Moundsville Fire Department Bureau of Fire Prevention 804 Sixth Street
Moundsville, WV 26041
No person shall burn or cause to be burned any papers, leaves, shavings, rubbish, or other combustible matter on any street, alley or other piece of land in the city, without notice to and permission from the Chief of the Department. In no event shall such burning be done or pe1mitted within twenty (20) feet of any wooden building, fence or structure, or without the supervision of a person twenty-one (21) years of age or older.
Persons that are issued burn permits are responsible for contacting air pollution control at 304-238-1220.
Forest Fire Seasons are March 1st-May 31st and October 1st-December 31st.
No burning during Forest Fire Season between the hours of 7am. – 5pm
Fires MUST be attended at ALL times.
A water source or other approved source of extinguishing of fire shall be available. Manmade materials are NOT permitted to be burned. These include, but are not limited to, household trash, rubber, plastics, asbestos containing materials and building materials.
Only vegetative matter is permitted to be burned: brush, grass, leaves, limbs, trunks, and stumps (8 inches before splitting) ARE permitted to be burned.
Fires shall be COMPLETELY EXTINGUISHED and not allowed to smolder before being left unattended.
Any bum permit violations can result in a fine of $500.00.
It is NEVER legal to impact your neighbors with smoke, ash, or odors. Always consider the time of day, proximity to others, type of material, wind direction, and other weather conditions such as air stagnation.
Consult the City of Moundsville Fire Department for any advice of concerns you may have about outdoor burning in the city.
March 1-May 31: 5:00 PM - 7:00 AM
October 1-December 21: 5:00 PM - 7:00 PM
Maximum Fine: $1,000.00
for violating the burning law
Burning Laws in Brief:
* No burning from 7am until 5pm
* Fire must be attended at all times
* Area must be cleared down to mineral soil for a minimum distance of 10 feet around what is being burned
* If your fire escapes, you are liable for the costs of fighting the fire and any damage the fire may cause to others
Willfully setting fires is a felony and punishable by fine and/or imprisonment!
(West Virginia Arson Hotline 1-800-233-FIRE)
WEST VIRGINIA FOREST FIRE LAWS
The periods of each year between March 1 and May 31, inclusive, and October 1 and December 31, inclusive, are designated as Forest Fire Seasons.
No person shall during ANY such fire season, except between the hours of 5:00pm and 7:00am prevailing time, set on fire or cause to be set on fire any forest land, or any grass, grain, stubble, slash, debris, or other inflammable materials. Any fire set during this time shall be extinguished prior to 7:00 a.m. prevailing time. Such prohibition of fires between 7:00am and 5:00pm prevailing time shall not be construed to include (1) small fires set for the purpose of food preparation, or providing light or warmth around which all grass, brush, stubble, or other debris has been removed for a distance of ten feet from the fire, or (2) burning which may be conducted at any time when the ground surrounding the burning site is covered by one inch or more of snow.
No burning may be done unless all inflammable material has been removed from around the material to be burned as a safety strip for a distance which ensures that the fire will not escape and which is not less than 10 feet. If fire escapes beyond the safety strip, the person responsible shall be guilty of misdemeanor.
Before leaving ANY fire for ANY period of time, it must be totally extinguished.
Commercial permits to burn during the prohibited periods may be issued by the Division of Forestry.
All sawmills, power shovels, or an engine or machine capable of throwing sparks must be provided with an adequate spark arrestor if operating on land subject to fire by any cause.
All inflammable waste disposal areas on ANY land must annually have removed all grass, brush, debris and other inflammable material adjacent to such disposal areas to provide adequate protection to prevent the escape of fire to adjacent lands.
The State shall recover from the person or persons, firms or corporations whose negligence or whose violations of any provisions of this article cause ANY fire at ANY time on any grass or forest land the amount expended by the State.
A landowner must take all practicable means to suppress ANY fire on his property. If he fails to do so, the State shall collect from him the amounts expended by the State for such purposes.
Model and State Standards Adopted
1533.01 Fire Prevention Code.
1533.02 Establishment of limits of districts in which storage of explosives and blasting agents prohibited.
1533.03 Establishment of limits of districts in which storage of flammable liquids in outside above ground tanks prohibited.
1533.04 Establishment of limits in which bulk storage of liquefied petroleum gases restricted.
1533.05 Establishment of fire lanes on private property.
1533.06 Adoption of State Fire Code.
1533.07 State fire prevention laws and regulations of State Fire Marshal adopted.
1533.08 Outdoor and open fires.
Adoption by reference - see W. Va. Code 8-11-4(b)
Fire limits - see BLDG. & HOUS. Art. 1731
1533.01 FIRE PREVENTION CODE.
(a) Adopted; Filing. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as "Fire Prevention Code" recommended by the American Insurance Association, 1976 edition, of which Code not less than three copies, certified by the Mayor, are filed in the office of the City Clerk, and such Fire Prevention Code is hereby incorporated in and made a part of this Fire Prevention Code as fully as if set out at length herein, and the provisions thereof shall be controlling within the City.
(b) State Law and Regulations of State Fire Marshal. In the event of any inconsistency between any provision of the Fire Prevention Code adopted by this section and any provision of State law or any lawful rule or regulation of the State Fire Marshal, the State law or rule or regulation of the State Fire Marshal shall prevail.
(c) Definitions. As used in the Fire Prevention Code herein adopted:
(1) "Corporation counsel" means the City Attorney;
(2) "Municipality" means the City of Moundsville.
(1977 Code Sec. 27.07)
Bookmark 1533.02 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS PROHIBITED.
The limits referred to in Section 12.5b of the AIA Fire Prevention Code adopted in Section 1533.01 in which storage of explosives and blasting agents is prohibited shall be the fire limits of the City.
(1977 Code Sec. 27.08)
Bookmark 1533.03 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE LIQUIDS IN OUTSIDE ABOVE GROUND TANKS PROHIBITED.
(a) The limits referred to in Section 16.22a of the AIA Fire Prevention Code in which storage of flammable liquids in outside above ground tanks is prohibited, shall be the fire limits of the City.
(b) The limits referred to in Section 16.61 of the AIA Fire Prevention Code in which new bulk plants for flammable or combustible liquids are prohibited, shall be the fire limits of the City.
(1977 Code Sec. 27.09)
Bookmark1533.04 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES RESTRICTED.
The limits referred to in Section 21.6a of the AIA Fire Prevention Code in which bulk storage of liquefied petroleum gas is restricted, shall be the fire limits of the City.
(1977 Code Sec. 27.10)
Bookmark1533.05 ESTABLISHMENT OF FIRE LANES ON PRIVATE PROPERTY.
(a) Fire lanes shall be established on private property, at shopping centers, where the parking of motor vehicles or other obstructions may interfere with the movement of Fire Department vehicles.
(b) Such lanes shall have a minimum width of eighteen (18) feet, and any curves or turns shall be of sufficient radius to permit the passage of all fire apparatus.
(c) Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times, and members of the Police and Fire Departments shall have the authority to remove, or cause to be removed, any obstruction to such lanes.
(d) No person shall obstruct or cause to be obstructed, a fire lane.
(1977 Code Sec. 27.11)
Bookmark1533.06 ADOPTION OF STATE FIRE CODE.
There is hereby adopted and incorporated by reference as if set out at length herein for the purpose of safeguarding life and property from the hazards of fire and explosion that certain code known as the West Virginia State Fire Code, as promulgated by the State Fire Commission, effective March 30, 1984.
Bookmark1533.07 STATE FIRE PREVENTION LAWS AND REGULATIONS OF STATE FIRE MARSHAL ADOPTED.
In addition to the sections of this Fire Prevention Code, there are hereby adopted for the purpose of prescribing regulations for fire prevention and safety, the applicable provisions of the West Virginia Code and the rules and regulations of the State Fire Marshal.
(1977 Code Sec. 27.15)
1533.08 OUTDOOR AND OPEN FIRES.
(a) No person shall burn or cause to be burned any papers, leaves, shavings, rubbish or other combustible matter on any street, alley, lot or piece of land in the City, without notice to and a permit from the Chief of the Fire Department. In no event shall such burning be done or permitted within twenty feet of any wooden building, fence or structure, or without the superintendence of a person over twenty-one years of age.
(b) However, permits shall not be required for cooking and recreational fires. Recreational fires shall not be located within twenty feet of a structure or combustible material unless contained in a manner approved by the Chief of the Fire Department.
(c) Recreational Fire means the non-commercial burning of materials other than rubbish for pleasure, religious, ceremonial, cooking or similar purposes in which the fuel burned is not contained in an incinerator, a barbecue grill, or a barbecue pit, and the total fuel area is not exceeding three feet in diameter and two feet in height.
(d) Cooking Fire means the non-commercial, residential burning of materials not exceeding three feet in diameter and two feet in height, other than rubbish in which the fuel burned is contained in an outdoor fireplace, a barbecue grill, or a barbecue pit for the purpose of preparing food. (Passed 9-18-07)
(EDITOR'S NOTE: See Section 1515.99 for general Code penalty.)
CODIFIED ORDINANCES OF MOUNDSVILLE