W. Va. Code R. § 87-6-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 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. § 87-6-5