Title 87 W. Va. C.S.R.

Fire Commission Fire Commission

Series 01 Fire Code

W. Va. Code R. § 87-1-1 General

1.1. Scope. -- This rule establishes the State Fire Code for the safeguarding of life and property from the hazards of fire and explosion.

1.2. Authority. -- This legislative rule is issued under authority of W. Va. Code § 15A-11-3.

1.3. Filing Date. -- May 13, 2026.

1.4. Effective Date. -- July 1, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

1.6. Exemption. -- This State Fire Code has no application to personal care homes caring for three or less patients or buildings used wholly as dwelling houses for no more than two families and has no application to buildings or structures used primarily for agricultural purposes including agritourism purposes. Provided; however, that farm structures (1) used for group sleeping accommodations for farm workers or (2) used for health care, or detention/correctional occupancy are not exempt from the requirements of this State Fire Code. All permits and processes pertaining to the boilers, including inspections, are exempt from the State Fire Code and are under the jurisdiction of the West Virginia Division of Labor.

1.7. Incorporation of Other Documents. -- This State Fire Code does not include a reprinting of all the requirements imposed by statute or by the incorporation of various National Standards and Codes cited in section 2 of this rule. For ascertaining these additional standards and requirements it is necessary to make reference to these other documents. A copy of the relevant standards are listed throughout this Rule, and in Appendices A and B, attached to this Rule. The relevant standards may be viewed, at no cost, on the National Fire Protection Association website at the time of the adoption of this rule.

1.8. Conflicts.

1.8.1. Whenever there is a conflict between NFPA 1 and NFPA 101, the requirements of NFPA 101 shall take precedence.

1.8.2. Whenever there is a conflict between the State Building code and the State Fire Code, the State Fire Code shall take precedence.

1.8.3. Whenever there is a conflict between the State Fire Code and the NFPA codes, the State Fire Code shall take precedence.

W. Va. Code R. § 87-1-2 National Standards and Codes

2.1. The standards and requirements as set out and established by NFPA 1 of the 2021 edition of "The National Fire Codes" published by the National Fire Protection Association (“NFPA”) and has the same force and effect as if set out verbatim in this rule and is hereby adopted and promulgated by the State Fire Commission as a part of the State Fire Code with the following exceptions or additions:

2.1.1. NFPA 101 2021 edition is adopted in full, as opposed to the limited capacity as set forth in NFPA 1, with the following additions: 2.1.1.a NFPA 101 section 11.8 is adopted in full with the following additions:

2.1.1.a.1. Any new building or structure more than 75 feet in height, measured from the lowest level of fire department vehicle access to the floor of the highest normally occupied space used for human occupancy of the structure, is subject to this paragraph for high rise buildings. This rule shall not nullify or interfere with existing city high rise ordinances or local laws previously adopted prior to September 8, 1975 relative to high rise buildings. Industrial occupancies not occupied as business offices are exempted from the provisions of this paragraph.

2.1.1.a.2. Addition of Floors to Existing Buildings. -- Whenever floors are added to an existing building, which previously was not a high rise, causing the building to become a high rise, the building shall qualify as a new building for purposes of this rule.

2.1.1.a.3. Automatic Fire Protection Systems. -- Any building or structure as defined in subparagraphs 2.1.1.a.1. or 2.1.1.a.2. or Table 2.2. 1. of this rule and used for human occupancy shall have an approved automatic fire extinguishing system throughout the entire building and standpipe systems installed in accordance with The National Fire Codes, adopted under Section 2 of this rule. Class I Manual Standpipe Systems may be used up to 75 feet as adopted by NFPA 14, Standard for Standpipe Systems. The fire alarm system of a high-rise building shall conform to the Standards imposed by this rule.

2.1.1.a.4. Fire Department Voice Communication System. -- A High rise building or structure used for human occupancy that is 75 feet in height or greater as measured in accordance with subparagraph 2.1.1.a.1. of this Section shall have an approved electrically supervised fire department voice communication system. The Fire Department Voice Communication System shall be located at each floor level of stair enclosures, elevator lobbies, the penthouse and in any elevator designated for fire department use. This system shall be a telephone jack system unless specifically approved otherwise by the designated fire authority having jurisdiction.

2.1.1.a.5. High Rise Central Control Station. -- In every high rise building as defined in subparagraphs 2.1.1.a.1. and 2.1.1.a.2. of this section, a central control station for fire department operations shall be provided in a location approved by the State Fire Marshal or the designated local fire authority. The Central Control Station shall contain: (1) the fire department voice communication system panel when required, (2) fire detection and alarm system panels, (3) status indicators for the heating, ventilation, and air conditioning (HVAC), smoke control system, fire pumps and emergency generator and a (4) telephone approved by designated fire authority having jurisdiction. Emergency lighting shall be provided at the Central Control Station.

2.1.1.a.6. Emergency Power. -- A permanently installed emergency power generation system conforming to The National Fire Codes adopted by section 2 of this rule shall be provided in every high rise building 75 feet in height or greater, as measured in accordance with subparagraph 2.1.1.a.1. of this section. All power, lighting, signal, and communication facilities, required by this rule or otherwise, shall be transferable automatically to the emergency power system. The emergency power system shall be of sufficient capacity to provide service for, but not limited to, the following:

2.1.1.a.6.A. the Fire Alarm System;

2.1.1.a.6.B. Exit & Other Emergency Lighting;

2.1.1.a.6.C. Fire Protection Equipment;

2.1.1.a.6.D. the Smoke Management System;

2.1.1.a.6.E. the Fire Department Elevator;

2.1.1.a.6.F. the Fire Department Voice Communication System; and

2.1.1.a.6.G. the Fire Pumps.

2.1.1.a.7. Smoke Management. -- In all high rise buildings as defined in subparagraphs 2.1.1.a.1. and 2.1.1.a.2. of this section, a smoke management system designed in accordance with NFPA 92 Smoke-Control Systems, shall be provided and acceptable to the State Fire Marshal.

2.1.1.a.8. Floor Designation. -- All stairway doors, both on the stairway and entrance side, shall indicate the floors by number. The floor number shall be in at least 6 inch block letters in a contrasting color.

2.1.2. Except as otherwise provided in this rule, the standards set forth in section 2.2. of NFPA 1 are modified as follows:

2.1.2.a. NFPA 5000 is excluded in its entirety;

2.1.2.b. NFPA 472 is excluded in its entirety;

2.1.2.c. NFPA 120 is excluded in its entirety;

2.1.2. d. NFPA 101A is excluded in its entirety.

2.1.3. Except as otherwise provided in this rule, the following NFPA standards are incorporated as if set forth fully in this subdivision:

2.1.3.a. The referenced codes and standards found in the National Fire Protection Association NFPA 1 (2021 Edition), Referenced Publications, NFPA Publications shall be incorporated in this rule in its entirety.

2.1.3.b. SUPPLEMENT VOLUME 1: Tentative Interim Amendment to NFPA 70, Revise Article 517.41(E) to read as follows: (E) Receptacle Identification. The cover plates for the electrical receptacles or the electrical receptacles themselves supplied from the essential electrical system shall have a distinctive color or marking so as to be readily identifiable. [99:6.5.2.2.4.2]

2.1.4. All Plan Reviews conducted shall meet the requirements of the State Fire Code, NFPA 1 Sections 1.7.12 through 1.7.14, NFPA 1 Section 1.14, NFPA 101, and other applicable NFPA codes. All Inspections conducted shall meet the requirements of the State Fire Code, NFPA 1 Section 1.7.7, NFPA 101, and other applicable NFPA codes.

2.1.4.a. The owner or occupant of a new building, existing Industrial and Storage occupancies, or an existing building that has had 50% or more of the space renovated or reconstructed, shall obtain a certificate of occupancy including but not be limited to the State Fire Marshal’s Office alone, before the building is occupied or used for its intended purpose.

2.1.4.b. The projects, where applicable, shall be designed by an Architect licensed by the West Virginia Board of Architects or a Professional Engineer licensed by the West Virginia State Board of Registration for Professional Engineers. Any such licensed professional shall affix his or her seal to the design documents per the respective licensing board and obtain a review approval from the Authority Having Jurisdiction (“AHJ”) prior to construction or noted renovation or reconstructed as noted in part 2.1.1.1.3.1. of this rule.

2.1.4.c. The State Fire Marshal’s Office shall provide a system for the electronic filing of all documents submitted for the plan review of projects, including payments, attachments, drawings, or other requirements. The State Fire Marshal’s Office shall have the system in place by January 1, 2025. After that date, the owner or occupant applying for a final inspection or certificate of occupancy shall submit all documents for a plan review electronically.

2.1.4.d. The appropriate AHJ shall complete a plan review for a project within 45 days of receiving the project plan’s submission. If the submitted project plans do not meet the requirements of this subdivision, the AHJ shall notify the owner or occupant of the project plan’s deficiencies with specificity. The owner or occupant has 10 days to submit additional required documentation to the AHJ. The AHJ has 10 days to complete the plan review once all of the requirements of this subdivision have been met.

2.2. For purposes of this rule, the following shall be in addition to any standard set forth in NFPA 1, or NFPA 101.

2.2.1. Sprinkler Protection and Area Limitations.

2.2.1.a. Approved automatic sprinkler systems in accordance with the applicable NFPA Standard for Sprinkler Systems will be installed in all new buildings used for any occupancy except for Industrial occupancies: Provided, That if the Industrial Occupancy is classified as a high hazard occupancy, NFPA approved automatic sprinkler or suppression systems will be installed. Storage occupancies that are high hazard would also have to be sprinkled or suppression systems installed, including buildings containing high-piled storage, bulk storage of tires, and new mini-storage buildings built after the effective date of this rule, as identified in NFPA 1, Section 13.3.2.26. Existing mini-storage buildings constructed and established prior to the effective date of this rule shall not be required to be retrofitted with automatic sprinkler or suppression systems. High hazard occupancies would also have to be sprinkled or suppression systems installed, unless an applicable code or standard allowed for an exemption from the height and area requirements if the building or structure was of Type I and II construction as previously described; others exceeding the area limitations noted in the chart at the end of this subsection, or as required by occupancy chapters of the applicable NFPA codes and other NFPA codes, where no conflicts in the language exist. Sprinkler protection for occupancies covered by section 2 of this rule are required to provide sprinkler protection regardless of area limitations. See Table 2.2.1. below.

2.2.1.b. All residential occupancies, except one- and two-family dwellings, shall prominently display signage stating whether the building contained an approved automatic sprinkler and whether the windows are capable of being opened or broken in an emergency.

TABLE 2.2.1.

SPRINKLER PROTECTION & AREA LIMITATION**

BUILDING HEIGHT

Type of 1 2 More than 2 More than More than Construction Story Story Stories and 40 feet 75 feet Up to 40 ft.

Type I Fire Resistive 60,000 60,000 40,000 35,000 High Rise Fire Resistive 40,000 40,000 30,000 25,000 High Rise Type II Protected Non-Com. 35,000 25,000 10,000 Sprinklered High Rise Protected Limited 30,000 20,000 8,000 Sprinklered High Rise Combustible Unprotected Limited 12,000 8,000 Sprinklered Not Permitted Not Permitted Unprotected Non-Com.

Type III Protected Ordinary 14,000 14,000 Sprinklered Not Permitted Not Permitted Non-Protected 9,000 6,000 Sprinklered Not Permitted Not Permitted Ordinary Type IV 2HH Heavy Timber 15,000 15,000 Sprinklered Not Permitted Not Permitted Type V Protected Wood 11,500 11,500 Sprinklered Not Permitted Not Permitted Frame Non-Protected 6,000 6,000 Not Permitted Not Permitted Not Permitted Wood Frame **Notes to Table 2.2.1:

(1) The word "area" means that area enclosed by exterior or foundation walls, fire walls, or a combination of exterior or foundation walls. A fire wall shall be constructed in accordance with NFPA 221, Standard for Fire Walls and Fire Barrier Walls, with a minimum of a 2 hour fire rating.

(2) The phrase "not permitted" means that buildings of these heights are not permitted for the type of construction indicated.

(3) The phrase "High Rise" means that the building shall also comply with subsection 2.1. of this Rule.

(4) Types of building construction indicated in the chart are located in NFPA 220 and 221, Standard on Types of Building Construction.

(5) Exception: Automatic sprinklers shall not be required in open parking structures as defined in NFPA 88A of Type I or Type II construction that are less than 40 feet in height as measured per part 2.1.1.a.1. of this Rule.

2.2.2. Sprinkler Protection (Certain Occupancies).

2.2.2.a. In Lodging and Rooming occupancies, a sprinkler system shall not be required where there is directing outside exiting from each sleeping room and an approved electrically supervised fire alarm system is installed.

2.2.2.b. Homes or institutions caring for more than three patients shall meet the requirements of this section.

2.2.2.c. Buildings commencing construction after July 1, 2023, housing emergency fire, rescue, or ambulance services shall be protected throughout by approved automatic sprinkler systems; Provided, That emergency services buildings that house only equipment, are less than 5,000 square feet, and do not have designated sleeping areas or quarters within them, regardless of when constructed or commencing construction, are exempt from this requirement.

2.2.3. Fire Alarm System.

2.2.3.a. General Requirements for All Occupancies.

2.2.3.a.1. The following requirements apply in addition to NFPA 101, Life Safety Code, Chapter 9, Section 9.6, Chapters 11 through 43, and other applicable NFPA codes as adopted by this Rule:

2.2.3.a.2. All Hotels that are 3 or more stories high and Motels that are 3 or more stories high, shall be tied into a listed central supervising station or a communication center with 24-hour supervision which is responsible for receiving emergency calls.

2.2.3.a.3. Exception: Hotels and motels with direct to outside exits from all guests’ rooms.

2.2.4. Hood Exhaust and Fire Suppression for Limited Use Food Preparation Facilities.

2.2.4.a. Commercial cooking in limited use food preparation facilities – NFPA 1 Chapter 50 shall be amended to read as follows:

"Limited use food preparation facilities" are defined as stationary, stand-alone or individual food preparation booths which cook and serve food for short periods of time throughout the year, not to exceed 15 days per year: Provided, That an individual food preparation booth may not be attached to any larger structure where persons reside. This exception does not apply to mobile food operations as food trucks.

Existing fire code rules for the installation of ventilation hoods and automatic fire suppression may not apply to limited use food preparation facilities.

There is hereby established an equipment requirement for each limited use food preparation facility, including but not limited to an appropriate number of fire extinguishers for the correct fire suppression type for the conditions of the limited use food preparation facility. These requirements include, but are not limited to, the following:

The requirement of a handheld fire extinguisher for grease fires if cooking grease and oils are produced or used;

A fully charged fire extinguisher for each 1000 square feet of floor space where cooking is done, with a minimum of two;

Persons working in a limited use food preparation facility shall be minimally trained in the dangers of cooking fires and the use of the fire extinguishers;

The cooking equipment of the limited use food preparation facility shall be constantly monitored any time it is in operation;

A reasonable amount of ventilation and air flow shall be utilized to disperse fumes and "vaporized grease" from any cooking activities;

Performing leak checks and corrective action for all fuel-fired cooking appliances and piping prior to its operational use;

Providing regular general housekeeping and cleaning within each cooking area including spillage of animal fats and oils; and, Providing 10 feet separation from each adjacent structure constructed with combustible wall construction. This shall also include those using cooking appliance on the outside of these structures.

2.2.5. Requirements for Educational Occupancies.

2.2.5.a. Classroom door locking to prevent unwanted entry- NFPA 101 section 15.2.2.2.4 shall be amended to read as follows: the locking mechanism shall be capable of being engaged without opening the door.

The unlocking and unlatching from the classroom side of the door can be accomplished without the use of a key, tool, or special knowledge or effort.

Locks, if remotely engaged, shall be unlockable from the classroom side of the door without the use of a key, tool, or special knowledge or effort. the locking means shall not modify the door closer, panic hardware, or fire exit hardware, provided that any device purchased and approved by the Fire Marshal prior to July 1, 2020, is exempt from this subdivision.

Two non-simultaneous releasing operations shall be permitted.

The temporary door locking device can be opened by school staff, school administrators, and first responders from the ingress side of the door, provided that any device purchased and approved by the Fire Marshal, prior to July 1, 2020, is exempt from this subdivision if the school has notified the first responders that it is exempt from this subdivision.

Modifications to fire door assemblies, including door hardware shall be in accordance with NFPA 80.

(8) Staff shall be drilled in the engagement and release of the locking means, from within and outside the room, as part of the emergency egress drills required by 14.7.2.

Any locking mechanism purchased, installed, or utilized pursuant to this section shall be approved by the State Fire Marshal in accordance with policies promulgated by him.

(10) In addition, a temporary door locking device shall only be used under the following conditions:

a. Proof is provided by the administrative authority of a school building that a school safety plan has been adopted and filed; and b. The temporary door locking device shall only be used in an emergency and during active shooter drills; and c. During any type of training event, the temporary door locking device is engaged only by a staff member of the school building; and d. The temporary door locking device shall only be engaged for a finite period of time as determined by the administrative authority of a school building in accordance with the approved and adopted school safety plan or during an actual active shooter event until first responders instruct them to disengage the said device;

e. Proof is provided by the administrative authority of a school building that all appropriate fire responder agencies having jurisdiction for the school building have been notified prior to the use of the temporary door locking device; and f. In-service training on the use of the temporary door locking device is provided for school staff members and local first responders; records verifying this training shall be maintained on file and provided to the State Fire Marshal’s Office upon request.

2.2.5.b. All Modular classroom structures with Manufacturer’s Statements of Origin after January 1, 2018, shall be considered a new building and fall under New Educational Occupancy requirements of NFPA 101 Code. All other classroom structures with Manufacturer’s Statements of Origin prior to January 1, 2018, shall be considered an existing building and fall under Existing Educational Occupancy requirements of NFPA 101 Code, regardless of the date of installation of the structure at the educational facility’s location.

2.2.6. Explosives.

2.2.6.a. As soon as practical after all loaded blast holes (shot) are linked, they shall be immediately connected to a source of ignition and fired by a person legally permitted to do so.

2.2.6.b. Pre-loading blast holes (shots) to be fired at a later time are prohibited unless a waiver has been granted to do so by the State Fire Marshal.

2.2.6.c. Section 4.6.2 of the National Fire Protection Association (NFPA) 495, Explosive Material Code, the provisions of which are incorporated in NFPA 1 and adopted by reference in subsection 2.1 of this rule, is amended to provide that persons 18 years and older may be issued a Class G Special “Helper” permit to use explosives.

2.2.6.d. A valid explosives storage permit shall be obtained from the State Fire Marshal for any explosives stored overnight. Provided that type III portable magazines and type V trailers which have not been disabled for over the road use shall not be counted as magazines for the purposes of the storage permit only. Also provided that a storage permit for explosives stored exclusively underground shall not be required.

2.2.6.e. A valid permit to use explosives (“Blaster License”) shall be obtained from the State Fire Marshal for all persons detonating explosives for legal purposes and persons possessing and handling explosives. Exception: persons handling and possessing explosives for the sole purpose of inventory and accounting, and who also shall possess an “Employee Possessor/Responsible Person” clearance as issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives where applicable.

2.2.6.f. Control of Adverse Effects.

2.2.6.f.1. Blasting shall be conducted in a manner that prevents injury to persons and damage to public or private property outside the permit or blast area for which blasting activity occurs. For purposes of this rule, the definition of blast area is the area in which concussion (shock wave), flying material, or gases from an explosion can cause injury to persons (NFPA 495).

2.2.6.f.2. “Flyrock” defined as rock, mud, or debris (excluding dust or detonation byproducts) ejected from the blast site by the force of a blast, shall not be cast beyond the operational boundary of the permit or blast area.

2.2.6.f.2.A. If flyrock is cast beyond the operational boundary of the permit or blast area, the licensed blaster shall notify the State Fire Marshal by telephone within 2 hours after learning of the flyrock incident, and submit a flyrock incident report to the State Fire Marshal within 3 business days after learning of the incident. The report shall be signed by the blaster-in-charge who conducted the blast. The report shall include, at a minimum, a copy of the blast record and all available seismograph data, a sketch of the blast site and rock deposition area, and a detailed explanation of: how the blasts were designed and loaded; who witnessed the blasts and where they were located and what they observed; the location and nature of the flyrock deposition (including property owners, type and approximate number of rocks, size and distance range), property damages (if any) and personal injuries (if any); the probable cause of the flyrock incident; and the corrective measures to be taken to prevent another flyrock incident.

2.2.6.f.3. Ground vibration, when measured at any dwelling, public or commercial building, school, church, dam, earthen impoundment, or community or institutional building located outside the operational boundary of the permit or work area not owned or leased by the permitee, shall not exceed the limitations as defined and illustrated in NFPA 495, Section 11.1.2.1(a). Provided, that the requirements set forth in this subsection shall not apply to blasting operations on surface coal extraction sites, and quarries otherwise permitted and regulated by the West Virginia Department of Environmental Protection, Office of Explosives and Blasting within the Division of Mining and Reclamation. Alternatively, a waiver of this requirement from the owner of the structure may be filed with the State Fire Marshal's Office.

2.2.6.f.4. Airblast, when measured at any dwelling or building listed in subparagraph 2.2.6.f.3. of this rule shall be in compliance with NFPA 495, Table 11.2. Air Overpressure Limits.

Table 11.2 Air Overpressure Limits Lower Frequency of Measuring System [Hz (+/- 3 dBL)

Measurement Level (dBL) 0.1 Hz or lower – flat response* 134 peak 2 Hz or lower- flat response 133 peak 6 Hz or lower – flat response 129 peak C-Weighted – slow response* 105 peak *Only where approved by the state fire marshal.

2.2.6.f.5. A seismograph shall be used beside the nearest dwelling or building listed in subparagraph 2.2.6.f.3. of this rule to demonstrate compliance with the ground vibration and airblast limits listed in subparagraph 2.2.6.f.3. and 2.2.6.f.4. of this rule. As an alternate to seismographic monitoring, the blast shall comply with scaled distance equation, W = (D/50 )2, where W is the maximum weight of explosives, in pounds, that can be detonated within any period less than 8 milliseconds, D is the distance, in feet, from the nearest blasthole to the nearest dwelling or building listed in subsection 2.2.6.f.3 of this rule, and fifty is the applicable scaled distance factor.

2.2.6.f.6. For structures not listed in subsection 2.2.6.f.3. of this rule, such as oil or gas wells, oil or gas transmission and distribution lines, high-voltage steel transmission towers, public water lines, and silos, located outside the operational boundary of the blasting operation not owned or leased by the permittee, a seismograph shall be used beside the nearest structure to demonstrate that the peak particle velocity did not exceed 2.0 inches per second. As an alternate to seismographic monitoring, the blast shall comply with scaled distance equation, W = (D/50)2, where W is the maximum weight of explosives, in pounds, that can be detonated within any period less than 8 milliseconds, D is the distance, in feet, from the nearest blasthole to the nearest dwelling or building listed in subparagraph 2.2.6.f.3. of this rule, and fifty is the applicable scaled distance factor. Alternatively, a waiver of this requirement from the owner of the structure may be filed with the State Fire Marshal's Office.

2.2.7. Monitoring instruments – All seismographs used to prove compliance with the ground vibration and airblast limits required by this rule shall be deployed in the field according to the ISEE Field Practice Guidelines for Blasting Seismographs (2009 Edition). Whenever possible, the seismographic measurement shall be made within 10 feet of the building or structure being monitored, on the side of the building or structure closest to the blast site.

2.2.7.a. A monitoring instrument for recording ground vibration, at a minimum, shall have:

a. A frequency range of 2 Hz to 250 Hz;

b. Particle velocity range of .02 to 4.0 inches per second or greater; and c. An internal dynamic calibration system.

2.2.7.b. A monitoring instrument used to record airblast shall have:

a. A lower frequency limit of 0.1, 2.0 or 6 Hz;

b. An upper end flat-frequency response of at least 250 Hz; and c. A dynamic range that, at a minimum, extends from 106 to 142 dBL.

2.2.7.c. A monitoring instrument shall be calibrated annually and when an instrument is repaired and then the repair may effect the response of the instrument. Calibration shall be done by the manufacturer of the equipment, or by an organization approved by the manufacturer, or by an organization having verifiable knowledge of the calibration procedures developed by the manufacturer. The calibration procedure shall include testing the response of the entire system to externally-generated dynamic inputs. These inputs shall test the entire monitoring system at a sufficient number of discrete frequency intervals to assure flat response throughout the frequency ranges specified by this rule. Dynamic reference standards used for calibration shall be traceable to the National Institute of Standards and technology (NIST). Calibration procedures and documentation of calibration shall immediately be made available upon demand by the State Fire Marshal, or other law enforcement or regulatory personnel.

2.2.7.d. A certificate that indicates the name of the calibration facility, the calibration technician, the date of calibration and frequency range of the airblast monitor shall be made available upon request by the State Fire Marshal, or other law enforcement or regulatory agency.

2.2.8. Monitoring Records.

2.2.8.a. Any person who operates a seismograph for the purpose of demonstrating compliance with the ground vibration and airblast limits of this rule shall receive appropriate training for the specific seismograph model(s) in use in: programming the seismograph(s) to record the blast; positioning the geophone and microphone; coupling the geophone to the ground; extracting the data after the blast in digital and printed forms; and understanding the results. Such training shall be received from a representative of the seismograph manufacturer or distributor, or other competent person(s). A record of such training shall be maintained by the seismograph operator or his or her employer, and made immediately available for inspection by the State Fire Marshal or other law enforcement or regulatory agency. All persons who operate a seismograph for the purpose of demonstrating compliance with the ground vibration and airblast limits of this rule shall also receive refresher training every two years.

2.2.8.b. Monitoring records, at a minimum, shall contain:

2.2.8.b.1. A calibration pulse on each of the mutually-perpendicular ground vibration traces. These pulses shall represent the dynamic response of the entire recording system to an internally-generated calibration signal, and shall allow the State Fire Marshal, or other law enforcement or regulatory personnel to verify that the seismograph is recording ground vibration to its specific accuracy.

2.2.8.b.2. The time history of particle velocities for three mutually perpendicular ground vibration traces and one air-overpressure trace, including time base, amplitude scales and peak values for all traces.

2.2.8.b.3. The results of a field calibration test for each channel.

2.2.8.b.4. The frequency content of all vibration signals using either single degree of freedom (SDF) response spectrum, Fast Fourier Transform (FFT) or half-cycle zero-crossing analysis methods.

2.2.8.b.5. Frequency versus particle velocity plots as indicated in NFPA 495, Table 11.1.2.1(b).

2.2.8.b.6. The name of the individual taking the recording.

2.2.8.b.7. The GPS NAD 83 or 27 location of the monitoring instrument, and the date and time of the recording; and

2.2.8.b.8. The last calibration date of the monitoring instrument.

2.2.8c. If the State Fire Marshal questions the validity of a ground vibration or airblast record, or the interpretation of the record, the State Fire Marshal may require a ground vibration or airblast recording to be analyzed or certified by the seismograph company supplying and calibrating the seismograph. When the State Fire Marshal requires that a recording be analyzed or certified, it shall be performed and included with the blast report within 30 days.

2.2.9. Blasting Activity Registration.

2.2.9.a. "Applicant" is defined as any user of commercial explosives that has obtained applicable Bureau of Alcohol Tobacco & Firearms (“BATF”) clearances and intends to legally detonate any amount of commercial explosives for authorized purposes.

2.2.9.b. An agency approved form shall be submitted for any and all blasting activity, excluding surface coal extraction activities already permitted by the West Virginia Department of Environmental Protection, Office of Explosives and Blasting within the Division of Mining and Reclamation, to the State Fire Marshal no less than 2 business prior to the blasting activity commencing, and shall include the following information:

2.2.9.b.1. The applicant’s name, address, telephone number and type of business;

2.2.9.b.2. A contact person’s name, title, and telephone number;

2.2.9.b.3. The identity of independent subcontractors who will be performing the blasting activity;

2.2.9.b.4. The type of explosive to be used;

2.2.9.b.5. The location of the blasting activity; and

2.2.9.b.6. Job duration and times of the blasting activity.

2.2.10. Blast logs.

2.2.10.a. Blast logs shall be maintained for a period of five years by anyone conducting blasting activities. Those logs shall immediately be made available upon demand by the State Fire Marshal, or other law enforcement or regulatory personnel.

2.2.10.b. The blast log shall include as a minimum:

2.2.10.b.1. The name of the blasting activity applicant;

2.2.10.b.2. The date and time of the blast;

2.2.10.b.3. The location of the blast using GPS NAD 83 or 27 coordinate system;

2.2.10.b.4. The owner name and address or the GPS NAD 83 or 27 coordinates of the nearest building location not owned by the blasting activity applicant or customer;

2.2.10.b.5. The direction and distance in feet from the blast site to the nearest structure not owned by the blasting activity applicant or its customer;

2.2.10.b.6. The direction and distance to the closest utility not owned by the blasting activity applicant or its customer;

2.2.10.b.7. The type of material to be blasted;

2.2.10.b.8. The type of stemming/decking material used;

2.2.10.b.9. The measures taken to control flyrock, including whether or not mats were used;

2.2.10.b.10. The weather conditions including temperature, wind direction and estimated speed, cloud cover;

2.2.10.b.11. The total number of holes, diameters, depths, burdens, spacings, subdrill, top and deck stemming heights, pounds per hole;

2.2.10.b.12. Explosives product densities and pounds used and/or units, not including detonating cord;

2.2.10.b.13. The total weight in pounds of explosives and primer cartridges used;

2.2.10.b.14. The type and total length in feet of detonating cord(s) used;

2.2.10.b.15. The type, length, delay period(s), of each detonator and the total quantity each type of detonator used: Provided, that for the purposes of this subparagraph, if an electronic detonator is used, a delay period is not required to be reported on the blast log;

2.2.10.b.16. The type(s) of initiation system used;

2.2.10.b.17. The maximum weight in pounds of explosives detonated per delay period of less than 8 milliseconds;

2.2.10.b.18. The scaled distance to the closest structure and/or utility not owned by the applicant or client;

2.2.10.b.19. The powder factor(s) in pounds per cubic yard, tons per pound, or pounds per square foot;

2.2.10.b.20. The monitoring records required shall be made a part of the blast report within 24 hours of the blast if required by subparagraph 2.2.6.f.3.;

2.2.10.b.21. A technical illustration (sketch) showing north arrow, the direction to the nearest structure and/or utility, the arrangement of blast hole burdens and spacings, firing time(s) and/or delay patterns for each blast charge, point of initiation, and free faces;

2.2.10.b.22. A technical illustration (sketch) showing typical borehole load cross sections;

2.2.10.b.23. The printed name, signature, and permit number of the blaster-in-charge for each blast; and

2.2.10.b.24. Any unusual conditions or comments.

2.3. Necessity of Installation and Maintenance of Carbon Monoxide Alarms or Detectors.

2.3.1. An operational single station carbon monoxide detector with a suitable alarm or a combination smoke detector and carbon monoxide detector, which shall be alternating current (AC) powered with battery backup shall be in all new construction; and, in existing construction, shall either be plugged directly into an electrical outlet that is not controlled by a switch or hardwired into an alternating current (AC) electrical source, with battery backup. Carbon Monoxide Alarms or Detectors shall be installed, maintained, tested, repaired, or replaced, if necessary, in accordance with the manufacturer’s direction:

2.3.1.a. In any newly constructed residential unit which has a fuel-burning heating or cooking source including, but not limited to, an oil or gas furnace or stove;

2.3.1.b. In any residential unit which is connected to a newly constructed building, including, but not limited to, a garage, storage shed or bar, which has a fuel-burning heating or cooking source, including, but not limited to, an oil or gas furnace or stove;

2.3.1.c. In either a common area where the general public has access or all rooms in which a person will be sleeping that are adjoining to and being directly below and above all areas or rooms that contain permanently installed fuel-burning appliances and equipment that emit carbon monoxide as a byproduct of combustion located within all apartment buildings, boarding houses, dormitories, long-term care facilities, adult or child care facilities, assisted living facilities, one- and two- family dwellings intended to be rented or leased, hotels and motels.

2.3.1c.1. All single station carbon monoxide detector with a suitable alarm or a combination smoke detector and carbon monoxide detector shall be hardwired into an alternating current (AC) electrical source, with battery backup, when installed in all newly constructed apartment buildings, boarding houses, dormitories, hospitals, long-term care facilities, adult or child care facilities, assisted living facilities, one- and two- family dwellings intended to be rented or leased, hotels and motels.

2.3.1.c.2. In any long-term care facility that is staff on a 24 hour, 7 day a week basis, the single station carbon monoxide detector with a suitable alarm or a combination smoke detector and carbon monoxide detector shall only be required to be installed in an area of the facility that permits the detector to be audible to the staff on duty.

2.3.1c.3. In every public or private school or daycare facility that uses a fuel-burning heating system or other fuel-burning device that produces combustion gases. A carbon monoxide detector shall be located in each area with a fuel-burning heating system or other fuel-burning device that produces combustion gases.

2.3.1c.4. Any person installing a carbon monoxide detector in a residential unit shall inform the owner, lessor or the occupant or occupants of the residential unit of the dangers of carbon monoxide poisoning and instructions on the operation of the carbon monoxide detector installed.

2.3.1.c.5. When repair or maintenance work is undertaken on a fuel-burning heating or cooking source or a venting system in an existing residential unit, the person making the repair or performing the maintenance shall inform the owner, lessor or the occupant or occupants of the unit being served by the fuel-burning heating or cooking source or venting system of the dangers of carbon monoxide poisoning and recommend the installation of a carbon monoxide detector.

2.3.2. Carbon monoxide detectors shall be permitted to be connected to an approved fire alarm system. Activation of the carbon monoxide detector shall signal a supervisory alarm on the fire alarm control panel.

2.4. Necessity of NICET Certification for Fire Protection and Fire Alarm Systems.

2.4.1. No fire protection and fire alarm system maintenance, repair or inspection work may be performed, offered, or engaged in for compensation or hire within the State of West Virginia by any company unless the company maintains at least 1 employee possessing a valid certificate of competency of level 2 issued by the National Institute of Certification in Engineering Technologies (NICET). All companies shall be registered with the State Fire Commission and shall provide annual information on NICET certificate holders employed by their company for the purpose of maintenance, repair or inspection activities and shall include, but not be limited to, other qualified personnel who meet one or more of the following: (1) Personnel who are factory trained and certified for the specific type and brand of system being serviced; (2) Personnel who are certified by a nationally recognized certification organization acceptable to the authority having jurisdiction; (3) Personnel who are registered, licensed, or certified by a state or local authority to perform service on systems addressed within scope of this Code, either individually or through their affiliation with an organization; (4) Personnel who are employed and qualified by an organization listed by a nationally recognized testing laboratory for the servicing of systems within the scope of this Code.

2.4.2. All fire protection extinguishment devices or systems not covered by subsection 2.4.1. shall adhere to the following: No fire protection equipment or system installation, maintenance, repair, or inspection work may be performed, offered, or engaged in for compensation or hire within the State of West Virginia by any company unless the company maintains at least 1 employee possessing a valid certificate of competency issued by the equipment or system manufacturer. All companies shall be registered with the State Fire Commission and shall provide annual information on certificate holders employed by their company for the purpose of installation, maintenance, repair, or inspection activities.

2.4.3. All fire protection systems plans and specifications shall be developed in accordance with applicable codes pertaining to the specific system for submittal and review and shall have at least 1 employee possessing a valid certificate of competency issued by the National Institute of Certification in Engineering Technologies (NICET) level 3 for design purposes. The system designer shall be identified on the system design documents. The system designer shall provide evidence of their qualifications and/or certification to the agency. 2.5 Inspection Tags

2.5.1. An inspection tag shall be attached to each fire protection system near the main control valve, main panel, or other such appropriate and visible location as determined by the authority having jurisdiction (“AHJ”). The inspection tag shall contain the following information:

2.5.2. The individual performing the work;

2.5.3. The date of the test;

2.5.4. Results of the inspection and test.

W. Va. Code R. § 87-1-3 Reporting of Fire Incidents

3.1. The fire chief of any organized public fire brigade, department or company shall report every fire and non-fire incident to the State Fire Marshal. Every fire and non-fire incident response shall be reported within 180 days after the date of the incident. Provided, that any fire or explosion involving human fatality, arson or suspected arson shall be reported immediately.

W. Va. Code R. § 87-1-4 Unvented Heaters

4.1. All unvented fuel fired heaters are prohibited for all occupancies except 1 and 2 family dwellings. Provided, that a single unvented fuel fired heater is permitted for demonstration purposes in authorized mercantile applications when installed in accordance with the manufacturer’s recommendations. The single heater shall be connected to a permanent source of fuel and shall not be used as a permanent or alternate source of heating. The unvented heater shall be shut off at the end of each business day.

W. Va. Code R. § 87-1-5 Maintenance of Fire Hazard; Order for Correcting Condition, Removal of Material, Repair, Demolition, etc.; Order to Contain Notice to Comply and Right to Appeal

5.1. Whenever the State Fire Marshal, by and through persons working under his or her direction, determines based upon the State Fire Code and/or on the experience and knowledge applied in the operation of his or her office (1) that any building or structure has been constructed, altered, or repaired in a manner violating the State Fire Code as promulgated prior to the commencement of the construction, alterations, or repairs, or (2) that any building or structure is being maintained or used in such a way as to endanger life or property from the hazards of fire or explosion, or (3) that any building or other structure or property of any kind, which, for want of repairs, or by reason of its age, dilapidated, or abandoned condition or for any other reason constitutes a fire hazards and is located or constructed so as to constitute a danger to other buildings, property, persons, life, or limb, or (4) that in any building or upon any premises there is located any combustible, flammable, or explosive substance or material or other condition dangerous to the safety of persons occupying the building or premises and adjacent premises and property, the State Fire Marshal shall order the condition or thing to be corrected, or combustible, flammable or explosive, items to be removed, or the building or buildings to be repaired, closed to occupants, or removed, as required by the circumstances. The order shall be promptly complied with by the owner, agent, occupant, and lessee of the premises, place, property, or thing. Any order may be expressed in the alternative, e.g., allowing repair but on the failure to repair requiring demolition. Any order by the State Fire Marshal which concludes that a fire hazard exists, shall state what repairs and/or demolition must be accomplished, and that compliance must be completed within thirty (30) days of issuance. In the event of noncompliance, the State Fire Marshal is authorized by statute to enter into and upon the premises affected by the order and cause the building, structure, premises, or thing to be repaired, or torn down, materials removed, and all dangerous conditions remedied (as the case may be) at the expense of the owner, and shall advise that the order can be contested by entering an appeal to the State Fire Commission as outlined in section 17 of this rule.

W. Va. Code R. § 87-1-6 Interference with Fire Protection Equipment

6.1. No person shall render any portable or fixed fire extinguishing system or device or any fire warning system inoperative or inaccessible except as may be necessary during emergencies, maintenance, drills, or prescribed testing.

6.1.1. Any person responsible for maintenance, prescribed testing, or for drill purposes, shall contact the local 911 center to make them aware of the said activities at the commencement and conclusion of the above activities.

W. Va. Code R. § 87-1-7 Exit Inspections and Public Life Safety Announcements

7.1. Inspection of Exits. Not more than 90 minutes prior to the scheduled commencement of any noncontinuous activity, event, performance, show, meeting, function, or other occasion for which people will gather in a place of assembly, the owner or his or her designee pursuant to written authority, instructions, or procedures shall inspect every required exit, way of approach to an exit, and way of departure from an exit. If the inspection reveals that any required means of egress is obstructed, inaccessible, locked, fastened, or otherwise unsuited for immediate use, the scheduled program shall not begin, nor shall admittance to the place of assembly be permitted, until necessary corrective action has been completed.

7.2. Announcements. Immediately prior to the start of a program for which 300 or more people will gather in a place of assembly, the owner or his or her authorized agent shall orally notify all attendees concerning the location of the exits to be used in case of fire or other emergency.

7.3. Records. An accurate record of all inspections, corrections, and notifications shall be kept and retained for at least 2 years in the offices of the respective building owners. The records shall contain:

7.3.1. A brief description of each activity, event, performance, etc., including its date, time, and location; and

7.3.2. The name and signature of the person who performed each requirement of this section; and

7.3.3. The date and time when each requirement was performed.

7.4. Alternatives. In case of practical difficulty or undue hardship, or in which compliance would not significantly increase life safety, the State Fire Marshal may approve or accept alternative means of accomplishing the objectives of this section.

W. Va. Code R. § 87-1-8 Forest Fire Season

8.1. The periods of each year between March 1st and May 31st, inclusive, and October 1st and December 31st , inclusive, are designated as forest fire seasons. No person shall during any fire season, except between the hours of 5:00 PM and 7:00 AM prevailing time, set fire to, or procure another to set fire to, any brush, leaves, grass, debris, or field containing dry grass or other inflammable material capable of spreading fire, located in or within 300 feet of any woodland, brushland, or field containing dry grass or other inflammable material. Any fire set during this time shall be extinguished prior to 7:00 AM prevailing time. The prohibition of fires between 7:00 AM and 5:00 PM prevailing time does not include (1) small fires set for the purpose of food preparation, or providing light or warmth around which all grass, brush, stubble, or other debris has been removed for a distance of 10 feet from the fire, and (2) burning which may be conducted at any time when the ground surrounding the burning site is covered by 1 inch or more of snow. Any person who sets or causes to be set any fire permitted by this section shall not leave the fire unattended for any period of time.

8.2. Any person or his or her agent or employee who sets or causes to be set any fire at any time in the use and occupation of any kind on which the burning was being done is in violation of this section if fire escapes beyond the safety strip. Any person who, by himself or herself, or by his or her employees, agents, or guides or as an employee, agent, or guide of any other person, at any time builds or uses any fire in any field, on any public or private road, or in any area adjacent to or on any forest land in this state, shall before leaving the fire for any period of time, totally extinguish the fire. A person shall not at any time throw or place any lighted match, cigar, cigarette, firecracker or lighted material on any forest land, private road, public highway, or railroad right-of-way within this state.

W. Va. Code R. § 87-1-9 Executive Order by the Governor on Open Burning

9.1. On those occasions when the Governor of the State issues an Executive Order or Proclamation to ban open burning due to weather conditions, the State Fire Marshal may assist in the enforcement of the provisions of the Proclamation or Executive Order.

W. Va. Code R. § 87-1-10 Outdoor Storage of Used Tires

The storage of used tires shall comply with the following:

10.1. All outdoor storage of used tires shall be free from all trash and debris within the site;

10.2. The owner and operators of outdoor storage of used tires shall maintain controlled access to the property with only one entrance/exit, and shall install security lighting for use during evening and night time hours as designated by the State Fire Marshal;

10.3. All outdoor storage of used tires shall have a perimeter security chain link fence of a minimum height of six feet;

10.4. All storage of used tires, shredded or unshredded, shall be separated into individual piles on the property. No pile may exceed 50 feet wide by 50 feet deep by 15 feet in height;

10.5. In the absence of an available water supply of at least 500 GPM (gallons per minute) provided by fire hydrants within 1000 feet of the facility, a minimum of 10,000 thousand gallon water supply on the site for exclusive use of fire fighting personnel shall be established;

10.6. Fire lanes having a minimum of 45 foot lanes capable of supporting fire apparatus shall be established and maintained between all tire piles;

10.7. A minimum of a 50 foot wide zone around the site perimeter inside the fence line shall be maintained;

10.8. All storage piles shall have a minimum of a 30 inch high earthen dike around each tire pile as the piles are established;

10.9. A maximum of 18 tire piles may be established on a single site; and

10.10. No site may exceed the storage of more than three hundred thousand tires without the approval of the State Fire Marshal.

W. Va. Code R. § 87-1-11 Stopping, Standing or Parking Prohibited in Specified Areas

11.1. No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic-control device, in any of the following places:

11.1.1. Within 15 feet of a fire hydrant; or

11.1.2. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly sign-posted.

W. Va. Code R. § 87-1-12 Crossing Fire Hose

12.1. No person shall drive a streetcar or vehicle over any unprotected hose of a fire department when it is laid down on any street, private driveway, or streetcar track, to be used at any fire or alarm of fire, without the consent of the fire department official in command.

W. Va. Code R. § 87-1-13 Emergency Vehicle Permits

13.1. Authorization for all fire department vehicles and firefighters to operate Class A vehicles shall be designated by their fire chief and the State Fire Marshal's Office. Vehicles authorized by W. Va. Code § 17C-15-26 shall have red flashing warning lights and an audible signaling device, such as a siren, whistle or bell capable of emitting sound audible from a distance of not less than 500 feet.

13.2. Upon receipt of written notification from the Fire Chief of the local fire department to the State Fire Marshal requesting that an Emergency Vehicle Permit be revoked, the State Fire Marshal shall cause the permit to be revoked.

W. Va. Code R. § 87-1-14 Fire Safety Separation Requirements for Mobile Home Sites

14.1. No portion of a manufactured home, excluding the tongue, shall be located closer than 3 m (10 ft) side to side, 2.4 m (8 ft) end to side, or 1.8 m (6 ft) end to end horizontally from any other manufactured home or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a 1-hour fire resistance rating or the structures are separated by a 1-hour fire-rated barrier.

14.2. Manufactured homes shall not be positioned vertically, stacked with one over the other, in whole or in part, unless the structure is designed and approved for such installation and permitted by the authority having jurisdiction.

W. Va. Code R. § 87-1-15 Propane Gas Training Program Certification

15.1. Any person who installs or maintains liquefied petroleum gas systems shall complete training standards and qualifications as established by the Propane Education and Research Council (PERC) Training Program. Exemption: Any person who installs, fuels, maintains, or services a fuel gas system on a single family dwelling owned or leased, and occupied by that person.

W. Va. Code R. § 87-1-16 Exemption for agricultural purposes

16.1. If a property owner or other responsible party claims exemption from the State Fire Code based on the agricultural purposes exemption identified in subsection 1.6. of this rule, it would be based upon W. Va. Code §15A-11-3, that “buildings or structures utilized primarily for agricultural purposes shall be exempt from the provisions of the State Building Code, the State Fire Code, and any county or municipal building code or ordinance that is or may be adopted”.

16.2. The term “agricultural purposes” means the raising, cultivation, drying, harvesting, marketing, production, or storage of agricultural products, including both crops and livestock, for sale or use in agriculture or agricultural production, or the storage of machinery or equipment used in support of agricultural production.

16.3. To obtain approval consideration for this exemption; a formal request will be made directly to the WV Department of Agriculture. If approved, the exemption shall be provided to this agency from the submitter or the Department of Agriculture.

W. Va. Code R. § 87-1-17 Orders and Decisions of the State Fire Marshal; and Appeals and Procedure for Appeals from such Orders or Decisions

17.1. 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 § 15A-10-1 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 W. Va. Code § 51-11-1 et seq. and this rule.

17.2. State Fire Marshal’s Order And Decisions Appealed. -- 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 § 15A-10-1 et seq. or made pursuant to this rule, and desiring to contest the order or written decision may file an appeal from the order or written decision with the Office of Administrative Hearings, as set forth in W.Va. Code §15A-9-1 et seq. Preservation of the right to an appeal and the procedure for the contested case is governed by this section 15A-10-1 et seq.

17.3. W. Va. Code § 15A-10-3(g) and (i) Inquiry and Investigation. -- The testimony which may be obtained by the State Fire Marshal pursuant to the authority in W. Va. Code § 15A-10-3(g) and (i) shall be obtained without compliance with the provisions in this rule governing "Procedure in Contested Cases." Where appropriate, a subsequent order by the State Fire Marshal relating to the testimony obtained is the same as any other order by the State Fire Marshal subject to the appeal rights provided in W. Va. Code § 15A-10-1 et seq.

17.4. Appeal Petition. -- When any person aggrieved by an order or final written decision of the State Fire Marshal desires to appeal such order or final written decision, the appeal petition shall be typewritten, styled "Appeal Petition", and the appellant shall submit an original and 1 copy to the Office of Administrative Hearings. The Appeal Petition 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 appeal petition shall contain and include the following:

17.4.1. a copy of the order or decision of the State Fire Marshal being contested;

17.4.2. a clear and concise assignment of each error which the petitioner alleges to have been committed by the State Fire Marshal in issuing the order or decision with each assignment of error being shown in separately numbered paragraphs;

17.4.3. a clear and concise statement of the facts upon which the petitioner relies as sustaining his or her assignment of errors;

17.4.4. the address to which the petitioner desires to have all notices, documents, and the final order of the Office of Administrative Hearings mailed;

17.4.5. the telephone number or numbers where the petitioner can be contacted;

17.4.6. 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;

17.4.7. a prayer setting forth the relief sought; and

17.4.8. the signature of the petitioner or its duly authorized officer.

17.5. Time Requirement and Manner of Filing Appeal Petition. -- The petitioner shall submit an appeal petition by personal delivery or mailed to the Office of Administrative Hearings within 30 days following service upon the petitioner, or within 30 days following actual receipt if service is not required or for some reason is not made of the order or decision being contested. Any appeal petition shall be sent by certified mail, return receipt requested, and is timely if postmarked within the 30 day period. Any appeal petition not delivered or mailed within the 30 day period is not timely filed and the order or decision of the State Fire Marshal being contested is final.

17.6. Copy of Appeal Petition to Office of Administrative Hearings. -- Upon receipt of an appeal petition, the Chief Hearing Examiner, or hearing examiner with the Office of Administrative Hearings, through office staff, shall supply a copy of the petition to the State Fire Marshal. If the State Fire Marshal elects to file a response to the appeal petition, he or she shall deliver a copy of the response to the Chief Hearing Examiner, or hearing examiner with the Office of Administrative Hearings and a copy to the petitioner.

17.7. Scheduling Appeal Petition for and Notice of Hearing. -- The Chief Hearing Examiner, or hearing examiner with the Office of Administrative Hearings, through office staff, shall schedule a hearing on the appeal petition giving the petitioner and the State Fire Marshal at least 10 days written notice of the date, time, and place of the hearing. The notice to the petitioner shall be by personal delivery or by certified mail, return receipt requested, shall contain a short and plain statement of the matters to be considered at the hearing, and a copy of the State Fire Marshal's response, if any, to the appeal petition, and shall be mailed or personally delivered by the State Fire Marshal no later than 30 days after receipt of the appeal petition. A copy of the notice to the petitioner shall be supplied to the State Fire Marshal. The hearing shall be conducted at a designated location in Charleston, West Virginia, or in the discretion of the Chief Hearing Examiner, or hearing examiner with the Office of Administrative Hearings at a location within the county where the premises in question are located.

17.8. Authorized Representative. -- The petitioner may appear individually, or by counsel.

17.9. Continuances -- A motion for continuance shall not be granted unless made in writing three days before the hearing or during the hearing, in either case for good and sufficient cause. Upon consideration of a motion for continuance, the urgency of the situation shall be determined and taken into consideration. Conflicting engagements of counsel or the employment of new counsel are not good grounds for a continuance unless a motion is filed promptly after the notice of hearing has been mailed or unless extenuating circumstances are shown, which the hearing examiner considers adequate.

17.10. Absence of Petitioner or Counsel at the Scheduled Hearing -- A hearing being conducted pursuant to this rule shall not be delayed or continued due to the absence of the petitioner or his or her legal counsel at a hearing, after service of notice of the time, date, and place of the hearing. The hearing shall proceed and the case shall be submitted for decision on the part of the absent petitioner or petitioners.

17.11. Subpoenas and Subpoenas Duces Tecum.

17.11.1. At any hearing held under this section, the testimony of witnesses and the production of documentary evidence may be required through the use of subpoenas and subpoenas duces tecum. The State Fire Marshal may issue subpoenas and subpoenas duces tecum at the request of the petitioner, or the hearing examiner.

17.11.2. Every subpoena or subpoena duces tecum is required to prove service at least 5 days before the return date of that subpoena, either by personal service made by any person 18 years of age, or older, or by registered or certified mail. A return acknowledgment signed by the person to whom the subpoena or subpoena duces tecum is directed is required to prove service by registered or certified mail.

17.11.3. Any party requesting a subpoena or subpoena duces tecum shall see that it is properly served.

17.11.4. Any public official who serves any subpoena or subpoena duces tecum is entitled to the same fee as a Sheriff who serves a witness subpoena for a circuit court of this state; and fees for the attendance and travel of witnesses are the same as for witnesses before the circuit courts of this state. All fees shall be paid by the State Fire Marshal if the subpoena or subpoena duces tecum is issued at the instance of the hearing examiner. All fees related to any subpoena or subpoena duces tecum issued at the instance of the petitioner or the State Fire Marshal shall be paid by the party requesting the subpoena or subpoena duces tecum.

17.11.5. A request for a subpoena or subpoena duces tecum shall be in writing and shall contain a statement acknowledging that the requesting party agrees to pay the required fee.

17.11.6. Any person receiving a subpoena or subpoena duces tecum issued under this section shall honor the subpoena or subpoena duces tecum as though it were issued by a circuit court of the state, and shall appear as a witness and/or produce the books, records, or papers in response to the subpoena or subpoena duces tecum. In case of disobedience or neglect of any subpoena or subpoena duces tecum served on any person or the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, the circuit court of the county in which the hearing is being held, upon application by the hearing examiner, shall compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena or subpoena duces tecum issued from the circuit court or a refusal to testify in the circuit court.

17.12. Evidence.

17.12.1. All witnesses appearing at the hearing shall testify under oath or affirmation. Every adverse party has the right of cross-examination of witnesses who testify, and has the right to submit rebuttal evidence.

17.12.2. All relevant and material evidence, including papers, records, agency staff memoranda and documents in the possession of the State Fire Commission or the State Fire Marshal of which either party desires to avail himself or herself, may be offered and made a part of the record in the case.

17.12.3. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded by the hearing examiner. Except as otherwise in this section, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed in considering the admissibility of evidence. However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, reasonably authenticated evidence not admissible under those Rules may be admitted, except where precluded by the W. Va. Code or privilege, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

17.13. Record of Proceedings. -- All of the testimony, evidence, and rulings on admissibility of evidence at any hearing shall be recorded by a certified court reporter, or electronic means. A transcript shall only be prepared if the Commission's final decision is appealed. The cost of the transcript shall be paid by the party requesting it.

17.14. Informal Disposition. -- At any stage of the proceedings, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

17.15. Decision by the hearing examiner. -- Upon the conclusion of the hearing, the hearing examiner shall prepare a decision supported by findings of fact and conclusions of law affirming, modifying, or vacating the earlier order or decision of the State Fire Marshal. The decision signed by the hearing examiner shall be final unless vacated or modified upon judicial review thereof. A copy of the order shall be served on all parties to the hearing and all attorneys of record, if any, in person or by certified mail, return receipt requested.

17.16. Judicial Review. -- The petitioner or the State Fire Marshal may appeal the hearing examiner’s decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all “[f]inal judgments, orders, or decisions of an agency or administrative law judge entered after June 30, 2022” per West Virginia Code §51-11-4(b)(4).

Series 03 Hazardous Substance Emergency Response Training Programs

W. Va. Code R. § 87-3-1 General. 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

W. Va. Code R. § 87-3-2 Procedures for Certification of Training Programs. 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

W. Va. Code R. § 87-3-3 Record of Participation

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.

W. Va. Code R. § 87-3-4 Criteria for Qualified Training Program in Hazardous Substance Emergency Response Activities. 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. 4.4 Fire Department hazardous material response program.

4.4.a. Active and specialized support members of a volunteer fire department, combination fire department or county fire prevention unit(s) that respond but do not operate at hazardous material incidents must have completed and achieved certification for training at or above the level of Hazardous Material Awareness, and have passed any and all testing required for this certification. Active and specialized support members that operate at hazardous materials incidents must have completed and achieved, at the minimum, certification for training at the Hazardous Materials Operations Level, as set forth by NFPA 1001, Standard for Fire Fighter Professional Qualifications or equivalent, and have passed any and all testing required for this certification. 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.

Additional training should be at the discretion of the fire chief based on possible involvement with hazardous materials incidents unless otherwise directed by federal or state statutes, rules and/or regulations.

These training certification records shall be retained by the fire department and/or their governing Authority Having Jurisdiction. A copy shall also be provided to the State Fire Marshal for record retention purposes.

4.4.b. Paid fire department members and officers shall be trained per NFPA 472. All fire department personnel shall be certified at the Awareness level. Paid fire department personnel that operate at hazardous material incidents must minimally meet the requirements of the U.S. Environmental Protection Agency and U.S. Occupational Safety and Health Administration requirements for response at the Operations and/or Technician level. Additionally, all paid firefighters, fire officers and chief officers covered under this policy shall meet or exceed the NIMS training as provided in the current version of NIMS guidelines for West Virginia established by the West Virginia Division of Emergency Management.

Additional training should be at the discretion of the fire chief based on possible involvement with hazardous materials incidents unless otherwise directed by federal or state statutes, rules and/or regulations.

These training certification records shall be retained by the fire department and/or their governing Authority Having Jurisdiction. A copy shall also be provided to the State Fire Marshal for record retention purposes.

4.4.c. The instructional program curriculum shall provide knowledge of the following sequence of events common to most hazardous substance incidents:

4.4.c.1. Approach to the site: The course must provide instruction on the recognition of identifiable clues of hazardous substances that indicates a potential danger which requires first emergency response personnel to approach the incident cautiously.

4.4.c.2. Identification of hazards: The course must provide instruction in recognizing the methodology for identifying hazardous substances and use of available resources for identification.

4.4.c.3. Security of the site: The course must provide instruction in procedures for isolating the site to assure the safety of persons, property, and the environment.

4.4.c.4. Obtaining help: The course must include instruction on training procedures for requesting assistance from responsible agencies, CHEMTREC, etc.

4.4.c.5. Entry to the site: The course must include instruction on the principal facts relating to the use of personal protective equipment and rescue of persons, without compounding the problem. 4.5 Industrial Responder hazardous material response programs. --

4.5.a. The industrial responder training program shall provide training/instruction at a minimum. in accordance with 29 CFR 1910.120(q)(6) and have a knowledge of:

4.5.a.1. The chemical properties or reference sources to obtain the chemical properties of the substance such as: 4.5.a.1.A Flammability.

4.5.a.1.B. Health risks (to emergency response personnel).

4.5.a.1.C. Reactivity.

4.5.a.1.D. Environmental concerns.

4.5.a.1.E. Fire extinguishment methods.

4.5.a.1.F. Synonyms, trade names, etc.

4.5.a.2. Shipping containers:

4.5.a.2.A. Design criteria.

4.5.a.2.B. Recommended materials of container construction.

4.5.a.2.C. Valve locations & operation.

4.5.a.2.D. Container markings (identification).

4.5.a.3. Appropriate personal protective equipment such as:

4.5.a.3.A. Self-contained breathing apparatus, respirators, etc.

4.5.a.3.B. Chemical suits (if necessary).

4.5.a.3.C. Others as required.

4.5.a.4. Use of monitoring equipment:

4.5.a.4.A. Toxic gas or vapor detection devices.

4.5.a.4.B. Combustible gas measuring devices.

4.5.a.4.C. Other appropriate test equipment.

4.5.a.5. Hazard mitigation techniques such as:

4.5.a.5.A. Diking/containment.

4.5.a.5.B. Container patching/repair.

4.5.a.5.C. Sorbent materials.

4.5.a.5.D. Neutralizing agents.

4.5.a.5.E. Use of water fog patterns.

4.5.a.5.F. Fire-fighting foam and special additives.

4.5.a.5.G. Trans-loading.

4.5.a.6. Decontamination of:

4.5.a.6.A. Personnel.

4.5.a.6.B. Equipment.

4.5.a.6.C. Environment.

4.5.a.7. Incident Management

4.5.a.7.A. All active industrial-type incident officers/leaders shall be trained to become compliant with the National Incident Management System (NIMS) training guidelines for West Virginia as established by the West Virginia Division of Emergency Management pertaining to:

4.5.a.7.A.1. Incident Command

4.5.a.7.A.2. Unified Command

4.5.a.7.A.3. Incident Assessment

Series 04 State Building Code

W. Va. Code R. § 87-4-1 General

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.

W. Va. Code R. § 87-4-2 Definitions

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.

W. Va. Code R. § 87-4-3 Conflicts

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.

W. Va. Code R. § 87-4-4 National Standards and Codes

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

113.3. Qualifications. The board of appeals shall consist of five members, with up to three alternates, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. They may include, but are not limited to, a WV Registered Professional Architect or Engineer, or a WV Licensed General Building, Residential, Electrical, Piping, Plumbing, Mechanical or Fire Protection Contractor, with at least 10 years experience, five of which shall be in responsible charge of work. No less than one of the members of such Board of Appeals shall be a WV Registered Professional Architect or Engineer, or a WV Licensed General Building, Residential, Electrical, Piping, Plumbing, Mechanical or Fire Protection Contractor.”

4.1.b. The 2018 edition of the International Plumbing Code.

4.1.c. The 2018 edition of the International Mechanical Code. The following shall be in addition to the current language found in the said edition of the reference code and section:

4.1.c.1. See International Mechanical Code, Section 908, Cooling Towers, Evaporative Condensers and Fluid Coolers.

4.1.c.1.A. 908.1 General- A cooling tower used in conjunction with an air-conditioning appliance shall be installed in accordance with the manufacturer’s instructions. Factory-built cooling towers shall be listed in accordance with UL 1995 or UL/CSA 60335-2-40.

4.1.c.1.B. Section 916 Pool and Spa Heaters

4.1.c.1.B.1. 916.1 General- Pool and spa heaters shall be installed in accordance with the manufacturer's instructions. Oil-fired pool and spa heaters shall be tested in accordance with UL 1261. Pool and spa heat pump water heaters shall comply with UL 1995, UL/CSA 60335-2-40 or CSA C22.2 No. 236. 4.1.c.1.B.1.(a). Exception: Portable residential spas and portable residential exercise spas shall comply with UL 1563 or CSA C22.2 No. 218.1.

4.1.c.1.C. Section 918 Forced-Air Warm-Air Furnaces

4.1.c.1.C.1. 918.1 Forced-Air furnaces- Oil-fired furnaces shall be tested in accordance with UL 727. Electric furnaces shall be tested in accordance with UL 1995 or UL/CSA 60335-2-40. Solid fuel furnaces shall be tested in accordance with UL 391. Forced-air furnaces shall be installed in accordance with the listings and the manufacturer’s instructions.

4.1.c.1.C.2. 1918.2 Heat Pumps- Electric heat pumps shall be tested in accordance with UL 1995 or UL/CSA 60335-2-40.

4.1.c.1.D. Section 1101 General

4.1.c.1.D.1. 1101.2 Factory-Built Equipment and Appliances- Listed and labeled self-contained, factory-built equipment and appliances shall be tested in accordance with UL 207, 412, 471, 1995, UL/CSA 60335-2-40, or UL/CSA 60335-2-89. Such equipment and appliances are deemed to meet the design, manufacture and factory test requirements of this code if installed in accordance with their listing and the manufacturer’s instructions.

4.1.c.1.D.2. 1101.6 General. Refrigeration systems shall comply with the requirements of this code and, except as modified by this code, ASHRAE 15. Ammonia-refrigerating systems shall comply with this code and, except as modified by this code, ASHRAE 15, IIAR 2. High probability systems utilizing A2L refrigerants shall comply with ASHRAE 15.

4.1.c.1.E. Chapter 15 REFERENCED STANDARDS

4.1.c.1.E.1. 1501.3 Referenced Standards – See Table 1 ASHRAE ASHRAE 1791 Tullie Circle, NE Atlanta, GA 30329 Standard reference number 15-2019 Safety Standard for Refrigeration Systems 34-2019 Designation and Safety Classification of Refrigerants CSA CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131-5516 Standard reference number CSA C22.2 No. 60335-2-40—19 Household And Similar Electrical Appliances - Safety - Part 2-40: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers – 3rd Edition CSA C22.2 No. 60335-2-89—21 Household And Similar Electrical Appliances - Safety - Part 2-89: Particular Requirements for Commercial Refrigerating Appliances with an Incorporated or Remote Refrigerant Unit or Compressor Table 1 UL UL LLC 333 Pfingsten Road Northbrook, IL 60062-2096 Standard reference number UL/CSA 60335-2-40—19 Household And Similar Electrical Appliances - Safety - Part 2-40: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers – 3rd Edition UL/CSA 60335-2-89—21 Household And Similar Electrical Appliances - Safety - Part 2-89: Particular Requirements for Commercial Refrigerating Appliances with an Incorporated or Remote Refrigerant Unit or Compressor Table 1

4.1.d. The 2018 edition of the International Fuel Gas Code, with the following exception:

4.1.d.1. Section 404.10 Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade. If the minimum depth cannot be maintained, the piping system shall be installed in conduit or shielded in an approved manner.

4.1.e. The 2018 edition of the International Property Maintenance Code. This code may be rejected at the option of the local jurisdiction.

4.1.e.1. This code may be adopted by the local jurisdiction without requiring adoption of the other national codes and standards listed in this rule.

4.1.f. The 2015 edition of the International Energy Conservation Code for residential buildings, with the following exception:

4.1.f.1. Section, R402.4.1.2. Testing. The building or dwelling unit shall in lieu thereof have an air leakage rate not exceeding five air changes per hour in Climate Zones 3 through 8.

4.1.g. The ANSI/ASHRAE/IESNA Standard 90.1 2013 edition for commercial buildings.

4.1.g.1. Using building energy benchmarking in all commercial structures means measuring a building’s energy use and then comparing it to the energy use of similar buildings, its own historical energy usage, or a reference performance level, and is an allowable option for improved energy efficiency and performance.

4.1.h. The 2018 edition of the International Residential Code for One- and Two-Family Dwellings, with the following exceptions:

4.1.h.1. Chapter 11 of the 2018 edition of the International Residential Code for One- and Two-Family Dwellings, Seventh Printing, entitled “Energy Efficiency”, is exempt from this rule.

4.1.h.2. Section G2415.12 (404.10) Minimum Burial Depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade. If the minimum depth cannot be maintained, the piping system shall be installed in conduit or shielded in an approved manner.

4.1.h.3. Section M1402 Central Furnaces.

4.1.h.3.A. M1402.1 General- Oil-fired central furnaces shall conform to ANSI/UL 727. Electric furnaces shall conform to UL 1995 or UL/CSA 60335-2-40.

4.1.h.3.B. Section M1403 Heat Pump Equipment

4.1.h.3.B.1. M1403.1 Heat pumps- Electric heat pumps shall be listed and labeled in accordance with UL 1995 or UL/CSA 60335-2-40.

4.1.h.3.C. Section M1412 Absorption Cooling Equipment

4.1.h.3.C.1. M1412.1 Approval of equipment- Absorption systems shall be installed in accordance with the manufacturer’s instructions. Absorption equipment shall comply with UL 1995 or UL/CSA 60335-2-40.

4.1.h.3.D. Section M1413 Evaporative Cooling Equipment

4.1.h.3.D.1. M1413.1 General- Evaporative cooling equipment and appliances shall comply with UL 1995 or UL/CSA 60335-2-40 and shall be installed in accordance with 4401.3 Referenced standard list:

4.1.h.3. E. Chapter 44 Referenced standards

4.1.h.3.E.1. 4401.3 Referenced standard list – See table 2 ASHRAE ASHRAE 1791 Tullie Circle NE Atlanta, GA 30329 Standard referenced Table 2 34-2019: Designation and Safety Classification of Refrigerants CSA CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131-5516 Standard referenced CAN/CSA/C22.2 No. 60335-2-40-2019 Safety of Household and Similar Electric Appliances, Part 2-40: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers-3rd edition UL UL LLC 333 Pfingsten Road Northbrook, IL 60062 Standard referenced 1995-2015: Heating and Cooling Equipment UL/CSA/ 60335-2-40-2019:

Safety of Household and Similar Electrical Appliances, Part 2-40: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers-3rd Edition Table 2

4.1.i. Section R311.7.5 Stair Treads and Risers

4.1.i.1. 311.7.5.1 Riser Heights -- The maximum riser height shall be eight and one-quarter (8 ¼) inches.

4.1.i.2. 311.7.5.2 Tread Depth -- The minimum tread depth shall be nine (9) inches.

4.1.j. Section R403.1.7.1: Building Clearances from Ascending Slopes is not applicable to this rule.

4.1.k. Section R403.1.7.2: Footings Setbacks from Descending Slope Surfaces is not applicable to this rule.

4.1.l. The 2017 ICC/ANSI A117.1 American National Standards for Accessibility & Usable Buildings & Facilities.

4.1.l.1. The 2018 International Existing Building Code, with the following exception:

4.1.l.2. Omit reference to International Fire Code and substitute NFPA Life Safety Code 2018 edition.

4.1.m. The 2020 edition of the National Electrical Code, NFPA 70, with the following exception: 4.l.m.1. Section 210.8(F) GFCI Protection shall not be required on all new mini-split heating/ventilation/air-conditioning (HVAC) equipment and other HVAC units employing power conversion equipment as a means to control compressor speed systems including but not limited to mini-split and A/C units until January 1, 2023.

4.1.m.2. For renovations in one- and two-family homes where no new square footage is involved, arc-fault circuit interrupter (AFCI) protection shall not be required, except for in bedrooms. For renovation in one- and two-family homes where square footage is added but no electrical service is installed, arc-fault circuit interrupter (AFCI) protection shall not be required.

4.1.n. The 2018 edition of the International Swimming Pool and Spa Code.

4.2. Wherever referenced in the several ICC codes adopted in this section, any reference to the International Fire Code should be substituted with the NFPA Life Safety Code 2021 edition.

4.3. Whenever a certificate of occupancy is required of a commercial structure greater in size than 7,600 feet, the project documents shall be designed by an Architect licensed by the WV Board of Architects, or a Professional Engineer licensed by the WV State Board of Registration for Professional Engineers.

W. Va. Code R. § 87-4-5 Fire Protection of Floors in Residential Buildings

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.

5.2. Townhouses meeting the Fire-Resistant Construction Standard R302.2 will be treated as New One- and Two-Family Dwellings and shall comply with Section 5.1 above.

W. Va. Code R. § 87-4-6 Exceptions

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.

W. Va. Code R. § 87-4-7 Adoption by Local Jurisdiction

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.

W. Va. Code R. § 87-4-8 Existing Building Codes

8.1. All building codes previously adopted by local jurisdictions are null and void.

W. Va. Code R. § 87-4-9 Exemption for agricultural purposes

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.

Series 06 Certification and Evaluation of Local Fire Departments

W. Va. Code R. § 87-6-1 General

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.

W. Va. Code R. § 87-6-2 Definitions

As used in this Rule, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

2.1. “Certification” refers to the State Fire Commission’s formal acceptance and approval of a new, local fire department to carry out fire fighting, fire suppression and rescue operations in this State, pursuant to the procedures for application, review and approval that are set forth in this rule. Certification of new fire departments also constitutes the initial, formal recognition of that department.

2.2. "Commission" means the West Virginia State Fire Commission. 2.3 “Dual Response Area” refers to an area, defined by a mutual aid agreement or designated by the Commission, in which more than one local fire department may respond or may be called upon for initial response to a fire, threat of fire, or public emergency. The term “dual response area” is not mutually incompatible with the designation of a “first due area” and a dual response area may overlap, or comprise all or a portion of, a designated first due area.

2.4. “Fire Department” and "Local Fire Department" means an organization, constituted as either an administrative department of a local government authority or an independently-chartered corporation, that is established for the principal purpose of fighting and preventing fires. For the purposes of this Rule, the term “fire department” shall also include those entities, so organized, using the name “fire company” or referred to as a fire company within the West Virginia Code.

2.5. “Fire Protection District” means a geographical area established by the Commission, within fire protection boundaries approved by the Commission, for the administration of fire protection and emergency response programs.

2.6. "First Due Area" means a fire protection district for which the Commission has assigned primary responsibility to a local fire department to provide fire protection and rescue services.

2.7. “ISO” refers to a national organization, ISO Properties, Inc., also known as the Insurance Services Office, that provides research, products, programs, and information on matters of insurance and risk management.

2.8. “Mutual Aid Agreement” is an agreement between a local fire department and another fire department, or governmental authority having jurisdiction over such other fire department, for the common protection of people and property from fire, for the reciprocal provision of emergency and rescue services and for the reciprocal use of equipment and personnel for these purposes.

2.9. “Recognition” refers to the State Fire Commission’s formal acceptance and acknowledgment of the current qualifications of a local fire department to carry out fire fighting, fire suppression and rescue operations in this State.

2.10. “State Fire Marshal” refers to the West Virginia State Fire Marshal and representatives duly authorized by the State Fire Marshal to act on his or her behalf.

W. Va. Code R. § 87-6-3 Requirement and Authority of Recognition

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.

3.3. No entity may exercise, or claim benefit of, the powers, privileges and responsibilities listed in this section without recognition by the State Fire Commission pursuant to this rule.

3.4. In no event shall recognition of a local fire department be deemed to be a grant or delegation of any of the powers of the West Virginia State Fire Commission or the State Fire Marshal unless those powers are specifically imposed by state law or expressly delegated by the Commission or the State Fire Marshal.

W. Va. Code R. § 87-6-4 Duration of Recognition

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

W. Va. Code R. § 87-6-5 Evaluation Criteria

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.

5.2. In any review of an existing local department or departments, or consideration of the establishment of a new department, under this rule, the fundamental issue for the State Fire Commission is the ability of the local fire department or departments to provide effective and responsible protection for persons and property from fire and other hazards. The State Fire Commission may not arbitrarily change a local fire department’s fire protection district boundaries or other responsibilities.

W. Va. Code R. § 87-6-6 Review and evaluation of existing departments

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.

W. Va. Code R. § 87-6-7 Certification of new departments

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.

7.5. The Commission is not bound by the recommendation of the State Fire Marshal at any phase of the application process and the Commission may independently review all materials submitted with the application. The Commission may, in its discretion, make additional inquiry into the facts and circumstances of any proposal for a new department and may request that additional information be provided to the Commission in consideration of an application.

W. Va. Code R. § 87-6-8 Incidental review and guidance by the State Fire Marshal

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.

W. Va. Code R. § 87-6-9 Complaints and investigations

9.1. The procedures established in this rule for the investigation and disposition of complaints apply only to complaints falling within the State Fire Commission’s authority and administrative function to certify and formally recognize local fire departments. These procedures do not apply to investigations by the State Fire Marshal of alleged crimes or suspected criminal activity, conducted under the authority of W. Va. Code § 15A-10-3.

9.2. In proceedings involving the investigation and review of complaints against a local fire department or its members, the Commission shall act as the adjudicatory body determining whether evidence supports the complaint. The State Fire Marshal shall act as the investigating officer and the party presenting the facts regarding the complaint before the Commission.

9.3. Any person may make a complaint regarding a local fire department, including the State Fire Marshal, or a member of the Commission or the Commission’s staff. Complaints must be made in writing and the Commission may provide a form for the purpose of submitting a complaint, but a complaint may be filed in any form as long as it is made in writing, signed by the complainant, and submitted to the Commission at its business office.

9.4. Upon receipt of a written complaint, the Commission will log and assign a number to the complaint. The complaint will then be delivered to the State Fire Marshal for investigation. The Fire Marshal shall have 7 days to review the complaint to determine if it describes any violation of the requirements or responsibilities of a local fire department.

9.4.1. If the State Fire Marshal determines that there is no violation described, he or she shall notify the complainant of this determination and that he or she will recommend that the Commission dismiss the complaint at its next meeting. The State Fire Marshal will have no duty to investigate further unless the complainant amends or updates the allegations. In providing notice to the complainant pursuant to this subsection, the State Fire Marshal shall advise the complainant of the date and time of the next meeting of the State Fire Commission in which the Commission will take up the complaint.

9.4.2. If the State Fire Marshal determines that the complaint appears to describe conduct regulated by the standards for local fire departments or describes a violation of law for which the Commission has the authority to sanction a local fire department, then the Fire Marshal shall either begin an investigation of the allegations stated in the complaint or, when the complaint involves a fire department administered by a municipality as an administrative unit of the municipal corporation, refer the complaint to the governing body having supervisory or administrative authority over the fire department identified in the complaint.

9.5. No provision of this rule shall restrict the State Fire Marshal from investigating additional violations if, in the course of his investigation of the original complaint, the State Fire Marshal becomes aware of evidence that indicates that other violations of law may have occurred.

9.6. In addition to the foregoing provisions, the Commission may, upon its own motion, initiate a complaint and cause the State Fire Marshal to conduct an investigation of a local fire department.

9.7. If the State Fire Marshal determines, pursuant to subsection 9.4. of this rule, that an investigation is necessary, the State Fire Marshal shall forthwith send written notice to the local fire department identified in the complaint that an investigation will be initiated and shall include a statement of the substance of the allegations in the complaint. For purposes of this section, a notice to the local fire department shall be directed to the chief of the local department and to the secretary or other officer authorized to respond to official correspondence and it shall be served by any method of mail or package delivery that provides dated proof of delivery. The State Fire Marshal shall also inform the local governmental authority having jurisdiction over the fire department or its fire service district of the complaint and the nature of the violations alleged. The local fire department shall have 30 days to prepare a response or answer to the complaint, but the State Fire Marshal may proceed with investigation of the complaint during such interval.

9.8. The State Fire Marshal shall make such investigation as is reasonably necessary to ascertain whether the local fire department has violated any of the requirements or responsibilities of a local fire department. At the conclusion of the investigation, the State Fire Marshal shall make a report to the Commission as to whether there is probable cause to believe that any violation has occurred and, in the event that any violation is believed to have occurred, the report shall briefly identify the nature of the violation or violations. The findings of the State Fire Marshal shall be logged with the original complaint and served upon the local fire department at least 30 days in advance of any meeting of the Commission in which the report of the State Fire Marshal may be considered.

9.9. The local fire department may respond in writing to the report of the State Fire Marshal and this response, together with the department’s original response to the complaint, shall be delivered to the Commission along with the report of the State Fire Marshal. When the report and responses are to be considered at a meeting of the Commission, the local fire department may appear and make an oral presentation to the Commission.

9.10. If the Commission finds that there is probable cause to believe that a violation has occurred, the Commission shall enter an order to that effect and serve a copy of the order upon the local fire department and the local government agency having jurisdiction over the fire department. A probable cause order serves only as a formal charge and, in the absence of any other order, it shall have no effect other that to trigger the local fire department’s right to a hearing as provided in subsection 10.1. of this rule.

W. Va. Code R. § 87-6-10 Grounds for Denial, Restriction, Suspension or Revocation of Recognition or Certification

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.

10.2. The following acts, failures or circumstances are deemed to be performance failures of a local fire department that may warrant official action by the Commission:

10.2.1. Failure to maintain minimum levels of performance in training, equipment maintenance or fire protection procedures, as established by statute, by legislative rule, or by written policy promulgated pursuant to W. Va. Code §15A-11-8(h);

10.2.2. A pattern of failure to provide fire protection service to the department’s assigned fire protection district or to other areas served through mutual aid agreements;

10.2.3. A pattern of failure to respond to reasonable requests and lawful directives of the State Fire Marshal or State Fire Commission;

10.2.4. Any act of deceit, falsification or misrepresentation in the creation, maintenance, or submission of records that the local fire department is required to prepare or file under any provision of state law;

10.2.5. Chronic or gross failure to adhere to the West Virginia State Fire Code;

10.2.6. Chronic or gross abuse of the powers and privileges provided under subsection 3.2 of this rule;

10.2.7. A practice or pattern of performance that demonstrates a substantial threat to the safety of people and property within the community served, which threat may also include a substantial risk of harm to the safety to the firefighting personnel themselves;

10.2.8. Lack of an ISO Public Protection Classification, failure to obtain such classification or, except in the case of an application for a new department, a Public Protection Classification indicating that there is no fire protection or that there is an unacceptable level of protection within the department’s assigned fire protection district;

10.2.9. Any circumstance resulting in the absence, loss, removal, or substantial alteration of a first due area or other approved run area;

10.2.10. Any act of a local governmental authority with jurisdiction over the geographical area served by the local fire department, in lawful exercise of plenary powers assigned to that authority, that effectively removes or substantially diminishes department’s power to serve within department’s assigned fire protection district, or any such act that effectively removes or substantially diminishes the physical facilities available to the local fire department;

10.2.11. An adjudication that the local fire department is in default of payment of any fees, taxes, invoices or premiums due to the State of West Virginia, such as sales and use taxes, unemployment compensation or workers compensation payments, where the Commission is required by state or federal law to deny the local department’s certification, recognition or legal authority to operate, and where the adjudication is rendered by a court of competent jurisdiction or by an administrative agency with specific statutory authority to determine such failure or default; and

10.2.12. Any violation of law that demonstrates a gross or flagrant disregard for the rule of law directly bearing on the safety of the community or communities to be served by the local fire department and that cannot be corrected by other authorities acting through other means such as removal of the responsible individuals or criminal prosecution of the offending individuals.

10.3. Disciplinary powers of the State Fire Commission

10.3.1. The Commission may deny certification or recognition and may restrict, suspend, or revoke the recognition of a local fire department upon a showing that the department or proposed department has violated the standards for recognition as set out in this rule. No restriction, suspension or revocation of recognition may occur without a prior hearing conducted by the Commission, except that the Commission may temporarily suspend recognition pending a subsequent hearing if the Commission determines that continued operation of a local fire department constitutes an immediate danger to the public.

10.3.2. Remedial alternatives - Upon notice to the Commission of violation of the standards for recognition and safe operation of a local fire department, the Commission may, at any point, in lieu of other disciplinary action, utilize any of the following methods to resolve or remedy the circumstances resulting in such violation:

10.3.2.a. The Commission may authorize the State Fire Marshal to issue a warning letter to the local fire department identifying the nature of the violation or violations and advising the local fire department that additional violations could result in the modification or loss of its recognition.

10.3.2.b. The Commission may establish a plan and period of improvement during which the local department may attempt to correct or alleviate the circumstances giving rise to a violation and the Commission may extend such period if additional time is required to address all circumstances. If at the conclusion of such period or extended period, the local fire department has reasonably satisfied the requirements or objectives of the improvement plan, the Commission shall dismiss the complaint. If, however, the local fire department has failed to satisfy the objectives, the matter shall be set down for hearing upon the violations alleged against the local fire department.

10.3.2.c. The Commission may enter into a stipulation, agreed settlement or consent order with the local fire department to resolve and conclude the disciplinary action under such terms as the Commission deems reasonable and just. The Commission may authorize the State Fire Marshal or other representative of the Commission to negotiate the terms of such agreement and present the resulting agreement to the Commission for its approval.

10.4. The use of any of these remedial alternatives rests in the sole discretion of the Commission. The Commission may elect to proceed directly to a disciplinary hearing if it appears unlikely or impossible to remedy the situation that has given rise to the violations or if it appears that there is an imminent risk of harm to the public by the continued operation of the local fire department.

10.5. No local fire department shall have a guaranteed or presumed right to certification or recognition, or to reissuance of a recognition, if that department’s recognition was previously revoked or withdrawn by the Commission.

W. Va. Code R. § 87-6-11 Commission Actions

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.

W. Va. Code R. § 87-6-12 Procedures for Withdrawal, Suspension or Revocation of Certification or Recognition

12.1. Notice - If the Commission determines that there is probable cause to believe a violation of standards has occurred and that a hearing is necessary to resolve the issues alleged, the Chairman of the Commission shall schedule a hearing upon the matters alleged against the local fire department. The State Fire Marshal shall prepare a short, plain statement of the matters to be considered at the hearing and shall prepare a written notice advising the local fire department of the date, time, and location of the hearing. The notice and statement of the State Fire Marshal shall be served upon the local fire department by personal delivery upon an officer of the department or by registered or certified mail addressed to the mailing address of the department as shown on the department’s application for certification. A copy of the statement of charges shall also be provided to the local government entity having jurisdiction over the area served by the local fire department.

12.2. Parties - The State Fire Marshal or his authorized representative shall have the responsibility of presenting the case in support of the complaint, or the case on behalf of the Commission if the Commission has initiated the investigation. The local fire department shall be named as the respondent in the proceedings and may appear by the authorized representative of the department, or by counsel, or both. These parties shall be the primary participants in the case, but the Commission may, at its discretion, allow the participation of any other party as an intervenor in the proceeding, upon written motion by such party and upon a showing that such party has a substantial interest in the proceeding that is not likely to be represented by the other parties in the case.

12.3. Hearing - The Commission has the discretion to determine the time, location and duration of any hearing brought pursuant to the provisions of this rule. Hearings shall be open to the public and may be conducted before the full Commission or the Chairman may, at his discretion, designate a member to serve as a hearing examiner to conduct a hearing on behalf of the Commission. Alternatively, the State Fire Commission may authorize and empower an impartial attorney to serve as a hearing examiner. When a hearing examiner is so designated or authorized, that person shall have full authority to conduct the proceedings and may exercise all powers listed in West Virginia Code §29A-5-1(d). At any point in the proceedings, the Commission may choose to invoke one of the remedial alternatives described in subdivision 10.3.b. of this Rule to resolve and dispose of the matter.

12.4. The State Fire Marshal shall have the burden of proving the matters alleged against the local fire department by a preponderance of evidence.

12.5. Decision and Order - The decision of the Commission shall be reduced to a written order and shall become final upon service of the order upon the local fire department by registered or certified mail. Any decision of the Commission, disposing of a complaint against a local fire department in any manner, shall also be served by certified mail upon the complainant and upon the local government entity having jurisdiction over that fire department.

W. Va. Code R. § 87-6-13 Appeals

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.

87CSR6

87CSR6

Series 08 Volunteer Firefighters' Training, Equipment, and Operating Standards

W. Va. Code R. § 87-8-1 General

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.

W. Va. Code R. § 87-8-2 Definitions

2.1. “Active members” means an individual that performs the function of fire prevention and suppression, or vehicle and machinery extrications when responding to emergency situations. Depending on the level(s) of training the active member has completed, active members may also perform the tasks and duties of hazardous materials response and mitigation, technical rescue, emergency medical services and any other duties that a specialized support member may provide if so trained.

2.2. “Ancillary support member” means any person solely performing support, administrative, or day to day functions for the department. Under no circumstance shall an ancillary member perform any function which requires training for an active member or a specialized support member.

2.3. “Approved Curriculum” means curriculum for training approved by the West Virginia State Fire Commission.

2.4. “Assistant Fire Chief otherwise known as Deputy Chief or Battalion Chief” means the second highest fire line officer(s) in charge of the fire department. This person may take on the responsibilities of the chief in his or her absence. A department may have more than one person filling this position.

2.5. “Chief” means the highest-ranking fire line officer in charge of the fire department.

2.6. “Department” means any volunteer fire fighting response organization regulated by the West Virginia State Fire Commission. Department includes a volunteer fire company or volunteer fire brigade, Provided that: private or corporate fire brigades are exempt from this rule.

2.7. “Firefighter” means any active member of a fire department who is a certified firefighter.

2.8. “Fire Commission” means the West Virginia State Fire Commission.

2.9. “Fire Line Officer” means Chief, Assistant Chief, Deputy Chief, Battalion Chief or other officers of the fire department usually referred to as line officers (usually referred to as Lieutenant and Captain), the third and fourth highest tiers in ranking in charge of the fire department and may take on the responsibilities of the chief or assistants in those persons(s)’ absence.

2.10. “First Response Area or First Due Area” means the specified geographical area assigned to a fire department, which has been approved by the WV Fire Commission, to which the assigned fire Department is the primary department responsible for providing fire protection.

2.11. “NPFA” means the National Fire Protection Association Codes and Standards.

2.12. “NIMS” means the National Incident Management System.

2.13. “Person” means business, corporation, partnership, individual, or any other entity submitting a curriculum for approval.

2.14. “Probationary Firefighter” means an active member of a volunteer fire department who is at least 18 years old and not a certified firefighter.

2.15. “Specialized Support member” means any person responding solely for the purpose of performing emergency medical services, hazardous materials mitigation, or specialized rescue.

W. Va. Code R. § 87-8-3 Minimum Training Levels for Rescue and Fire Fighting

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.

3.5. At all times, all active fire line officers, excluding any training coordinator or safety coordinator, must have completed an approved Fire Officer 1 curriculum, or equivalent, and pass any and all testing required for certification as a Fire Officer 1. 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.

3.6. At all times, all active chief and assistant chief members must have completed an approved fire Officer 2 curriculum, or equivalent, and pass any and all testing required for certification as a Fire Officer 2. 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.

3.7. The Fire Commission, at all times, shall have an equivalency program to allow certification of fire officers in Fire Officer 1 and Fire Officer 2. Any person may apply to this program for certification in either Fire Officer 1, Fire Officer 2, or both. This program shall evaluate a person’s practical knowledge and life experience within the fire service, and any previous training that person may have completed. If the person has demonstrated competency in the skills taught in these curricula, then the application shall be granted.

3.8. All operators of fire department engines, tankers, aerials, and rescue trucks must have a Firefighter I certification, have a valid driver's license, and must have completed an approved Emergency Vehicle Operations Course (EVOC), or equivalent, and pass any and all testing required for certification.

3.8.1. Provided that, during maintenance or service of the vehicle, any person operating a vehicle to perform his or her job may operate that vehicle as long as that person meets all other requirements to operate that vehicle as set forth by statute.

3.8.2. Provided that, nothing in this rule shall prohibit specialized support members or emergency medical response personnel from operating fire department squads, ambulances and/or emergency medical response vehicles, or prevent ancillary support members of fired departments from operating utility vehicles.

3.8.3. Provided that, nothing in this rule shall prohibit an active member from operating a fire department vehicle for the purpose of training so long as he or she are accompanied by a certified operator in a non-emergency capacity.

3.8.4. The Fire Commission may utilize the modular training program as an alternative to meet this requirement.

3.9. All individuals who wish to instruct or test others in any approved curriculum for purposes of certification by the State Fire Commission must obtain and maintain a valid adult part-time teaching permit issued by the West Virginia Department of Education, or be a certified Fire Instructor through the West Virginia University Fire Service Extension.

3.10. Departments may appoint at least one member of the department to serve as a training coordinator. It is the training coordinator’s duty to ensure that all members achieve the appropriate certifications, and to oversee training within the department.

3.11. Active and specialized support members that respond to hazardous materials incidents must have completed and achieved certification for training at or above the level of Hazardous Materials Awareness, and have passed any and all testing required for this certification. Active and specialized support members that operate at hazardous materials incidents must have completed and achieved, at the minimum, certification for training at the Hazardous Materials Operations level, as set forth by the U.S. Environmental Protection Agency and the U.S. Occupational Safety and Health Administration, or equivalent, and have passed any and all testing required for this certification.

3.12. This section establishes the minimum level of training necessary for certification. Training beyond minimum requirements is voluntary. All training curriculums must be approved by the Commission pursuant to section 4 of this rules series if the training is completed for the purposes of obtaining certification by the Fire Commission.

W. Va. Code R. § 87-8-4 Curriculum Approval

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.

4.2. Persons seeking approval for a curriculum must submit 1 copy of the text and teaching materials, and 15 copies of the proposed curriculum outline to the Fire Commission. All course curriculum must provide for the following:

4.2.1. Course content meeting or exceeding the current National Standard as set forth by NFPA or other accrediting entity, including Job Performance Requirements.

4.2.2. On-line training in the subject matter being taught, including a break down of the course content being offered on-line and an approximate timetable describing the amount of time needed for delivery of the content, or an explanation as to why this is not applicable.

4.2.3. On-line testing, in a controlled, proctored environment, or an explanation as to why this is not applicable.

4.2.4. In person training on the subject matter, including a break down of the course content being offered in person and an approximate timetable describing the amount of time needed for delivery of the content, or an explanation as to why this is not applicable.

4.2.5. In person testing in a controlled, proctored environment, or an explanation as to why this is not applicable.

4.2.6. A regional testing schedule for the course if in person testing is required, stating the general vicinity of the tests, and the minimum number of times the test shall be offered in each location.

4.2.7. The procedure for administering the on-line instruction or testing, if applicable, which shall include, at a minimum:

4.2.7.a. A controlled, proctored environment for testing;

4.2.7.b. The party responsible for providing the computer equipment and internet service; and,

4.2.7.c. Minimum equipment and service levels for the instruction and/or testing environment.

4.2.8. The course content, broken down into segments, blocks or modules, and the method of testing for the course content, or an explanation as to why this is not applicable.

4.2.9. The anticipated fee to be charged per student for receiving the training and testing.

4.3. All materials submitted for the Courses for Certification in Firefighter 1, Firefighter 2, Fire Officer 1, Fire Officer 2, Vehicle and Machinery Rescue Level 1, and Hazardous Materials Awareness and/or Operations must include on-line training, as either its entire course, or as a blended course of on-line and in person training, or an explanation as to why this is not applicable.

4.4. Upon receipt of the proposed curriculum, the Fire Commission Training Committee shall review the submitted materials to ensure that each curriculum complies with the minimum standards as set forth in sections 4.1 and 4.2 of this rule.

4.4.1. If, after review, the subcommittee finds that the materials do not comply with the standard set forth in subsections 4.1 and 4.1 of this rule, the textbook and teaching materials, and one copy of the curriculum outlines shall be returned to the person submitting the materials, with an explanation as to why the curriculum is being returned.

4.4.2. If after review, the subcommittee finds that the submitted materials comply with the standards set forth in subsections 4.1 and 4.2 of this rule, the submitted materials shall be made available to for review by the general public, upon request, and a 30 day written comment period shall be announced at the next meeting of the Fire Commission with all written comments being submitted to the State Fire Commission at 1207 Quarrier Street, Charleston, WV 25031.

4.4.3. Following the written comment period, but not prior to the next regular Fire Commission meeting, the Commission shall vote to accept or reject the proposed curriculum, and the person submitting the curriculum shall be notified of the results of the vote, and if approved the allow start date to provide the approved curriculum to the public for Certification.

4.5. All curricula must be approved by the commission a minimum of every 5 years to ensure that training is meeting or exceeding the standards set forth in the current edition of the NFPA or applicable standard. 4.5.1 If a curriculum is not submitted for re-approval after five years have passed, the approval for the curricula will automatically be suspended.

4.6. The current modular training policies, of the State Fire Commission, can be utilized as alternate methods to achieve certification as a firefighter or fire apparatus driver/operator as referenced in 3.8 of this rule.

4.7. The Commission, if it has received notice that the standard for a particular curriculum has changed, shall notify the party or parties affected, and any updated curricula shall be submitted, in accordance with the standards as stated in subsections 4.1 and 4.2 of this rule within a period of time not to exceed 12 months.

4.7.1. If an updated curricula is not submitted for approval after 12 months have passed, the approval for the curricula will automatically be suspended.

4.8. The questions on any written test for approved curriculum shall be confirmed to be found in the textbook used for the training and confirmed to associate with the Job Performance Requirement (JPR) for the specific training.

W. Va. Code R. § 87-8-5 Equivalency

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.

5.3. The West Virginia University Fire Service Extension Certification Division or the West Virginia Department of Education will review and verify all documentation. Once documentation has been reviewed and verified to meet the certification criteria, the candidate will be issued reciprocity. If documentation does not meet the certification requirements, the candidate will be denied reciprocity. The candidate would then be required to complete an approved training program and meet all certification requirements including but not limited to, passing written and practical skills certification exams.

5.4. Applicants seeking Fire Officer I/Fire Officer II equivalency shall submit:

5.4.1. A portfolio outlining the certification being sought and associated files containing the Job Performance Requirements with meet the respective NFPA 1021 standard.

5.4.2. A list of all current training and certifications courses which were taken to achieve the equivalent certification.

5.5. If the equivalency application is refused or denied, the applicant may apply to the Commission, pursuant to W. Va. Code of State Rules §87-6-12, for a hearing on the merits of the application, and the Commission shall issue a final decision upon the application.

W. Va. Code R. § 87-8-6 Minimum Equipment and Performance Standards

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 al 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.

6.10. All fire pumps and hoses, and aerial apparatus shall be tested as at least annually for compliance with NFPA 1901, 1911, 1961 and 1962. Records of these tests shall be maintained by the department for a minimum of five (5) years and shall be produced by the department upon request of the Fire Commission, Fire Marshal, or governmental entity overseeing the Department.

6.11. All apparatus and associated equipment shall have met the standard for that particular apparatus or piece of equipment as set forth in NFPA 1901 in the year that the apparatus is and piece of associated equipment was manufactured, and shall be fully operable.

6.12. At all times, at a minimum, the following items shall be transported to the fire scene with the listed apparatus, provided that these items shall only be required if the apparatus is dispatched to an emergency scene:

6.12.1. Engine- as defined in NFPA 1901.

6.12.1.a. Current Motor Vehicle Inspection.

6.12.1.b. Current Emergency Vehicle Permit.

6.12.1.c. Fire Pump tested in accordance with subsection 6.10.

6.12.1.d. 24 foot extension ladder.

6.12.1.e. 14 foot straight ladder.

6.12.1.f. 800 feet minimum of 2 ½ inch or larger supply hose tested in accordance with subsection 6.10.

6.12.1.g. 400 feet minimum of 1 ½ to 2 inch attack hose tested in accordance with subsection 6.10.

6.12.1.h. sufficient number of nozzles.

6.12.1.i. two (2) pike poles or equivalent.

6.12.1.j. 1 pickhead axe.

6.12.1.k. 1 flathead axe.

6.12.1.l. 2 hand lights.

6.12.1.m. 1 dry chemical extinguisher.

6.12.1.n. 1 first aid kit.

6.12.1.o. 2 wheel chocks.

6.12.1.p. 1 SCBA pack (meeting NFPA 1981 standard) for each seat with one spare bottle for each pack.

6.12.1.q. 1 traffic vest for each seat.

6.12.2. Tanker- as defined in NFPA 1901.

6.12.2.a. Current Motor Vehicle Inspection.

6.12.2.b. Current Emergency Vehicle Permit.

6.12.2.c. If the unit contains a Fire Pump it shall be tested in accordance with subsection 6.10.

6.12.2.d. If the unit contains a Fire Pump 200 feet minimum of 2 ½ inch or larger supply hose tested in accordance with subsection 6.10.

6.12.2.e. If the unit contains a Fire Pump 400 fee minimum of 1 ½ to 2 inch attack hose tested in accordance with subsection 6.10.

6.12.2.f. If the unit contains a Fire Pump sufficient number of nozzles.

6.12.2.g. 2 hand lights.

6.12.2.h. 1 dry chemical extinguisher.

6.12.2.i. 1 first aid kid.

6.12.2.j. 2 wheel chocks.

6.12.2.k. 1 SCBA pack (meeting NFPA 1981 standard) for each seat with one spare bottle for each pack.

6.12.2.l. 1 traffic vest for each seat.

6.12.3. Aerial - as defined in NFPA 1901.

6.12.3.a. Current Motor Vehicle Inspection.

6.12.3.b. Current Emergency Vehicle Permit.

6.12.3.c. If the unit contains a Fire Pump it shall be Fire Pump tested in accordance with subsection 6.10.

6.12.3.d. Aerial unit tested in accordance with subsection 6.10.

6.12.3.e. If the unit contains a Fire Pump 800 feet minimum of 2 ½ inch or larger supply hose tested in accordance with subsection 6.10.

6.12.3.f. If the unit contains a Fire Pump 400 feet minimum of 1 ½ to 2 inch attack hose tested in accordance with subsection 6.10.

6.12.3.g. If the unit contains a Fire pump sufficient number of nozzles.

6.12.3.h. 4 Ladder Belts.

6.12.3.i. 2 hand lights.

6.12.3.j. 1 first aid kit.

6.12.3.k. 2 wheel chocks.

6.12.3.l. 1 SCBA pack (meeting NFPA 1981 standard) for each seat with one spare bottle for each pack.

6.12.3.m. 1 traffic vest for each seat.

6.12.4. Quint- as defined in NFPA 1901.

6.12.4.a. Current Motor Vehicle Inspection.

6.12.4.b. Current Emergency Vehicle Permit.

6.12.4.c. Fire Pump tested in accordance with subsection 6.10.

6.12.4.d. Aerial unit tested in accordance with subsection 6.10.

6.12.4.e. 300 feet minimum of 2 ½ inch or larger supply hose tested in accordance with subsection 6.10.

6.12.4.f. 400 feet minimum of 1 ½ to 2 inch attack hose tested in accordance with subsection 6.10.

6.12.4.g. sufficient number of nozzles.

6.12.4.h. 4 Ladder Belts.

6.12.4.i. 2 hand lights.

6.12.4.j. 1 dry chemical extinguisher.

6.12.4.k. 1 first aid kit.

6.12.4.l. 2 wheel chocks.

6.12.4.m. 1 SCBA pack (meeting NFPA 1981 standard) for each seat with one spare bottle for each pack.

6.12.4.n. 1 traffic vest for each seat.

6.12.5. Mini-Pumper - as defined in NFPA 1901.

6.12.5.a. Current Motor Vehicle Inspection.

6.12.5.b. Current Emergency Vehicle Permit.

6.12.5.c. Fire Pump tested in accordance with subsection 6.10.

6.12.5.d. 300 feet minimum of 2 ½ inch or larger supply hose tested in accordance with subsection 6.10.

6.12.5.e. 400 feet minimum of 1 ½ to 2 inch attack hose tested in accordance with subsection 6.10.

6.12.5.f. sufficient number of nozzles.

6.12.5.g. 2 hand lights.

6.12.5.h. 1 dry chemical extinguisher.

6.12.5.i. 1 first aid kit.

6.12.5.j. 2 wheel chocks.

6.12.5.k. 1 SCBA pack (meeting NFPA 1981 standard) for each seat with one spare bottle for each pack. 6.12.6 Service Truck - as defined in NFPA 1901.

6.12.6.a. Current Motor Vehicle Inspection.

6.12.6.b. Current Emergency Vehicle Permit.

6.12.6.c. 2 hand lights.

6.12.6.d. 1 dry chemical extinguisher.

6.12.6.e. 1 first aid kit.

6.12.6.f. 2 wheel chocks.

6.12.6.g. 1 SCBA pack (meeting NFPA 1981 standard) for each seat with one spare bottle for each pack.

6.12.6.h. 1 traffic vest for each seat.

6.13. If an apparatus is not capable of transporting the required equipment, as set forth in subsection 6.12, to an emergency scene, a written plan must be kept on file, and be capable of being produced upon demand to the Fire Commission, Fire Marshal, or overseeing governmental agency, setting forth a detailed procedure for transporting all necessary equipment as detailed in subsection 6.12 to the emergency scene, which shall be strictly adhered to. The plan not being able to be produced, or the plan not being adhered to is a violation of this standard and may result in revocation of the department’s certification.

6.14. At all times, departments shall maintain workers compensation coverage for all personnel.

W. Va. Code R. § 87-8-7 Personal Protective Equipment

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.

W. Va. Code R. § 87-8-8 Penalty

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.

Series 09 Contested Case Hearing Procedures for State Fire Commission

W. Va. Code R. § 87-9-1 General

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-5-1(a).

1.3. Filing Date. -- May 2, 2013.

1.4. Effective Date. -- June 3, 2013.

W. Va. Code R. § 87-9-2 Hearing Procedure

2.1. Any person who desires a hearing must present a written demand for such to the Fire Commission within 30 days of issuance of an Order denying a license.

2.2. When the Fire Commission or its authorized designee is presented with such a demand for a hearing, it shall schedule a hearing within forty-five (45) days of receipt by it of such written demand, unless postponed to a later date by mutual agreement.

2.3. Charges may be instituted against any licensee, permitee, or certified individual by the Fire Marshal when probable cause exists for believing that the individual may have engaged in conduct, practices or acts in such condition that his or her license, permit or certification should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in W. Va. Code §29-3-12b or the Fire Marshal’s or Fire Commission's legislative rules. Charges may be based upon information received by way of a verified written complaint filed with the Fire Marshal and further information gathered by the Fire Marshal, his or her designee, or an ethics investigator, in the process of investigating such complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Fire Marshal.

2.4. Charges instituted against a licensee, permitee, or certified individual shall be set forth in a Complaint and Notice of Hearing issued in the name of the Fire Commission as the agency of the state regulating the particular profession. Such Complaint and Notice of Hearing shall designate the Fire Commission as the “Complaintant", and shall designate the certified home inspector involved in the proceeding as the “Respondent"; shall set out the substance of each offense charged with sufficient particularity to reasonably apprise the Respondent of the nature, time and place of the conduct or condition complained of therein; and shall state the date, time and place for the hearing.

2.5. Upon receipt of a demand for a hearing described in subsections 1 and 2 of this section, the Fire Commission shall provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Fire Commission as the agency of the state regulating the practice of the profession described. Such Complaint and Notice of Hearing shall designate the demanding party as the "Complainant” and shall designate the Fire Commission as the “Respondent"; shall set out the substance of each and every reason that the Fire Commission has denied the demanding party a license, permit or certificate with sufficient particularity to reasonably apprise the demanding party of the nature, time and place of the conduct or condition at issue therein; and shall state the date, time and place for the hearing.

2.6. The Fire Commission may amend the charges set forth in a Complaint and Notice of Hearing as it deems proper.

2.7. A Complaint and Notice of Hearing shall be served upon the demanding or charged party at least thirty (30) days prior to the date of hearing.

2.8. Upon written motion received by the Fire Commission no later than twenty (20) days prior to the date of hearing, a more definite statement of the matters charged, or the reasons stated for denial of certification shall be provided to the demanding or charged party or his or her counsel, at least fifteen (15) days prior to the hearing date.

2.9. Hearings shall be conducted as follows:

2.9.1. Any party to a hearing shall have the right to be represented by an attorney-at-law, duly qualified to practice law in the state of West Virginia, or to represent his or herself.

2.9.2. The Fire Commission shall be represented by the West Virginia Attorney General's Office.

2.9.3. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing.

Furthermore, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed. However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible there under may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs

2.9.4. The rules of privilege recognized by the law of this state shall be followed.

2.9.5. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

2.9.6. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Fire Commission and, when appropriate, may cross-examine witnesses called by the Fire Commission in support of the charges or in defense of its decision to deny certification.

2.9.7. The hearing shall be held at such time and place as is designated by the Fire Commission, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the charged or demanding party and/or his or her attorney in person; or if he or she cannot be found, by delivering such notice at his or her last address of record in the Fire Marshal’s office and giving information of its purport, to his wife or her husband, or to any other person found there who is a member of his or her family and above the age of sixteen (16) years; or if neither his wife or her husband nor any such person can be found there, and he or she cannot be found, by leaving such notice posted at the front door of such address; or if he or she does not reside in this state, such notice may be served by the publication thereof once a week for three successive weeks in a newspaper published in this state; or such notice may by served by registered or certified mail.

2.9.8. The hearing shall be open to the general public, unless requested to be closed to the public by the certified home inspector or applicant.

2.9.9. The Fire Marshal, his or her employees, Members of the West Virginia State Fire Commission and its officers, agents and employees shall be competent to testify at the hearing as to material and relevant matters: Provided, That no person who testifies at such hearing shall thereafter participate in the deliberations or decisions of the Fire Commission with respect to the case in which he or she testified.

2.9.10. The hearing shall be conducted by a quorum of the Fire Commission, or a hearing officer appointed by the Fire Commission.

2.9.11. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Fire Commission’s files. Upon request, a copy of the transcript shall be furnished to any party by the transcriptionist at his or her own expense.

2.9.12. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

2.9.13. Where a hearing is held upon the instance of the Fire Commission after charges have been brought against a licensee, permitee, or certified individual, the Fire Commission shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

2.9.14. Where a hearing is held upon demand under the provisions of subsections 9.1, 9.2, 9.3, and 9.6 of this section, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first. The Fire Commission may require the person demanding the hearing to give security for the costs thereof and if the demanding party does not substantially prevail, such costs may be assessed against them in the Order of the Fires Commission, and may be collected by forfeiture of the security posted, by assessment in an Order issued them by the Fire Commission, in a civil action or by other proper remedy.

2.9.15. Following the conclusion of the Fire Commission’s presentation of evidence in accordance with subsection 2.9.13 of this section the Respondent or charged party shall have the right to submit his or her evidence in defense.

2.9.16. Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 2.9.14 of this section, the Fire Commission shall have the right to offer its evidence in rebuttal.

2.9.17. The Fire Commission may call witnesses to testify in support of its decision to deny licensure, to deny a permit, or to deny a certificate or in support of the charges instituted against an individual; may present such other evidence to support its position; and, may cross-examine witnesses called by the demanding party or charged party in support of his or her position.

2.9.18. All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

2.9.19. Hearings held by the Fire Commission as a result of charges instituted against a licensee, permitee, or certified individual may be continued or adjourned to a later date or different place by the Fire Commission or its hearing officer by appropriate notice to all parties.

2.9.20. Motions for a continuance of a hearing may be granted upon a showing of good cause.

Motions for continuance must be in writing and received in the office of the Fire Commission no later than seven (7) days before the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance. A motion for a continuance filed less than seven (7) days from the hearing date may be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing shall be ruled on by the chair of the Fire Commission, or its hearing officer. All other motions for continuance shall be ruled on by the Fire Commission member(s), the member presiding over the hearing, or the hearing officer

2.9.21. All motions related to a case set for hearing before the Fire Commission, except motions for continuance and those made during the hearing, shall be in writing an shall be received in the office of the Fire Commission at least ten (10) days before the hearing. Prehearing motions shall be heard at a prehearing conference or at the hearing prior to the commencement of testimony. The Fire Commission member(s) presiding at the hearing, or the hearing officer, shall hear the motions and the response from the non-moving party and shall rule on such motions accordingly.

W. Va. Code R. § 87-9-3 Transcription of Testimony and Evidence

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.

W. Va. Code R. § 87-9-4 Submission of Proposed Findings of Fact and Conclusions of Law

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.

W. Va. Code R. § 87-9-5 Conferences; Informal Disposition of Cases

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.

5.2. The Fire Commission or its hearing officer may cause such conferences to be held on its own motion or by the request of a party.

5.3. The Fire Commission may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into such stipulations and/or agreements without conference.

W. Va. Code R. § 87-9-6 Depositions

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.

W. Va. Code R. § 87-9-7 Subpoenas for Hearings and Depositions

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-5-1(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-5-1(b)

W. Va. Code R. § 87-9-8 Orders

8.1. Any final order entered by the 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.

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.

W. Va. Code R. § 87-9-9 Appeal

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.

Series 10 Volunteer Fire Department Equipment and Training Grant Funding Disbursement

W. Va. Code R. § 87-10-1 General

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.

W. Va. Code R. § 87-10-2 Definitions

2.1. “Active Members” means an individual who performs the function of fire prevention and suppression, or vehicle and machinery extrications when responding to emergency situations. Depending on the level(s) of training the active member has completed, active members may also perform the tasks and duties of hazardous materials response and mitigation, technical rescue, emergency medical services, and any other duties that a specialized support member may provide if so trained.

2.2. “Approved Curriculum” means a curriculum for training approved by the West Virginia State Fire Commission.

2.3. “Chief” means the highest-ranking fire line officer in charge of a fire department.

2.4. “Department” means any volunteer fire fighting response organization regulated by the West Virginia State Fire Commission. Department includes a volunteer fire company or volunteer fire brigade, provided that: private or corporate fire brigades are exempt from this rule.

2.5. “Firefighter” means any active member of a fire department.

2.6. “Fire Commission” means the West Virginia State Fire Commission.

2.7. “Grantor” means a state spending unit awarding a state grant.

2.8. “Grantee” means any entity, to exclude individuals, receiving a state grant, including a state spending unit, local government, corporation, partnership, association, or other legal entity.

2.9. “NIMS” means the National Incident Management System.

2.10. “Person” means business, corporation, partnership, individual, or any other entity submitting a curriculum for approval.

2.11. “Report” means an engagement, such as an agreed upon procedures engagement or other attestation engagement, performed and prepared by a certified public accountant to test whether state grants were spent as intended. The term “report” does not mean a full scope audit or review of the person receiving state funds.

2.12. “State grant” means funding provided by a state spending unit, regardless of the original source of the funds, to a grantee upon application for a specific purpose. The term "state grant" does not include: (A) Payments for goods and services purchased by a state spending unit; (B) compensation to state employees and public officials; (C) reimbursements to state employees and public officials for travel or incidental expenses; (D) grants of student aid; (E) government transfer payments; (F) direct benefits provided under state insurance and welfare programs; (G) funds reimbursed to a person for expenditures made for qualified purposes when receipts for the expenditures are required prior to receiving the funds; (H) retirement benefits; and (I) federal pass-through funds that are subject to the federal Single Audit Act Amendments of 1996, 31 U.S.C. § 7501, et seq. The term "state grant" does not include formula distributions to volunteer and part-volunteer fire departments and fire companies made pursuant to §33-3-14d, §33-3-33, or §33-12C-7 of this code and does not include money received from the Fire Service Equipment and Training Fund as provided in §29-3-5f of this code.

W. Va. Code R. § 87-10-3 Procedures

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.

W. Va. Code R. § 87-10-4 Grant Considerations

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.

4.2. To be considered for funding, a department must complete and provide a grant application. The grant application request must be submitted by the Fire Chief of the department and include the following information:

4.2.1. Name of department, street address, town/city, state, and zip code.

4.2.2. Department size (Number of Members).

4.2.3. The population of the departments primary and secondary response areas.

4.2.4. The annual number of emergency and nonemergency calls the department responds too.

4.2.5. An accounting of the revenues received by the department from federal, state, county, municipal, local, and other sources.

4.2.6. The department’s assets, expenditures, and other liabilities, including whether the fire company or department has availed itself of available statewide contracts.

4.2.7. Type of grant -- training and/or equipment.

4.2.8. Estimated grant funding the department is requesting.

4.2.9. Description of how the grant will be utilized and timeline for implementation.

4.2.10. Why the department is requesting this grant, including challenges the department faces.

4.2.11. What steps have been taken and/or commitments made by the department/jurisdiction to try to meet this need of the department.

4.2.12. Indicate if the department has applied for similar funding from other sources- private, public, federal, state, county, etc. These must be listed on the application. Also, a reference must be made on the application for any other sources being approached for financial support of this project.

4.2.13. Contact information (Name, phone number, email, and rank of the head of the department).

4.3. The Commission will establish a committee of its members to review will review the grant application, and to make a recommendation to the full Commission. If the application meets the criteria described, and the Commission is considering the award of funds, the Department will be contacted with further instructions on how to complete the remaining grant requirements. As a part of the grant process, a phone interview may be required with the department’s leadership a part of the application process. No department shall be eligible for a grant if that said department is found to be ineligible by the Legislative Auditor.

4.4. The State Fire Commission will make grants based on any submittals received for Fiscal Year 2021, based on the amount of money in the established fund pursuant to the below deadlines:

4.4.1. April 10, 2021 -- deadline to receive pending completed applications (for reviewed and vetted applications only).

4.4.2. May 31, 2021 -- deadline delivery of notification of Fire Departments who will be awarded grants for FY 2021.

4.5. Beginning in Fiscal Year 2022 and thereafter; the State Fire Commission will make grants based on a fiscal year (July 1 to June 30) based on the amount of money in the established fund pursuant to the below deadlines:

4.5.1. September 15 of every year -- deadline to submit a completed application (for reviewed and vetted applicants only).

4.5.2. By October 15 of every year -- final decisions made; all applicants contacted.

4.5.3. By November 15 of every year -- grants awarded.

4.6. In the case of emergency grant requests as the result of natural or manmade disasters, decisions will be made on a rolling basis.

4.7. If the Commission, once the entire application process is complete, votes to award grant funds to a department, a disbursement will be made from the grant funding account. The disbursement will be sent by certified mail to the fire department based on a fire equipment request; or directly to the fire service training provider, for any grant request pertaining to training.

4.8. All grant disbursements that are considered will be based on recently paid purchases of fire service equipment and/or maintenance of existing fire service equipment; or fire service training that has been either paid or training completed by the fire department with a pending invoice. Either shall be required and provided as proof of pending payment from the volunteer fire department.

4.9. All grant disbursements shall be made by the State Treasurer from the Fire Equipment and Training Fund. Disbursements shall be made by the State Treasurer based on notification from the State Fire Commission of grant awardees selection and approval of their grant application.

4.10. The fire commission shall, in the manner designated by the Legislative Auditor, notify the Legislative Auditor of the maximum amount of funds to be disbursed, the identity of the grantee authorized to receive the funds, the grantee’s fiscal year and federal employer identification number, and the purpose and nature of the state grant, within 30 days of making the state grant, or authorizing the disbursement of the funds, whichever is later.

W. Va. Code R. § 87-10-5 Grant Expenditure Reporting

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 §12-14-4b, a fraudulent sworn statement under subsection of this §12-14-4b, section, or a fraudulent report under this §12-14-4b, 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.

Series 11 Specialized Membership

W. Va. Code R. § 87-11-1 General

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.

W. Va. Code R. § 87-11-2 Specialized Membership

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

2.2. The Department shall include with the information listed in subdivision 2.1. a notarized affirmation by the Chief of the Department that the Specialized member will not be permitted to participate in firefighting, or other activity in which that person is not trained appropriately.

2.3. All Departments must maintain a listing of specialized membership, and what each person’s specialization is at all times, and have it available for review at any inspection or evaluation that is conducted.

2.4. If a person is already a specialized member, and that person wishes to have more than one specialization for the Department, the Department must complete the steps listed in this section for each specialization for each non-fire fighter member.

W. Va. Code R. § 87-11-3 Review and Approval or Denial of Specialized Members

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.

3.2. If the Commission believes that the information submitted is sufficient, and that the training completed reaches the acceptable recognized standard, the Department will be notified that membership for that person is allowed to join the department as a specialized member with that specialty.

3.3. It the Commission believes that the information submitted is not sufficient to cause the commission to believe that the training received reaches the acceptable recognized standard, the Department will be notified that the membership for that person is not allowed as a specialized member with that specialty.

3.4. Any Decision made pursuant to subdivision 3.2. or 3.3. of this section is the sole discretion of the Commission and is not subject to review by any other means, and no appeal is available.

Series 12 Junior Firefighters

W. Va. Code R. § 87-12-1 General

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.

W. Va. Code R. § 87-12-2 Child Labor Regulations

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.

W. Va. Code R. § 87-12-3 Definitions

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.

W. Va. Code R. § 87-12-4 Emergency Apparatus Responding to a Fire or Emergency Scene

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.

W. Va. Code R. § 87-12-5 First Aid at a fire or emergency scene

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.

W. Va. Code R. § 87-12-6 Other functions which may be performed by Junior Firefighters. 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

W. Va. Code R. § 87-12-7 Non-member minors; Minors under the age of 16

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.

Appendix A 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

Series 13 Certification of Fire Chiefs

W. Va. Code R. § 87-13-1 General

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.

W. Va. Code R. § 87-13-2 Certification Process

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.

2.3. Once received by the Commission, the application for certification shall be reviewed by the Commission:

2.3.a. If information is missing from the application, or the required documentation is not submitted, the Commission will contact the Chief, and inform him or her, of the deficiencies in the application. If the Chief fails to correct the deficiencies in the application within 14 calendar days, the application will be rejected and the department shall choose a new Chief: Provided, That for good cause shown, this deadline may be extended in the sole discretion of the Commission. Any person who fails to timely submit the required information for certification, including any extensions which may be granted by the Commission, shall thereafter be ineligible for certification unless the person submits a written request to the Commission for reapplication along with sufficient proof that such person meets the minimum standards for certification, which request may be granted or denied in the sole discretion of the Commission. Any person aggrieved by the provisions of this subdivision may appeal the decision of the Commission in accordance with the provisions of Section 12 of this Rule.

2.3.b. The complete application shall be reviewed by the Commission. The Commission shall review its files and past complaints received to determine if the applicant has operated a department not in compliance with applicable laws, rules, or regulations, or has him or herself acted in a manner not in compliance with applicable laws rules or regulations.

2.3.b.1. If there are no past Complaints, and the application meets the criteria as to proof of position, training, and the verification statement, the Commission shall approve the application and issue the Certification to the applicant.

2.3.b.2. If there are past complaints to this effect, the Commission shall schedule an interview with the applicant, to discuss the complaint(s) and then determine if the applicant understands the laws, rules, and regulations applicable to fire departments, and then further determine that applicant will abide by these in the future.

2.3.b.2.A. If the Commission is satisfied that the applicant understands the laws, rules and regulations applicable to fire departments, and will abide by the applicable laws, rules, and regulations, the Commission will issue the Certification to the applicant.

2.3.b.2.B. If the Commission is not satisfied that the applicant will abide by the applicable laws, rules and regulations, the Commission will deny the application for certification.

2.3.c. Notwithstanding the provisions of this rule, upon receipt of an application for certification, until a final determination is made pursuant to this Rule, the Chair of the Commission may grant the applicant a temporary certification, for good cause shown and if the temporary certification is in the best interests of public safety.

W. Va. Code R. § 87-13-3 Denial, Suspension, or Revocation of Certification

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.

3.2. Complainants are immune from liability for the allegations contained in their complaints filed with the Fire Commission unless the complaint is filed in bad faith or for a malicious purpose.

3.3. The Fire Commission shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition.

3.4. The Fire Commission shall maintain a separate file on each complaint received, and each file shall have a number assigned to it.

3.5. Upon receipt of a complaint, the Fire Marshal and the Chair of the Fire Commission shall review the complaint and one of the following acknowledgments to the complainant shall be issued:

3.5.a. That the matter will be reviewed by the Fire Commission;

3.5.b. That the complaint is outside the jurisdiction of the Fire Commission, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or,

3.5.c. That more information will be required in order to adequately review the individual complaint.

3.6. If the complaint is acknowledged under subdivision 3.5.a., or 3.5.b., the State Fire Marshal shall send a copy of the complaint, including any supporting documentation, by certified mail to the chief or acting chief in question for his or her written comment, and he or she shall submit a written response to the Fire Commission within 30 calendar days of the date of such correspondence, or waive the right to do so.

3.7. Requests for comment on complaints sent to chiefs or acting chiefs, shall be considered properly served when sent to the last address on file with the Fire Commission. It is the responsibility of the chief or acting chief to keep the Fire Commission informed of his or her current address.

3.8. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 3.5.b. of this rule, the Fire Marshal and Chair of the Fire Commission shall cause to be conducted any reasonable inquiry or investigation necessary to determine the truth and the validity of the allegations set forth in the complaint. The review of complaints and any view or investigation thereof may, at the discretion of the Fire Marshal, be assigned to a designee, who shall be a full time employee of the State Fire Marshal, or, alternatively, to an ethics investigator, for review and investigation.

3.9. Upon receipt of a complaint the designee, or ethics investigator, shall, within 60 days, review and investigate the same and provide the Fire Commission with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the investigation, the records reviewed, and interviews conducted, and a statement of the designee’s, or ethics investigator’s, findings and recommendations. The Fire Commission, the designee, or ethics investigator shall, upon request, be afforded an opportunity to have an investigation interview with the chief or acting chief in question, or any other involved parties, a report of which shall be placed in the investigation file.

3.10. To facilitate the disposition of a complaint, the Chair of the Fire Commission, a designee, or ethics investigator, may request any person to attend an informal conference at any time prior to the Fire Commission entering any order with respect to the complaint. The Chair of the Fire Commission, designee, or ethics investigator, shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.

3.11. The Fire Commission may issue subpoenas and subpoenas duces tecum to complete the investigation and to determine the truth or validity of complaints. A designee, or ethics investigator, may request that the Fire Commission issue subpoenas or subpoenas duces tecum. Any such request shall be accompanied by a brief statement specifying the necessity for the same.

3.12. At any point in the course of an investigation or inquiry into a complaint, the designee, or ethics investigator, may decide to recommend to the Fire Commission that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a chief or acting chief may be sanctioned by the Fire Commission: Provided, That the designee, or ethics investigator, shall make their respective findings and recommendations to the Fire Commission in writing prior to the Fire Commission dismissing the complaint.

3.13. At any point in the course of an investigation or inquiry, the designee, or ethics investigator, may recommend to the State Fire Commission that there is sufficient evidence to warrant a finding of probable cause that a violation has occurred, or designee, or ethics investigator, shall make their respective findings and recommendations to the Fire Commission in writing, and the Fire Commission shall make a determination whether or not probable cause is found to limit or restrict a certification, suspend a certification, or revoke any certification issued by the Fire Commission. If the Fire Commission finds probable cause that a violation may have occurred, a Complaint and Notice of Hearing shall be issued by the State Fire Commission.

3.14. Upon either a finding of probable cause, or no probable cause by the Fire Commission, , the Fire Marshal shall promptly send a copy of the same, including any supporting documentation, to the complainant.

W. Va. Code R. § 87-13-4 Appeal of Denial of Certification; Hearings; Evidence

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.

W. Va. Code R. § 87-13-5 Orders from proceedings of Office of Administrative Hearings

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.

W. Va. Code R. § 87-13-6 Appeal from proceedings of Office of Administrative Hearings

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.

Series 14 Use of Aqueous Film-Forming Foam (AFFF) for Fire Training Program Purposes

W. Va. Code R. § 87-14-1 General. 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.

W. Va. Code R. § 87-14-2 Procedures for Certification of Training Programs. 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

W. Va. Code R. § 87-14-3 Record of Participation

3.1. The individual organization, agency, department or enterprise is responsible for maintaining a record of those individuals receiving the appropriate training.

W. Va. Code R. § 87-14-4 Use of AFFF During Training

4.1. Fire Department fire-fighting and hazardous material training programs where use of AFFF exist.

4.1.1. Active and specialized support members of a volunteer fire department, combination fire department or county fire prevention unit(s), and paid fire departments that respond but do not operate at hazardous material incidents must have completed and achieved certification for training at or above the level of Hazardous Material Awareness, and have passed any and all testing required for this certification.

Active and specialized support members that operate at hazardous materials incidents must have completed and achieved, at the minimum, certification for training at the Hazardous Materials Operations Level, as set forth by NFPA 1001, Standard for Fire Fighter Professional Qualifications or equivalent, and have passed any and all testing required for this certification. 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 Homeland Security and Emergency Management.

4.1.2. Standard safe practices for the discharge or otherwise use class B fire-fighting foam that contains intentionally added polyfluoroalkyl substances (PFAS).

4.1.2.a. For purposes of this section:

4.1.2.a.1. “Class B fire-fighting foam” means any foam designed to extinguish flammable liquid fires.

4.1.2.a.2. “PFAS chemicals” means nonpolymeric perfluoroalkyl and polyfluoroalkyl substances that are a group of man-made chemicals that contain at least two (2) fully fluorinated carbon atoms, excluding gases, and volatile liquids.

4.1.2.a.3. “Testing” means calibration testing, conformance testing, or fixed system testing.

4.1.2.a.4. “Testing Facility” allows the discharge of foam in a non-emergency situation for the evaluation and calibration of firefighting equipment and foam. This facility may also have the capability to provide some level of needed training for firefighters.

4.1.2.a.5. “Fixed Foam System” means a complete installation piped from a central foam station, discharging through fixed discharge devices on the flammable liquid hazard being protected. Foam proportioning components are permanently installed. The system has been engineered for the hazard and often contains multiple (UL or FM) listed components and foam.

4.1.2.a.6. “Foam Training Facility” shall mean to allow the discharge of foam in a non-emergency situation for the training of firefighters and readiness of equipment. This facility may also have the capability to provide some level of needed evaluation and calibration of equipment and foam.

4.1.3. On or after July 1, 2021, no person, fire department, state department, agency, board, bureau, office, commission, public corporation, or authority; county, municipal corporation, school district, or other political subdivision of this state may discharge or otherwise use class B fire-fighting foam that contains intentionally added PFAS chemicals unless:

4.1.3.a. The discharge or other use occurs in fire prevention or in response to an emergency fire-fighting operation; or

4.1.3.b. The discharge or other use is for training or testing purposes which occurs at a facility that has implemented containment, storage, treatment, and disposal measures to prevent uncontrolled releases of such class B fire-fighting foam into the environment.

4.1.4. Nothing in this code section may be construed to:

4.1.4.a. Restrict the manufacture, sale, or distribution of class B fire-fighting foam that contains intentionally added PFAS chemicals or restrict the discharge or other use of class B fire-fighting foam in response to an emergency fire-fighting operation; or

4.1.4.b. Prevent the use of nonfluorinated foams, including other class B fire-fighting foams, for purposes of training for fire-fighting operations.

4.1.5. Training certification records shall be maintained and retained by the fire department and/or their governing authority having jurisdiction when use of allowable AFFFs for training purposes are used.