SB 856 — Extending State Fire Marshal inspections to include municipalities with certified fire code

CS for SB 856 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for Senate Bill 856 NOTE By Senator Morris [Introduced[Reported February 9,20, 2026;2026, from the Committee on Government Organization] CS for SB 856 A BILL to amend and reenact §15A-10-3 and §15A-10-5 of the Code of West Virginia, 1931, as amended, relating to extending State Fire Marshal inspections, generally, to include municipalities with certified fire code officials, certified fire code inspectors, and certified fire code plans examiners to perform duties in occupancies under the jurisdiction of the State Fire Marshal;

referred to the Committee on Government Organization;

and then to the Committee on Finance] Intr SB 856 2026R3739 A BILL to amend and reenact §15A-10-3 and §15A-10-5 of the Code of West Virginia, 1931, as amended, relating to extending State Fire Marshal inspections, generally, to include municipalities with certified fire code officials, certified fire code inspectors, and certified fire code plans examiners to perform duties in occupancies under the jurisdiction of the State Fire Marshal;

explaining how training and examination for Firefire Codecode Disciplinesdisciplines and Categoriescategories are completed;

CHAPTERARTICLE 15A.10.

DEPARTMENT OF HOMELAND SECURITY ARTICLE 10.

and (6) Any other thing necessary to carry into effect the provisions of this article and §15A-11- Intr SB 856 2026R3739 1 et seq.

1 CS for SB 856 (b) Assistance upon request. — Upon request, the State Fire Marshal shall assist any chief of any recognized fire company or department.

and (C) Public assembly occupancies.occupancies;

(2)(D) UncertifiedHotel fire officials, fire inspectors, and firedormitories; plans examiners who are employed by municipal fire departments shall be granted probationary status for a period not to exceed 2 years, Intr SB 856 2026R3739 during which the certification requirements shall be satisfied.

Upon(E) proofApartment ofbuildings; qualification for certification, the individual shall be certified in the respective categories listed in §15A-10-5.

(3)(F) AnyIndustrial municipalityoccupancies; or local governmental entity enforcing the State Fire Code may have designated code enforcers on a full-time, part-time, or on a contractual basis who are certified for the specific duties of a fire code official, fire code inspector, or fire code plans examiner for a single or multiple municipalities or local governmental entities.

(G) Storage occupancies;

and (H) Lodging or rooming houses.

2 CS for SB 856 (2) Uncertified fire officials, fire inspectors, and fire plans examiners who are employed by municipal fire departments shall be granted probationary status for a period not to exceed two years, during which the certification requirements shall be satisfied.

Upon proof of qualification for certification, the individual shall be certified in the respective categories listed in §15A-10-5 of this code.

(3) Any municipality or local governmental entity enforcing the State Fire Code may have designated code enforcers on a full-time, part-time, or contractual basis who are certified for the specific duties of a fire code official, fire code inspector, or fire code plans examiner for a single or multiple municipalities or local governmental entities.

(f) Investigations. — The State Fire Marshal may, at any time, investigate as to the origin or circumstances of any firefire, or explosionexplosion, or attempt to cause fire or explosion occurring in the state.

The State Fire Marshal has the authority at all times of the day or night, in performance of the duties imposed by the provisions of this article, to investigate where any firesfires, or explosionsexplosions, or 3 CS for SB 856 attempt to cause fires or explosions may have occurred, or which at the time may be burning.

Notwithstanding the above provisions of this subsection, prior to entering any building or premises Intr SB 856 2026R3739 for the purposes of the investigation, the State Fire Marshal shall obtain a proper search warrant: Provided, That a search warrant is not necessary where there is permissive waiver or the State Fire Marshal is an invitee of the individual having legal custody and control of the property, buildingbuilding, or premises to be searched.

(1) To arrest any person anywhere within the confines of the State of West Virginia, or have him or her arrested, for any violation of the arson-related offenses of §61-3-1 et seq. of this code or of the explosives-related offenses of §61-3E-1 et seq. of saidthis code: Provided, That any and all persons so arrested shall be forthwith brought before the magistrate or circuit court: Provided, however, That the State Fire Marshal, any full-time deputy fire marshalmarshal, or any full-time assistant fire marshal is authorized to arrest persons for violations of §61-5-17 of this code.

(2) To make complaint in writing before any court or officer having jurisdiction and obtain, serve, and execute an arrest warrant when knowing or having reason to believe that anyone has 4 CS for SB 856 committed an offense under any provision of this article, of the arson-related offenses of §61-3- Intr SB 856 2026R3739 1 et seq. of this codecode, or of the explosives-related offenses of §61-3E-1 et seq. of this code.

(3) To make a complaint in writing before any court or officer having jurisdiction and obtain, serve, and execute a warrant for the search of any premises that may possess evidence or unlawful contraband relating to violations of this article, of the arson-related offenses of §61-3-1 et seq. of this codecode, or of the explosives-related offenses of §61-3E-1 et seq. of saidthis code.

(j) Deputizing members of fire departments in this state. — The State Fire Marshal may deputize a member of any fire department, duly organized and operating in this state, who is approved by the chief of his or her department and who is properly qualified to act as his or her assistant for the purpose of making inspections with the consent of the property owner or the person in control of the property and the investigations as may be directed by the State Fire Marshal, and the carrying out of orders as may be prescribed by him or her, to enforce and make Intr5 CS for SB 856 2026R3739 effective the provisions of this article and any and all rules promulgated by the State Fire Commission under authority of this article: Provided, That in the case of a volunteer fire department, only the chief thereof or his or her single designated assistant may be so deputized.

(k) Written report of examinations. — The State Fire Marshal shall, at the request of the county commission of any county or the municipal authorities of any incorporated municipality in this state, make to them a written to them report of the examination made by him or her regarding any fire happening within their respective jurisdictions.

Intr SB 856 2026R3739 (n) Issuance of citations for fire and life safety violations.

— The State Fire Marshal, any 6 CS for SB 856 deputy fire marshal, and any assistant fire marshal employed pursuant to this article, and any person deputized pursuant to subsection (j) of this section may be authorized by the State Fire Marshal to issue citations, in his or her jurisdiction, for fire and life safety violations of the State Fire Code and as provided for by the rules promulgated by the State Fire Commission in accordance with §15A-11-1 et seq. of this code: Provided, That a summary report of all citations issued pursuant to this section by persons deputized under subsection (j) of this section shall be forwarded monthly to the State Fire Marshal in the form and containing information as he or she may by rule require, including the violation for which the citation was issued, the date of issuance, the name of the person issuing the citation, and the person to whom the citation was issued.

The course shall be approved by the Law- enforcement Training Subcommittee of the Governor’s Committee on Criminal Justice and Intr SB 856 2026R3739 Highway Safety and the State Fire Commission.

In addition, no person deputized pursuant to subsection (j) of this section may be authorized to issue a citation until evidence of liability 7 CS for SB 856 coverage of the person has been provided, in the case of a paid municipal fire department, by the municipality wherein the fire department is located, or in the case of a volunteer fire department, by the county commission of the county wherein the fire department is located, or by the municipality served by the volunteer fire department and that evidence of liability coverage has been filed with the State Fire Marshal.

(r) The State Fire Marshal, any full-time deputy fire marshal, or any full-time assistant fire marshal employed by the State Fire Marshal, pursuant to this article may carry a firearm while Intr SB 856 2026R3739 acting in the course of his or her official duties, if he or she has successfully completed a firearms training and certification program equivalent to that provided to officers attending the entry level law-enforcement certification course provided at the West Virginia State Police Academy.

The 8 CS for SB 856 person shall thereafter successfully complete an annual firearms qualification course equivalent to that required of certified law-enforcement officers as established by legislative rule.

of this code, establishing state standards and fee schedules for the licensing, registration, certification, regulationregulation, and continuing education of persons which will conduct inspections relating to the State Building Code and the State Fire Code, which include, but are not limited to, building code and fire code officials, inspectors, plans examiners, and home inspectors.

(B) Fire Code Inspector – NFPA Certified Fire Protection Specialist, or NFPA Certified Fire Intr SB 856 2026R3739 Inspector.

(b) The State Fire Marshal shall propose rules for legislative approval requiring applicants 9 CS for SB 856 for home inspector licensing, registration, or certification to submit to a state and national criminal history record check as set forth in this section and may deny licensing, registration, or certification based upon the results of the criminal history record check.

NOTE:

The purpose of this bill is to extend State Fire Marshal inspections, generally, to include municipalities with certified fire code officials, certified fire code inspectors and certified fire code plans examiners to perform duties in occupancies under the jurisdiction of the State Fire Marshal;

to clarify the difference between certified and uncertified fire officials, fire inspectors, and fire plans examiners;

to explain how training and examination for Fire Code Disciplines and Categories are completed;

and to delineate the approved categories of examinations.