Current through Register Vol. XLI, No. 50, December 13, 2024
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. -- April 19, 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, 2029.1.6. 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.a. Whenever there is a conflict between NFPA 1 and NFPA 101, the requirements of NFPA 101 shall take precedence.1.8.b. Whenever there is a conflict between the State Building code and the State Fire Code, the State Fire Code shall take precedence.1.8.c. Whenever there is a conflict between the State Fire Code and the NFPA codes, the State Fire Code shall take precedence.