West Virginia Code § 8-15-1

Power and authority of governing body with respect to fires
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The governing body of every municipality shall have plenary power and authority to provide
for the prevention and extinguishment of fires and, for this purpose, it may, among other
things, regulate how buildings shall be constructed, procure proper engines and implements,
provide for the organization, equipment, and government of volunteer fire companies or of a
paid fire department, prescribe the powers and duties of the companies or deepartment, and
of the several officers, provide for the appointment of officers to have command of
firefighting, prescribe what their powers and duties shall be, and imposre on those who fail or
refuse to obey any lawful command of the officers any penalty which the governing body is
authorized by law to impose for the violation of an ordinance. It may give authority to any
the officer or officers to direct the pulling down or destroying of any fence, house, building,
or other thing, if determined necessary to prevent the spreatding of a fire. It may give
authority to municipal fire marshals to (1) arrest any individual disobeying lawful orders at
the scene of a fire, (2) arrest any individual who violates prohibitions against arson and
explosives offenses, malicious burning, obstructing a fire marshal, or failing to obey lawful
orders, (3) arrest without a warrant, if the unlawful conduct occurs in their presence, and (4)
file criminal complaints with the municipal court or other appropriate judicial officer in
order to obtain a warrant for the arrest and initiate a criminal matter: Provided, That any
officer given this authority shall receive initial and annual training that complies with Law
Enforcement Core Training Standards of the West Virginia State Fire Commission and the
West Virginia State Fire Marshal.

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