This bill amends several sections of the Code of West Virginia concerning the State Fire Marshal's Office, focusing on the roles, responsibilities, and compensation of its personnel. A significant change is the establishment of a five-year term for the State Fire Marshal, who will be appointed by the Governor from a list provided by the Fire Commission, and the requirement for the State Fire Marshal to be exempt from the classified civil service system. The bill also clarifies the roles of the Chief Deputy Fire Marshal and Deputy Fire Marshals, designating them as law enforcement officers with statewide jurisdiction and outlining their responsibilities in enforcing fire safety laws. Additionally, a new salary schedule for law enforcement officers within the Office of the State Fire Marshal will take effect on July 1, 2026, which includes base pay and increases based on length of service.

Further provisions in the bill require the State Fire Marshal to obtain a search warrant before entering premises for investigation, with exceptions for permissive waivers or invitations. It also grants the State Fire Marshal the authority to take testimony under oath, issue subpoenas, and mandates training and liability coverage for those authorized to issue citations for fire and life safety violations. Only the Chief Deputy and Deputy Fire Marshals will be authorized to carry firearms while on duty, contingent upon meeting specific training requirements. The bill also recognizes the rights of honorably retired Deputy Fire Marshals to retain their uniforms and badges for ceremonial occasions and mandates reporting to county commissions and municipal authorities regarding fire investigations, while requiring insurance companies to cooperate with fire loss investigations. Overall, the bill aims to enhance the operational effectiveness and accountability of the State Fire Marshal's Office.

Statutes affected:
Introduced Version: 15A-10-1, 15A-10-3, 15A-10-6, 15A-10-25, 15A-10-1a, 15A-10-26