W. Va. C.S.R. § 87-1-1 et seq. § §87-1-2

§ 87-1-2. National Standards and Codes.

    2.1. The standards and requirements as set out and established by NFPA 1 of the 2021 edition of "The

National Fire Codes" published by the National Fire Protection Association (“NFPA”) and has the same
force and effect as if set out verbatim in this rule and is hereby adopted and promulgated by the State Fire
Commission as a part of the State Fire Code with the following exceptions or additions:

      2.1.1. NFPA 101 2021 edition is adopted in full, as opposed to the limited capacity as set forth in
NFPA 1, with the following additions:

             2.1.1.a NFPA 101 section 11.8 is adopted in full with the following additions:

                 2.1.1.a.1. Any new building or structure more than 75 feet in height, measured from the
lowest level of fire department vehicle access to the floor of the highest normally occupied space used for
human occupancy of the structure, is subject to this paragraph for high rise buildings. This rule shall not
nullify or interfere with existing city high rise ordinances or local laws previously adopted prior to
September 8, 1975 relative to high rise buildings. Industrial occupancies not occupied as business offices
are exempted from the provisions of this paragraph.

                 2.1.1.a.2. Addition of Floors to Existing Buildings. -- Whenever floors are added to an
existing building, which previously was not a high rise, causing the building to become a high rise, the
building shall qualify as a new building for purposes of this rule.

                 2.1.1.a.3. Automatic Fire Protection Systems. -- Any building or structure as defined in
subparagraphs 2.1.1.a.1. or 2.1.1.a.2. or Table 2.2. 1. of this rule and used for human occupancy shall have
an approved automatic fire extinguishing system throughout the entire building and standpipe systems
installed in accordance with The National Fire Codes, adopted under Section 2 of this rule. Class I Manual
Standpipe Systems may be used up to 75 feet as adopted by NFPA 14, Standard for Standpipe Systems.
The fire alarm system of a high-rise building shall conform to the Standards imposed by this rule.

                  2.1.1.a.4. Fire Department Voice Communication System. -- A High rise building or
structure used for human occupancy that is 75 feet in height or greater as measured in accordance with
subparagraph 2.1.1.a.1. of this Section shall have an approved electrically supervised fire department voice
communication system. The Fire Department Voice Communication System shall be located at each floor
level of stair enclosures, elevator lobbies, the penthouse and in any elevator designated for fire department
use. This system shall be a telephone jack system unless specifically approved otherwise by the designated
fire authority having jurisdiction.

                  2.1.1.a.5. High Rise Central Control Station. -- In every high rise building as defined in
subparagraphs 2.1.1.a.1. and 2.1.1.a.2. of this section, a central control station for fire department operations
shall be provided in a location approved by the State Fire Marshal or the designated local fire authority.
The Central Control Station shall contain: (1) the fire department voice communication system panel when
required, (2) fire detection and alarm system panels, (3) status indicators for the heating, ventilation, and
air conditioning (HVAC), smoke control system, fire pumps and emergency generator and a (4) telephone
approved by designated fire authority having jurisdiction. Emergency lighting shall be provided at the
Central Control Station.

                 2.1.1.a.6. Emergency Power. -- A permanently installed emergency power generation
system conforming to The National Fire Codes adopted by section 2 of this rule shall be provided in every
high rise building 75 feet in height or greater, as measured in accordance with subparagraph 2.1.1.a.1. of
this section. All power, lighting, signal, and communication facilities, required by this rule or otherwise,
shall be transferable automatically to the emergency power system. The emergency power system shall be
of sufficient capacity to provide service for, but not limited to, the following:

                     2.1.1.a.6.A. the Fire Alarm System;

                     2.1.1.a.6.B. Exit & Other Emergency Lighting;

                     2.1.1.a.6.C. Fire Protection Equipment;

                     2.1.1.a.6.D. the Smoke Management System;

                     2.1.1.a.6.E. the Fire Department Elevator;

                     2.1.1.a.6.F. the Fire Department Voice Communication System; and

                     2.1.1.a.6.G. the Fire Pumps.

                 2.1.1.a.7. Smoke Management. -- In all high rise buildings as defined in subparagraphs
2.1.1.a.1. and 2.1.1.a.2. of this section, a smoke management system designed in accordance with NFPA
92 Smoke-Control Systems, shall be provided and acceptable to the State Fire Marshal.

                 2.1.1.a.8. Floor Designation. -- All stairway doors, both on the stairway and entrance
side, shall indicate the floors by number. The floor number shall be in at least 6 inch block letters in a
contrasting color.

       2.1.2. Except as otherwise provided in this rule, the standards set forth in section 2.2. of NFPA 1
are modified as follows:

            2.1.2.a. NFPA 5000 is excluded in its entirety;

            2.1.2.b. NFPA 472 is excluded in its entirety;

            2.1.2.c. NFPA 120 is excluded in its entirety;

            2.1.2. d. NFPA 101A is excluded in its entirety.

          2.1.3. Except as otherwise provided in this rule, the following NFPA standards are incorporated as
if set forth fully in this subdivision:

              2.1.3.a. The referenced codes and standards found in the National Fire Protection Association
NFPA 1 (2021 Edition), Referenced Publications, NFPA Publications shall be incorporated in this rule in
its entirety.

             2.1.3.b. SUPPLEMENT VOLUME 1: Tentative Interim Amendment to NFPA 70,
Revise Article 517.41(E) to read as follows: (E) Receptacle Identification. The cover plates for the electrical
receptacles or the electrical receptacles themselves supplied from the essential electrical system shall have
a distinctive color or marking so as to be readily identifiable. [99:6.5.2.2.4.2]

        2.1.4. All Plan Reviews conducted shall meet the requirements of the State Fire Code, NFPA 1
Sections 1.7.12 through 1.7.14, NFPA 1 Section 1.14, NFPA 101, and other applicable NFPA codes. All
Inspections conducted shall meet the requirements of the State Fire Code, NFPA 1 Section 1.7.7, NFPA
101, and other applicable NFPA codes.

            2.1.4.a. The owner or occupant of a new building, existing Industrial and Storage occupancies,

or an existing building that has had 50% or more of the space renovated or reconstructed, shall obtain a
certificate of occupancy including but not be limited to the State Fire Marshal’s Office alone, before the
building is occupied or used for its intended purpose.

             2.1.4.b. The projects, where applicable, shall be designed by an Architect licensed by the West
Virginia Board of Architects or a Professional Engineer licensed by the West Virginia State Board of
Registration for Professional Engineers. Any such licensed professional shall affix his or her seal to the
design documents per the respective licensing board and obtain a review approval from the Authority
Having Jurisdiction (“AHJ”) prior to construction or noted renovation or reconstructed as noted in part
2.1.1.1.3.1. of this rule.

             2.1.4.c. The State Fire Marshal’s Office shall provide a system for the electronic filing of all
documents submitted for the plan review of projects, including payments, attachments, drawings, or other
requirements. The State Fire Marshal’s Office shall have the system in place by January 1, 2025. After
that date, the owner or occupant applying for a final inspection or certificate of occupancy shall submit all
documents for a plan review electronically.

            2.1.4.d. The appropriate AHJ shall complete a plan review for a project within 45 days of
receiving the project plan’s submission. If the submitted project plans do not meet the requirements of this
subdivision, the AHJ shall notify the owner or occupant of the project plan’s deficiencies with specificity.
The owner or occupant has 10 days to submit additional required documentation to the AHJ. The AHJ has
10 days to complete the plan review once all of the requirements of this subdivision have been met.

    2.2. For purposes of this rule, the following shall be in addition to any standard set forth in NFPA 1,
or NFPA 101.

        2.2.1. Sprinkler Protection and Area Limitations.

             2.2.1.a. Approved automatic sprinkler systems in accordance with the applicable NFPA
Standard for Sprinkler Systems will be installed in all new buildings used for any occupancy except for
Industrial occupancies: Provided, That if the Industrial Occupancy is classified as a high hazard occupancy,
NFPA approved automatic sprinkler or suppression systems will be installed. Storage occupancies that are
high hazard would also have to be sprinkled or suppression systems installed, including buildings
containing high-piled storage, bulk storage of tires, and new mini-storage buildings built after the effective
date of this rule, as identified in NFPA 1, Section 13.3.2.26. Existing mini-storage buildings constructed
and established prior to the effective date of this rule shall not be required to be retrofitted with automatic
sprinkler or suppression systems. High hazard occupancies would also have to be sprinkled or suppression
systems installed, unless an applicable code or standard allowed for an exemption from the height and area
requirements if the building or structure was of Type I and II construction as previously described; others
exceeding the area limitations noted in the chart at the end of this subsection, or as required by occupancy
chapters of the applicable NFPA codes and other NFPA codes, where no conflicts in the language exist.
Sprinkler protection for occupancies covered by section 2 of this rule are required to provide sprinkler
protection regardless of area limitations. See Table 2.2.1. below.

               2.2.1.b. All residential occupancies, except one- and two-family dwellings, shall
prominently display signage stating whether the building contained an approved automatic sprinkler and
whether the windows are capable of being opened or broken in an emergency.

                                             TABLE 2.2.1.
                              SPRINKLER PROTECTION & AREA LIMITATION**
                                           BUILDING HEIGHT

Type of                                     1                2                More than 2            More than                   More than
Construction                                Story            Story            Stories and            40 feet                     75 feet
                                                                              Up to 40 ft.
Type I
   443
           Fire Resistive                   60,000           60,000           40,000                 35,000                      High Rise

     332
           Fire Resistive                   40,000           40,000           30,000                 25,000                      High Rise
Type II
   222
           Protected Non-Com.               35,000           25,000           10,000                 Sprinklered                 High Rise
     111
           Protected Limited                30,000           20,000           8,000                  Sprinklered                 High Rise
           Combustible
     000
           Unprotected Limited 12,000                        8,000            Sprinklered            Not Permitted            Not Permitted
           Unprotected Non-Com.

Type III
   211
        Protected Ordinary                  14,000           14,000           Sprinklered            Not Permitted            Not Permitted

     200
           Non-Protected                    9,000            6,000            Sprinklered            Not Permitted            Not Permitted
           Ordinary

Type IV
   2HH
       Heavy Timber                         15,000           15,000           Sprinklered            Not Permitted            Not Permitted

Type V
   111
           Protected Wood                   11,500           11,500           Sprinklered            Not Permitted            Not Permitted
           Frame

     000
           Non-Protected                    6,000            6,000            Not Permitted Not Permitted                     Not Permitted
           Wood Frame

**Notes to Table 2.2.1:

     (1) The word "area" means that area enclosed by exterior or foundation walls, fire walls, or a combination of exterior or foundation
     walls. A fire wall shall be constructed in accordance with NFPA 221, Standard for Fire Walls and Fire Barrier Walls, with a minimum
     of a 2 hour fire rating.

     (2) The phrase "not permitted" means that buildings of these heights are not permitted for the type of construction indicated.

     (3) The phrase "High Rise" means that the building shall also comply with subsection 2.1. of this Rule.

    (4) Types of building construction indicated in the chart are located in NFPA 220 and 221, Standard on Types of Building Construction.

    (5) Exception: Automatic sprinklers shall not be required in open parking structures as defined in NFPA 88A of Type I or Type II
    construction that are less than 40 feet in height as measured per part 2.1.1.a.1. of this Rule.

         2.2.2. Sprinkler Protection (Certain Occupancies).

              2.2.2.a. In Lodging and Rooming occupancies, a sprinkler system shall not be required where
there is directing outside exiting from each sleeping room and an approved electrically supervised fire alarm
system is installed.

              2.2.2.b. Homes or institutions caring for more than three patients shall meet the requirements
of this section.

            2.2.2.c. Buildings commencing construction after July 1, 2023, housing emergency fire,
rescue, or ambulance services shall be protected throughout by approved automatic sprinkler systems;
Provided, That emergency services buildings that house only equipment, are less than 5,000 square feet,
and do not have designated sleeping areas or quarters within them, regardless of when constructed or
commencing construction, are exempt from this requirement.

         2.2.3. Fire Alarm System.

               2.2.3.a. General Requirements for All Occupancies.

                2.2.3.a.1. The following requirements apply in addition to NFPA 101, Life Safety Code,
Chapter 9, Section 9.6, Chapters 11 through 43, and other applicable NFPA codes as adopted by this Rule:

                      2.2.3.a.2. All Hotels that are 3 or more stories high and Motels that are 3 or more
stories high, shall be tied into a listed central supervising station or a communication center with 24-hour
supervision which is responsible for receiving emergency calls.

                          2.2.3.a.3. Exception: Hotels and motels with direct to outside exits from all guests’
rooms.

         2.2.4. Hood Exhaust and Fire Suppression for Limited Use Food Preparation Facilities.

            2.2.4.a. Commercial cooking in limited use food preparation facilities – NFPA 1 Chapter 50
shall be amended to read as follows:

                    (1) "Limited use food preparation facilities" are defined as stationary, stand-alone or
                         individual food preparation booths which cook and serve food for short periods of
                         time throughout the year, not to exceed 15 days per year: Provided, That an individual
                         food preparation booth may not be attached to any larger structure where persons
                         reside. This exception does not apply to mobile food operations as food trucks.

                    (2) Existing fire code rules for the installation of ventilation hoods and automatic fire
                         suppression may not apply to limited use food preparation facilities.

                    (3) There is hereby established an equipment requirement for each limited use food
                         preparation facility, including but not limited to an appropriate number of fire
                         extinguishers for the correct fire suppression type for the conditions of the limited use

                    food preparation facility. These requirements include, but are not limited to, the
                    following:

                       a. The requirement of a handheld fire extinguisher for grease fires if cooking
                          grease and oils are produced or used;

                       b. A fully charged fire extinguisher for each 1000 square feet of floor space where
                          cooking is done, with a minimum of two;

                       c. Persons working in a limited use food preparation facility shall be minimally
                          trained in the dangers of cooking fires and the use of the fire extinguishers;

                       d. The cooking equipment of the limited use food preparation facility shall be
                          constantly monitored any time it is in operation;

                       e. A reasonable amount of ventilation and air flow shall be utilized to disperse
                          fumes and "vaporized grease" from any cooking activities;

                       f.   Performing leak checks and corrective action for all fuel-fired cooking
                            appliances and piping prior to its operational use;

                       g. Providing regular general housekeeping and cleaning within each cooking area
                          including spillage of animal fats and oils; and,

                       h. Providing 10 feet separation from each adjacent structure constructed with
                          combustible wall construction. This shall also include those using cooking
                          appliance on the outside of these structures.

       2.2.5. Requirements for Educational Occupancies.

          2.2.5.a. Classroom door locking to prevent unwanted entry- NFPA 101 section 15.2.2.2.4 shall
be amended to read as follows:

               (1) the locking mechanism shall be capable of being engaged without opening the door.

               (2) The unlocking and unlatching from the classroom side of the door can be accomplished
                   without the use of a key, tool, or special knowledge or effort.

               (3) Locks, if remotely engaged, shall be unlockable from the classroom side of the door
                   without the use of a key, tool, or special knowledge or effort.

               (4) the locking means shall not modify the door closer, panic hardware, or fire exit
                   hardware, provided that any device purchased and approved by the Fire Marshal prior
                   to July 1, 2020, is exempt from this subdivision.

               (5) Two non-simultaneous releasing operations shall be permitted.

               (6) The temporary door locking device can be opened by school staff, school
                   administrators, and first responders from the ingress side of the door, provided that any

                     device purchased and approved by the Fire Marshal, prior to July 1, 2020, is exempt
                     from this subdivision if the school has notified the first responders that it is exempt
                     from this subdivision.

                 (7) Modifications to fire door assemblies, including door hardware shall be in accordance
                     with NFPA 80.

                 (8) Staff shall be drilled in the engagement and release of the locking means, from within
and outside the room, as part of the emergency egress drills required by 14.7.2.

                 (9) Any locking mechanism purchased, installed, or utilized pursuant to this section shall
                     be approved by the State Fire Marshal in accordance with policies promulgated by him.

                 (10) In addition, a temporary door locking device shall only be used under the following
conditions:
                           a.    Proof is provided by the administrative authority of a school building
that a school safety plan has been adopted and filed; and

                           b.     The temporary door locking device shall only be used in an emergency and
during active shooter drills; and

                          c.   During any type of training event, the temporary door locking device is
engaged only by a staff member of the school building; and

                            d.    The temporary door locking device shall only be engaged for a
finite period of time as determined by the administrative authority of a school building in accordance with
the approved and adopted school safety plan or during an actual active shooter event until first responders
instruct them to disengage the said device;

                              e.    Proof is provided by the administrative authority of a school building
that all appropriate fire responder agencies having jurisdiction for the school building have been notified
prior to the use of the temporary door locking device; and

                           f.    In-service training on the use of the temporary door locking
device is provided for school staff members and local first responders; records verifying this training
shall be maintained on file and provided to the State Fire Marshal’s Office upon request.

              2.2.5.b. All Modular classroom structures with Manufacturer’s Statements of Origin after
January 1, 2018, shall be considered a new building and fall under New Educational Occupancy
requirements of NFPA 101 Code. All other classroom structures with Manufacturer’s Statements of
Origin prior to January 1, 2018, shall be considered an existing building and fall under Existing
Educational Occupancy requirements of NFPA 101 Code, regardless of the date of installation of the
structure at the educational facility’s location.

        2.2.6. Explosives.

           2.2.6.a. As soon as practical after all loaded blast holes (shot) are linked, they shall be
immediately connected to a source of ignition and fired by a person legally permitted to do so.

            2.2.6.b. Pre-loading blast holes (shots) to be fired at a later time are prohibited unless a waiver
has been granted to do so by the State Fire Marshal.

             2.2.6.c. Section 4.6.2 of the National Fire Protection Association (NFPA) 495, Explosive
Material Code, the provisions of which are incorporated in NFPA 1 and adopted by reference in subsection
2.1 of this rule, is amended to provide that persons 18 years and older may be issued a Class G Special
“Helper” permit to use explosives.

            2.2.6.d. A valid explosives storage permit shall be obtained from the State Fire Marshal for
any explosives stored overnight. Provided that type III portable magazines and type V trailers which have
not been disabled for over the road use shall not be counted as magazines for the purposes of the storage
permit only. Also provided that a storage permit for explosives stored exclusively underground shall not be
required.

            2.2.6.e. A valid permit to use explosives (“Blaster License”) shall be obtained from the State
Fire Marshal for all persons detonating explosives for legal purposes and persons possessing and handling
explosives. Exception: persons handling and possessing explosives for the sole purpose of inventory and
accounting, and who also shall possess an “Employee Possessor/Responsible Person” clearance as issued
by the Bureau of Alcohol, Tobacco, Firearms and Explosives where applicable.

            2.2.6.f. Control of Adverse Effects.

                 2.2.6.f.1. Blasting shall be conducted in a manner that prevents injury to persons and
damage to public or private property outside the permit or blast area for which blasting activity occurs. For
purposes of this rule, the definition of blast area is the area in which concussion (shock wave), flying
material, or gases from an explosion can cause injury to persons (NFPA 495).

                2.2.6.f.2. “Flyrock” defined as rock, mud, or debris (excluding dust or detonation
byproducts) ejected from the blast site by the force of a blast, shall not be cast beyond the operational
boundary of the permit or blast area.

                       2.2.6.f.2.A. If flyrock is cast beyond the operational boundary of the permit or blast
area, the licensed blaster shall notify the State Fire Marshal by telephone within 2 hours after learning of
the flyrock incident, and submit a flyrock incident report to the State Fire Marshal within 3 business days
after learning of the incident. The report shall be signed by the blaster-in-charge who conducted the blast.
The report shall include, at a minimum, a copy of the blast record and all available seismograph data, a
sketch of the blast site and rock deposition area, and a detailed explanation of: how the blasts were designed
and loaded; who witnessed the blasts and where they were located and what they observed; the location and
nature of the flyrock deposition (including property owners, type and approximate number of rocks, size
and distance range), property damages (if any) and personal injuries (if any); the probable cause of the
flyrock incident; and the corrective measures to be taken to prevent another flyrock incident.

                  2.2.6.f.3. Ground vibration, when measured at any dwelling, public or commercial
building, school, church, dam, earthen impoundment, or community or institutional building located outside
the operational boundary of the permit or work area not owned or leased by the permitee, shall not exceed
the limitations as defined and illustrated in NFPA 495, Section 11.1.2.1(a). Provided, that the requirements
set forth in this subsection shall not apply to blasting operations on surface coal extraction sites, and
quarries otherwise permitted and regulated by the West Virginia Department of Environmental Protection,
Office of Explosives and Blasting within the Division of Mining and Reclamation. Alternatively, a waiver
of this requirement from the owner of the structure may be filed with the State Fire Marshal's Office.

                   2.2.6.f.4. Airblast, when measured at any dwelling or building listed in subparagraph
2.2.6.f.3. of this rule shall be in compliance with NFPA 495, Table 11.2. Air Overpressure Limits.

Table 11.2 Air Overpressure Limits

                    Lower Frequency of Measuring
                                System
                            [Hz (+/- 3 dBL)                Measurement Level (dBL)
                    0.1 Hz or lower – flat response*              134 peak
                      2 Hz or lower- flat response                133 peak
                     6 Hz or lower – flat response                129 peak
                     C-Weighted – slow response*                  105 peak

        *Only where approved by the state fire marshal.

                 2.2.6.f.5. A seismograph shall be used beside the nearest dwelling or building listed in
subparagraph 2.2.6.f.3. of this rule to demonstrate compliance with the ground vibration and airblast limits
listed in subparagraph 2.2.6.f.3. and 2.2.6.f.4. of this rule. As an alternate to seismographic monitoring, the

blast shall comply with scaled distance equation, W = (D/50 )2, where W is the maximum weight of
explosives, in pounds, that can be detonated within any period less than 8 milliseconds, D is the distance,
in feet, from the nearest blasthole to the nearest dwelling or building listed in subsection 2.2.6.f.3 of this
rule, and fifty is the applicable scaled distance factor.

                  2.2.6.f.6. For structures not listed in subsection 2.2.6.f.3. of this rule, such as oil or gas
wells, oil or gas transmission and distribution lines, high-voltage steel transmission towers, public water
lines, and silos, located outside the operational boundary of the blasting operation not owned or leased by
the permittee, a seismograph shall be used beside the nearest structure to demonstrate that the peak particle
velocity did not exceed 2.0 inches per second. As an alternate to seismographic monitoring, the blast shall
comply with scaled distance equation, W = (D/50)2, where W is the maximum weight of explosives, in
pounds, that can be detonated within any period less than 8 milliseconds, D is the distance, in feet, from the
nearest blasthole to the nearest dwelling or building listed in subparagraph 2.2.6.f.3. of this rule, and fifty
is the applicable scaled distance factor. Alternatively, a waiver of this requirement from the owner of the
structure may be filed with the State Fire Marshal's Office.

        2.2.7. Monitoring instruments – All seismographs used to prove compliance with the ground
vibration and airblast limits required by this rule shall be deployed in the field according to the ISEE Field
Practice Guidelines for Blasting Seismographs (2009 Edition). Whenever possible, the seismographic
measurement shall be made within 10 feet of the building or structure being monitored, on the side of the
building or structure closest to the blast site.

            2.2.7.a. A monitoring instrument for recording ground vibration, at a minimum, shall have:

                 a. A frequency range of 2 Hz to 250 Hz;

                 b. Particle velocity range of .02 to 4.0 inches per second or greater; and

                 c. An internal dynamic calibration system.

            2.2.7.b. A monitoring instrument used to record airblast shall have:

                 a. A lower frequency limit of 0.1, 2.0 or 6 Hz;

                 b. An upper end flat-frequency response of at least 250 Hz; and

                 c. A dynamic range that, at a minimum, extends from 106 to 142 dBL.

              2.2.7.c. A monitoring instrument shall be calibrated annually and when an instrument is
repaired and then the repair may effect the response of the instrument. Calibration shall be done by the
manufacturer of the equipment, or by an organization approved by the manufacturer, or by an organization
having verifiable knowledge of the calibration procedures developed by the manufacturer. The calibration
procedure shall include testing the response of the entire system to externally-generated dynamic inputs.
These inputs shall test the entire monitoring system at a sufficient number of discrete frequency intervals
to assure flat response throughout the frequency ranges specified by this rule. Dynamic reference standards
used for calibration shall be traceable to the National Institute of Standards and technology (NIST).
Calibration procedures and documentation of calibration shall immediately be made available upon demand
by the State Fire Marshal, or other law enforcement or regulatory personnel.

             2.2.7.d. A certificate that indicates the name of the calibration facility, the calibration
technician, the date of calibration and frequency range of the airblast monitor shall be made available upon

request by the State Fire Marshal, or other law enforcement or regulatory agency.

        2.2.8. Monitoring Records.

              2.2.8.a. Any person who operates a seismograph for the purpose of demonstrating compliance
with the ground vibration and airblast limits of this rule shall receive appropriate training for the specific
seismograph model(s) in use in: programming the seismograph(s) to record the blast; positioning the
geophone and microphone; coupling the geophone to the ground; extracting the data after the blast in digital
and printed forms; and understanding the results. Such training shall be received from a representative of
the seismograph manufacturer or distributor, or other competent person(s). A record of such training shall
be maintained by the seismograph operator or his or her employer, and made immediately available for
inspection by the State Fire Marshal or other law enforcement or regulatory agency. All persons who
operate a seismograph for the purpose of demonstrating compliance with the ground vibration and airblast
limits of this rule shall also receive refresher training every two years.

               2.2.8.b. Monitoring records, at a minimum, shall contain:

                2.2.8.b.1. A calibration pulse on each of the mutually-perpendicular ground vibration
traces. These pulses shall represent the dynamic response of the entire recording system to an internally-
generated calibration signal, and shall allow the State Fire Marshal, or other law enforcement or regulatory
personnel to verify that the seismograph is recording ground vibration to its specific accuracy.

                 2.2.8.b.2. The time history of particle velocities for three mutually perpendicular ground
vibration traces and one air-overpressure trace, including time base, amplitude scales and peak values for
all traces.

                   2.2.8.b.3. The results of a field calibration test for each channel.

              2.2.8.b.4. The frequency content of all vibration signals using either single degree of
freedom (SDF) response spectrum, Fast Fourier Transform (FFT) or half-cycle zero-crossing analysis
methods.

                   2.2.8.b.5. Frequency versus particle velocity plots as indicated in NFPA 495, Table
11.1.2.1(b).

                   2.2.8.b.6. The name of the individual taking the recording.

                 2.2.8.b.7. The GPS NAD 83 or 27 location of the monitoring instrument, and the date and
time of the recording; and

                   2.2.8.b.8. The last calibration date of the monitoring instrument.

            2.2.8c. If the State Fire Marshal questions the validity of a ground vibration or airblast record,
or the interpretation of the record, the State Fire Marshal may require a ground vibration or airblast
recording to be analyzed or certified by the seismograph company supplying and calibrating the
seismograph. When the State Fire Marshal requires that a recording be analyzed or certified, it shall be
performed and included with the blast report within 30 days.

        2.2.9. Blasting Activity Registration.

               2.2.9.a. "Applicant" is defined as any user of commercial explosives that has obtained

applicable Bureau of Alcohol Tobacco & Firearms (“BATF”) clearances and intends to legally detonate
any amount of commercial explosives for authorized purposes.

             2.2.9.b. An agency approved form shall be submitted for any and all blasting activity,
excluding surface coal extraction activities already permitted by the West Virginia Department of
Environmental Protection, Office of Explosives and Blasting within the Division of Mining and
Reclamation, to the State Fire Marshal no less than 2 business prior to the blasting activity commencing,
and shall include the following information:

                2.2.9.b.1. The applicant’s name, address, telephone number and type of business;

                2.2.9.b.2. A contact person’s name, title, and telephone number;

                2.2.9.b.3. The identity of independent subcontractors who will be performing the blasting
activity;

                2.2.9.b.4. The type of explosive to be used;

                2.2.9.b.5. The location of the blasting activity; and

                2.2.9.b.6. Job duration and times of the blasting activity.

        2.2.10. Blast logs.

             2.2.10.a. Blast logs shall be maintained for a period of five years by anyone conducting blasting
activities. Those logs shall immediately be made available upon demand by the State Fire Marshal, or other
law enforcement or regulatory personnel.

            2.2.10.b. The blast log shall include as a minimum:

                2.2.10.b.1. The name of the blasting activity applicant;

                2.2.10.b.2. The date and time of the blast;

                2.2.10.b.3. The location of the blast using GPS NAD 83 or 27 coordinate system;

                 2.2.10.b.4. The owner name and address or the GPS NAD 83 or 27 coordinates of the
nearest building location not owned by the blasting activity applicant or customer;

               2.2.10.b.5. The direction and distance in feet from the blast site to the nearest structure not
owned by the blasting activity applicant or its customer;

                 2.2.10.b.6. The direction and distance to the closest utility not owned by the blasting
activity applicant or its customer;

                2.2.10.b.7. The type of material to be blasted;

                2.2.10.b.8. The type of stemming/decking material used;

                2.2.10.b.9. The measures taken to control flyrock, including whether or not mats were
used;

                2.2.10.b.10. The weather conditions including temperature, wind direction and estimated
speed, cloud cover;

              2.2.10.b.11. The total number of holes, diameters, depths, burdens, spacings, subdrill, top
and deck stemming heights, pounds per hole;

                   2.2.10.b.12. Explosives product densities and pounds used and/or units, not including
detonating cord;

                   2.2.10.b.13. The total weight in pounds of explosives and primer cartridges used;

                   2.2.10.b.14. The type and total length in feet of detonating cord(s) used;

                2.2.10.b.15. The type, length, delay period(s), of each detonator and the total quantity each
type of detonator used: Provided, that for the purposes of this subparagraph, if an electronic detonator is
used, a delay period is not required to be reported on the blast log;

                   2.2.10.b.16. The type(s) of initiation system used;

                 2.2.10.b.17. The maximum weight in pounds of explosives detonated per delay period of
less than 8 milliseconds;

                 2.2.10.b.18. The scaled distance to the closest structure and/or utility not owned by the
applicant or client;

                   2.2.10.b.19. The powder factor(s) in pounds per cubic yard, tons per pound, or pounds per
square foot;

                 2.2.10.b.20. The monitoring records required shall be made a part of the blast report within
24 hours of the blast if required by subparagraph 2.2.6.f.3.;

                 2.2.10.b.21. A technical illustration (sketch) showing north arrow, the direction to the
nearest structure and/or utility, the arrangement of blast hole burdens and spacings, firing time(s) and/or
delay patterns for each blast charge, point of initiation, and free faces;

                   2.2.10.b.22. A technical illustration (sketch) showing typical borehole load cross sections;

                   2.2.10.b.23. The printed name, signature, and permit number of the blaster-in-charge for
each blast; and

                   2.2.10.b.24. Any unusual conditions or comments.

    2.3. Necessity of Installation and Maintenance of Carbon Monoxide Alarms or Detectors.

        2.3.1. An operational single station carbon monoxide detector with a suitable alarm or a
combination smoke detector and carbon monoxide detector, which shall be alternating current (AC)
powered with battery backup shall be in all new construction; and, in existing construction, shall either be
plugged directly into an electrical outlet that is not controlled by a switch or hardwired into an alternating
current (AC) electrical source, with battery backup. Carbon Monoxide Alarms or Detectors shall be

installed, maintained, tested, repaired, or replaced, if necessary, in accordance with the manufacturer’s
direction:
            2.3.1.a. In any newly constructed residential unit which has a fuel-burning heating or cooking
source including, but not limited to, an oil or gas furnace or stove;

            2.3.1.b. In any residential unit which is connected to a newly constructed building, including,
but not limited to, a garage, storage shed or bar, which has a fuel-burning heating or cooking source,
including, but not limited to, an oil or gas furnace or stove;

              2.3.1.c. In either a common area where the general public has access or all rooms in which a
person will be sleeping that are adjoining to and being directly below and above all areas or rooms that
contain permanently installed fuel-burning appliances and equipment that emit carbon monoxide as a
byproduct of combustion located within all apartment buildings, boarding houses, dormitories, long-term
care facilities, adult or child care facilities, assisted living facilities, one- and two- family dwellings intended
to be rented or leased, hotels and motels.

                   2.3.1c.1. All single station carbon monoxide detector with a suitable alarm or a
combination smoke detector and carbon monoxide detector shall be hardwired into an alternating current
(AC) electrical source, with battery backup, when installed in all newly constructed apartment buildings,
boarding houses, dormitories, hospitals, long-term care facilities, adult or child care facilities, assisted
living facilities, one- and two- family dwellings intended to be rented or leased, hotels and motels.

                 2.3.1.c.2. In any long-term care facility that is staff on a 24 hour, 7 day a week basis, the
single station carbon monoxide detector with a suitable alarm or a combination smoke detector and carbon
monoxide detector shall only be required to be installed in an area of the facility that permits the detector
to be audible to the staff on duty.

                 2.3.1c.3. In every public or private school or daycare facility that uses a fuel-burning
heating system or other fuel-burning device that produces combustion gases. A carbon monoxide detector
shall be located in each area with a fuel-burning heating system or other fuel-burning device that produces
combustion gases.

              2.3.1c.4. Any person installing a carbon monoxide detector in a residential unit shall
inform the owner, lessor or the occupant or occupants of the residential unit of the dangers of carbon
monoxide poisoning and instructions on the operation of the carbon monoxide detector installed.

                2.3.1.c.5. When repair or maintenance work is undertaken on a fuel-burning heating or
cooking source or a venting system in an existing residential unit, the person making the repair or
performing the maintenance shall inform the owner, lessor or the occupant or occupants of the unit being
served by the fuel-burning heating or cooking source or venting system of the dangers of carbon monoxide
poisoning and recommend the installation of a carbon monoxide detector.

        2.3.2. Carbon monoxide detectors shall be permitted to be connected to an approved fire alarm
system. Activation of the carbon monoxide detector shall signal a supervisory alarm on the fire alarm
control panel.

    2.4. Necessity of NICET Certification for Fire Protection and Fire Alarm Systems.

       2.4.1. No fire protection and fire alarm system maintenance, repair or inspection work may be
performed, offered, or engaged in for compensation or hire within the State of West Virginia by any
company unless the company maintains at least 1 employee possessing a valid certificate of competency of

level 2 issued by the National Institute of Certification in Engineering Technologies (NICET). All
companies shall be registered with the State Fire Commission and shall provide annual information on
NICET certificate holders employed by their company for the purpose of maintenance, repair or inspection
activities and shall include, but not be limited to, other qualified personnel who meet one or more of the
following: (1) Personnel who are factory trained and certified for the specific type and brand of system
being serviced; (2) Personnel who are certified by a nationally recognized certification organization
acceptable to the authority having jurisdiction; (3) Personnel who are registered, licensed, or certified by a
state or local authority to perform service on systems addressed within scope of this Code, either
individually or through their affiliation with an organization; (4) Personnel who are employed and qualified
by an organization listed by a nationally recognized testing laboratory for the servicing of systems within
the scope of this Code.

         2.4.2. All fire protection extinguishment devices or systems not covered by subsection 2.4.1. shall
adhere to the following: No fire protection equipment or system installation, maintenance, repair, or
inspection work may be performed, offered, or engaged in for compensation or hire within the State of
West Virginia by any company unless the company maintains at least 1 employee possessing a valid
certificate of competency issued by the equipment or system manufacturer. All companies shall be
registered with the State Fire Commission and shall provide annual information on certificate holders
employed by their company for the purpose of installation, maintenance, repair, or inspection activities.

         2.4.3. All fire protection systems plans and specifications shall be developed in accordance with
applicable codes pertaining to the specific system for submittal and review and shall have at least 1
employee possessing a valid certificate of competency issued by the National Institute of Certification in
Engineering Technologies (NICET) level 3 for design purposes. The system designer shall be identified
on the system design documents. The system designer shall provide evidence of their qualifications and/or
certification to the agency.

    2.5 Inspection Tags

             2.5.1. An inspection tag shall be attached to each fire protection system near the main control
valve, main panel, or other such appropriate and visible location as determined by the authority having
jurisdiction (“AHJ”). The inspection tag shall contain the following information:

            2.5.2. The individual performing the work;

            2.5.3. The date of the test;

            2.5.4. Results of the inspection and test.