West Virginia 2021 Regular Session Status: Passed Senate 1 R cosponsors

SB 635 — Requiring State Fire Commission propose rules for sprinkler protection in basements of certain buildings

Last action — To House Government Organization

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

12 added · 180 removed

Plain-language change summary

The bill SB 635 has been amended to change certain fire safety requirements for emergency services buildings. Specifically, a new subsection was added to exempt buildings that only house equipment and do not have designated sleeping areas from the requirement to install automatic sprinkler systems. This change is significant because it reduces the regulatory burden on certain facilities, potentially allowing for cost savings while still maintaining safety for buildings that do not accommodate overnight staff.

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SB 635 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
SB635 SFA #1 Maynard 3-30 Fletcher  7835   Senator Maynard  moved to amend the bill on page three, section five, lines forty-six through fifty-six, by striking out all of subsection (h) and inserting in lieu thereof a new subsection (h), to read as follows:
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
NEWS RELEASES HELPFUL LINKS Engrossed Version « Senate Bill 635 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Green = existing Code.
Red = new code to be enacted WEST virginia legislature regular session Engrossed Committee Substitute for Senate Bill 635 By Senators Hamilton and Lindsay [Originating in the Committee on Government Organization;
reported on March 26, 2021]     A BILL to amend and reenact §15A-11-5 of the Code of West Virginia, 1931, as amended, relating to requiring the State Fire Commission to propose rules regarding specifically to sprinkler protection and fire protection requirements;
requiring sprinkler systems and compliance with fire protection requirements for basements exceeding 2,500 square feet in buildings constructed after certain date;
requiring sprinkler systems throughout buildings constructed after certain date housing emergency fire, rescue, or ambulance services;
and exempting emergency services buildings that house only equipment and do not have sleeping areas or quarters within them.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11.
FIRE COMMISSION.
§15A-11-5.
Promulgation of rules and statewide building code.
(a) The State Fire Commission shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
of this code to safeguard life and property and to ensure the quality of construction of all structures erected or renovated throughout this state through the adoption of a State Building Code.
The rule may include provisions regarding building construction, renovation, and all other aspects as related to the construction and mechanical operations of a structure.
The rule shall include building energy codes.
The rules shall be in accordance with standard safe practices so embodied in widely recognized standards of good practice for building construction and all aspects related thereto and have force and effect in those counties and municipalities adopting the State Building Code:
Provided, That each county or municipality may adopt the code to the extent that it is only prospective and not retroactive in its application.
(b) The State Fire Commission may establish advisory boards as it considers appropriate to encourage representative participation in subsequent rulemaking from groups or individuals with an interest in any aspect of the State Building Code or related construction or renovation practices.
(c) For the purpose of this section, the term “building code” is intended to include all aspects of safe building construction and mechanical operations and all safety aspects related thereto.
Whenever any other state law, county, or municipal ordinance, or regulation of any agency thereof, is more stringent or imposes a higher standard than is required by the State Building Code, the provisions of the state law, county, or municipal ordinance, or regulation of any agency thereof, governs if they are not inconsistent with the laws of West Virginia and are not contrary to recognized standards and good engineering practices.
In any question, the decision of the State Fire Commission determines the relative priority of any such state law, county, or municipal ordinance, or regulation of any agency thereof, and determines compliance with State Building Code by officials of the state, counties, municipalities, and political subdivisions of the state.
(d) Enforcement of the provisions of the State Building Code is the responsibility of the respective local jurisdiction.
Also, any county or municipality may enter into an agreement with any other county or municipality to provide inspection and enforcement services:
Provided, That any county or municipality may adopt the State Building Code with or without adopting the BOCA National Property Maintenance Code.
(e) After the State Fire Commission has promulgated rules as provided in this section, each county or municipality intending to adopt the State Building Code shall notify the State Fire Marshal of its adoption.
(f) The State Fire Commission may conduct public meetings in each county or municipality adopting the State Building Code to explain the provisions of the rules.
(g) The provisions of the State Building Code relating to the construction, repair, alteration, restoration, and movement of structures are not mandatory for existing buildings and structures identified and classified by the State Register of Historic Places under the provisions of §29-1-8 of this code or the National Register of Historic Places, pursuant to 16 U.S.C.
§470a.
Prior to renovations regarding the application of the State Building Code, in relation to historical preservation of structures identified as such, the authority having jurisdiction shall consult with the Division of Arts, Culture, and History, State Historic Preservation Office.
The final decision is vested in the State Fire Marshal.
Additions constructed on a historic building are not excluded from complying with the State Building Code.
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Action History

  1. To House Government Organization

  2. To Government Organization

  3. Introduced in House

  4. Ordered to House

  5. Effective from passage (Roll No. 270)

  6. Passed Senate (Roll No. 270)

  7. Read 3rd time

  8. Floor amendment adopted (Voice vote)

  9. On 3rd reading with right to amend

  10. Read 2nd time

  11. Laid over on 2nd reading 3/29/21

  12. On 2nd reading

  13. Read 1st time

  14. On 1st reading

  15. Committee substitute reported

  16. To Government Organization

  17. Introduced in Senate

  18. To Government Organization

  19. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (1)

  • Lindsay

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 635?
SB 635 is sponsored by Bill Hamilton (Republican) and Lindsay.
What is the current status of SB 635?
This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 635?
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