W. Va. Code R. § 87-1-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 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.a. 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.a.1. NFPA 101 section 11.8 is adopted in full with the following additions:

2.1.a.1.A. 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.a.1.B. 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.a.1.C. Automatic Fire Protection Systems. -- Any building or structure as defined in subparagraphs 2.1.a.1.A. or 2.1.a.1.B. or Table 2.2.a. 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.a.1.D. 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.a.1.A. 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.a.1.E. High Rise Central Control Station. -- In every high rise building as defined in subparagraphs 2.1.a.1.A. and 2.1.a.1.B. 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.a.1.F. 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.a.1.A. 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.a.1.F.1. the Fire Alarm System;

2.1.a.1.F.2. Exit & Other Emergency Lighting;

2.1.a.1.F.3. Fire Protection Equipment;

2.1.a.1.F.4. the Smoke Management System;

2.1.a.1.F.5. the Fire Department Elevator;

2.1.a.1.F.6. the Fire Department Voice Communication System; and

2.1.a.1.F.7. the Fire Pumps.

2.1.a.1.G. Smoke Management. -- In all high rise buildings as defined in subparagraphs 2.1.a.1.A. and 2.1.a.1.B. 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.a.1.H. 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.b. Except as otherwise provided in this rule, the standards set forth in section 2.2 of NFPA 1 are modified as follows:

2.1.b.1. NFPA 5000 is excluded in its entirety;

2.1.b.2. NFPA 472 is excluded in its entirety;

2.1.b.3. NFPA 120 is excluded in its entirety;

2.1.b.4. NFPA 101A is excluded in its entirety.

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

2.1.c.1. 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.c.2. 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.d. 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.d.1. 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.d.2. 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.a.1.C.1. of this rule.

2.1.d.3. 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.d.4. 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.a. Sprinkler Protection and Area Limitations.

2.2.a.1. 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 Industrial occupancies without special or high hazard use or structures with the exception of Industrial occupancies as previously described, 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. 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.a. below.

2.2.a.2 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.a.

SPRINKLER PROTECTION & AREA LIMITATION**

BUILDING HEIGHT

Type of Construction	1 Story	2 Story	More than 2 Stories and Up to 40 ft.	More than 40 feet	More than 75 feet
Type I
443
Fire Resistive	60,000	60,000	40,000	35,000	High Rise
332
Fire Resistive	40,000	40,000	30,000	25,000	High Rise
Type II
222
Protected Non-Com.	35,000	25,000	10,000	Sprinklered	High Rise
111
Protected Limited Combustible	30,000	20,000	8,000	Sprinklered	High Rise
000
Unprotected Limited Unprotected Non-Com,	12,000	8,000	Sprinklered	Not Permitted	Not Permitted
Type III
211
Protected Ordinary	14,000	14,000	Sprinklered	Not Permitted	Not Permitted
200
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
111
Protected Wood Frame	11,500	11,500	Sprinklered	Not Permitted	Not Permitted
000
Non-Protected Wood Frame	6,000	6,000	Not Permitted	Not Permitted	Not Permitted

**Notes to Table 2.2.a.:

(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.a.1.A. of this Rule.

2.2.b. Sprinkler Protection (Certain Occupancies).

2.2.b.1. 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.b.2. Homes or institutions caring for more than three patients shall meet the requirements of this section.

2.2.b.3. 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.c. Fire Alarm System.

2.2.c.1. General Requirements for All Occupancies.

2.2.c.1.A. 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.c.1.A.1. 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.c.1.A.2. Exception: Hotels and motels with direct to outside exits from all guests' rooms.

2.2.d. Inspection Tags

2.2.d.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:

2.2.d.2. The individual performing the work;

2.2.d.3. The date of the test;

2.2.d.4. Results of the inspection and test.

2.2.e. Requirements for Educational Occupancies.

2.2.e.1. Classroom door locking to prevent unwanted entry- NFPA 101 section 15.2.2.2.4 shall be amended to read as follows:

(1) the locking mechanism shall be capable of being engaged without opening the door.

(2) 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.

(3) 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.

(4) 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.

(5) Two non-simultaneous releasing operations shall be permitted.

(6) 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.

(7) 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.

(9) 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.e.2.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.f. Explosives.

2.2.f.1. 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.f.2. 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.f.3. 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.f.4. 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.f.5. 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.f.6. Control of Adverse Effects.

2.2.f.6.A. 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.f.6.B. "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.f.6.B.1. 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.f.6.C. 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.

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2.2.f.6.D. Airblast, when measured at any dwelling or building listed in subparagraph 2.2.f.6.C. 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.f.6.E. A seismograph shall be used beside the nearest dwelling or building listed in subparagraph 2.2.f.6.C. of this rule to demonstrate compliance with the ground vibration and airblast limits listed in subparagraph 2.2.f.6.C and 2.2.f.6.D. 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.f.6.C. of this rule, and fifty is the applicable scaled distance factor.

2.2.f.6.F. For structures not listed in subsection 2.2.f.6.C. 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.f.6.C. 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.g. 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.g.1. 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.g.2. 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.g.3. 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.g.4. 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.h. Monitoring Records.

2.2.h.1. 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.h.2. Monitoring records, at a minimum, shall contain:

2.2.h.2.A. 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.h.2.B. 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.h.2.C. The results of a field calibration test for each channel.

2.2.h.2.D. 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.h.2.E. Frequency versus particle velocity plots as indicated in NFPA 495, Table 11.1.2.1(b).

2.2.h.2.F. The name of the individual taking the recording.

2.2.h.2.G. The GPS NAD 83 or 27 location of the monitoring instrument, and the date and time of the recording; and

2.2.h.2.H. The last calibration date of the monitoring instrument.

2.2.h.3. 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.i. Blasting Activity Registration.

2.2.i.1. "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.i.2. 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.i.2.A. The applicant's name, address, telephone number and type of business;

2.2.i.2.B. A contact person's name, title, and telephone number;

2.2.i.2.C. The identity of independent subcontractors who will be performing the blasting activity;

2.2.i.2.D. The type of explosive to be used;

2.2.i.2.E. The location of the blasting activity; and

2.2.i.2.F. Job duration and times of the blasting activity.

2.2.j. Blast logs.

2.2.j.1. 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.j.2. The blast log shall include as a minimum:

2.2.j.2.A. The name of the blasting activity applicant;

2.2.j.2.B. The date and time of the blast;

2.2.j.2.C. The location of the blast using GPS NAD 83 or 27 coordinate system;

2.2.j.2.D. 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.j.2.E. 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.j.2.F. The direction and distance to the closest utility not owned by the blasting activity applicant or its customer;

2.2.j.2.G. The type of material to be blasted;

2.2.j.2.H. The type of stemming/decking material used;

2.2.j.2.I. The measures taken to control flyrock, including whether or not mats were used;

2.2.j.2.J. The weather conditions including temperature, wind direction and estimated speed, cloud cover;

2.2.j.2.K. The total number of holes, diameters, depths, burdens, spacings, subdrill, top and deck stemming heights, pounds per hole;

2.2.j.2.L. Explosives product densities and pounds used and/or units, not including detonating cord;

2.2.j.2.M. The total weight in pounds of explosives and primer cartridges used;

2.2.j.2.N. The type and total length in feet of detonating cord(s) used;

2.2.j.2.O. 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.j.2.P. The type(s) of initiation system used;

2.2.j.2.Q. The maximum weight in pounds of explosives detonated per delay period of less than 8 milliseconds;

2.2.j.2.R. The scaled distance to the closest structure and/or utility not owned by the applicant or client;

2.2.j.2.S. The powder factor(s) in pounds per cubic yard, tons per pound, or pounds per square foot;

2.2.j.2.T. 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.f.6.C.;

2.2.j.2.U. 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.j.2.V. A technical illustration (sketch) showing typical borehole load cross sections;

2.2.j.2.W. The printed name, signature, and permit number of the blaster-in-charge for each blast; and

2.2.j.2.X. Any unusual conditions or comments.

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

2.3.a. 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.a.1. 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.a.2. 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.a.3. 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.a.3.A. 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.a.3.B. 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.a.3.C. 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.a.3.D. 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.a.3.E. 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.b. 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.a. 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.b. All fire protection extinguishment devices or systems not covered by subsection 2.4.a. 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.c. 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.

W. Va. Code R. § 87-1-2