Heads up: There are no amended sections in this chapter.
The standards and requirements as set out and established by NFPA 1 of the 2018 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:
NFPA 101 2018_edition is adopted in full, as opposed to the limited capacity as set forth in NFPA 1, with the following additions:
NFPA 101 section 11. 8 is adopted in full with the following additions:
Any new building or structure more than forty (40) 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.
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.
Any building or structure as defined in subparagraphs 2.1.a.1.A. or 2.1.a.1.B 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.
A High rise building or structure used for human occupancy that is seventy-five (75) feet in height or greater as measured in accordance with subparagraph 2.1.a.1.A. 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.
In every high rise building as defined in subparagraphs 2.1.a.1.A. and 2.1.a.1.B 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.
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.a. LA. 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:
the Fire Alarm System;
Exit & Other Emergency Lighting;
Fire Protection Equipment;
the Smoke Management System;
the Fire Department Elevator;
the Fire Department Voice Communication System; and
the Fire Pumps.
In all high rise buildings as defined in subparagraphs 2.1.a.1.A. and 2.1.a.1.B 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.
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" block letters in a contrasting color.
NFPA 5000 is excluded in its entirety;
NFPA 472 is excluded in its entirety;
NFPA 120 is excluded in its entirety;
NFPA 101A is excluded in its entirety.
Except as otherwise provided in this rule, the following NFPA standards are incorporated as if set forth fully herein:
NFPA 12 (2018 edition) is included in its entirety.
NFPA 12A (2018 edition) is included in its entirety.
NFPA 16 (2018 edition) is included in its entirety.
NFPA 34 (2018 edition) is included in its entirety.
NFPA 45 (2018 edition) is included in its entirety.
NFPA 85 (2018 edition) is included in its entirety.
NFPA 91 (2018 edition) is included in its entirety.
NFPA 92 (2018 edition) is included in its entirety.
NFPA 102 (2018 edition) is included in its entirety.
NFPA 170 (2018 edition) is included in its entirety.
NFPA 204 (2018 edition) is included in its entirety.
NFPA 253 (2018 edition) is included in its entirety.
NFPA 265 (2018 edition) is included in its entirety.
NFPA 286 (2018 edition) is included in its entirety.
NFPA 326 (2018 edition) is included in its entirety.
NFPA 410 (2018 edition) is included in its entirety.
NFPA 701 (2018 edition) is included in its entirety.
NFPA 914 (2018 edition) is included in its entirety.
NFPA 1123 (2018 edition) is included in its entirety.
NFPA 1124 (2006 edition) is included in its entirety.
NFPA 1141 (2017 edition) is included in its entirety.
NFPA 2001 (2018 edition) is included in its entirety.
NFPA 2010 (2018 edition) is included in its entirety.
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. [99:184.108.40.206.4.2]
Sprinkler Protection and Area Limitations.
**Notes to Table 2.2.a.:
|More than 2
Up to 40 ft.
|More than 2
|More than 2
|Fire Resistive||50,000||45,000||15,000||Sec. 2.1-High Rise||Sec. 2.1-High Rise|
|Fire Resistive||40,000||30,000||10,000||Sec. 2.1-High Rise||Sec. 2.1-High Rise|
|Protected Non-Com.||35,000||25,000||10,000||Sec. 2.1-High Rise||Sec. 2.1-High Rise|
|Protected Limited||30,000||20,000||8,000||Sec. 2.1-High Rise||Sec. 2.1-High Rise|
|Unprotected Limited||12,000||8,000||Sprinklered||Not Permitted||Not Permitted|
|Protected Ordinary||10,000||6,000||Sprinklered||Not Permitted||Not Permitted|
|Non-Protected||8,000||4,000||Sprinklered||Not Permitted||Not Permitted|
|Heavy Timber||9,000||6,000||Sprinklered||Not Permitted||Not Permitted|
|Protected Wood||8,000||4,000||Sprinklered||Not Permitted||Not Permitted|
|Non-Protected||6,000||3,000||Not Permitted||Not Permitted||Not Permitted|
- 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. Buildings shall only be separated by one (1) two hour fire wall and areas shall be divided as equally as possible.
- The phrase "not permitted" means that buildings of these heights are not permitted for the type of construction indicated.
- The phrase "Section 2.1-High Rise" means that the building shall also comply with Section 2.1 of this Rule.
- Types of building construction indicated in the chart are located in NFPA 220 and 221, Standard on Types of Building Construction.
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 subparagraph 2.1.a.1.A. of this Rule.
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, exceeding the area limitations noted in the chart at the end of this subsection. 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.a. below.
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.
Sprinkler Protection (Certain Occupancies).
All nursing, convalescent, old age, custodial care, long term or extended care homes or institutions, and correctional or detention facilities, existing and new, regardless of the type of construction, shall have a complete automatic sprinkler protection in accordance with NFPA Standard 13 contained within the National Fire Codes and incorporated by reference in Subsection 2.1 of this rule.
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.
Homes or institutions caring for more than three patients shall meet the requirements of this section.
Carpet Used as Floor Covering.
Flammability Requirements for Carpet Used As Floor Covering.
In institutional, health care, educational and penal occupancies, carpet shall meet a minimum value of 0.45 watts per square centimeter in all corridors and exits. Carpet in all other areas shall meet a minimum value of 0.22 watts per square centimeter.
Flammability requirements for carpet used as floor covering in all other occupancies shall meet a minimum value of 0.22 watts per square centimeter in all corridors and exits.
Any pad used under the carpet shall meet the minimum class of the carpet installed.
The values shall be determined by NFPA 253, Critical Radiant Flux of Floor Covering Systems.
Smoke Generation Properties of Carpet Used as Floor Covering.
In all occupancies smoke generation shall not exceed a maximum value of Dm=450 (flaming mode).
The value shall be determined by ASTM E-662, Specific Optical Density of Smoke Generation by Solid Materials.
All test data for determining the flammability and smoke properties of carpets shall be conducted by a nationally recognized laboratory as certified by the National Voluntary Laboratory Accreditation Program.
Where an approved, automatic sprinkler system is installed and all floors are noncombustible, Class II carpet is permitted in any location where Class I carpet is required. Where an approved automatic sprinkler system is installed and all floors are noncombustible and Class II carpet is permitted, no rating is required.
Fire Alarm System.
General Requirements for All Occupancies.
The following requirements apply in addition to NFPA 101, Life Safety Code, Chapter 9, Section 9.6 as adopted by this Rule:
All fire alarm systems, including all components, shall be electrically supervised. Components include pull stations, automatic detection, audio visual devices, flow switches, tamper switches and the main panel.
All fire alarm systems shall be tied in ahead of the main power disconnect, unless a secondary power source is provided.
All sprinkler systems OS & Y, P.I.V. and other Control Valves shall be electrically supervised and tied into the trouble/supervisory side of the fire alarm control panel.
All sprinkler systems shall be tied in so water flow will activate the general fire alarm audio visual device.
Flow and/or pressure switches shall be annunciated separately on the main fire alarm control panel.
All health care, assisted living facilities licensed by the health department, and detention and correctional occupancies shall be tied into a fire department or a communication center with 24-hour supervision which is responsible for receiving emergency calls. Existing assisted living facilities licensed by the health department shall be in compliance with this requirement by July 1, 2016.
Heating, Ventilation, Air Conditioning Systems (HVAC).
All heating, ventilation, and air conditioning systems greater than 2000 CFM and less than 15,000 CFM shall have a duct type smoke detector in the return air duct or plenum for automatic shut down, to close main fan dampers and to sound a general fire alarm when activated.
All heating, ventilation, air conditioning systems greater than 15,000 CFM shall have duct type smoke detectors installed in both supply and return air ducts to automatically shut down, close main fan dampers and to sound a general fire alarm when activated.
In health care, detention and correctional occupancies and high rise buildings duct detectors shall be zoned to indicate the specific air handling unit at the main fire alarm panel.
An HVAC unit which uses 100% of outside air does not require duct detectors, and shall shut down upon fire alarm activation.
HVAC Systems used as part of the smoke management systems are exempt from the requirements of this paragraph.
Audible alarm indicating devices shall be of such character and distributed so as to be effectively heard above the ambient noise level obtained under normal conditions of occupancy. Audible alarm indicating devices shall produce signals that are distinctive from audible signals used for other purposes in the same building.
Visual signal devices shall be provided in all new fire alarm systems.
Pre-recorded or live voice evacuation instructions to occupants are permitted. Pre-recorded instructions shall be preceded by not less than 5 seconds or more than 10 seconds of a continuous alerting signal. Upon completion or failure of pre-recorded instructions, the fire alarm evacuation signal shall sound. Pre-recorded instructions shall be repeated two or more times. Live voice instructions shall be permitted to interrupt the pre-recorded message or the fire alarm evacuation signal. Audible and visual fire alarm devices shall be used only for fire alarm system.
Manual pull stations shall be located no greater than 200 feet from each other and at all exits. Manual pull stations shall be of the same general operational type.
Thermal detectors are required in the following areas in all occupancies requiring a fire alarm system and as listed or identified in NFPA 101, The Life Safety Code. Thermal detectors are not required in areas provided with sprinkler protection or dwelling units of apartments.
TYPE OF DETECTORS
|(a) Attic & Cockloft Spaces||Fixed Temperature|
|(b) Storage Rooms||Rate of Rise|
|(c) Furnace or boiler rooms||Fixed Temperature|
|(d) Janitor Closets||Rate of Rise|
|(e) Kitchens||Fixed Temperature|
|(f) Laboratories, Home Economics, Woodworking Shops,||Rate of Rise|
|Auto Shops, Utility Rooms, & Locker Rooms|
Smoke detectors are required in the following areas in all occupancies requiring fire alarm systems:
Rooms and/or areas dedicated for the location of electrical distribution panels or transformers;
Stages or Platforms; and
On each side of required smoke partition doors.
Smoke detectors shall be placed a maximum of 15 feet from ends of corridors or walls and 30 feet on center including all toilet rooms over one occupant and in any other rooms that are a part of the means of egress without doors and open to the corridors, where required by the occupancy. Exceeding the spacing requirements will require submission of technical data for approval by the Fire Marshal.
Exception: Smoke beam detectors shall be permitted in accordance with manufacturers specifications.
A building or structure being used for more than one occupancy shall comply with the fire alarm system requirements of the most stringent occupancy for that building or structure.
Hood suppression systems shall be connected to the Fire Alarm System and separately zoned.
Upon activation of the automatic extinguishing system an audible/visual device shall be placed in the public area(s) of the building when no fire alarm system is required.
A pre-signal fire alarm system is not permitted.
Detection for Elevators shall comply with NFPA 72, ANSI, ASME, and West Virginia Department of Labor requirements.
All Hotels being 2 or more stories high, Motels being 2 or more stories high, shall be tied into a fire department or a communication center with 24-hour supervision which is responsible for receiving emergency calls.
Exception: Hotels and motels with direct to outside exits from all guests rooms.
Carbon monoxide detectors shall be permitted to be connected to an approved fire alam1 system. Activation of the carbon monoxide detector shall signal a supervisory alarm on the fire alarm control panel.
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:
The individual performing the work;
Date of the test;
Results of the inspection and test.
Requirements for Educational and Day Care Occupancies.
A fire alarm system is required in every educational and day care occupancy, and shall meet the requirements and standards of this rule. However, classroom buildings of less than 3,000 sq. ft. gross floor area with direct exiting to the outside from each classroom are not required to have a fire alarm system.
Open plan classroom concepts require a complete smoke detection system throughout the facility.
Day care centers located in buildings other than educational facilities shall have smoke detectors installed on the ceilings of each story in front of the doors to the stairways and at no greater than 50 feet spacing in the corridors of all floors occupied by the center and 25 feet at the end of the corridors. Detectors shall also be installed in lounges and sleeping rooms in the center.
Group day care centers require hardwired smoke detectors in sleeping rooms and corridors. Audio visual warning devices are required if hearing impaired individuals are in the facility. In mixed occupancies when exiting requires the use of a common corridor, an electrically supervised fire alarm system shall be installed.
An annunciator panel or fire alarm control panel shall be readily accessible to local fire department personnel.
Rate of rise thermal detectors are required in all rest rooms in new buildings except in fully sprinklered buildings.
Smoke detectors shall be installed in all corridors, except in a single-story building with direct exiting to the exterior by the means of a door from every normally student occupied room.
Classroom door locking to prevent unwanted entry- NFPA 101 section 220.127.116.11.4 shall be amended to read as follows:
- the locking mechanism shall be capable of being engaged without opening the door.
- 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.
- 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.
- 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.
- Two non-simultaneous releasing operations shall be permitted.
- 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.
- Modifications to fire door assemblies, including door hardware shall be in accordance with NFPA 80.
- 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.
- Any locking mechanism purchased, installed or utilized pursuant to this section shall be approved by the State Fire Marshal in accordance to policies promulgated by him.
- In addition, a temporary door locking device shall only be used under the following conditions:
- Proof is provided by the administrative authority of a school building that a school safety plan has been adopted and filed; and
- The temporary door locking device shall only be used in an emergency and during active shooter drills; and
- During any type of training event, the temporary door locking device is engaged only by a staff member of the school building; and
- 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; and
- 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
- 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.
Requirements for Assembly Occupancy.
A fire alarm system is required in every place of assembly where:
Occupancy is subject to 300 or more occupants;
Occupancy is subject to 100 or more occupants above or below the level of exit discharge;
The building is two (2) or more stories in height above the level of exit discharge, or two (2) or more stories below the level of exit discharge; or
Theaters with more than one audience-viewing room.
Annunciator panels and/or fire alarm control panels shall be readily accessible to fire department personnel.
Theaters and auditoriums shall provide audio visual devices. House lights m auditoriums and theaters shall be activated by the fire alarm system.
Requirements for Health Care and Ambulatory Care Occupancies.
A fire alarm system is required in every Health Care and Ambulatory Care occupancy, and the system shall meet the requirements and standards of this rule.
An approved automatic smoke detection system shall be installed in all corridors.
Manual pull stations shall be installed every 50 feet throughout the facility in patient sleeping room areas starting at the end of all corridors. All other manual pull stations shall be placed in accordance with the general requirements of this rule.
Fire alarm systems shall have annunciator panels located at all 24 hour nurse's stations, the telephone switchboard, and at the main location of the fire department's entry.
Requirements for Detention and Correctional Occupancies.
A fire alarm system is required in every detention and correctional occupancy and the system shall meet the requirements and standards as provided in this subsection.
The annunciator panel or fire alarm control panel shall be readily accessible to fire department personnel and shall also be provided in the detention or correctional facility control center.
Manual pull stations shall be provided as set forth in general requirements of this rule. Manual pull stations may be of the security type in detention or correctional occupancies.
Smoke detectors shall be installed in all corridors. If no corridor exists, they shall be installed at the highest point of the cell areas.
Dormitory style correctional facilities shall comply with the residential requirements of subdivision 2.2.j. of this subsection.
Requirements for Residential Occupancies.
A fire alarm system is required for each of the groups of residential buildings, and the system shall meet the requirements and standards of this Rule.
Lodging and rooming houses protected throughout with a sprinkler system shall be provided with interconnected hardwired smoke detectors as required by NFPA 72.
Residential occupancies are designated in two groups. These designated groups shall comply with the requirements of this rule. One group of occupancies includes hotels, motels, dormitories, lodging and rooming houses. The other group includes apartments only.
The following requirements apply to the occupancies of hotels, motels, dormitories, lodging and rooming houses.
Smoke detectors shall be placed a maximum of 15 feet from ends of corridors or walls and located 30 feet on center throughout all inside corridors. Smoke detectors shall be placed a maximum of 15 feet from ends of walls and 30 feet on center in open bay sleeping areas.
The annunciator panel or fire alarm control panel shall be readily accessible to fire department personnel and also shall be located at the registration desk.
All sleeping rooms and living areas in suites shall have an approved self-contained smoke alarm hard wired in accordance with NFPA 72, National Fire Alarm Code.
Motels and hotels having direct exterior exiting shall have a manual pull station every 75 feet located on exterior walls with the minimum requirement of one manual pull station. However, a one story motel with 16 or less sleeping rooms having direct exiting to the exterior is not required to be provided with a fire alarm system.
The following requirements apply to apartments.
Apartment buildings having 12 or more units or 4 or more stories in height shall have a fire alarm system. Smoke detectors shall be placed a maximum of 15 feet from the ends of corridors and walls and 30 feet on centers.
All existing apartments shall have approved self-contained smoke alarm located at the entrances to bedrooms.
All new apartments shall have an approved self-contained smoke alarm hard wired in accordance with NFPA 72, National Fire Alarm Code.
All new apartment buildings having 12 or more units or 4 or more stories in height with direct exiting to the exterior shall have manual pull stations every 75 feet on the exterior wall with a minimum requirement of one pull station per building.
Requirements for Mercantile Occupancies.
A fire alarm system is required in every mercantile occupancy with a sales area totaling over 3,000 square feet, and the system shall meet the requirements and standards as provided in this subsection.
If an existing Class B mercantile occupancy has a complete and approved sprinkler protection system, a fire alarm system is not required.
Requirements for Business Occupancies.
A fire alarm system is required in every business occupancy where:
The occupancy is subject to 300 or more total occupants;
The occupancy is subject to 100 or more occupants above or below the level of exit discharge; or
The building is two (2) or more stories in height above the level of exit discharge or two (2) or more stories below the level of exit discharge.
Requirements for Industrial Occupancies.
Requirements for Storage Occupancies.
Residential Board and Care Occupancies.
Application: All facilities classified as residential board and care occupancies shall conform to the Life Safety Code, NFPA 101, requirements except as modified under this subsection. This subparagraph does not apply to facilities with less than four (4) residents.
Resident sleeping rooms shall be located on first and second floors unless the facility is provided with a sprinkler system meeting the requirements of NFPA 13, Standard for Sprinkler Systems.
Provide at least two (2) approved remote exits from each floor; at least one (1) exit shall be a door directly to the outside without traversing any corridor or space exposed to an unprotected vertical opening.
Vertical openings shall be properly enclosed on all levels above grade with hour fire rated construction. If used as a primary means of exiting all levels shall be properly enclosed with 1 hour fire rated construction.
Doors shall be side-hinged swinging at least 32 inches wide when located in means of egress. Bathroom doors may be 24 inches wide.
Existing stairs shall be at least Class B.
Hazardous areas shall be provided with one hour fire-rated separation or provided with automatic sprinkler protection and smoke tight. Doors shall be self-closing.
Interior finish of walls and ceilings shall be at least Class C throughout.
An electrically supervised fire alarm system shall be provided and meet the requirements of paragraph 2.2.d.1. and subdivision 2.2.j. of this rule.
Individual sleeping rooms shall be provided with a single station smoke alarm hardwired in accordance with NFPA 72, National Fire Alarm Code.
An approved automatic sprinkler system is required in all residential board and care facilities.
Corridor walls shall be at least twenty (20) minute fire-rated and smoke tight.
Electrical systems shall meet the National Electric Code.
Each sleeping room shall be provided with at least one (1) outside window for rescue and ventilation and shall meet the requirement for windows in one and two family dwellings of the Life Safety Code. A door directly to the outside from each sleeping room does not require an outside window.
Any carpet located in the facility shall meet the requirements of subdivision 2.2.c. of this rule.
No door in any means of egress shall be locked against egress when the building is occupied.
Every bathroom door lock shall be designed to permit opening of the locked door from the outside in an emergency.
Every closet door latch shall be such that it can be readily opened from the inside in case of emergency.
No stove or combustion heater shall be located as to block escape in case of fire arising from the malfunction of the stove or heater.
Impractical to evacuate residents in small facilities shall be located in rooms at grade with direct exiting to the outside. The corridor room door shall be 20 minute fire rated construction or its equivalent.
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.
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.
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.
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.
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.
Control of Adverse Effects.
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).
"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.
If flyrock is cast beyond the operational boundary of the permit or blast area, the licensed blaster shall notify the fire marshal by telephone within two (2) hours after learning of the flyrock incident, and submit a flyrock incident report to the fire marshal within three (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 blast(s) were designed and loaded; who witnessed the blast(s) 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.
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 18.104.22.168(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.
Airblast, when measured at any dwelling or building listed in subparagraph 2.2.q.6.C. of this rule shall be in compliance with NFPA 495, Table 11.2. Air Overpressure Limits.
*Only where approved by the state fire marshal.
|Lower Frequency of Measuring||Measurement Level (dBL)|
[Hz(+/- 3 dBL)
0.1 Hz or lower — flat response*
2 Hz or lower- flat response
6 Hz or lower — flat response
C-Weighted — slow response*
A seismograph shall be used beside the nearest dwelling or building listed in subparagraph 2.2.q.6.C. of this rule to demonstrate compliance with the ground vibration and airblast limits listed in subparagraph 2.2.q.6.C and 2.2.q.6.D. 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 2.2.q.6.C. of this rule, and fifty is the applicable scaled distance factor.
For structures not listed in subsection 2.2.q.6.C. 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.q.6.C. 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.
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 ten (10) feet of the building or structure being monitored, on the side of the building or structure closest to the blast site.
A monitoring instrument for recording ground vibration, at a minimum, shall have:
- A frequency range of 2 Hz to 250 Hz;
- Particle velocity range of .02 to 4.0 inches per second or greater;
- An internal dynamic calibration system.
A monitoring instrument used to record airblast shall have:
- A lower frequency limit of 0.1, 2.0 or 6 Hz;
- An upper end flat-frequency response of at least 250 Hz;
- A dynamic range that, at a minimum, extends from 106 to 142 dBL.
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.
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.
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.
Monitoring records, at a minimum, shall contain:
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.
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.
The results of a field calibration test for each channel.
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.
Frequency versus particle velocity plots as indicated in NFPA 495, Table 22.214.171.124(b ).
The name of the individual taking the recording.
The GPS NAD 83 or 27 location of the monitoring instrument, date and time of the recording.
The last calibration date of the monitoring instrument.
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 fire marshal requires that a recording be analyzed or certified, it shall be performed and included with the blast report within thirty (30) days.
Blasting Activity Registration.
"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.
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:
The applicant's name, address, telephone number and type of business;
A contact person's name title and telephone number;
The identity of independent subcontractors who will be performing the blasting activity;
The type of explosive to be used;
The location of the blasting activity;
Job duration and times of blasting activity.
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.
The blast log shall include as a minimum:
The name of the blasting activity applicant;
The date and time of the blast;
The location of the blast using GPS NAD 83 or 27 coordinate system;
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;
The direction and distance in feet from the blast site to the nearest structure not owned by the blasting activity applicant or its customer;
The direction and distance to the closest utility not owned by the blasting activity applicant or its customer;
The type of material to be blasted;
The type of stemming/decking material used;
The measures taken to control flyrock, including whether or not mats were used;
The weather conditions including temperature, wind direction and estimated speed, cloud cover;
The total number of holes, diameters, depths, burdens, spacings, subdrill, top and deck stemming heights, pounds per hole;
Explosives product densities and pounds used and/or units, not including detonating cord;
The total weight in pounds of explosives and primer cartridges used;
The type and total length in feet of detonating cord(s) used;
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;
The type(s) of initiation system used;
The maximum weight in pounds of explosives detonated per delay period of less than 8 milliseconds;
The scaled distance to the closest structure and/or utility not owned by the applicant or client;
The powder factor(s) in pounds per cubic yard, tons per pound, or pounds per square foot;
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.q.6.C;
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;
A technical illustration (sketch) showing typical borehole load cross section(s);
The printed name, signature, and permit number of the blaster-in-charge for each blast;
Any unusual conditions or comments.
Necessity of NICET Certification for Fire Protection and Fire Alarm Systems.
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 one (1) employee possessing a valid certificate of competency 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.
All fire protection extinguishment devices or systems not covered by 2.3.a. 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 one (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.