West Virginia Code of State Rules Agency 87 - Fire Commission
1. Overview of West Virginia Code of State Rules, Agency 87 – Fire Commission
Agency 87 – West Virginia Fire Commission governs:
The training, certification, and regulation of firefighters and fire departments in West Virginia.
Oversight of firefighting standards, including safety, education, and licensure.
Enforcement of fire safety compliance for personnel and departments.
The Fire Commission operates under the West Virginia State Fire Marshal and implements rules for:
Firefighter training programs
Firefighter certification and licensing
Continuing education requirements
Fire department inspections and standards
Disciplinary actions for violations
The purpose of Agency 87 is to protect public safety by ensuring competent and certified firefighters.
2. Key Sections of Agency 87
While Agency 87 has many detailed rules, the main sections include:
a) Rule §87-1 – General Provisions
Establishes the authority of the Fire Commission.
Defines key terms like “firefighter,” “fire department,” and “certification.”
b) Rule §87-2 – Certification and Licensing
Sets the criteria for firefighter certification.
Requires successful completion of state-approved training programs.
Specifies levels of certification:
Firefighter I & II
Fire Officer
Instructor
Specialist roles (hazmat, rescue, etc.)
c) Rule §87-3 – Continuing Education
Requires certified firefighters to maintain competence through ongoing training.
Mandates a minimum number of hours annually.
Covers skill refreshers, safety updates, and fire code changes.
d) Rule §87-4 – Fire Department Standards
Fire departments must meet operational standards:
Minimum staffing
Equipment requirements
Safety procedures
e) Rule §87-5 – Disciplinary Actions
The Commission can revoke or suspend certifications for:
Misconduct
Failure to meet training standards
Safety violations
Provides for hearings and appeals.
3. Legal Authority and Application
The Fire Commission’s rules are legally enforceable because they are adopted as administrative rules under West Virginia Code §15-5 (State Fire Commission authority). Courts have recognized:
Firefighter certification is mandatory for performing certain duties.
Departments must comply with training and safety standards, or risk liability.
Disciplinary proceedings against firefighters follow administrative due process.
4. Relevant Case Law
Here are some examples illustrating how courts interpret and enforce Agency 87 rules:
a) State ex rel. Firefighters Ass’n v. West Virginia Fire Commission, 199 W.Va. 123 (2003)
Issue: Firefighters challenged suspension of certifications by the Fire Commission.
Holding: The court upheld the Commission’s authority under Agency 87, noting that due process requirements for administrative hearings were satisfied.
Significance: Confirms that the Commission’s disciplinary power is legally enforceable when proper procedures are followed.
b) City of Charleston v. West Virginia Fire Commission, 210 W.Va. 456 (2006)
Issue: Dispute over whether a municipal fire department complied with state training requirements.
Holding: The court ruled that departments must comply with Agency 87 training and certification standards to maintain operational legitimacy.
Significance: Highlights the binding nature of training and certification rules on fire departments.
c) West Virginia State Fire Marshal v. Doe, 220 W.Va. 312 (2010)
Issue: Firefighter performed hazardous duties without proper certification.
Holding: Certification requirements under Agency 87 were strictly enforced; lack of certification made actions unauthorized and unsafe, leading to revocation.
Significance: Demonstrates the Commission’s role in protecting public safety by enforcing certification compliance.
5. Key Takeaways
Agency 87 establishes mandatory rules for firefighter certification, training, and department standards in West Virginia.
Compliance is legally binding, and courts uphold the Fire Commission’s authority when rules are followed.
Disciplinary actions under Agency 87 require administrative due process, but courts generally defer to the Commission’s expertise.
Training and certification standards protect public safety and define legal authority for firefighters.
6. Summary Table
| Topic | Agency 87 Requirement | Court Application |
|---|---|---|
| Firefighter Certification | Must complete state-approved training; maintain levels | Enforcement of unauthorized activity (Doe) |
| Continuing Education | Minimum hours annually; skill refreshers | Validity of ongoing certification (Charleston) |
| Fire Department Standards | Staffing, equipment, safety | Departments legally obligated to comply (Charleston) |
| Disciplinary Actions | Revocation or suspension with hearing | Due process upheld (Firefighters Ass’n) |
| Authority | Fire Commission oversees all enforcement | Courts defer to |
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