WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 3056
By Delegates Linville, Canterbury, and Phillips
Introduced February 28, 2025; referred to the Committee on Government Organization
A BILL to amend and reenact §15A-10-1, §15A-10-3, §15A-10-6 and §15A-10-25 of the Code of West Virginia, 1931, as amended, and to amend the code by adding two new sections, designated §15A-10-1a and §15A-10-26, all relating to generally to the qualifications and responsibilities of the State Fire Marshal.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 10. FIRE MARSHAL.
(1) Arrest on sight, without warrant or other court process, any person or persons committing a criminal offense in violation of the laws of this state, in the presence of the officer,
(A) Consistent with the provisions of §62-1-1 et seq. of this code; but
(B) No such arrest may be made where any form of administrative procedure is prescribed by this chapter for the enforcement of the provisions of this chapter;
(2) Summon aid in making arrests or seizures or in executing warrants, notices or processes, in the same manner as sheriffs;
(3) Make a complaint in writing before any court or officer having jurisdiction, and procure and execute the warrant, when the officer knows or has reason to believe that a person has violated a law of this state. The actions of the officer have the same force and effect as if made by a sheriff;
(4) Serve and execute warrants for the arrest of any person and warrants for the search of any premises, buildings, properties, or conveyances issued by a properly constituted authority in the same manner, with the same authority, and with the same legal effect, as a sheriff; and
(5) Do all things necessary to carry into effect the provisions of this chapter.
NOTE: The purpose of this bill relates generally to the qualifications and responsibilities of the State Fire Marshal.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.