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 87-6-6 - Review and evaluation of existing departments

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All local fire departments in operation
				and recognized by the State Fire Commission on the effective date of this rule
				are hereby deemed to be duly-certified departments, Provided that these local
				fire departments must be regularly evaluated for renewal of recognition under
				the schedule established below for implementation of this rule.
6.2. Schedule for implementation - Within 120
				days of the effective date of this rule, the State Fire Marshal shall establish
				geographical divisions of the entire area of the state for a system of regular
				review and renewal of the recognition of local fire departments. The State Fire
				Marshal shall have the discretion to determine the number and the boundaries of
				the geographical regions based upon the manpower and resources available for
				the review and inspection responsibilities defined herein, Provided that these
				geographical divisions shall contain approximately equal numbers of local fire
				departments. On or before the conclusion of this period, the State Fire Marshal
				shall assign all of the departments within a given region, by random lot, to a
				rotating schedule for renewal of recognition in such fashion that, per year,
				twenty percent of the local departments within a region shall be required to
				apply for and obtain renewal of their recognition in each year following the
				adoption of this rule. The schedule for regular evaluation shall begin in the
				year 2008.
6.3. Six months prior to
				the expiration of recognition of a local fire department, the State Fire
				Marshal shall send forms for the renewal of recognition to the local fire
				department. Applications for renewal of recognition must be in writing, using
				the forms provided by the State Fire Marshal and must be submitted no later
				than three months prior to the date of expiration of the recognition period for
				the local fire department.
6.4. If
				the State Fire Marshal finds it necessary to visit a local fire department for
				purposes of completing an evaluation, the State Fire Marshal shall notify the
				local fire department in advance and arrange a mutually-suitable time in which
				a responsible individual can meet the State Fire Marshal.
6.5. If, for any reason, the State Fire
				Marshal fails to provide the renewal application forms to a department in a
				timely manner or if the State Fire Marshal is unable to complete an evaluation
				of a local fire department prior to the date established for expiration of
				recognition, the local fire department's official recognition shall continue
				until such time as the State Fire Marshal is able to complete an evaluation of
				the department and the Commission is able to meet and consider the renewal
				application.
6.6. After review of
				the evaluation according to the criteria established or referenced herein, the
				State Fire Marshal shall submit the results of the evaluation to the State Fire
				Commission with a recommendation as to whether the local fire department should
				be approved and recognized. The Commission shall have the ultimate authority to
				rule upon the evaluation of each local fire department. The Commission is not
				bound by the recommendation of the State Fire Marshal and may independently
				review all materials submitted with the application.