va.
				  Code '29-3B-1 et
				  seq., with the lawful orders of the State Fire Marshal and with any final
				  decision of the State Fire Marshal or State Fire Commission. The State Fire
				  Marshal shall be represented in all such proceedings by the attorney general or
				  his assistants.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-11 - Disposition of Fees, Fines and Other Receipts

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All fees and other monies received as a
				result of actions under this article shall be paid to the State Fire Marshal
				and deposited by him in a special account with the State Treasurer.
11.2. The fees deposited in the special
				account shall be used as provided by W. Va. Code '29-3-12(b).
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-12 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Enforcement
				of Licensure Requirements - In the course of investigating complaints as
				authorized under the West Virginia Code, the State Fire Marshal and/or his
				designated representative shall inquire respecting the licensure of person(s),
				firm(s), or corporation(s) in compliance with W. Va. Code '29-3B-1,
				et seq. and these rules.
12.2.
				Enforcement by Others - Any citizen, law enforcement official or other official
				of any state, county, or municipal government agency, upon observing an
				infraction of the licensure requirements of W. Va. Code '29-3B-1 et
				seq. may make a written complaint to the office of the State Fire Marshal or
				alternatively may initiate a complaint with any magistrate, court or law
				enforcement agency. When a complaint is made to the Office of the State Fire
				Marshal, that Office shall investigate the complaint, make a written report
				respecting its findings and take any enforcement measures required by W. Va.
				Code '29-3B-1 et
				seq.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-13 - Orders and Decisions of State Fire Marshal and Appeals and Procedures for Appeals from Such Orders and Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person aggrieved by an order or final written decision of
				  the State Fire Marshal based upon or made in the course of the administration
				  or enforcement of the provisions of W. Va. Code '29-3-1 et seq. or
				  based upon or made pursuant to these State rules, and desiring to contest such
				  order or written decision with the State Fire Commission. Preservation of the
				  right to an appeal and the procedure for the contested case is governed by this
				  section and by the W. Va. Code '29-3-1, et seq. and
				  W. Va. Code, Chapter 29A.
13.1. State
				Fire marshal's Order and Decisions are Final and Conclusive - Any order or
				final written decision of the State Fire Marshal based upon or made in the
				course of the administration or enforcement of the provisions of W. Va. Code
				'29-3-1 et seq. or
				based upon or made pursuant to these rules is final unless vacated or modified
				upon review pursuant to the appeal rights and procedures provided by the
				official Code of West Virginia and this rule.
13.2. Appeal Petition - The appeal petition
				shall be typewritten, styled "Appeal Petition", and submitted with an original
				and one (1) copy. It shall be complete in itself so as to fully state the
				matters contested. No telegram, telephone call, or similar communication will
				be regarded as an appeal petition. The petition shall contain and include the
				following:
a. a copy of the order or decision
				of the State Fire Marshal being contested;
b. a clear and concise assignment of each
				error which the petitioner alleges to have been committed by the State Fire
				Marshal in issuing said order or decision with each assignment of error being
				shown in separately numbered paragraphs;
c. a clear and concise statement of fact upon
				which the petitioner relies as sustaining his assignment of errors;
d. the address petitioner desires to have all
				notices, documents, and the final order of the State Fire Commission mailed
				to;
e. the telephone number or
				numbers where petitioner can be contacted;
f. the names and addresses of all persons
				having any ownership interest in the property which is the subject of the State
				Fire Marshal's order being contested;
g. a prayer setting forth the relief sought;
				and (H) the signature of the petitioner or its duly authorized
				officer.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-14 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The sections
				of this rule are severable. Should any section be declared by judicial opinion
				unconstitutional or in any manner contrary to the laws of the State of West
				Virginia, that particular section shall be invalid and all other section s
				shall remain in full force and effect.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-03 - Hazardous Substance Emergency Response Training Programs › Section 87-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- These regulations establish the
				rules and regulations deemed necessary by the State Fire Commission for
				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.
1.2 Authority. -- This legislative rule is
				issued under authority of W. Va. Code §
									15A-11-4.
1.3 Filing Date. -- April 26, 2023.
1.4 Effective Date. -- May 1, 2023.
1.5 Sunset Provision. -- This rule shall
				terminate and have no further force or effect upon August 1, 2028.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-03 - Hazardous Substance Emergency Response Training Programs › Section 87-3-2 - Procedures for Certification of Training Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 Any person, firm, corporation, or
				governmental entity may request certification of their hazardous material
				response training program by submitting a copy of the program to the State Fire
				Marshal.
2.2 The desired program
				level of certification such as fire department personnel or industrial
				responder must be designated.
2.3
				The instructional program curriculum must address each of the topics as
				outlined in Section 4.4 or 4.5 of this rule.
2.4 The State Fire Marshal shall approve the
				program contingent upon compliance with Section 4 of these rules and
				regulations.
2.5 A copy of all
				training/certifications records and approved training programs shall be
				provided to the State Fire Marshal Office for record keeping purposes. All
				personnel shall be required to provide a hazardous material refresher
				certification annually to the State Fire Marshal for record keeping purposes
				per OSHA requirements.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-03 - Hazardous Substance Emergency Response Training Programs › Section 87-3-3 - Record of Participation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				individual organization, agency, department or enterprise is responsible for
				maintaining a record of those individuals receiving the appropriate training. A
				copy of those records shall be provided to the WV State Fire Marshal's
				Office.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-03 - Hazardous Substance Emergency Response Training Programs › Section 87-3-4 - Criteria for Qualified Training Program in Hazardous Substance Emergency Response Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 Scope. --
				The hazardous substance emergency response training programs (HSERTP) must
				include the evaluation of hazardous materials/substances emergency threat to
				people, property, and environment. The HSERTP should utilize the analytical
				method of study regarding the behavior(s) of hazardous
				substance(s)/material(s).
4.2 Goal.
				-- The goal of every HSERTP is to provide emergency personnel with the
				knowledge necessary to analyze a hazardous materials incident before selecting
				appropriate action alternatives.
4.3 Definitions. --
4.3.a. Hazardous substance or material means
				any "hazardous substance" as defined in Subsection (g), Section 3, Article 31,
				Chapter 16 of this Code, any "chemical substance and materials" listed in the
				rules and regulations promulgated by the commissioner of labor pursuant to
				Section 18, Article 3, Chapter 21 of this Code, and any "hazardous waste" as
				defined in Subdivision (7), Section 3, Article 5E, Chapter 20 of this
				Code.
4.3.b. Fire Department
				personnel, (i.e. volunteer, paid, combination fire department, or county fire
				prevention units) are the earliest in time or succession of the arrival of
				emergency personnel at the scene of an incident involving a hazardous
				substance(s) and shall at a minimum meet the requirements as identified in this
				rule.
4.3.c. Industrial Responder
				personnel, (i.e. hazardous material response contractor, railroad responder,
				and industrial response teams) are employees of an industrial type enterprise
				who are trained/instructed in the techniques of mitigation of hazardous
				substance(s) and shall at a minimum meet the requirements of OSHA  29 CFR 1910.120(q).
4.3.d. Hazardous
				substance emergency response training program (HSERTP) is a structured program
				which provides instruction to personnel on the response capabilities for
				mitigation of a hazardous substance(s) incident.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-04 - State Building Code › Section 87-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes the standards considered necessary by the State Fire
				Commission for the safeguarding of life and property and to ensure compliance
				with the minimum standards of safe construction of all structures erected or
				renovated throughout this state.
1.2. Authority. -- W. Va. Code §
				15A-11-5.
1.3. Filing Date. -- May
				5, 2022.
1.4. Effective Date. -
				August 1, 2022.
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect on
				August 1, 2027.
1.6. Exemptions. --
				The State Building Code has no application to buildings or structures used
				primarily for agricultural purposes including agritourism purposes.
1.7. Incorporation of Other Documents. --
				This rule does not include a reprinting of all the requirements imposed by
				statute or by the incorporation of various nationally recognized standards and
				codes cited in Subsection 4.1 of this rule. For ascertaining these additional
				standards and requirements, it is necessary to make reference to the other
				documents.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-04 - State Building Code › Section 87-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "ANSI"
				means American National Standards Institute, 25 West
				43rd St., Fourth Floor, New York, NY
				10036.
2.2. "ASTM" means American
				Society of Testing and Materials.
2.3. "Fire Commission" means the thirteen
				(13) appointed members of the West Virginia State Fire Commission.
2.4. "Fire Marshal" means the West Virginia
				State Fire Marshal and/or his or her designated representatives.
2.5. "ICC" or "International" means
				International Code Council.
2.6.
				"Local jurisdiction" means municipal, county, or other local
				government.
2.7. "NFPA" means
				National Fire Protection Association.
2.8. "State Building Code" means the entire
				contents of this rule and the referenced national standards and
				codes.
2.9. "State Fire Code" means
				the entire contents of the State Fire Code, 87CSR1, and the referenced
				standards and codes.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-04 - State Building Code › Section 87-4-3 - Conflicts

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Whenever
				there is a conflict between the State Fire Code and the State Building Code,
				the State Fire Code takes precedence.
3.2. Whenever there is a conflict between the
				International Plumbing Code requirements of the State Building Code and the
				rules of the West Virginia State Department of Health and Human Resources, the
				rules of the Department of Health and Human Resources take
				precedence.
3.3. Whenever there is
				a conflict between the State Building Code and statutory laws of the State of
				West Virginia, the laws of the State of West Virginia take
				precedence.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-04 - State Building Code › Section 87-4-4 - National Standards and Codes

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				standards and requirements as set out and as published by the International
				Code Council, and American National Standards Institute, and the National Fire
				Protection Association as listed in this subsection, have the same force and
				effect as if set out verbatim in this rule.
4.1.a. The 2018 edition, International
				Building Code, with the following exceptions:
4.1.a.1. Provided; that the section entitled
				"Fire Prevention" and identified as Section
101.4.5
is deleted
				and not considered to be a part of this rule.
4.1.a.2. Further provided that the entire
				subsection entitled "Qualifications" and identified as Section 113.3 is deleted
				and replaced with the following:
"Section 113.3. Board of Appeals
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-04 - State Building Code › Section 87-4-5 - Fire Protection of Floors in Residential Buildings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. New One
				and Two Family Dwellings over one level in height, New One and Two Family
				Dwellings containing a basement, and New One and Two Family Dwellings
				containing a crawl space containing a fuel burning appliance below the first
				floor, shall provide one of the following methods for fire protection of
				floors:
(1) A 1/2 inch (12.7 mm) gypsum
				wallboard membrane, 5/8 inch (16 mm) wood structural panel membrane, or
				equivalent on the underside of the floor framing member;
(2) Wood floor assemblies using dimension
				lumber or structural composite lumber equal or greater than 2 inch by 10 inch
				(50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies
				demonstrating equivalent fire performance; or
(3) An Automatic Fire Sprinkler System as set
				forth in section R313.1 or R313.2 of the 2015 edition of the International
				Residential Code for One and Two Family Dwellings:
Provided
,
				That floor assemblies located directly over a space protected by an automatic
				sprinkler system as set forth in section R313.1 or R313.2 of the 2015 edition
				of the International Residential Code for One and Two Family Dwellings are
				exempt from this requirement.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-04 - State Building Code › Section 87-4-6 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				following structures are not subject to inspection by local jurisdictions:
6.1.a. Group U utility structures and storage
				sheds comprising an area not more than 200 sq. ft. which have no plumbing or
				electrical connections and are used only for residential storage purposes.
				(Examples include sheds that are for the residential storage of lawnmowers,
				tools, bicycles or furniture.) Not included are those utility structures and
				storage sheds which have plumbing or electrical connections are a
				non-residential use or for the storage of explosives or other hazardous or
				explosive materials.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-04 - State Building Code › Section 87-4-7 - Adoption by Local Jurisdiction

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Each local
				jurisdiction adopting the State Building Code shall notify the State Fire
				Commission in writing. The local jurisdiction shall send a copy of the
				ordinance or order to the State Fire Marshal, West Virginia State Fire
				Commission, 1207 Quarrier Street, 2nd floor, Charleston, West Virginia 25301,
				within thirty (30) days of adoption.
7.2. Each local jurisdiction which adopts the
				State Building Code is responsible for the enforcement of the building code as
				provided in West Virginia Code
				7-1-3n
				and
				8-12-13.
7.3. Throughout the national codes, adopted
				in subsection 4.1 of this rule, there are discretionary provisions or
				amendments which require further action by the adopting local jurisdiction in
				order to adapt these codes to various local conditions. The appendices are not
				a part of the code and must also be adopted by the local jurisdiction to be
				enforceable. It is therefore the intent of this rule to further authorize each
				local jurisdiction to further complete, by order or ordinance, those respective
				areas which are indicated to be completed by the adopting "jurisdiction" and
				any of the appendices the local jurisdiction wishes to adopt.
7.4. Within the penalty sections of each of
				the national codes, adopted in Section 4.1 of this rule, there is a penalty for
				imprisonment. The provision of imprisonment for any violation of this rule is
				optional with each adopting local jurisdiction.
7.5. Each of the national codes adopted in
				subsection 4.1 of this rule provides for a separate appeals board. However, the
				intent and requirements for an appeal board may be met with the creation by the
				local jurisdiction of a single appeals board for the entire "State Building
				Code."
7.6. Each local jurisdiction
				adopting the State Building Code shall comply with the requirements set forth
				in Title 87, Series 7 "Standards for the Certification and Continuing Education
				of Municipal, County, and Public-Sector Building Code Officials, Building Code
				Inspectors and Plans Examiners."
7.7. All questions of interpretation and
				enforcement of the State Building Code are delegated to the local jurisdiction
				unless expressly provided by State Code, by this Rule, or by the incorporated
				codes and standards referenced in this Rule.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-04 - State Building Code › Section 87-4-9 - Exemption for agricultural purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If a
				property owner or other responsible party claims exemption from the applicable
				Building Code based on the agricultural purposes exemption identified in
				subsection 1.6 of this rule, he or she shall submit the question to the
				Commissioner of Agriculture for a determination of eligibility.
9.2. The property owner or responsible party
				shall submit to the Commissioner of Agriculture sufficient information to allow
				the Commissioner to determine the primary use of the property. This information
				shall include, but is not limited to, the location of the property and
				buildings, the types of agricultural use or uses, the percentage or frequency
				of use, and any other information that the Commissioner requires to make a
				decision.
9.3. The Commissioner of
				Agriculture shall provide a copy of his or her decision to the property owner
				or responsible party, and to the entity that has adopted and is enforcing the
				Building Code.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules govern the requirements and procedures for certification or
				recognition of local fire departments by the State Fire Commission and the
				circumstances for the withdrawal of recognition by the Commission. This rule
				also delineates the scope of the powers and responsibilities of recognized
				local departments.
1.2. Authority.
				-- West Virginia Code §§
									15A-11-3,
				15A-11-5, and
				29A-3-1 et seq.
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- May
				1, 2024.
1.5. Sunset Provision. -
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-3 - Requirement and Authority of Recognition

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Requirement for Recognition:
				Every organization or corporation that is established for the principal purpose
				of fighting and preventing fires within local fire protection districts must be
				recognized as a local fire department by the West Virginia State Fire
				Commission. In the absence of official recognition by the Commission, no
				organization, corporation, or sub-division of a local government authority may
				claim or exercise the benefits, privileges and powers of a fire department
				provided under the West Virginia Code and this section. This requirement shall
				not apply to fire-fighting, fire protection, and rescue entities organized and
				operated under the authority of a federal agency or a subdivision thereof and
				which do not receive distributions from state funds collected for fire-fighting
				organizations and their members.
3.2. In addition to the general authority and
				responsibility for fire-fighting and fire prevention within an approved fire
				protection district, recognition of a local fire department shall have the
				following effect:
3.2.1. The fire chief or
				line officer of a recognized fire department shall have the authority to
				exercise all powers and duties provided under the provisions of Article 3A,
				Chapter 29 of the W. Va. Code, §
										29-3A-1 et seq.
3.2.2. The recognized local fire department
				may enter into mutual aid agreements with other recognized fire departments or
				with other governmental agencies, of this state or any adjoining state, for
				reciprocal aid and assistance.
3.2.3. The recognized local fire department
				constitutes a "fire department or company" for purposes of the prosecution of
				offenses under W. Va. Code §
										29-3A-4.
3.2.4. The recognized local fire department
				may request aid and assistance from the State Fire Marshal under the provisions
				of W. Va. Code §
										15A-10-3(b).
3.2.5. Members of a recognized local fire
				department may be deputized by the State Fire Marshal under the provisions of
				W. Va. Code §
										15A-10-3(j),
				subject to the conditions and restrictions in subsection (n) of that Code
				section.
3.2.6. The State Fire
				Marshal may assign registration permits for emergency vehicles to recognized
				local fire departments and authorize members of a recognized local fire
				department to drive Class A vehicles equipped with emergency lights and warning
				devices, pursuant to the provisions of W. Va. §17C-15-26(d).
3.2.7. Recognized local fire departments
				shall be eligible to receive distributions from the Pensions and Protections
				Fund and from the Fire Protection Fund under the provisions of W. Va. Code
				§§
										8-15-8a,
				8-15-9,
				33-3-14d, and
				33-3-33.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-4 - Duration of Recognition

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Except as established in the rotating schedule for implementation of the
				evaluation program provided in subsection 6.2. of this rule, recognition issued
				by the Commission shall, if not revoked, suspended, or restricted, be valid for
				a period of five years. In lieu of recognizing each department for exactly five
				years, the Commission may establish a fixed day of a year upon which
				recognitions will expire after the duration of approximately five
				years.
4.2. Recognition will not
				expire automatically following the date of expiration. In the event that a
				local fire department fails to submit a timely application for renewal of
				recognition or fails to submit a complete application for evaluation, the State
				Fire Commission may temporarily suspend its recognition of that department upon
				motion and vote in a public meeting of the Commission; Provided, that the State
				Fire Marshal must provide written notice to the department of the department's
				failure and the date, time, and location of the Commission's meeting, to be
				served by registered or certified mail or by package courier providing proof of
				delivery at least two weeks prior to the scheduled meeting
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-5 - Evaluation Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In
				conducting any review for certification or recognition of a local fire
				department, the State Fire Commission may consider any and all of the following
				factors:
5.1.1. The location, size and
				boundaries of the fire protection district, and the location of the fire
				station or substations within that fire protection district;
5.1.2. The number of active and available
				personnel to participate in fire-fighting and rescue services and the level and
				amount of training achieved by each active member;
5.1.3. The quantity, type, and condition of
				all equipment to be used by the local fire department;
5.1.4. Documentation of an administrative
				structure of the department including the designation of a chain of command and
				responsibilities of the respective office holders;
5.1.5. The existence and substance of "911"
				service agreements for the area served and of any mutual aid agreements
				affecting the local fire department;
5.1.6. The ISO Public Protection
				Classification for the local fire department's fire protection
				district;
5.1.7. The record, if
				any, of the department in responding to emergency calls and the
				responsibilities of local fire departments throughout the previous
				certification period;
5.1.8. The
				quality of record-keeping practices of the department, including regular and
				timely submission of fire loss data and reports as required by state
				law;
5.1.9. Any disciplinary action
				against the local fire department or any acts, failures to act or circumstances
				that would constitute grounds for disciplinary action against the local fire
				department under the provisions of Section 10 of this rule; and
5.1.10. Any other factor or circumstance
				directly bearing upon the ability of the fire department to serve the public
				adequately and provide for the safety of persons and property from fire and in
				other emergencies when the local fire department undertakes any other types of
				non-medical emergency services, which fall within the statutory jurisdiction of
				the State Fire Commission.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-7 - Certification of new departments

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. No new local fire department or fire
				company will be authorized without prior approval of, and certification by, the
				Commission.
7.2. The State Fire
				Commission retains the ultimate authority to authorize the creation of,
				certify, and establish fire protection areas for a new local fire department
				when the Commission determines that the establishment of such new department
				will provide more comprehensive and necessary protection for the safety of
				people and property within such areas. In making these determinations, however,
				the State Fire Commission shall, as far as reasonably practical, attempt to do
				so with the consent and cooperation of all local government authorities in the
				areas to be served by the new department, with due consideration for the
				plenary authority of municipal governments to provide for fire protection for
				their constituents.
7.3.
				Application for Certification - Any organization seeking to be certified as a
				new local fire department shall make application to the State Fire Commission
				using forms provided by the State Fire Marshal. All applications shall be in
				writing and shall be considered public records, subject to inspection by the
				public.
7.4. Application Review -
				The Commission shall conduct a review of the application in a process of two
				phases.
7.4.1. Phase I - Initial documentation
				review. In this phase, the State Fire Marshal, together with additional
				Commission staff as may be reasonably required, will review documentation of
				the basic organizing materials for the creation of a new department, including
				a letter of intent from the organization or local governmental authority,
				copies of any pertinent local ordinances, sign-off by appropriate local
				officials and a map of the proposed service area. After review of these
				materials, the State Fire Marshal will make a recommendation to the Commission
				as to whether the Commission should grant Phase I approval and authorize the
				organization to proceed to Phase II.
7.4.2. Phase II - In Phase II, the applying
				organization shall obtain and present evidence of sufficient staffing,
				equipment, and resources to operate as a local fire department. Upon
				satisfactory demonstration of compliance with the requirements of the
				Commission, the Commission may grant approval and certification of the local
				fire department.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-8 - Incidental review and guidance by the State Fire Marshal

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The State Fire Marshal may enter onto
				the premises of any local fire department to observe and ensure compliance with
				the responsibilities of the local fire department under state law and the rules
				and policies of this Commission. This provision shall not be construed to
				compel the officers or members of a local fire department to be available to
				the State Fire Marshal at all times or to be present for any unscheduled visit
				by the State Fire Marshal or authorized representative.
8.2. The Commission authorizes the State Fire
				Marshal to issue warning letters to a local fire department when, after
				incidental review or investigation, it appears that the local department has,
				by act or omission, violated the standards for recognition and safe operation
				as a fire department, but where those circumstances do not require review or
				disciplinary action by the Commission. In this circumstance, a letter of
				warning serves as advice and caution only; it shall not be considered a formal,
				disciplinary action under subsection 10.3. of this rule.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-10 - Grounds for Denial, Restriction, Suspension or Revocation of Recognition or Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Right to a Hearing
10.1.1. The State Fire
				Commission may not suspend, revoke, or place probationary restrictions upon,
				the recognition of an existing, recognized local fire department without a
				prior hearing, unless the local fire department explicitly and formally waives
				the right to a hearing.
10.1.2. The
				Commission may deny an application for certification or refuse to issue a
				certification without a prior hearing, upon entry of a written order stating
				the findings of the Commission and the reasons for the denial or refusal;
				Provided, that the local fire department or proposed new department may request
				a hearing upon the action of the Commission and shall be afforded a reasonably
				prompt hearing following such demand.
10.1.3. The State Fire Commission hereby
				grants authority to the State Fire Marshal to order a local fire department to
				suspend fire fighting and rescue operations as a temporary, emergency measure
				when the continued operations of that department pose a substantial and
				imminent risk of harm to public safety, which may also include risk of harm to
				members of the local department. If the State Fire Marshal issues an order to
				suspend operations, the State Fire Marshal shall immediately make arrangements
				with the local 911 call center and surrounding fire departments to provide
				coverage for the affected fire protection district, and the State Fire Marshal
				shall, within 48 hours, notify the Commission's Chair or Vice-Chair of the
				order and the specific grounds for the action taken. The Commission shall
				provide a hearing to the local fire department upon the grounds cited within 30
				days and, following the hearing, the Commission may approve, rescind, modify,
				or extend the order as an official order of the Commission. An order to suspend
				operations does not constitute a suspension of recognition of the local fire
				department.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-11 - Commission Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any
				decision by the Commission approving, denying, restricting, suspending, or
				revoking the certification or recognition of a local fire department shall be
				made in open meeting upon a vote of the majority of those members present. When
				considering the regular evaluations of multiple fire departments, the
				Commission may grant the renewals in a consolidated motion before the
				Commission.
11.2. Pursuant to West
				Virginia Code §§
									6-9A-2(4)(A) and
				6-9A-4(b)(4), the
				Commission may deliberate upon an issue in consideration of the granting,
				denial, withdrawal, modification, suspension or revocation of a department's
				certification or recognition in an executive session.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-13 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any party who
				is adversely affected by a final order or decision of the Commission, rendered
				under the provisions of this rule, shall have the right to judicial review of
				that decision as established in West Virginia Code §§
									29A-5-4 and
				29A-6-1.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-07 - Standards for the Certification and Continuing Education of Municipal, County and Other Public Sector Building Code Officials, Inspectors and Plans Examiners › Section 87-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the requirements for the certification, continuing education
				and training of municipal, county and other public sector Building Code
				Officials, Building Code Inspectors and Building Code Plans Examiners to ensure
				compliance with the State Building Code.
1.2. Authority. -- W. Va. Code §
									29-3-5b.
1.3. Filing Date. -- May 3, 2016
1.4. Effective Date. -- June 1,
				2016
1.5. Repeal of former rule. -
				This legislative rule repeals and replaces 87CSR7 "Standards for the
				Certification and Continuing Education of Municipal, County, and Other Public
				Sector Building Code Officials, Building Code Inspectors and Plans Examiners"
				filed May 7, 2009 and effective July 1,2009.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-07 - Standards for the Certification and Continuing Education of Municipal, County and Other Public Sector Building Code Officials, Inspectors and Plans Examiners › Section 87-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Code
				Enforcement Department" means a division of any municipality, county or other
				governmental entity which has adopted and enforces the State Building
				Code.
2.2. "Code Official" is a
				person who oversees and administers the Code Enforcement Department in a
				municipality, county or other local government entity that has lawfully adopted
				the State Building Code. In this role, the person may typically supervise one
				or more Deputy Code Officials, and other administrative and technical staff
				employed by the Code Enforcement Department. The Code Official:
a) examines construction documents to
				ascertain compliance with provisions of the State Building Code,
				and/or
b) performs field
				inspections to determine compliance with approved plans and code requirements,
				and/or
c) enforces the relative
				administrative provisions of the State Building Code such as supervising
				building code inspectors or plans examiners, issues building permits, occupancy
				permits, notices of violations and orders, and initiates compulsory
				process.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-07 - Standards for the Certification and Continuing Education of Municipal, County and Other Public Sector Building Code Officials, Inspectors and Plans Examiners › Section 87-7-4 - Continuing Education Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In order to maintain certification and
				qualify for renewal of the license, each code official, inspector, or plans
				examiner, or any person certified and licensed as any combination thereof,
				shall complete a minimum of 0.5 continuing education units in courses approved
				by the State Fire Commission during each year for a total of 1.5 units acquired
				prior to the renewal date.
4.2. The
				State Fire Commission may establish code training provider standards,
				curriculum or subject matter standards, trainer qualifications and reporting
				requirements for continuing education programs.
4.2.a. The following instruction providers
				are deemed presumptively approved by the State Fire Commission: the ICC; the
				National Conference of States on Building Codes and Standards; a Federal,
				Commonwealth or State agency as it relates to building codes; an accredited
				academic institution as it relates to building codes; a model code organization
				or its accredited local chapter (WVCOA); a trade association representing
				design professionals or the construction industry; a national standards writing
				organization; and/or an association serving or representing state
				municipalities as it relates to building codes.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-07 - Standards for the Certification and Continuing Education of Municipal, County and Other Public Sector Building Code Officials, Inspectors and Plans Examiners › Section 87-7-5 - Renewal of Certification and License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Every person certified and licensed
				under this rule shall renew his or her certification(s) every three years. A
				certification is not valid for a period greater than three years.
5.2. The State Fire Marshal may designate the
				forms to be used for application for renewal of certification and shall make
				them available to all persons licensed under this rule. Not less than 60 days
				prior to the expiration of a certification, the State Fire Marshal shall notify
				the person by mail of the pending expiration and provide that person with
				copies of the forms required to apply for renewal of the certification.
5.3 The fee for renewal of the
				certification is $75.00.
5.3.a. Applicants
				seeking renewal of certification(s) by the State Fire Commission shall be
				subject to the required fee of $75.00 for each class of certifications
(i.e.
$75.00 for one or all qualifying Code Official
				certification(s); $75.00 for one or all qualifying Inspector certifications;
				and/or $75.00 for one or all qualifying Plans Examiner
				certification(s).)
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-07 - Standards for the Certification and Continuing Education of Municipal, County and Other Public Sector Building Code Officials, Inspectors and Plans Examiners › Section 87-7-6 - Probationary Employment of Uncertified Code Officials, Inspectors and Plans Examiners

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An
				uncertified person shall be granted a probationary status for a period not to
				exceed two (2) years, during which the certification requirements of subsection
				3.2. shall be satisfied. Upon proof of qualification for certification as
				required by subsection 3.2, the individual shall be certified in the respective
				categories listed in Section 3 of this Rule.
6.2. During the period of probationary
				status, the individual must submit to the State Fire Commission a report of the
				person's status in completing testing in the ICC disciplines. This report must
				be made within ninety (90) days of the grant of probationary status and every
				ninety (90) days thereafter through the period of probation. Failure to comply
				with this condition may result in the revocation of the probationary
				status.
6.3. Not less than ninety
				(90) days prior to the expiration of the probationary period granted, an
				individual may request an extension of the probationary period. The State Fire
				Commission may, upon good cause shown, extend the period of probationary status
				for not more than six (6) months during which the individual must present
				monthly reports of their status in obtaining proper certification. Failure to
				comply with this condition may result in revocation of the probationary
				status.
6.4. In the event a
				probationary status or request for extension of probationary status is denied
				by the State Fire Marshal, the individual may request an administrative hearing
				pursuant to the provisions of W. Va. Code §
									29A-5-1
et seq.
with the State Fire Commission within thirty (30) days
				after receipt of the decision.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-07 - Standards for the Certification and Continuing Education of Municipal, County and Other Public Sector Building Code Officials, Inspectors and Plans Examiners › Section 87-7-7 - Denial, Suspension, or Revocation of Certifications; Other Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The State Fire
				Commission may deny, suspend, or revoke, any certification or application for
				certification for any of the following grounds:
7.1.a. failure to provide sufficient or
				complete documentation;
7.1.b.
				providing false documentation;
7.1.c. making any misrepresentation in the
				process of application for certification or renewal of certification;
7.1.d. failure to comply with the
				continuing education requirements;
7.1.e. failure to submit full payment of
				certification fees or renewal of certification fees; or
7.1.f failure to submit an application within
				the time periods provided by this rule.
7.1.g. upon satisfactory proof that a
				certification holder or applicant has been convicted of a felony.
7.1.h. willfully departed from accepted
				standards of conduct in violation of the rules of the State Fire Commission or
				State Fire Marshal; or
7.1 .i.
				willfully violated any federal, state or local law, rule or regulation, while
				acting in his or her official capacity as a Code Official, Inspector or Plans
				Examiner.