Current through Register Vol. XLI, No. 50, December 13, 2024
Section 87-6-3 - Requirement and Authority of Recognition3.1. 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.