reglab/statecodes huggingface dataset:
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 87-7-8 - Local Code Enforcement Departments; Annual Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 Any municipality, county or local
				governmental entity, adopting and enforcing the State Building Code shall have
				a designated Code Enforcement Department.
8.1.a. A Code Enforcement Department must
				employ a certified Code Official as the administrator of the organization. The
				Code Official may supervise one or more Deputy Code Officials, and other
				administrative and technical staff employed by the Code Enforcement
				Department.
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 87-7-9 - Complaints; Determination of Probable Cause

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The State Fire Marshal, or his or her
				designee, shall be empowered with the authority of investigating and
				administratively handling any complaint filed alleging a violation of sections
				7 and/or 8 of this rule.
9.2. Any
				person, firm, corporation, member of the State Fire Commission, State Fire
				Marshal, or public officer, upon observing an infraction of the requirements of
				Section 7 or 8 of this rule may file a written complaint with the office of the
				State Fire Marshal. The State Fire Marshal may provide a form for this purpose,
				but a complaint may be filed in any written form.
9.3. To the extent possible, the complaint
				should describe the alleged violation which prompted the complaint, including
				any of the following information:
9.3.1. The
				name and address of the certified individual or applicant against whom the
				complaint is lodged;
9.3.2. The
				date of the alleged unlawful act;
9.3.3. The nature of the alleged unlawful
				act; and
9.3.4. The location of the
				alleged unlawful act.
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 87-7-10 - Appeal of denial of certification; hearings; evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person who desires to appeal a
				decision or Order may appeal the decision or Order pursuant to the provisions
				contained in Series 9 of Title 87 of the West Virginia Code of State Rules. The
				taking of evidence and hearing procedures shall be made in conformity
				therewith.
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 87-7-11 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any final
				order entered by the State Fire Commission following a hearing conducted
				pursuant to these rules shall be made pursuant to the provisions of W. Va. Code
				§§
									29A-5-3. Such
				orders shall be entered within forty five (45) days following the submission of
				all documents and materials necessary for the proper disposition of the case,
				including transcripts, and shall contain findings of fact and conclusions of
				law.
11.2. The findings of fact and
				conclusions of law must be approved by a majority of the State Fire Commission
				either by a poll or vote at a meeting, before a final order is entered. A copy
				of the final order approved by a majority of the State Fire Commission shall be
				served upon the demanding or charged party and/or his or her attorney of
				record, if any, within ten (10) days after entry by the Fire Commission by
				personal service or by registered or certified mail.
11.3. State Fire Commission'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 §
									29-3-5b
et seq.
based upon or made pursuant to this rule, is final,
				unless vacated or modified upon review pursuant to the appeal rights and
				procedures provided by Chapter 29A of the W. Va. Code and this rule.
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 87-7-12 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. An appeal
				from any final order of the State Fire Commission entered in accordance with
				these rules shall comply with the provisions of W. Va. Code §
									29A-6-1
				et seq.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-08 - Volunteer Firefighters' Training, Equipment and Operating Standards › Section 87-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes minimum
				training levels for rescue and fire fighting for volunteer fire departments;
				minimum levels of equipment needed to protect life and property within fire
				service areas for volunteer fire departments; minimum performance standards the
				volunteer departments must meet in response times, communications, levels of
				water flow and pressure; and other performance measures as considered necessary
				to meet the overall goals of improved fire prevention and control for volunteer
				fire departments.
1.2. Authority.
				-- This legislative rule is issued under authority of W. Va. Code
				§
									15A-11-9.
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.
1.6.
				Incorporation of Other Documents. -- This rule does not include a reprinting of
				all the requirements imposed by statute or by the incorporation of various
				National Standards and Codes cited in this rule. For ascertaining these
				additional standards and requirements it is necessary to make reference to
				these other documents.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-08 - Volunteer Firefighters' Training, Equipment and Operating Standards › Section 87-8-3 - Minimum Training Levels for Rescue and Fire Fighting

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All firefighters certified by the Fire
				Commission prior to the effective date of this rule shall remain certified to
				the level previously granted by the Fire Commission.
3.2. All active members and firefighters must
				always maintain current certification in first aid, CPR, and must have been
				trained in, at a minimum, Hazardous Materials Awareness. Additionally, all
				active members and firefighters shall have the training available to them to
				allow them to become compliant with the "NIMS Training Guidelines for West
				Virginia" as established by the West Virginia Division of Emergency
				Management.
3.3. All active
				firefighters who perform automobile extractions must have completed an approved
				Vehicle and Machinery Rescue Operations Level curriculum (NFPA 1006 or 1670) or
				equivalent, and pass any and all testing required for certification. Any active
				firefighter who has completed the certification for firefighter 2 is deemed to
				have met this requirement and does not have to receive a separate training in
				Vehicle and Machinery Rescue Operations Level.
3.4. All active firefighters must have
				completed an approved firefighter 1 curriculum, or equivalent, and pass any and
				all testing required for certification before responding to any fire, with the
				exception of responding to wildland fires over which the Department of Natural
				Resources or Division of Forestry has jurisdiction.
3.4.1. A person may serve as a probationary
				firefighter, at the discretion of the fire chief, for a period not to exceed
				five years.
3.4.1.a. A probationary
				firefighter is required to be trained to a minimum as required in the modular
				training policy of the State Fire Commission and can operate as defined within
				said policy.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-08 - Volunteer Firefighters' Training, Equipment and Operating Standards › Section 87-8-4 - Curriculum Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In order
				for a curriculum to be approved by the Fire Commission, the following minimum
				levels of competency must be met:
4.1.1.
				Firefighter 1 - NFPA 1001, the requirement for a medical exam shall be
				excluded.
4.1.2. Vehicle and
				Machinery Rescue Level 1 - NFPA 1006.
4.1.3. Firefighter 2 - NFPA 1001.
4.1.4. Fire Officer 1 - NFPA 1021, the
				requirement for Instructor 1 shall be excluded.
4.1.5. Fire Officer 2 - NFPA 1021.
4.1.6. Driver/Operator - NFPA 1002.
4.1.7. Fire Instructor - NFPA 1041. Further,
				if not a fire instructor employed by the West Virginia University Fire Service
				Extension, a fire instructor shall obtain, and maintain, an adult part-time
				teaching permit.
4.1.8. All other
				training, if being presented to the Commission for approval for certification,
				must meet or exceed the National Standard for the corresponding training
				objective as set forth by NFPA.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-08 - Volunteer Firefighters' Training, Equipment and Operating Standards › Section 87-8-5 - Equivalency

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Individuals holding certification
				accredited by the International Fire Service Accreditation Congress (IFSAC) or
				the National Board on Fire Service Professional Qualifications (ProBoard) or
				certification from the Department of Labor Firefighter Apprenticeship program
				shall be considered as holding equivalency for the certification listed on the
				respective certificate.
5.2.
				Individuals not holding certification accredited by the international fire
				Service Accreditation Congress (IFSAC) or the National Board on fire Service
				Professional Qualifications (ProBoard) must comply with the following
				guidelines:
5.2.1. Applicant must complete the
				appropriate application and attach supporting documentation through the
				certification division of West Virginia University Fire Service Extension, or
				through the West Virginia Department of Education.
5.2.2. The applicant must be a member of a
				West Virginia State Fire Commission recognized fire department and must have
				the signature of the Fire Chief in order to request reciprocity.
5.2.3. Applicant must submit documentation of
				training and testing that complies with each component of the appropriate NFPA
				Standard for the desired level of certification. Documentation must be dated
				within the last 5 years.
5.2.4. If
				documentation is insufficient, applicant must successfully pass a certification
				written exam with a minimum score of 70% for the desired level of certification
				and practical skills exam, where applicable.
5.2.5. Applicant must meet the general
				requirements for certification as outlined by the West Virginia State Fire
				Commission.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-08 - Volunteer Firefighters' Training, Equipment and Operating Standards › Section 87-8-6 - Minimum Equipment and Performance Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Departments shall operate in accordance with federal, state, and local laws, as
				well as their own constitution, bylaws, rules, and regulations.
6.2. Departments shall report fire losses to
				the State Fire Marshal's Office in accordance with West Virginia Code§
									8-15-8a.
6.3. Department shall make
				provision for the receipt of alarms and the notification of members of all
				emergency calls received.
6.4.
				Department, or County Fire Association, as defined by West Virginia Code §
									7-17-6, shall prepare and submit to the Fire Commission a map outlining the
				"first due" area of the Department. This agreement must be updated with the
				Fire Commission each time any agreement is modified or changed. Further, each
				department shall submit to the Fire Commission copies of any and all mutual aid
				agreements with other departments, and any subsequent changes to such
				agreements.
6.5. Members of the
				department shall respond to any emergency call in a manner consistent to
				preserve the life, safety and property of the public and members of the
				department.
6.6. Departments shall,
				within five minutes of arriving on the scene at a structure or vehicle fire, be
				capable of delivering a minimum water flow at the rate of one hundred (100)
				gallons per minute for a minimum of five (5) continuous minutes for a structure
				fire.
6.7. Departments shall,
				within its first due area, achieve the minimum classification for a
				municipality or rural fire protection district as determined by the Insurance
				Service Office (ISO).
6.8.
				Departments shall maintain records of routine inspections and maintenance for
				all in service apparatus and equipment, including emergency repairs, for a
				minimum of five (5) years and shall produce these documents upon request to the
				Fire Commission, Fire Marshal, or governmental entity overseeing the
				Department.
6.9. At least one
				member of the department shall be certified as a repairperson for SCBA (Self
				Contained Breathing Apparatus) or the department may show evidence of an
				agreement with, or documentation of yearly testing by a qualified repairman or
				firm/shop to provide such services.
6.9.1 For
				the purposes of this Rule, all SCBA equipment used by any department, or any
				member thereof, shall be positive pressure.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-08 - Volunteer Firefighters' Training, Equipment and Operating Standards › Section 87-8-7 - Personal Protective Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All
				personal protective equipment must have met NFPA standards for structural
				firefighting at the time of purchase by the current owner.
7.2. For structural firefighters, all
				personal protective equipment shall include the following:
7.2.1. Helmet;
7.2.2. Coat;
7.2.3. Pants;
7.2.4. Gloves;
7.2.5. Nomex Hood, or equivalent;
				and
7.2.6. Boots.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-08 - Volunteer Firefighters' Training, Equipment and Operating Standards › Section 87-8-8 - Penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
Failure to maintain minimum levels of performance in
				  training, equipment maintenance and performance standards in this rule shall
				  make the department subject to removal of its certification, as set forth in
				  West Virginia Code Rules §
									87-6-1 et seq.;
Provided
That,
				  except in situation of imminent danger to life or property, upon application,
				  the Commission shall grant a department a 180 day period of correction, which
				  may be extended upon good cause shown, during with the Commission shall assist
				  a fire department in correcting deficiencies noted, facilitating training
				  through West Virginia University or the West Virginia Department of Education,
				  and in working with the with other involved parties, e.g. county commissions,
				  municipal governments or county fire boards.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-09 - Contested Case Hearing Procedures for State Fire Commission › Section 87-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule establishes the procedures to be followed for hearings before the Fire
				Commission in license, certificate and permit disciplinary and denial
				proceedings.
1.2. Authority. - W.
				Va. Code § 29A-5-l(a).
1.3.
				Filing Date. -May2.2013
1.4.
				Effective Date. -June 3, 2013
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-09 - Contested Case Hearing Procedures for State Fire Commission › Section 87-9-3 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be reported by
				stenographic notes and characters or by mechanical means.
3.2. All reported materials shall be
				transcribed. The Fire Commission shall have the responsibility to make
				arrangements for the transcription of the reported testimony and evidence, and
				each party to the hearing shall bear their own expense in obtaining a copy of
				such transcription.
3.3. Upon the
				motion of the Fire Commission or any party assigning error or omission in any
				part of any transcript, the Fire Commission chair or presiding member or
				hearing officer shall settle all differences arising as to whether such
				transcript truly discloses what occurred at the hearing and shall direct that
				the transcript be corrected and/or revised as appropriate so as to make it
				conform to the truth.
3.4. A
				transcript of the hearing shall be provided to all members of the Fire
				Commission for review at least ten (10) days before the vote is taken on its
				decision in any certification disciplinary matter.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-09 - Contested Case Hearing Procedures for State Fire Commission › Section 87-9-4 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Fire Commission or hearing officer.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-09 - Contested Case Hearing Procedures for State Fire Commission › Section 87-9-5 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. At any time prior to the hearing or
				thereafter, the Fire Commission, or its hearing officer may hold conferences
				for the following purposes:
5.1.1. To dispose
				of procedural requests, prehearing motions or similar matters;
5.1.2. To simplify or settle issues by
				consent of the parties; or,
5.1.3.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-09 - Contested Case Hearing Procedures for State Fire Commission › Section 87-9-6 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Evidentiary
				depositions may be taken and read or otherwise included into evidence as in
				civil actions in the circuit courts of this state.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-09 - Contested Case Hearing Procedures for State Fire Commission › Section 87-9-7 - Subpoenas for Hearings and Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Subpoenas to compel the attendance of
				witnesses and subpoenas duces tecum to compel the production of documents for
				hearings or depositions may be issued by any member of the Fire Commission, its
				hearing officer, or the Fire Marshal.
Such subpoenas shall be issued pursuant to W. Va. Code §
				  29A-5-l(b).
7.2. Written requests by a
				party for the issuance of subpoenas or subpoenas duces tecum as provided in
				subsection 7.1 of this rule must be received by the party no later than ten
				(10) days before a scheduled hearing. Any party requesting the issuance of
				subpoenas duces tecum shall see that they are properly served in accordance
				with W. Va. Code § 29A-5-l(b)
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-09 - Contested Case Hearing Procedures for State Fire Commission › Section 87-9-8 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any final
				order entered by the Fire Conmiission following a hearing conducted pursuant to
				these rules shall be made pursuant to the provisions of W. Va. Code
				§§
									29A-5-3. Such
				orders shall be entered within forty-five (45) days following the submission of
				all documents and materials necessary for the proper disposition of the case,
				including transcripts, and shall contain findings of fact and conclusions of
				laws.
8.2. The findings of fact and
				conclusions of law must be approved by a majority of the Fire Commission either
				by a poll or vote at a meeting, before a final order is entered. A copy of the
				final order approved by a majority of the Fire Commission shall be served upon
				the demanding or charged party and/or his or her attorney of record, if any,
				within ten (10) days after entry by the Fire Commission by personal service or
				by registered or certified mail.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-09 - Contested Case Hearing Procedures for State Fire Commission › Section 87-9-9 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An appeal from
				any final order entered in accordance with these rules shall comply with the
				provisions of W. Va. Code §
									29A-6-1
				et seq.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-10 - Volunteer Fire Department Equipment and Training Grant Funding Disbursement › Section 87-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes the Fire Service Equipment and Training Grant Funding
				program for WV Volunteer Fire Departments relating to authorizing the State
				Fire Commission to establish and administer a grant funding program which
				implements opportunities and standards to impose a grant funding program for
				volunteer firefighting that address problems facing volunteer fire departments
				in the state, including issues related to equipment needs, maintenance, and
				training.
1.2. Authority. -- This
				legislative rule is issued under authority of W. Va. Code §
				15A-11-11.
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.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-10 - Volunteer Fire Department Equipment and Training Grant Funding Disbursement › Section 87-10-3 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All
				applications pertaining to fire service equipment and training shall be based
				upon professional standards adopted by the State of West Virginia and the West
				Virginia State Fire Commission to include W. Va. Code §
									8-15-8a
				and §8-15-8b.
3.2. The State
				Fire Commission may limit the number of participating volunteer fire
				departments in the program due to available funding.
3.3. In order for a volunteer fire department
				to be eligible for participation in the Program, they must meet and maintain
				requirements to be a recognized volunteer fire department and they must obtain
				the required application, complete the form, and apply to the WV State Fire
				Commission for approval consideration. This application includes the completion
				of a Letter of Inquiry, and, based on receipt and acceptance of the Letter of
				Inquiry by the SFMO, an invitation to complete the Volunteer Fire Service Grant
				Funding Application.
3.4. Grant
				funds may only be awarded for training and equipment issues and may only be
				used to pay for what has been approved by the Fire Commission. Any other use is
				unauthorized.
3.5. Any department
				applying for grant funds through this program must:
3.5.1. Provide an Outline, including a
				listing of how the department has already attempted to fix the solution without
				the grant funds. related to the areas of training and fire service equipment
				efforts, and how this specific grant funding can be a help in ultimately
				achieving the department's overall goals.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-10 - Volunteer Fire Department Equipment and Training Grant Funding Disbursement › Section 87-10-4 - Grant Considerations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Grant
				awards and disbursements will vary but typically, will not exceed $10,000. The
				Commission reserves the right to award a grant more than this amount depending
				on public safety, and funds availability. Grant requests may be granted in
				part, in full, or denied, depending on circumstance, public safety needs, and
				funds availability. The submission of an application in no way guarantees that
				funds will be awarded to the requesting entity.
4.1.1. Grant requests, should specifically
				ask for a specific dollar amount, along with any documentation, and a detailed
				description as to how the award of the grant will benefit the department and
				the community it serves.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-10 - Volunteer Fire Department Equipment and Training Grant Funding Disbursement › Section 87-10-5 - Grant Expenditure Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The State
				Fire Commission, or the State Fire Marshal, whichever is administering the
				state grant, shall notify the grantee of the reporting requirements set forth
				in this section.
5.2. All grantors
				awarding state grants shall, prior to awarding a state grant, take reasonable
				actions to verify that the grantee is not barred from receiving state grants
				pursuant to this section. The verification process shall, at a minimum,
				include:
5.3. A requirement that
				the grantee seeking the state grant provide a sworn statement from an
				authorized representative that the grantee has filed all reports and sworn
				statements of expenditures for state grants received as required under this
				section; and
5.4. Confirmation from
				the Legislative Auditor by the grantor that the grantee has not been identified
				as one who has failed to file a report or sworn statement of expenditures under
				this section. Confirmation may be accomplished by accessing the computerized
				database provided in subsection (e) of this section.
5.5. If any report or sworn statement of
				expenditures submitted pursuant to the requirements of this section provides
				evidence of a reportable condition or violation, the grantor shall provide a
				copy of the report or sworn statement of expenditures to the Legislative
				Auditor within 30 days of receipt by the grantor.
5.6. The grantor shall maintain copies of
				reports and sworn statements of expenditures required by this section and make
				the reports or sworn statements of expenditures available for public
				inspection, as well as for use in audits and performance reviews of the
				grantor.
5.7. An audit of state
				grant funds may be authorized at any time by the Joint Committee on Government
				and Finance to be conducted by the Legislative Auditor at no cost to the
				grantee.
5.8. Grantees are reminded
				that any grantee who files a fraudulent sworn statement of expenditures under
				subsection (b) of the § 12-14-4 b, a fraudulent sworn statement under
				subsection of this § 12-14-4 b, section, or a fraudulent report under this
				§ 12-14-4 b, is guilty of a felony and, upon conviction thereof, shall be
				fined not less than $1,000 nor more than $5,000 or imprisoned in a state
				correctional facility for not less than one year nor more than five years, or
				both fined and imprisoned.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-11 - Specialized Membership › Section 87-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes the parameters for specialized, non-fire fighter,
				membership of a fire department.
1.2. Authority. -- W. Va. Code §
				15A-11-8.
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.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-11 - Specialized Membership › Section 87-11-2 - Specialized Membership

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any
				Volunteer Fire Department wishing to allow a person to join its department, in
				any specialized role, and not as a fire fighter, must inform the Commission of:
2.1.a. The person's full name;
2.1.b. The person's specialized
				skill;
2.1.c. The person's training
				obtained to be able to perform the specialized skill, including:
2.1.c.1. What training was
				completed;
2.1.c.2. Where the
				training was received;
2.1.c.3. The
				name of the provider;
2.1.c.4. The
				dates of the training; and,
2.1.c.5. a statement as to how the training
				is sufficient to perform the specialized function
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-11 - Specialized Membership › Section 87-11-3 - Review and Approval or Denial of Specialized Members

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Commission, when it receives notice from a fire department as described in
				section 2 of this rule, shall review the materials presented for completeness.
				Following this review, the Commission shall determine the following:
3.1.a. If there is an applicable NFPA
				standard for the specialized training, the Commission shall review the training
				to ensure that the training met the applicable standard. The Commission may
				contact the training entity for any information it deems necessary to make this
				determination.
3.1.b. If there is
				not an applicable NFPA standard for the specialized training, the Commission
				shall make any inquiries it deems necessary to determine if the training
				satisfies the minimum standard for that specialization.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-12 - Junior Firefighters › Section 87-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes the parameters for Junior Firefighters responding to, and
				operating on a fire scene.
1.2.
				Authority. -- W. Va. Code § 15A-11-8.
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.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-12 - Junior Firefighters › Section 87-12-2 - Child Labor Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Commission intends for the provisions of this rule to supplement, and not
				supersede, the regulations set forth in the Child Labor Rule, W. Va. Code R.
				§
									42-9-1.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-12 - Junior Firefighters › Section 87-12-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. As used in
				this rule, the following terms shall mean:
3.1.a. Junior Firefighter - a person who is
				the age of 16 or 17 who is a member of a Fire Department.
3.1.b. Emergency Apparatus - Firefighting and
				response vehicles used by a Fire Department or by Fire Department Personnel, to
				respond to an emergency scene: Provided, That, a personal vehicle which has
				been issued an Emergency Vehicle Permit is only included in this definition if
				the lights and sirens are engaged, and the vehicle is responding to an
				emergency scene.
3.1.c. Non-member
				minor - Any Minor child under the age of 18 who is not a member of a Fire
				Department.
3.1.d. Firefighter One
				modules -- the activities trained during the modules of this class are attached
				as Appendix A and are incorporated into this rule.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-12 - Junior Firefighters › Section 87-12-4 - Emergency Apparatus Responding to a Fire or Emergency Scene

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Junior
				Firefighters who have not completed at a minimum Modules 1 and 2 of Fire
				Fighter 1, shall not travel on an emergency apparatus while the apparatus is
				traveling to or from a fire or an emergency scene.
4.2. Junior Firefighters who have completed
				at a minimum Modules 1 and 2 of Fire Fighter 1, may travel on an emergency
				apparatus either while the apparatus is traveling to or from a fire or an
				emergency scene, or not traveling to a fire or emergency scene:
Provided
, That the Junior Firefighter is properly belted in
				and follows all safety procedures while traveling on the emergency
				apparatus.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-12 - Junior Firefighters › Section 87-12-5 - First Aid at a fire or emergency scene

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Junior
				Firefighters who have not completed Basic First Aid and CPR training, shall not
				be permitted to administer first aid at any time on an emergency or fire
				scene.
5.2. Junior Firefighters who
				have completed Basic First Aid and CPR training, may administer first aid at a
				fire or emergency scene:
Provided
, That the Junior Firefighter
				shall not do so inside the fire scene area, or in a building or structure until
				the emergency or fire has been declared under control by the official in
				charge.
Provided further
, That any Junior Firefighter
				administering first aid but be under the direct supervision of a certified fire
				fighter over the age of 18.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-12 - Junior Firefighters › Section 87-12-6 - Other functions which may be performed by Junior Firefighters

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 Once a
				Junior Fire Fighter completes at a minimum any module of Firefighter One, or
				who has completed the Firefighter One training in full, the Junior Fire Fighter
				may perform any activities at a fire or emergency scene which they have
				completed training within modules one or two of Firefighter one, while under
				direct supervision of a certified firefighter over the age of 18. Under no
				circumstances may a Junior Firefighter perform any activities trained in
				modules three or four of Firefighter One at a fire or emergency
				scene.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-12 - Junior Firefighters › Section 87-12-7 - Non-member minors; Minors under the age of 16

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Non-member
				minor children, or any minor under the age of 16 may not participate in any
				activity provided for in this rule, but may ride on an emergency apparatus
				while it is not in service:
Provided
, That the minor child is
				properly belted in and follows all safety procedures while traveling on the
				emergency apparatus.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-12 - Junior Firefighters › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
WV Fire Commission
Modular Firefighting Training Pilot Program
Tasks that can be performed at the end of each module:
Module 1
Wear structural firefighting gear Ride on a fire apparatus
				  Answer station phone
Talk on a two-way radio
Deploy traffic and scene control devices Make hydrant and FDC
				  connections
Stretch hose lines (Exterior fire ground) Deploy Master
				  streams
Assist set up for drafting operations Clean and inspect hose
				  Perform first aid and CPR
Operate within the parameters of an Incident Command
				  System
Operate at the Awareness level at a Haz Mat incident --
				  Identify, Isolate and Notify.
Module 2
Use, inspect and clean SCBA Use Fire Extinguishers
Hoist equipment and hose with rope Use hand tools
Inspect, maintain, clean and deploy ladders Set up exterior
				  illumination
Operate exterior fire attack lines Operate at Wildland Fire
				  Incidents Operate Master Streams
Module 3
Operate at the Haz Mat Operations level of a Haz Mat
				  Incident
WV Fire Commission
Modular Firefighting Training Pilot Program
Module 4
Interior fire attack Forcible Entry Search and Rescue
Salvage and Overhaul Ventilation
Operate as a member of RIT
Climb and work from ladders
Secure building utilities
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-13 - Certification of Fire Chiefs › Section 87-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures certifying Fire Chiefs and acting Fire Chiefs
				of all fire departments operating in the State of West Virginia which are
				subject to the jurisdiction and certification of the Fire Commission.
1.2. Authority. -- W. Va. Code §
									15A-11-8.
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 87-13 - Certification of Fire Chiefs › Section 87-13-2 - Certification Process

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any
				member of any fire department who has been elected or appointed as Chief, or
				who is serving Acting Chief, must apply for Certification from the Fire
				Commission within 14 calendar days of assuming the position. No person may
				perform duties as a Chief until certified by the Commission in compliance with
				this rule.
2.2. The Chief or Acting
				Chief must send to the Fire Commission:
2.2.a.
				Proof of election or appointment, by letter or document signed by an
				appropriate person who oversees the department;
2.2.b. All appropriate documentation, issued
				by The West Virginia Department of Education, West Virginia Public Service
				Training or the WVU Fire Service Extension Office, to show proof that the Chief
				or Acting Chief has completed all necessary training to hold the position.
2.2.b.1. The training must include NFPA 1021,
				Standard for Fire Officer Professional Qualifications; or,
2.2.b.2. Fire Commission approved Fire
				Officer Level I and Fire Officer Level II
2.2.b.3. All previous firefighter and fire
				officer training will be recognized by the State Fire Commission to the level
				for which it is equivalent; and,
2.2.c. An executed and notarized Chief's
				Verification Statement, affirming that the chief will operate the department in
				compliance with all applicable laws, rules, and regulations, and will not allow
				the department, or members of the department to act or operate in a manner
				while engaging in fire department related activities, that is not in compliance
				with all applicable laws, rules, and regulations.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-13 - Certification of Fire Chiefs › Section 87-13-3 - Denial, Suspension, or Revocation of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any person, firm, corporation, member of
				the Fire Commission, State Fire Marshal, or public officer may make a complaint
				to the State Fire Commission making an accusation that a Fire Chief is in
				violation of State laws, rules, or regulations applicable to fire departments.
				The Fire Commission may provide a form for that purpose, but a complaint may be
				filed in any written form. In addition to describing the alleged violation
				which prompted the complaint, the complaint should contain the following:
3.1.a. The name of the fire department and
				the fire chief or acting chief against whom the complaint is lodged;
3.1.b. The date of the alleged
				incident;
3.1.c. The nature of the
				alleged violation; and,
3.1.d. The
				location of the alleged violation.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-13 - Certification of Fire Chiefs › Section 87-13-4 - Appeal of Denial of Certification; Hearings; Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For any person who has been denied
				certification, or who has had a Complaint issued by the Fire Commission which
				alleges wrongdoing, and seeks revocation, or suspension of certification, the
				hearings shall follow the procedures set forth in Series 9 of Title 87 of the
				West Virginia Code of State Rules. These hearings shall be heard by the Office
				of Administrative Hearings as provided by West Virginia Code §
									15A-9-1
et
				seq
.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-13 - Certification of Fire Chiefs › Section 87-13-5 - Orders from proceedings of Office of Administrative Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any final
				order entered by the Office of Administrative Hearings following a hearing
				conducted pursuant to these rules shall be made pursuant to the provisions of
				W. Va. Code §
									29A-5-3. Such orders shall be
				entered within 45 calendar days following the submission of all documents and
				materials necessary for the proper disposition of the case, including
				transcripts, and shall contain findings of fact and conclusions of
				law.
5.2. A copy of the final order
				shall be served upon the demanding or charged party and/or his or her attorney
				of record, if any, within 10 business days after entry by the Fire Commission
				by personal service or by registered or certified mail.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-13 - Certification of Fire Chiefs › Section 87-13-6 - Appeal from proceedings of Office of Administrative Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An appeal from
				any final order entered in accordance with these rules shall comply with the
				provisions of W. Va. Code §
									51-11-4(b)(4) as
				the Intermediate Court of Appeals has appellate jurisdiction of all "[f]inal
				judgments, orders or decisions of an agency or administrative law judge entered
				after June 30, 2022." Any party adversely affected by the final order,
				decision, or judgment of the Intermediate Court of Appeals may seek review by
				the Supreme Court of Appeals, pursuant to the requirements of W.Va. Code §
									51-11-1
et seq
and W.Va. Code §
									29A-6-1.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-14 - Use of Aqueous Film-Forming Foam (AFFF) for Fire Training Program Purposes › Section 87-14-1 - 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 use of Aqueous Film-Forming
				Foam (herein after "AFFF") during qualified training programs in fire-fighting
				and hazardous substance emergency response activities and procedures for such
				qualified training programs to be certified by the state fire
				marshal.
1.2 Authority. -- WV Code
				§ 29-3-5g.
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.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-14 - Use of Aqueous Film-Forming Foam (AFFF) for Fire Training Program Purposes › Section 87-14-2 - 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 State Fire
				Marshal shall approve the program contingent upon compliance with Section 4 of
				these rules and regulations.
2.4 A
				copy of all training/certifications records and approved training programs
				shall be provided to the State Fire Marshal Office for record keeping
				purposes.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-14 - Use of Aqueous Film-Forming Foam (AFFF) for Fire Training Program Purposes › Section 87-14-3 - 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.