FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, MAY 28, 2024 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA  AGENDA  I.  CALL TO ORDER = Mayor Bolyard  II. ROLL CALL OF MEMBERS - Janet L. Keller, City Clerk  III. OPENING CEREMONIES A. Prayer/Meditation  B. Pledge Of Allegiance - Councilmember Deasy C. Recognize Young Leaders Of Marion County D. Recognize Leadership Marion Class #41  IV. APPROVAL OF MINUTES  Regular Meeting - May 15, 2024  V. PUBLIC HEARINGS AND ANNOUNCEMENTS  A. PUBLIC HEARINGS  1. An Ordinance Of The Council Of The City Of Fairmont Providing For And Authorizing The Execution And Delivery Of A Waiver Or Release Of Right Of First Refusal To Purchase Fifth Street Gym From The Board Of Education Of The County Of Marion. 2. An Ordinance Amending And Supplementing That Portion Of Ordinance No. 403, As Amended, Which Is Codified As Part 15    Fire Prevention Code, Article 1507, Bureau For Fire Prevention, Section .07 State Code And Fire Marshal Rules, Of The Code Of The City Of Fairmont, To Provide For The Adoption Of The Standards And Requirements Set Out In Title 87 Legislative Rule, Fire Commission, Series 1 Fire Code, Established And Adopted By The State Of West Virginia, To Be Effective May 1,  2024, Exclusions. B. ANNOUNCEMENTS VI. - CITIZENS PETITIONS VII. CITY MANAGER'S REPORT  VIII. CONSIDERATION OF COUNCIL BUSINESS  A. PENDING BUSINESS  1. Adoption, An Ordinance Of The Council Of The City Of Fairmont Providing For And Authorizing The Execution And Delivery Of A Waiver Or Release Of Right Of First Refusal To Purchase Fifth Street Gym From The Board Of Education Of The County Of 2. Adoption, An Ordinance Amending And Supplementing That Portion Of Ordinance No. 403, As Amended, Which Is Codified As Part 15 Fire Prevention Code, Article 1507, Bureau For Fire Prevention, Section .07 State Code And Fire Marshal Rules, Of The Code Of The City Of Fairmont, To Provide For The Adoption Of The Standards And Requirements Set Out In Title 87 Legislative Rule, Fire Commission, Series 1 Fire Code, Established And Adopted By The State Of West Virginia, To Be  Marion.  Effective May 1, 2024, Exclusions.  B. NEW BUSINESS  3. Introduction, First Reading, Set Public Hearing, An Ordinance To Approve And Adopt Current Replacement Pages to The 4. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 178 Historic Landmarks Commission Of The Fairmont City Code To Provide For An Honorary Street  Fairmont City Code.  Name Program; Fee Schedule.    5. Adoption, A Resolution Providing The City Manager With The Authority To Execute A Memorandum Of Extension Of Agreement For Economic Development Services By And Between The City Of Fairmont, A Municipal Corporation, And The Marion Regional Development Corporation For Fiscal Year 6. Adoption, A Resolution Of The Council Of The City Of Fairmont Expressing Its Approval Of The Report Prepared By The Real Estate Disposition Policy Committee For Purposes Of Disposing 7. Adoption, Supplemental Resolution Approving Certain Terms Of The Renewal Of The Letter Of Credit, No 2001-525 To Be Issued By Wesbanco Bank To The City Of Fairmont Authorized By Ordinance No. 2027 Duly Adopted April 23, 2024, And More Particularly Establishing The Amount Of Said Letter Of Credit Upon Renewal Upon Its Maturity On June 30, 2024 At 8. Adoption, A Resolution Of The Council Of The City Of Fairmont, West Virginia, Authorizing The Submission Of An Application To The State Of West Virginia Historic Preservation Office For A Grant From The Endangered Historic Properties Fund In The Maximum Amount Of $10,000.00, To Assist With The Cost Of Securing The Masonic Temple Roof, And If Such Grant Is Awarded, Further Authorizing The Acceptance Thereof, And Providing The City Manager With Authority To Do All Things Reasonable And Necessary In Connection Therewith. EXECUTIVE SESSION - Pursuant To WV Code $6-9A-4(D)(2)(A) And City Charter 2.11 (a)(1)A - To Consider Matters Arising From The Appointment, Employment, Retirement, Promotion, Transfer, Demotion, Disciplining, Resignation, Discharge, Dismissal or  2024-2025.  Of Real Estate Owned By The City Of Fairmont.  $250,000.00.  Compensation Of A City Officer.  IX. ADJOURNMENT    MINUTES  5/15/2024    May 15, 2024  The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 15th day of May, 2024, at the Public Safety Building located  at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order.  IN RE:  OATH ADMINISTERED TO TRAVIS L. BLOSSER  City Clerk Janet Keller administered the Oath of Office to newly appointed City Manager, Travis L. Blosser, to-wit: "Do you, Travis L. Blosser, having been duly appointed serve as City Manager, effective May 13, 2024, solemnly swear, that you will support the Constitution of the United States, the Constitution of the State of West Virginia, and the Charter of the City of Fairmont, and that you will faithfully and impartially perform the duties of the City Manager, to the best of your skill and judgment, SO help you God?"  Response: "I do."  The City Clerk extended congratulations to Mr. Blosser. Roll call of members was taken by the City Clerk.  Councimembers present were:  Second District Third District Fourth District Fifth District Seventh District Eighth District Ninth District Absent: First District Sixth District Also present were: City Manager City Attorney City Clerk  Anne E. Bolyard Rebecca Moran Richard (Rick) Garcia Charles (Chuck) Warner Julia (Julie) Sole Bruce McDaniel Kandice (Kandi) Nuzum Joshua D. (Josh) Rice Gia Deasy  Travis L. Blosser Kevin V. Sansalone Janet L. Keller David Kirk  Communications Manager    Finance Director Utility Manager Fire Chief Police Chief Public Works Director Planning Director IN RE:  Priscilla Hamilton John Carson Brian Starn Steve Shine Ron Miller Shae Strait  COUNCILMEMBERS RICE AND DEASY EXCUSED  Mayor Bolyard moved to excuse Counclmembers Rice and Deasy from this meeting: The motion was seconded by Councimember McDaniel. The Mayor declared Councimembers Rice and Deasey excused from this  meeting by voice vote of Council.  IN RE:  OPENING CEREMONIES  Rev. Dr. Mark Staples gave the invocation followed by the Pledge of Allegiance  to the Flag led by Councilmember Sole.  IN RE:  PROCLAMATION FOR NATIONAL POLICE WEEK  Mayor Bolyard presented a proclamation to Police Chief Shine proclaiming the week of May 12-18, 2024 as National Police Week. Other police officers accepting the proclamation were: Sgt. Martin, Officer Moran, and Officer  Guinup. IN RE:  PROCLAMATION FOR EMS WEEK  The Mayor also presented a proclamation to members of the Marion County Rescue Squad proclaiming the week of May 19-25, 2024 as EMS Week.  APPROVAL OF MINUTES  Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on April 23, 2024. She asked if there Councimember Nuzum moved to approve the minutes as submitted. The The Mayor declared the minutes approved as submitted by voice vote of  were any corrections, deletions, or amendments. motion was seconded by Councilmember Sole.  Council.  2    PUBLIC HEARINGS  No public hearings were scheduled for this meeting.  ANNOUNCEMENTS  IN RE:  MISCELLANEOUS ANNOUNCEMENTS  Councimember Moran reported the following items:  "Newsies" is opening this week at FSU. Tickets are selling out fast. Cultivate WV is hosting their kick-off event on Thursday, June 6th at the Saturday, May 18th, will be a Hometown Market in downtown. Saturday, June 8th, will be Pride which will be held in downtown on the Friday, June 7th, there will be a Fairmont Fun Fest Mile race. She extended a thank you for the Fairmont Utility Department for recently collecting over 40 bags of trash along the Mon River. Congratulations to the Golden Horseshoe Winners from East Fairmont Middle School, Miles Tichner and Bridgett Schoo.  Firehouse on Monroe Street.  green space and on Monroe Street.  IN RE:  WELCOME TO NEW CITY MANAGER, TRAVIS BLOSSER  Councimember Garcia extended congratulations to Travis Blosser. Councimember Warner said that he was SO glad to have Travis here. Councilmember Sole also thanked Travis and welcomed him to the City. She also thanked everyone for coming out to the meeting to welcome him. Councilmember McDaniel extended his welcome to Travis and that he was glad Councilmember Nuzum thanked Travis for wanting to come to the City of Fairmont. She is looking forward to some great things for Fairmont.  to have him here.  Mayor Bolyard welcomed Travis to the City.  IN RE:  POLL WORKERS NEEDED  Councimember Nuzum gave a shout out to Abby Greene, a local high school student, who worked all day on Tuesday at the polls. She said that it was exciting to see a young person get actively involved in the community.  3    Councimember Nuzum also thanked all of the poll workers because they are really hard to come by. She encouraged others to be a poll worker in the  November election. IN RE: service. IN RE:  THANK YOU TO POLICE, FIRE AND EMS  Councilmember Sole thanked our Police, Fire and EMS departments for their  THANK YOU EXTENDED TO JANET KELLER AND OTHERS  Mayor Bolyard extended a thank you to Janet Keller, being the second time that she has served as the Interim City Manager. She told Ms. Keller that her service and dedication to the City is unparalleled and she expressed her The Mayor then thanked all of the Department Heads that supported this transition time with their leadership in keeping the City moving forward and The Mayor also thanked Paula Friend and Priscilla Hamilton for their outstanding leadership during the last 8V2 months keeping the City moving Mayor Bolyard also thanked David Kirk who stepped in and became the Interim City Clerk and did an outstanding job. She also extended a special congratulations to David for being selected to the Generation WV Fellowship Class of 2024. She noted that he was one of 30 that was accepted into this The Mayor extended her appreciation and thank you to the Fairmont Fire Department and Chief Starn and all of the officers that provided the honor guard for Rex Henderson's funeral. That was a great comfort to the family  appreciation to Janet for her service.  with change and things kept growing and developing.  forward.  prestigious program.  and everyone there.  CITIZENS PETITIONS  There were no citizens petitions for this meeting.  CITY MANAGER'S REPORT  IN RE:  CITY MANAGER PRESENTATION  Newly appointed City Manager, Travis Blosser, said that after more than a  4    decade of municipal government service to communities across the state, it is good to be home. He expressed his gratitude for the opportunity to serve our Mr. Blosser extended his thanks to City Clerk Janet Keller who has served us as the Interim City Manager for the last several months. He went on to say that everyone who has served in a local government Chief Executive role knows it is not the easiest of jobs but in typical fashion she has led this organization with the same heart and passion as she has in her various roles over the last 46 years of service to this City. He has had the opportunity to serve with Janet throughout her time and have benefitted tremendously from her example of servant leadership. He said that, in his opinion, this City has a huge debt that it will never be able to repay that incredible woman. He directly spoke to Janet and said "your heart beats for this City every day and it shows that anyone that meets you and I am thrilled that I get the Travis then addressed his siblings, family, and friends by saying that he cannot thank them enough for the love and support that they have given him over the years. To his Mom, Dad, and Stepmom, he thanked them for always being that important presence in his life and for blessing him with their amazing examples of their incredible work ethics, he would not be the man that he is To the Mayor and City Council, he thanked them for the confidence that they have shown in him by selecting him to serve as the City Manager of our home. He said that he pledged to work with them to implement their policy goals, alongside the phenomenal city staff. He went on to say that he looked forward to working with our team to move the City forward. He said that this was a full circle moment for him as the love of local government got started in this very Chambers. He then thanked Bruce McDaniel and Jay Rogers for spending time talking to him about municipal government, after a mock Council meeting was held, many years ago. He said that their conversation made an impression on him that started a long journey in municipal government. Mr. Blosser closed by thanking Council again for this incredible opportunity and he looked forward to working with everyone in our City to make positive  community.  opportunity to work with you."  today without each of them.  changes we all want to see.  CONSIDERATION OF COUNCIL BUSINESS  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE EXECUTION AND DELIVERY OF A WAIVER OR  5    RELEASE OF RIGHT OF FIRST REFUSAL TO PURCHASE FIFTH STREET GYM FROM THE BOARD OF EDUCATION OF THE COUNTY OF MARION. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance providing for and authorizing the release of right of first refusal to purchase the Fifth Street Gym from the Marion County Board of Education.  Motion:  Councimember Sole moved for the introduction of the proposed ordinance.  Councilmember Nuzum seconded the motion.  The Mayor declared the public hearing set for May 28, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE AMENDING AND SUPPLEMENTING THAT PORTION OF ORDINANCE NO. 403, AS AMENDED, WHICH IS CODIFIED AS PART 15 FIRE PREVENTION CODE, ARTICLE 1507, BUREAU FOR FIRE PREVENTION, SECTION .07 STATE CODE AND FIRE MARSHAL RULES, OF THE CODE OF THE CITY OF FAIRMONT, TO PROVIDE FOR THE ADOPTION OF THE STANDARDS AND REQUIREMENTS SET OUT IN TITLE 87 LEGISLATIVE RULE, FIRE COMMISSION, SERIES 1 FIRE CODE, ESTABLISHED AND ADOPTED BY THE STATE OF WEST VIRGINIA, TO BE EFFECTIVE MAY 1, 2024, EXCLUSIONS.  The City Clerk read the proposed ordinance by title.  Mayor Bolyard entertained a motion for the adoption of an ordinance amending Ordinance No. 403, which is codified as Part 15 Fire Prevention Code, to provide to the adoption of the standards and requirements set out in Title 87 Legislative Rule, adopted by the State of West Virginia effective May  1,2 2024. Motion:  Councilmember McDaniel moved for the introduction of the proposed  ordinance. Councilmember Nuzum seconded the motion. The Mayor declared the public hearing set for May 28, 2024.  IN RE:  ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF  FAIRMONT APPROVING AN AMENDMENT TO THE RULES AND REGULATIONS OF THE POLICE CIVIL SERVICE COMMISSION OF THE CITY OF FAIRMONT,  6    WHICH AMENDMENT WAS ADOPTED BY THE COMMISSION ON MAY 1, 2024, TO AMEND AND SUPPLEMENT SUBPART (A) OF RULE 4.05 APPLICANTS FOR ORIGINAL APPOINTMENT TO FACILITATE THE HIRING OF OFFICERS GIVEN THE CHANGES TO WEST VIRGINIA CODE $8-14-12, WHICH ELIMINATED THE The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving an amendment to the Rules and Regulations of the Police Civil Service Commission to eliminate the maximum age-based restriction for new hires.  MAXIMUM AGE BASED RESTRICTION FOR NEW HIRES.  Motion:  Councimember Warner moved for the adoption of the proposed resolution.  Councilmember Sole seconded the motion. Roll call was taken by the Clerk. Councilmembers present.  The Mayor declared the resolution adopted by unanimous vote of those  ADJOURNMENT  The Mayor entertained a motion for adjournment.  Motion:  Councilmember McDaniel moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 7:27  seconded by Councimember Nuzum.  p.m.  7    PUBLIC  HEARINGS    PUBLIC HEARINGS May 28, 2024  1. An Ordinance Of The Council Of The City Of Fairmont Providing For And Authorizing The Execution And Delivery Of A Waiver Or Release Of Right Of First Refusal To Purchase Fifth Street Gym From The Board Of Education Of The County Of Marion.  2. An Ordinance Amending And Supplementing That Portion Of Ordinance No. 403, As Amended, Which Is Codified As Part 15 Fire Prevention Code, Article 1507, Bureau For Fire Prevention, Section .07 State Code And Fire Marshal Rules, Of The Code Of The City Of Fairmont, To Provide For The Adoption Of The Standards And Requirements Set Out In Title 87 Legislative Rule, Fire commission, Series 1 Fire Code, Established And Adopted By The State Of West Virginia, To Be Effective May 1,  2024, Exclusions.    ITEM 11    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE EXECUTION AND DELIVERY OF A WAIVER OR RELEASE OF RIGHT OF FIRST REFUSAL TO PURCHASE FIFTH STREET GYM FROM THE BOARD OF EDUCATION OF THE COUNTY OF MARION  SYNOPSIS  By this proposed ordinance the City of Fairmont desires to manifest its intent not to exercise the right of first refusal to purchase Fifth Street Gym, set out in that certain deed by and between the Board of Education and the City of Fairmont, which deed is dated June 7, 1974, and of record in the Office of the Clerk of the County Commission of Marion County, West  Virginia, in Deed Book 781, at page 580.  In addition, by this proposed ordinance Council authorizes the City Manager to execute and deliver the "Waiver of First Refusal Right to  Purchase" in the form attached.    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE EXECUTION AND DELIVERY OF A WAIVER OR RELEASE OF RIGHT OF FIRST REFUSAL TO PURCHASE FIFTH STREET GYM FROM THE BOARD OF EDUCATION OF THE COUNTY OF MARION  WHEREAS, by deed dated June 7, 1974, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 781, at page 580, the Board of Education of the County of Marion, hereinafter "Board of Education" agreed that the City of Fairmont "shall have the right of first refusal of the purchase of the [Fifth Street Gym]  for a nominal fee."  WHEREAS, the Board of Education has notified the City of Fairmont of the sale of Fifth Street Gym, and by this Ordinance, the City of Fairmont desires to manifests its intent not to exercise its right of first refusal and provide for the execution and delivery of the "Waiver of First Refusal Right to  Purchase" in the form attached.  WHEREAS, the right of first refusal is a vested real property right, and West Virginia Code $8-11-3(6) and Section 2.12 subpart (6) of the City Charter provide that the sale or conveyance of any interest in real property possessed or owned by the City must be authorized by Council by ordinance. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. FINDING AND WAIVER: The purchase of the Fifth Street Gym from the Board of Education is not in the best interest of the City of Fairmont, and the City of Fairmont hereby waives the right of first refusal set out in that certain deed dated June 7, 1974, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in  Deed Book 781, at page 580, and dees hereby release same.  SECTION 2. AUTHORIZATION/APPROVAL: The City Manager for the City of Fairmont be and is hereby authorized, empowered and directed to execute and deliver for and in the name of and on behalf of the City of Fairmont the "Waiver of First Refusal Right to Purchase", in the form attached, together with any other transactional document which may be necessary and to do all acts and things as may be reasonable, necessary and    desirable to consummate the transaction contemplated hereby and otherwise carry out the purpose and intent of this ordinance, as the City Manager executing the same may approve, such approval and the propriety and necessity of said documents and acts to be conclusively evidenced by  the execution, delivery and undertaking thereof.  SECTION 3. EFFECTIVE DATE: This Ordinance shall become effective  thirty (30) days after adoption.  Adopted this  day of  2024.  MAYOR  ATTEST:  CITY CLERK    WAIVER OF FIRST REFUSAL/RIGHT TO PURCHASE  The City of Fairmont, a West Virginia Municipal Corporation, hereby forever releases and relinquishes its right of the first refusal to purchase that certain real estate situate in the City of Fairmont, Fairmont District, Mairon County, West Virginia, with a physical address of 501 Coleman Avenue, Fairmont, WV; and listed in the 2023 Land Books ofMarion County, West Virginia as "11208 Sq Ft5t St" (Tax Map No. 26, Parcel 198.1). The right ofthe first refusal toj purchase said real estate was granted to the City of Fairmont in a deed dated June 7, 1974, from The Board of Education of the County of Marion to The City of Fairmont, recorded in the Office. of the Clerk of the County Commission ofMarion County, WVi in Deed Book No. 781, at page 580.  CITY OF FAIRMONT, aN Municipal Corporation BY: ITS: City Manager  STATE OF WEST VIRGINIA, COUNTY OF MARION, TO-WIT:  The foregoing instrument was acknowledged before me this  day of  2024, by  City Manager, for the City  ofFairmont, ai municipal corporation, for and on behalf of said municipal corporation.  [Seal]  Notary Public  My Commission Expires:  This] Instrument Prepared By: Mary L.] Robinson, Attorney: atLaw 3421 LeeA Avenue, Clarksburg, WV26301 304-624-1023    ITEM2    ORDINANCE NO.  AN ORDINANCE AMENDING AND SUPPLEMENTING THAT PORTION OF ORDINANCE NO. 403, AS AMENDED, WHICH IS CODIFIED AS PART 15 FIRE PREVENTION CODE, ARTICLE 1507, BUREAU FOR FIRE PREVENTION, SECTION .07 STATE CODE AND FIRE MARSHAL RULES, OF THE CODE OF THE CITY OF FAIRMONT, TO PROVIDE FOR THE ADOPTION OF THE STANDARDS AND REQUIREMENTS SET OUT IN TITLE 87 LEGISLATIVE RULE, FIRE COMMISSION, SERIES 1 FIRE CODE, AND ESTABLISHED AND ADOPTED BY THE STATE OF WEST VIRGINIA, TO BE EFFECTIVE MAY 1, 2024, EXCLUSIONS  SYNOPSIS  This proposed ordinance provides for and establishes the standards and requirements set out and established in Title 87 Legislative Rule, Fire Commission, Series 1 Fire Code, passed by the State of West Virginia on March 8, 2024, to be effective on May 1, 2024, excluding any standards and requirements directed to the operation of local fire department, and providing that nothing in the rule may be construed to permit or establish standards for the outdoor storage of used tires in the City of Fairmont, the outdoor storage of used tires being otherwise prohibited by ordinance.  A copy of the legislative rule is attached.    ORDINANCE NO.  AN ORDINANCE AMENDING AND SUPPLEMENTING THAT PORTION OF ORDINANCE NO. 403, AS AMENDED, WHICH IS CODIFIED AS PART 15 FIRE PREVENTION CODE, ARTICLE 1507, BUREAU FOR FIRE PREVENTION, SECTION .07 STATE CODE AND FIRE MARSHAL RULES, OF THE CODE OF THE CITY OF FAIRMONT, TO PROVIDE FOR THE ADOPTION OF THE STANDARDS AND REQUIREMENTS SET OUT IN TITLE 87 LEGISLATIVE RULE, FIRE COMMISSION, SERIES 1 FIRE CODE, ESTABLISHED AND ADOPTED BY THE STATE OF WEST VIRGINIA, TO BE EFFECTIVE MAY 1, 2024, EXCLUSIONS  WHEREAS, it is the desire and intent of the City of Fairmont by the adoption of this ordinance to provide for and establish the standards and requirements as set out and established in Title 87, Legislative Rule, Fire Commission, Series I Fire Code, established and adopted by the West Virginia Legislature, and to be effective May 1, 2024; provided that all standards and requirements directed to the operation of local fire departments, if any, are excluded, and further provided that nothing in said rule, including the provisions of Section 87-1-10, Outdoor Storage of Used Tires, shall permit or be deemed to permit the outdoor storage of used tires in the City of Fairmont, or establish or be deemed to establish standards for the outdoor storage of used tires in the City of Fairmont, the outdoor storage  of used tires being otherwise prohibited by ordinance.  NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: Ordinance No. 403, as amended and supplemented, codified as City of    Fairmont Code Part 15 FIRE PREVENTION CODE, Article 1507 BUREAU FOR FIRE PREVENTION, and particularly Section 1507.07 STATE CODE AND FIRE MARSHAL RULES thereof, be and is hereby amended and supplemented as  follows: (matter omitted strikethrough; new matter double underlined.)  PART 15 - FIRE PREVENTION CODE  ARTICLE 1507 BUREAU FOR FIRE PREVENTION  SECTION 1507.07 STATE CODE AND FIRE MARSHAL RULES  (a) In addition to the sections of this Fire Prevention Law there are hereby adopted for the purpose of prescribing regulations for fire prevention and safety, the provisions of the West Virginia Code, and the Regulations of  the State Fire Marshal and the State Fire Code.  (b) The standards and requirements as set out and established in Title 87 Legislative Rule, Fire Commission, Series 1 Fire Code, adopted by the State of West Virginia effective on [August 1, 2022], May 1, 2024, be and are hereby adopted and incorporated in and made a part of this section as if fully set out herein; provided that all standards and requirements directed to the operation of local fire departments are excluded and deemed inapplicable to the City of Fairmont Fire Department; and further provided that nothing in said rule, including the provisions of Section 87-1-10, Outdoor Storage of Used Tires, shall permit or be deemed to permit the outdoor storage of used tires in the City of Fairmont, or establish or be    deemed to establish standards for the outdoor storage of used tires in the City of Fairmont, the outdoor storage of used tires being otherwise  prohibited by ordinance.  This Ordinance shall become effective thirty (30) days after adoption.  Adopted this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    WEST VIRGINIA SECRETARY OF STATE ADMINISTRATIVE LAW DIVISION  eFILED 4/15/2024 4:38:46 PM Office of West Virginia Secretary Of State  MACWARNER  NOTICE OF FINAL FILING AND ADOPTION OF Al LEGISLATIVE RULE AUTHORIZED  BV THE WESTV VIRGINIA LEGISLATURE  AGENCY:  Fire Commission  TITLE-SERIES: 87-01 Repeal of existing rule: No  RULETYPE: Legislative RULE NAME: Fire Code  Amendment to Existing Rule: Yes  CITESTATUTORY, AUTHORITY: W. Va. Code 15A-11-3. The above rule has been authorized by the West Virginia Legislature.  Authorization is cited in (house or senate bill  Senate Bill36  number) Section 64-6-3 May 1.2024  Passed On  3/8/2024 12:00:00AM  This rule is filed with the Secretary of State. This rule becomes effective on the following date: This rule shall terminate and have no further force or effect from the following date:  August 01.2029  BY CHOOSING YES,IATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT.  Yes  Brandolyn N Felton-Ernest - By my signature, Icertify thatlam the person authorized to file legislative rules, in accordance with West Virginia Code $29A-3-11 and $39A-3-2.    87CSR1 TITLE87 LEGISLATIVERULE FIRECOMMISSION SERIES1 1 FIRE CODE  $87-1-1. General.  1.1. Scope. - This rule establishes the State Fire Code for the safeguarding ofl life and property from 1.2. Authority. This legislative rule is issued under authority of W. Va. Code $ 15A-11-3.  thel hazards of fire: and explosion.  1.3. Filing Date. = April 15,2024. 1.4. EffectiveDate. = May 1, 2024.  1.5. Sunset Provision. - This rule shall terminate and have noi further force or effect on August 1,2029. 1.6. Exemption. - This State Fire Codel has no application toj personal carel homes caring for three or less patients or buildings used wholly as dwelling houses for no more than two families and has no application to buildings or structures used primarily for agricultural purposes including agritourism purposes. Provided; however, that farm structures (1) used for group sleeping accommodations for farm workers or (2) used for health care, or detemtion'correctional occupancy are not exempt from the requirements of this State Fire Code. All permits and processes pertaining to the boilers, including inspections, are exempt from the State Fire Code and are under the jurisdiction of the West Virginia 1.7. Incorporation of Other Documents. : This State Fire Code does not include a reprinting ofa all the requirements imposed by statute or by thei incorporation ofvarious National Standards and Codes cited ins section 2 of this rule. For ascertaining these additional standards and requirements it is necessary to make reference toi these other documents. A copy of the relevant standards are listed throughout this Rule, and in Appendices A and B, attached to this Rule. The relevant standards may be viewed, at no cost, on the National Fire Protection Association website at the time of the adoption oft this rule.  Division ofLabor.  1.8. Conflicts. 101 shall take precedence.  1.8.a. Whenever there is a conflict between NFPA 1 and NFPA 101, the requirements ofl NFPA 1.8.b. Whenever there is a conflict between the State Building code and the State Fire Code, the 1.8.c. Whenever therei is a conflict between the State Fire Code and thel NFPA codes, the State Fire  State Fire Code shall take precedence. Code shall take precedence. $87-1-2. National Standards and Codes.  2.1. The standards and requirements as set out and established by NFPAloft the 2021 edition of" "The  1    87CSR1  National Fire Codes" published by the National Fire Protection Association ("NFPA") and has the same force and effect as ifs set out verbatim in this rule and is hereby adopted andj promulgated by the State Fire Commission as aj part of the State Fire Code with the following exceptions or additions:  2.1.a. NFPA 101 2021 edition is adopted in full, as opposed to the limited capacity as seti forth in 2.1.a.1. NFPA 101 section 11.8 is adopted ini full with the following additions:  NFPA 1, with the following additions:  2.1.a.1.A. Any new building or structure more than 75 feet in height, measured from the  lowest level of fire department vehicle access to the floor oft 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 existing building, which previously was not a high rise, causing the building to become a high rise, the subparagraphs 2.1.a.1.A. or 2.1.a.1.B. or Table 2.2.a. 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 Thel National Firc Codes, adopted under Section 2 oft this rule. Class IManual Standpipe Systems may be used up to 75 feet as adopted by NFPA 14, Standard for Standpipe Systems. The fire alarm system ofal high-rise building shall conform to the Standards imposed by this rule. structure used for human occupancy that is 75 fect in height or greater as measured in accordance with subparagraph: 2.1.a.1.A. ofthis Section shalll havean approved clectrically supervised fire department voice communication system. Thel Firel Department Voice Communication System shalll be located at each floor level ofstair enclosures, elevator lobbies, thej penthouse and in any elevator designated for fire department use. This system shalll be a telephonejacksystemt unless specifically approved otherwisel by the designated 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 al 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, firej pumps and emergency generator and a (4) telephone approved by designated fire authority having jurisdiction. Emergency lighting shall be system conforming to The National Fire Codes adopted by section 2 ofthis rule shall bej provided in every high rise building 75 fect in height or greater, as measured in accordance with subparagraph 2.1.a.1.A. 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  are exempted: from thej provisions oft this paragraph.  2.1.a.1.B. Addition of Floors to Existing Buildings. - Whenever floors are added to an 2.1.a.1.C. Automatic Fire Protection Systems. - Any building or structure as defined in  building shall qualify as ai new building for purposes oft this rule.  2.1.a.1.D. Fire Department Voice Communication System. - AI High rise building or  fire authority having. jurisdiction.  2.1.a.1.E. High Rise Central Control Station. - In everyl high rise building as defined in  provided at the Central Control Siation.  2.1.a.1.F. Emergency Power. -- A permanently installed emergency power generation  ofsufficient capacity to provide service for, but not limited to, thei following:  2    87CSR1  2.1.a.1.F.1. thel Fire Alarm System; 2.1.a.1.F.2. Exit & Other Emergencyl Lighting; 2.1.a.1.F.3. Fire Protection Equipment; 2.1.a.1.F.4. the Smoke Management System; 2.1.a.1.F.5. the Firel Department Elevator;  2.1.a.1.F.6. thel Firel Department Voice Communication System; and  2.1.a.1.F.7. the Fire Pumps.  2.1.a.1.G. Smoke Management. - In alll high rise buildings as defined in subparagraphs 2.1.a.1.H. Floor Designation. - All stairway doors, both on the stairway and entrance  2.1.a.1.A. and 2.1.a.1.B. oft this section, a: smoke management system designed in accordance with NFPA 92Smoke-Control Systems, shall bej provided and acceptable to the State Fire Marshal. side, shall indicate the floors by number. The floor number shall be in at least 6-i inch block letters in a  contrasting color. arei modified as follows:  2.1.b. Except as otherwise provided in this rule, the standards set forth in section 2.2 of NFPAI  2.1.b.1. NFPA 5000 is excluded ini its entirety; 2.1.b.2. NFPA 472 is excluded inj its entirety; 2.1.6.3. NFPA 120 is excluded in its entirety; 2.1.b.4. NFPA 101A is excluded in its entirety.  2.1.c. Except as otherwise provided in this rule, the following NFPA standards are incorporated as 2.1.c.1. Thereferenced codes and: standards found in thel Nationall Firel Protection Association  ifs set forth fully int this subdivision:  NFPA 1 (2021 Edition), Referenced Publications, NFPA Publications shall be incorporated in this rule in Revise Article 517.41(E)to1 read asf follows:(E)Recptaclel Identification. The cover plates fort the electrical receptacles ort the electrical receptacles themselves supplied from the essential electrical system shall have 2.1.d. All Plan Reviews conducted shall meet the requirements of the State Fire Code, NFPA 1 Sections 1.7.12 through 1.7.14, NFPA 1 Section 1.14, NFPA 101, and other applicable NFPA codes. All Inspections conducted shall meet the requirements of the State Fire Code, NFPA 1 Section 1.7.7,NFPA  its entirety.  2.1.c.2. SUPPLEMENT VOLUME 1: Tentative! Interim Amendment tol NFPA70,  a distinctive color or marking so as tol be readily identifiable. [99:6.5.2.2.4.2]  101, and other applicable NFPA codes.  2.1.d.1. The owner or occupant ofanew building, existing Industrial and Storage occupancies,  3    87CSR1  or an existing building that has had 50% or more of the space renovated or reconstructed, shall obtain a certificate of occupancy including but not be limited to the State Fire Marshal's Office alone, before the 2.1.d.2. Theprojects, where applicable, shallbe designed by an Architect licensed by the West Virginia Board of Architects or a Professional Engineer licensed by the West Virginia State Board of Registration for Professional Engineers. Any such licensed professional shall affix his or her seal to the design documents per the respective licensing board and obtain a review approval from the Authority Having Jurisdiction ("AHP") prior to construction or noted renovation or reconstructed as noted in part documents submitted for the plan review ofprojects, including payments, attachments, drawings, or other requirements. The State Fire Marshal's Office shall have the system inj place by January 1, 2025. After that date, the owner or occupant applying for ai final inspection or certificate of occupancy shall submit all receiving the project plan's submission. Ifthe submitted project plans doi not meet the requirements oft this subdivision, the AHJ: shall: notify the owner or occupant oft the project plan's deficiencies with specificity. The owner or occupant has 10 days to submit additional required documentation to the AHJ. The AHJ has 10 days to complete thej plani review once all oft the requirements of this subdivision) have been met. 2.2. For purposes of this rule, the: following shall bei in addition to any standard seti forth in NFPA 1,  building is occupied or used for its intended purpose.  2.1.a.1.C.1. oft this rule.  2.1.d.3. The State Fire Marshal's Office shall provide asystem for the electronic filing ofall  documents for a plan review electronically. a  2.1.d.4. The appropriate AHJ shall complete a plan review for a project within 45 days of  orl NFPA 101.  2.2.a. Sprinkier Protection and Areal Limitations.  2.2.a.1. 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 except Industrial occupancies without special or high hazard use or structures with the exception of Industrial occupancies as previously described, exceeding the area limitations noted in the chart at the end oft this subsection, or as required by occupancy chapters of the applicable NFPA codes and other NFPA codes. Sprinkler protection for occupancies covered by section 2 of this rule are required to provide sprinkler prominently display signage stating whether the building contained an approved automatic sprinkler and  protection regardless of area limitations. See Table 2.2.a. below.  2.2.a.2 All residential occupancies, except one- and two-family dwellings, shall  whether the windows are capable ofb being opened or broken in an emergency.  4    87CSR1 TABLE2.2.a. BUILDING HEIGHT 2 Story  SPRINKLER PROTECTION &. AREA LIMITATION**  Type of Construction TypeI 443 Fire Resistive 332 Fire Resistive TypelI 222 Protected Non-Com. 35,000 25,000 10,000 111 ProtectedLimited 30,000 20,000 8,000 Combustible 000 Unprotected Limited 12,000 8,000 Unprotected Non-Com.  1 Story  More than 2 More than Stories and 40 feet Upt to 40ft.  More than 75 feet  60,000 60,000 40,000 40,000 40,000 30,000  35,000 25,000 Sprinklered Sprinklered  Highl Rise High Rise High Rise High Rise  Sprinklered Not Permitted Not Permitted  Type II 211 200 Non-Protected Ordinary TypeIV 2HH Heavy Timber Type V 111 Protected Wood Frame 000 Non-Protected Wood] Frame *Notesto Table: 2.2.a: ofa2h hour firer rating.  Protected Ordinary 14,000 14,000 Sprinklered Not Permitted Not] Permitted  9,000  6,000  Sprinklered Not Permitted Not Permitted  15,000 15,000 Sprinklered Not Permitted Not Permitted 11,500 11,500 Sprinklered Not Permitted Not Permitted  6,000  6,000  Not Permitted Not Permitted Not] Permitted  (1) The word' "area" means that area enclosed by exterior ori foundation walls, fire walls, ora combination ofe exterior or foundation walls. Af fires wall shall bec constructedi ina accordance with) NFPA 221, Standard forl Fire Walls andl Firel Barrier Walls, with ai minimum (2) The phrase" "not permitted" means that buildings ofthese heights are1 not permitted fort thet type ofconstructioni indicated. (3) Thej phrase" "HighF Rise" means that thel building shall also comply with subsection 2.1.0 ofthis Rule.  5    87CSR1  (4) Typesofbuilding constructioni indicatedi int the chart arel locatedinl NFPA2 220: and: 221, Standard on1 TypesofBuilding Construction. (5) Exception: Automatic sprinklers shall not bei requiredi inc open parking structures as defined inl NFPA 88A construction that arel less than 401 feet inl heighta asi measured per part 2.1.a1.A. ofthis Rule. 2.2.b. Sprinkler Protection (Certain Occupancies).  ofTypeIor Type II  2.2.b.1. InL Lodging and] Rooming occupancies, a sprinkler system shall not bei required where 2.2.b.2. Homes or institutions caring for more than three patients shall meet the requirements 2.2.b.3. Buildings commencing construction after July 1, 2023, housing emergency fire,  therei is directing outside exiting from each sleeping room and an approved electrically supervised: firea alarm  system is installed. oft this section.  rescue, or ambulance services shall be protected throughout by approved automatic sprinkler systems; Provided, That emergency services buildings that house only equipment, are less than 5,000 square fcet, and do not have designated sleeping areas or quarters within them, regardless of when constructed or  commencing construction, are exempt from this requirement.  2.2.c. Fire Alarm System.  2.2.c.1. General Requirements for All Occupancies.  2.2.c.1.A. The following requirements apply in addition to NFPA 101, Life Safety Code, 2.2.c.1.A.1. All Hotels that are 3 or more stories high and Motels that are 3 or more 2.2.c.1.A.2. Exception: Hotels and motels with direct to outside exits from all guests'  Chapter 9, Section 9.6, Chapters 11 through 43, and other applicablel NFPA codes as adopted by this Rule: stories high, shall be tied into al listed central supervising station or a communication center with 24-hour  supervision which is responsible for receiving emergency calls.  rooms.  2.2.d. Inspection Tags  2.2.d.1. Ani inspection tag: shall be attached to each firep protection system near themain 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:  2.2.d.2. The individual performing the work; 2.2.d.3. The date oft thet test; 2.2.d.4. Results of thc inspection and test. 2.2.e. Requirements for Educational Occupancies.  2.2.e.1. Classroom door locking to prevent unwanted entry- NFPA 101 section 15.2.2.2.4shall  be amended tos read as follows:  6    87CSR1  (1) thel locking mechanism shall be capable oft being engaged without opening the door. (2) Theunlocking and unlatching from the classroom side ofthe door can be accomplished (3) Locks, if remotely engaged, shall be unlockable from the classroom side oft the door (4) the locking means shall not modify the door closer, panic hardware, or fire exit hardware, provided that any devicel purchased and approved by thel Fire Marshal prior  without the use ofal key, tool, or special knowledge or effort. without the use ofal key, tool, or special knowledge or effort.  to. July 1, 2020, is exempt from this subdivision. (5) Two non-simultancous releasing operations shall be permitted.  (6) The temporary door locking device can be opened by school staff, school administrators, andi first responders from thei ingress side oft 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 (7) Modifications to fire door assemblies, including door hardware shall bei in accordance (8) Staffs shalll be drilled in the engagement and release ofthe locking means, from within (9) Any locking mcchanism purchased, installed, or utilized pursuant to this section shall be approved by the State Firel Marshal in accordancer with policies promulgatedbylhim. (10) In addition, a temporary door locking device shall only be used under the following a. Proof is provided by the administrative authority ofa school building b. Thet temporary door locking device shall only be usedi in an emergency: and C. During any type of training event, the temporary door locking device is d. The temporary door locking device shall only be engaged fora  from this subdivision. with NFPA 80.  and outside thes room, asj part ofthe emergency egress drills required by 14.7.2.  conditions:  thata as school safety plan has been adopted and filed,and  during active shooter drills; and  engaged only byas staffmember oft thes schoolbuilding; and  finite period oft time as determined by the administrative authority ofas schooll buildingi in: accordancewith the approved and adoptedschool: safety plan or during an actual active shooter event until first responders that all appropriate fire responder agencies having. jurisdiction for the school building have been notified  instruct them to disengage the said device;  e. Proofis provided by the administrative authority of a school building  prior to the use oft the temporary door locking device;and  f.  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  7    87CSR1  shalll bei maintained oni file and provided tot the State Firel Marshal's Office upon request.  2.2.e.2. All Modular classroom structures with Manufacturer's Statements of Origin after  January 1, 2018, shall be considered a new building and fall under New Educational Occupancy requirements of NFPA 101 Code. All other classroom structures with Manufacturer's Statements of Origin prior to January 1, 2018, shall be considered an existing building and fall under Existing Educational Occupancy requirements of NFPA 101 Code, regardless of the date ofi installation of the  structure att the educational facility's location.  2.2.f. Explosives.  2.2.f.1. As soon as practical after all loaded blast holes (shot) are linked, they shall be 2.2.f.2. Pre-loading blast holes (shots) to be: fired at al later time are prohibited unless a waiver 2.2.f.3. Section 4.6.2 of the National Fire Protection Association (NFPA) 495, Explosive  immediately connected to a source ofignition and fired by a person legally permitted to do SO.  has been granted to do so by the State Firel Marshal.  Material Code, thej provisions ofs which are incorporated in NFPA land 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 explosives stored ovemight. Provided that type III portable magazines and type V trailers which have not been disabled for over the road uses shalls not be counted as magazines fori thepurposes ofthes storage permit only. Also provided that a storage permit for explosives stored exclusively underground shall not be Firel 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/kesponsible Person" clearance as issued  Helper"permit to use explosives.  2.2.f.4. Avalid explosives storage permit shall be obtained from the State Firel Marshal for any  required.  2.2.f.5. Av valid permit to use explosives ("Blaster License") shall be obtained from the State  by thel Bureau of Alcohol, Tobacco, Firearms and Explosives where applicable.  2.2.f.6. Control of Adverse Effects.  2.2.f.6.A. Blasting shall be conducted in a manner that prevents injury to persons and  damage to public or private property outside thcj 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 toj persons (NFPA495).  2.2.f.6.B. "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 area, the licensed blaster shall notify the State Fire Marshal by telephone within 21 hours after learning of the flyrock incident, and submit a flyrock incident report to the State Fire Marshal within 31 business days after leaming of the incident. The report shall bes 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  boundary of the permit or blast area.  2.2.f.6.B.1. If flyrock is cast beyond the operational boundary of the permit or blast  8    87CSR1  sketch ofthel blast site and rock deposition area, and a detailed explanation of: how thel blasts wered designed and loaded; who witnessed the blasts and where they were located and what they observed; the location and nature oft the flyrock deposition (including property owners, type and approximate number 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. building, school, church, dam, carthen impoundment, or community or institutionall building located outside thel limitations as defined andi illustrated inl NFPA495, Section 11.1.2.1(a). Provided, permitee, 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 @fEnvironmental! Protection, Office ofl Explosives and Blasting within the Division ofMiming and Reclamation. Alternatively, a waiver oft this requirement from the owner oft the structure may be filed with the State Firel Marshal's Office.  size ofrocks,  and  2.2..6.C. Ground vibration, when measured at any dwelling, public or commercial  the operational boundary of thej permit or work area not owned or leased by the  shall not exceed  NFPA 495, Section 11.1.2.1(a)  10  254  2in/s (50.8mm/s)  0.008i in (0.2mm)  Drywas 07 w 751 w-ww inis w. (19 mmis) Plasler 0.5in/s (12.7 mm/s)  0.03i in (0.7Bmm)  0.1 1  2.54 100  10 Frequency, Hz  2.2.f.6.D. Airblast, when measured at any dwelling or building listed in  2.2.f.6.C. of this rule shall be in compliance with NFPA 495, Table 11.2. Air Overpressurel Limits. subparagraph  9    87CSR1  Table 11.2 Air Overpressure Limits  Lower Frequency ofMeasuring System [Hz (+1-3 dBL) 0.1 Hz or lower- flat response* 2Hz or lower- flat response 61 Hz or lower- flati response C-Weighted- - slow response*  Measurement Level (dBL) 134 peak 133 peak 129 peak 105 peak  *Only where approved by the state: fire marshal.  2.2.f.6.E. A. seismograph shall be used beside the nearest dwelling or building listed in  subparagraph: 2.2.f.6.C. ofthis rule to demonstrate compliance with the ground vibration and airblast limits listed ins subparagraph 22E6Camd22E6D. ofthis rule. As ail alternate to scismographic: 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, ini feet, from the nearest blasthole to the nearest dwelling or building listed in subsection 2.2.f.6.C. ofthis wells, oil or gas transmission and distribution lines, high-voltage steel transmission towers, public water lines, and silos, located outside tho operational boundary of thel blasting operation not owned or leased by the) permittee, as seismograph shalll ber used beside the nearest structure to demonstrate that thej peak particle velocity did not exceed 2.0 inches per second. As an alternate tos seismographic monitoring, the blast shall comply with scaled distance equation, W = (D/50), where W is the maximum weight of explosives, in pounds, that can be detonated within any period less than 8milliseconds, Di is the distance, in feet, from the nearest blasthole to the nearcstdwelling or building listed in subparagraph 2.2.f.6.C. ofthis rule, and fifty is the applicable scaled distance factor. Alternatively, a waiver ofthis requirement from the owner oft the 2.2.g. Monitoring instruments - All seismographs used toj prove compliance with the ground vibration and airblast limits required by this rule shall be deployed int thei field according to thel ISEEI Field Practice Guidelines for Blasting Seismographs (2009 Edition). Whenever possible, the seismographic measurement shall bei made within 10 feet of tho building or structure being monitored, on the side oft the  rule, and fifty is the applicable scaled distance factor.  2.2.f.6.F. For structures not listed in subsection 2.2.f.6.C. of this rule, such as oil or gas  structure may be filed with the Statel Fire Marshal's Office.  building or structure closest to the blast site.  2.2.g.1. A monitoring instrument for recording ground vibration, ata minimum, shall have:  a. Afrequency range of21 Hz to 2501 Hz;  b. Particle velocity range of. .02 to 4.0: inches per second or greater; and  Ani internal dynamic calibration system.  2.2.g.2. Amonitoring instrument used tor record airblast shall have: a. Al lower frequency limit of0.1,2.0or6Hz  10    87CSR1  b. An upper end flat-frequency response of at least 2501 Hz; and :. Adynamic range that, at a minimum, extends from 106t0142dBL.  2.2g.3. A monitoring instrument shall be calibrated annually and when an instrument is  repaired and then the repair may effect the response oft the instrument. Calibration shall be done by the manufacturer oft the equipment, or by an organization approved by thei manufacturer, or by an organization having verifiablel knowledge oft the calibration procedures developed by the manufacturer. The calibration procedure shall include testing the response of the entire system to extemally-generated dynamic inputs. These inputs shall test the entire monitoring system at a sufficient number of discrete frequency intervals toa assureflati responset throughout the frequencyi ranges specified by this rule. Dynamicreference: standards used for calibration shall bc traceable to the National Institute of Standards and technology (NIST). Calibration; procedures and documentation ofcalibration: shalli immediately bei made available upon demand technician, the date of calibration and frequency range ofthe airblast monitor shall bei made available upon  by the State Fire Marshal, or other law enforcement or regulatory personnel.  2.2.g.4. A certificate that indicates the name of the calibration facility, the calibration  request by the State Fire Marshal, or other law enforçement or regulatoryagency.  2.2.h. Monitoring Records.  2.2.h.1. Any person who operates a seismograph: for thej purpose of demonstrating compliance  with the ground vibration and airblast limits oft 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 aftert the blast inc digital and printed forms; and understanding the results. Such training shall be received from ai representative of the seismograph manufacturer or distributor, or other competent person(s). Arecord ofsuch 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 thej purpose ofd demonstrating compliance with the ground vibration and airblast  limits ofthis rule shall also receive refresher training every two years.  2.2.h.2. Monitoring records, at a minimum, shall contain:  2.2.h.2.A. A calibration pulse on each of the mutualy-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 Firc Marshal, or other law enforcement or1 regulatory personnel tos verify that the seismograph is recording ground vibration to its specific accuracy. vibration traces and one air-overpressure trace, including time base, amplitude scales and peak values for  2.2.h.2.B. The time history of particle velocities for three mutually perpendicular ground  all traces.  2.2.h.2.C. The results ofai field calibration test for each channel.  2.2.h.2.D. The frequency content of all vibration signals using either single degree of 2.2.h.2.E. Frequency versus particle velocity plots as indicated in NFPA 495, Table  freedom (SDF) response spectrum, Fast Pourier Transform (FFT) or half-cycle zero-crossing analysis  methods.  II    87CSRI  11.1.2.1(b).  2.2.h.2.F. The name of thei individual taking the recording.  2.2.h.2.G. The GPSNAD83 or 27 location oft the monitoring instrument, andi the date and  time of the recording; and  2.2.h.2.H. The last calibration date oft the monitoring instrument.  2.2.h.3. Ifthe State Firel Marshal questions thevalidity ofa ground vibration or airblastrecord,  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 State Fire Marshal requires that a recording be analyzed or certified, it shall be  performed and included with the blast report within 30 days. 2.2.i. Blasting Activity Registration.  2.2.1.1. "Applicant" is defined as any user of commercial explosives that has obtained 2.2.i.2. An: agency approved form shalll be: submitted fora any and alll blasting activity, excluding  applicable Bureau of Alcohol Tobacco & Firearms ("BATF") clearances and intends to legally detonate surface coal extraction activities already permitted by the West Virginia Department of Environmental Protection, Office of Explosives and Blasting within the Division ofMining and Reclamation, to the State Fire Marshal no less than 2 business prior to the blasting activity commencing, and shall include the  any amount of commercial explosives for authorized purposes.  following information:  2.2.1.2.A. The applicant'sn name, address, telephone number and type ofbusiness; 2.2.1.2.B. Acontact person'si name, title, and telephone number;  2.2.1.2.C. The identity ofi independent: subcontractors who will bej performing thel blasting  activity;  2.2.i.2.D. The type of explosive to ber used; 2.2.1.2.E. The location oft the blasting activity; and 2.2.1.2.F. Job duration and times of the blasting activity.  2.2.j. Blast logs.  2.2.j.1. Blast logs shall be maintained. for: aj period ofi five years by anyone conducting blasting  activities. Those logs shall immediately be made availablet upon demand by the Statel Firel Marshal, or other  law enforcement or regulatory personnel.  2.2.j.2. The blast log shall include as ai minimum: 2.2.j.2.A. The name of the blasting activity applicant; 2.2.j.2.B. The date and time oft the blast;  12    87CSR1  2.2.j.2.C. Thel location oft the blast using GPS NAD 83 or 27 coordinate system; 2.2.j.2.D. The owner name and: address ort the POPi-t 2.2.j.2.E. The direction and distance in feet from the blast site to the nearest structure not 2.2.j.2.F. The direction and distance to the closestutility not owned by the blasting gactivity  building location not owned by the blasting activity applicant or customer;  owned by thel blasting activity applicant or its customer;  applicant or its customer;  2.2.j.2.G. The typeofmaterial to be blasted; 2.2.j.2.H. The type ofstemmingldeeling. material used;  2.2.j.2.1. The measures taken to control flyrock, including whether or not mats were used; 2.2.j.2.J. The weather conditions including temperature, wind direction and estimated 2.2.j.2.K. The total number of holes, diameters, depths, burdens, spacings, subdrill, top 2.2.j.2.L. Explosives product densities and pounds used and/or units, not including 2.2.j.2.M. The total weight inj pounds of explosives andj primer cartridges used; 2.2.j.2.N. The type and total length in fcet of detonating cord(s) used;  speed, cloud cover;  and deck: stemming heights, pounds per hole;  detonating cord;  2.2.j.2.0. The type, length, delay period(s), of each detonator and the total quantity each  type of detonator used: Provided, that for the purposes ofthis subparagraph, ifan electronic detonator is  used, a delayperiod is not required to be reported on the blast log;  2.2.j.2.P. The type(s) of initiation system used;  2.2.j.2.Q. Themaximum weight inj pounds ofexplosives detonated per delay periodofless 2.2.j.2.R. The scaled distance to the closest structure and/or utility not owned by the 2.2.j.2.S. The powder factor(s) in pounds per cubic yard, tons per pound, or pounds per 2.2.j.2.T. The monitoring records required shall be made aj part of the blast report within  than 81 milliseconds; applicant or client; square foot;  241 hours of the blast ifrequired by subparagraph 2.2.f.6.C.;  13    87CSR1  2.2.j.2.U. A technicali illustration (sketch)showing: north arrow, the direction tot thenearest 2.2.j.2.V. A technical illustration (sketch) showing typical borehole load cross sections; 2.2.j.2.W. The printed name, signature, and permit number oft the blaster-in-charge for  structure and/or utility, the arrangement of blast hole burdens and spacings, firing time(s) and/or delay  patterns for each blast charge, point ofi initiation, and free faces;  each blast; and  2.2.j.2.X. Any unusual conditions or comments.  2.3. Necessity of Installation and Maintenance of Carbon Monoxide Alarms or Detectors.  2.3.a. An operational single station carbon monoxide detector with a suitable alarm or a combination smoke detector and carbon monoxide detector, which shall be alternating current (AC) powered with battery backup shall be: in all new construction; and, in existing construction, shall either be plugged directly into an electrical outlet that is not controlled by a switch or hardwired: into an alternating current (AC) electrical source, with battery backup. Carbon Monoxide Alarms or Detectors shall be installed, maintained, tested, repaired, or replaced, if necessary, in accordance with the manufacturer's  direction:  2.3.a.1. In any newly consiructed: residential unit which has ai fuel-burning heating or cooking 2.3.a.2. In any residential unit which is connected toa a newly constructed building, including, 2.3.a.3. In cither a common arca wherc the goneral public has access or all rooms in which a  source. including, but not limited to, an oil or gas furnace or stove; including, but not limited to, an oil or gas furnace or stove;  but not limited to, a garago, storage shed or bar, which has a fucl-burning heating or cooking source, person will be sleeping that are adjoining to and being directly below and above all areas or rooms that contain permanently installed fuel-burning appliances and equipment that emit carbon monoxide as a byproduct of combustion located within all apartment buildings, boarding houses, dormitories, long-term carefacilities, adult or child carei facilities, assisted living facilities, one-andt two-familydwelling: intended combination smoke detector and carbon monoxide detector shall bel hardwired into an alternating current (AC) electrical source, with battery backup, when installed in all newly constructed apartment buildings, boarding houses, dormitorics, hospitals, long-term care facilities, adult or child care facilities, assisted living facilities, one- andi two- family dwellings intended to be rented or leased, hotels and motels. single station carbon monoxide detector with a suitable alarm or a combination smoke detector and carbon monoxide detector shall only bei required to be installed in an area of thei facility that permits the detector heating system or other fuel-burning device that produces combustion gases. A carbon monoxide detector shall be located in cach area with ai fuel-burning heating system or other fuel-burning device that produces  tol berented or leased, hotels and motels.  2.3.a.3.A. All single station carbon monoxide detector with a suitable alarm or a  2.3.a.3.B. In any long-term care: facility that is staff on a 241 hour, 7 day a weck basis, the  tol be audible to the staff on duty.  2.3.a.3.C. In every public or private school or daycare facility that uses a fuel-burning  combustion gascs.  14    87CSR1  2.3.a.3.D. Any person installing a carbon monoxide detector in a residential unit shall 2.3.a.3.E. When repair or maintenance work is undertaken on a fuel-burning heating or  inform the owner, lessor or the occupant or occupants of the residential unit of the dangers of carbon monoxide poisoning and instructions on the operation ofthe carbon: monoxide detector installed. cooking source or a venting system in an existing residential unit, the person making the repair or performing the maintenance shall inform the owner, lessor or the occupant or occupants of the unit being served by the fucl-buming heating or cooking source or venting system oft the dangers of carbon monoxide 2.3.b. Carbon monoxide detectors shall be permitted to be connected to an approved fire alarm system. Activation of the carbon monoxide detector shall signal a supervisory alarm on the fire alarm  poisoning and recommend the installation ofa carbon monoxide detector.  control panel.  2.4. Necessity OfNICET Certification for Fire Protection and] Fire Alarm Systems.  2.4.a. 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 companyunlesst the company maintains at least I employee possessing a valid certificate ofcompetency of level 2 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 ofmainténance, repair or inspection activities and shall include, but not be limited to, other qualified personnel who meet one or more oft the following: (1) Personnel who are factory trained and certified for the specific type and brand of system being serviced; (2) Personnel who are certified by a nationally recognized certification organization açceptable to the authority havingjurisdiction; (3) Personnel who are: registered, licensed, or çertified by a state or local authority to perform service on systoms addressed within scope of this Code, cither individually or through their affiliation with an organization; (4)] Personnel who are employed and qualified by an organization listed by a nationally. recognized testing laboratory for the servicing of systems within 2.4.b. Alli fire protection extmguishment devices or systems not covered bys subsection 2.3.a. shall adhere to the following: No fire proteclion 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 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. 2.4.c. All fire protection systems plans and specifications shall be developed in accordance with applicable codes pertaining to the specific system for submittal and review and shall have at least 1 employee possessing a valid certificate of competency issued by the National Institute of Certification in Engineering Technologies (NICET) level 3 for design purposes. The system designer shall be identified on the system design documents. The system designershall provide evidence of their qualifications and/or  the scope oft this Code.  certification to the agency. $87-1-3. Reporting of Fire Incidents.  3.1. The fire chief of any organized public fire brigade, department or company shall reportevery: fire and: non-fire incident to the State Firel Marshal. Every fire and non-fire incident response shalll be reported  15    87CSR1  within 180 days after the date ofthei incident. Provided, that any fire or explosion involving human fatality,  arson or suspected arson shall be reported immediately.  $87-1-4. Unvented Heaters.  4.1. All unvented: fuel fired heaters are prohibited: for all occupancies except 1 and 21 family dwellings. Provided, that a single unvented fuel fired heater is permitted for demonstration purposes in authorized mercantileappliceations wheninstalled ina accordance with thes manufacturer's recommendations. Thesingle heater shall be connected to a permanent source of fuel and shall not be used as aj permanent or alternate source ofheating. The unvented heater shall bes shut off at the end ofe each business day. $87-1-5. Maintenance of Fire Hazard; Order for Correcting Condition, Removal of Material, Repair,Demolition, etc.; Order to Contain Notice to Comply and Right to Appeal. 5.1. Whenever the Stale Fire Marshal, by and through persons working under his or her direction, determines based upon the Statel Fire Code and/or on the experience andl knowledge appliedi in the operation ofhis or her office (1) that any building or structure has been constructed, altered, or repaired in a1 manner violating the State Fire Code: as promulgated prior to the commencement of the construction, alterations, or repairs, or (2) that any building or structure is being maintained or used in such a way as to endanger life or property from the hazards of fire or explosion, or (3) that any building or other structure or property of any kind, which, for want ofrepairs, or by reason ofi its age, dilapidated, or abandoned condition or for any other reason constitutes a: fire hazards and is located or constructed sO as to constitute a danger to other buildings, property, persons, life, or limb, or (4) that in any building or upon any premises there is located any combustible, flammable, or explosive substance or material or other condition dangerous to the safety ofpersons occupying the building or premises and adjacent premises and property, the State Firel Marshal shall order the condition or thing to be corrected, or combustible, flammable or explosive, items to be removed, or the building or buildings to be repaired, closed to occupants, or removed, as required by the circumstances. The orders shall bej promptly complied with by the owner, agent, occupant, and lessee ofthe premises, place, property, or thing. Any order may be expressed: in the alternative, e.g., allowing repair but on the failure to repair requiring demolition. Any order by the State Fire Marshal which concludes that a firel hazard exists, shall state what repairs and/or demolition must be accomplished, and that compliance must be completed within thirly (30) days of issuance. In the event of noncompliance, the State Fire Marshal is authorized by slatute to enter into and upon the premises affected by the order and cause the building, structure, premises, or thing to be repaired, or torn down, materials removed, and all dangerous conditions remedied (as the case may be) at the expense of the owner, and shall advise that the order can be contested by entering an appeal to the State Fire Commission as outlined: ins section 17ofthis rule.  $87-1-6. Interference with Fire Protection Equipment.  6.1. Noj person shall render any portabled or fixed fire extinguishings system or device or any fire warning system inoperative or inaccessible except as may be necessary during emergencies, maintenance, drills, or 6.1.a. Any person responsible for maintenance, prescribed testing, or for drill purposes, shall contact thel local 911 center toi maket them aware ofthes said activities at the commencement and conclusion  prescribed testing.  of the above activities.  $87-1-7. Exit Inspections and Publicl Life Safety. Announcements.  7.1. Inspection of Exits. Not more than 90 minutes prior to the scheduled commencement of any noncontinuous activity, event, performance, show, meeting, function, or other occasion for which people  16    87CSR1  will gather in a place of assembly, the owner or his or her designee pursuant to written authority, instructions, or procedures shall inspect every required exit, way of approach to an exit, and way of departure from an exit. If the inspection reveals that any required means of egress is obstructed, inaccessible, locked, fastened, or otherwise unsuited for immediate use, the scheduled program shall not begin, nor shail admittance toi the placcofassemblyi bej permitted, until necessary corrective action has been 7.2. Amouncements. Immediately prior to the start ofal program for which 300 or more people will gather in a place of assembly, the owner or his or her authorized agent shall orally notify all attendees 7.3. Records. An accurate record of all inspections, corrections, and notifications shall be kept and retained: for at least 2 years in the offices oft thei respective building owners. The records shall contain: 7.3.a. A bricf description of each activity, event, performance, etc., including its date, time, and 7.3.b. The name and signature oft the person who performed each requirement oft this section; and 7.4. Alternatives. In case of practical difficulty or undue hardship, or in which compliance would: not significantly increase life safety, the State Fire Marshal may approve or accept alterative means of  completed.  conceming the location of the exits to be used in case off fire or other emergency.  location; and  7.3.c. The date and time when each requirement was performed.  accomplishing thc objectives oft this section. $87-1-8. Forest Fire Season.  8.1. Thej periods ofeach ycar between March 1a and May 31, inclusive, and October I"and December 31*, inclusive, are designated as forest fires seasons. Noj person shall during any fires season, except! between thel hours of 5:001 PM and 7:00 AM prevailing time, set fire to, or procure another to seti fire to, any brush, leaves, grass, debris, or field containing dry grass or other inflammable material capable of spreading fire, located in or within 3001 feet ofa any woodland, brushland, ori field containing dry grass or other inflammable material. Any fire set during this time shall be extinguished prior to 7:00 AM prevailing time. The prohibition of fires between 7:00 AM: and 5:00. PMj prevailing time does not 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 10 feet from the fire, and (2) burning which may be conducted at any time when the ground surrounding the buming site is covered1 by linch or more ofsnow. Any person whos sets or causes tol bes set any firej permitted by this section shall not leave thei fire unattended 8.2. Any person or his or her agent or employee who scts or causes to be set any fire at any time in the use and occupation of any kind on which the burning was being done is in violation ofthis section ifi fire escapes beyond thes safety strip. Any person who, by himself or herself, or by his or her employees, agents, org guides or as an employee, agent, or guide of any other person, at any time builds or uses any firei in any field, on1 any public or private road, or in any area adjacent to or on any forest land in this state, shall before leaving the firei for any period of time, totally extinguish the fire. Aj person shall not at any time throw or place any. lighted match, cigar, cigarette, firecracker or lighted material on any forest land, private road,  for any period oft time.  public highway, orrailroad right-of-way within this state. $87-1-9. Executive Order by the Governor on Open Burning.  17    87CSR1  9.1. On those occasions when the Govemor of the Statei issues an Executive Order or Proclamation to ban open burning due to weather conditions, the State Fire Marshal may assist in the enforcement oft the  provisions oftheProlamation or Executive Order. $87-1-10. Outdoor Storage ofUsed Tires.  Thes storage of used tires shall comply with thei following:  10.1. All ouldoor storage of used lires shall be free: from all trash and debris within thes site; 10.2. The owner and operators of outdoor storage of used tires shall maintain controlled access to the property with only one entrance/exit, and shall install security lighting for use during evening and night 10.3. All outdoor storage of used tires shall have a perimeter security chain link fence ofas minimum 10.4. All storage ofi used tires, shredded or unshredded, shall be separated into individual piles on the 10.5. In the absence of an available water supply of at least 500 GPM (gallons per minute) provided by fire hydrants within 1000: feet oft the facility, a minimum of 10,000 thousand gallon water supply on the 10.6. Fire lanes having a minimum of 45 foot lanes capable of supporting fire apparatus shall be 10.7. A minimum of a 50 foot wide zone around the site perimeter inside the fence line shall be 10.8. All storage piles shalll have ai minimum ofa 30i inch high earthen dike around each tirey pile as the  timehours as designated by the Statel Fire Marshal;  height of six feet;  property. Noj pilei may exceed 50: fcet wide by 501 feet deep by 15 feet inl height;  site for exclusive use off fire fighting personnel shall be established;  established andi maintained between all tire piles;  maintained; piles are established;  10.9. Amaximum of 18 tire piles may be established on a single site; and  10.10. Nos site may exceed the storage ofr more than three hundred thousand tires without the approval  of the State Firel Marshal.  $87-1-11. Stopping, Standing or Parking Prohibited in Specified. Areas.  11.1. No person shall stop, stand, or parka a vehicle, except when: necessary to avoid conflict with other traffic or in compliance with the law or the directions ofaj police officer or traffic-control device, in any of  the following places:  11.1.a. Within 15 feet ofai fire hydrant; or  11.1.b. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire: station within 75: feet of the entrance when properly sign-posted.  $87-1-12. Crossing Fire Hose.  18    87CSR1  12.1. Noj person shall drivea streetcar or vehicle over any unprotected. hose ofai fire department when iti is laid down on any street, private driveway, or streetcar track, to be used at any fire or alarm of fire,  without the consent oft the fire department official in command.  $87-1-13. Emergency Vehiclel Permits.  13.1. Authorization for all fire department vehicles and firefiglters to operate Class A vehicles shall be designated by their fire chief and the State Fire Marshal's Office. Vehicles authorized by W. Va. Code $1 17C-15-26s shalll have red flashing waming lights and an audiblesignaling device, such as asiren, whistle 13.2. Upon receipt of written notification from the Fire Chief oft the local fire department to the State Fire Marshal requesting that an Emergency Vehicle Permit be revoked, the State Firel Marshal shall cause  or bell capable of emitting sound audible froma distance oft not less than 500: feet.  the permit tol be1 revoked.  $87-1-14. Fire Safety Separation Requirements for Mobile Home Sites.  14.1. No portion ofan manufactured! home, excluding thei tongue, shall be located closer than 3m (10ft) side to side, 2.4 m (8ft) cnd to side, or 1.8 m (6 ft) end to end horizontally from any other manufactured home or community building unless the exposed composite walls and roof ofe either structure are without openings and constructed ofr materials that will provide: a 1-hour fire resistance rating or the structures are 14.2. Manufactured! homes shall not bel positioned vertically, stacked with one over the other, in whole ori inj part, unless the structurei is designed and approved fors such installation and permitted by the authority  separated bya a 1-hour fire-rated barrier.  having. jurisdiction.  $87-1-15. Propane Gas Training Program Certification.  15.1. Any person who installs or maintains liquefied petroleum gas systems shall complete training standards and qualifications as established by the Propane Education and Research Council (PERC) Training Program. Exemption: Any person who installs, fuels, maintains, or services ai fuel gas system on  as single family dwelling owned or leased, and occupied by that person.  $87-1-16. Exemption for agricultural purposes.  16.1. Ifa properly owner or other responsible party claims exemption from the Statel Fire Code based on the: agricultural purposes exemption identified in subsection 1.6. of this rule, it would bel based upon W. Va. Code $15A-11-3, that "buildings or structures utilized primarily for agricultural purposes shall be exempt from thej provisions of the State Building Code, the State Fire Code, and any county or municipal 16.2. The term "agricultural purposes" means the raising, cultivation, drying, harvesting, marketing, production, or storage of agricultural products, including both crops and livestock, for sale or use in agriculture or agricultural production, OF the storage of machinery or equipment used in support of $87-1-17. Orders and Decisions ofthe State Fire Marshal; and. Appeals and Procedure for Appeals  building code or ordinance that is or may be adopted".  agricultural production. from such Orders or Decisions.  19    87CSR1  17.1. State Fire Marshal's Ordera and) Decisions are. Final and Conclusive. = Any order or final written decision oft the State Firel Marshal based upon or made int the course oft the administration or enforcement oftheprovisions ofW. Va. Code S 15A-10-letseq, basedi upon or made pursuant to this rulei is final, unless vacated or modified upon review pursuant to the appeal rights and procedures providedby W. Va.  51-11-1  Codes  et seq. and this rule.  17.2. State Fire Marshal's Order And Decisions Appealed. = Any person aggrieved by an order or final written decision oft the State Fire Marshal based upon or made int the course of the administration or enforcement ofthe provisions ofW.Va. Code S 15A-10-1 ets seq. or made pursuant to this rule, and desiring to contest the order or written decision may file an appeal from the order or written decision with the Office of Administrative Hearings, as set forth in W.Va. Code $15A-9-1 et seq. Preservation of the right to an appeal and thej procedure for the contested case is govemed by this section 15A-10-1 et seq. 17.3. W. Va. Code $ 15A-10-3(g) and () Inquiry and Investigation. - The testimony which may be obtained by the State Fire Marshal pursuant to the authority in W. Va. Code S 15A-10-3(g): and (i) shall be obtained without compliance with the provisions in this rule goveming "Procedure in Contested Cases." Where appropriate, as subsequent order by the State Fire Marshal relating to the testimony obtained is the same as any other order by the State Fire Marshal subject to the appeal rights provided in W. Va. Code $ 17.4. Appeal Petition. - When any person aggrieved by an order or final written decision oft the State Firel Marshal desires to appeal such order or final written decision, the appeal petition shall bet typewritten, styled "Appeal Petition", and the appellant shall submit an original and 1 copy to the Office of Administrative Hearings. The Appeal Petition shall bc complete ini itself so as to fully state the matters contested. No telegram, telephone call, or similar communication will be regarded as an appeal petition.  15A-10-1 ets seq.  Thea appeal petition shall contain and include the following:  17.4.a. a copy of the order or decision of the State Fire Marshal being contested;  17.4.b. a clear and concise assignment of cach error which the petitioner alleges to have been committed by the State Fire Marshal in issuing the order or decision with each assignment of error being 17.4.c. a clear and concise: statement of thei facts upon which the petitioner relies as sustaining his 17.4.d. the address to which the petitioner desires to have all notices, documents, and the final  shown ins separately numbered paragraphs; orhera assignment of errors;  order of the Office of Administrative Hearings mailed;  17.4.0. the telephone number or numbers where thej petitioner can be contacted;  17.4.f. the names and addresses ofa allj persons having any ownership interest in the property which  is thes subject of the State Fire Marshal's order being contested; 17.4.g. aj prayersetting forth the relief sought; and  17.4.h. the signature of thc petitioner or its duly authorized officer.  17.5. Time Requirement and Manner of Filing Appeal Petition. : The petitioner shall submit an appeal petition by personal delivery or mailed to the Office of Administrative Hearings within 30 days following service upon the petitioner, or within 30 days following actual receipt if service is not required  20    87CSR1  or for some reason is not made oft the order or decision being contested. Any appeal petition shall bes sent by certifiedn mail, retumi receiptrequested, andi is timely if postmarked within the 30 day period. Any appeal petition not delivered or mailed within the 30 day period is not timely filed and the order or decision oft the 17.6. Copy of Appeal Petition to Office of Administrative Hearings. : Upon receipt of an appeal petition, the Chief Hearing Examiner; or hearing examiner with the Office of Administrative Hearings, through office staff, shall supply a copy ofthepetition to the State Fire Marshal. Ifthe State Firel Marshal clects to file a response to the appeal petition, he or she shall deliver a copy of the response to the Chief Hearing Examiner; or hearing examiner with the Office of Administrative Hearings and a copy to the 17.7. Scheduling Appeal Petition for and Notice of Hearing. = The Chief Hearing Examiner, or hearing examiner with the Office of Administrative Hearings, through officestaff, shall schedule al hearing on the appeal petition giving thei petitioner and the State Firel Marshal at least 10 days written notice of the date, time, and place oft thehearing. The notice to thej petitioner shall be by personal delivery or by certified mail, retum receipt requested, shall contain a short and plain statement of the matters to be considered at the hearing, and a copy of the State Fire Marshal's response, if any, to the appeal petition, and shall be mailed or personally delivered by the State Fire Marshal no later than 30 days after receipt of the appeal petition. A copy of the notice to the petitioner shall be supplied to the State Fire Marshal. The hearing shall be conducted at a designated location in Charleston, West Virginia, or in the discretion oft the Chief Hearing Examinery or hearing examiner with the Office of Administrative Hearings at a location within the 17.8. Authorized Representative. - Thep petitioner may appear individually, or by counsel. 17.9. Continuances : A motion for contimuance shall not be granted unless made in writing three days before the hearing or during the hearing, in either case for good and sufficient cause. Upon consideration ofa a motion for continuance, the urgency oft the situation shall be determined and taken into consideration. Conflicting engagements of counsel or the employment ofnew counsel arei not good grounds for a continuance unless a motion is filed promptly after the notice of1 hearing has been mailed or unless extenuating circumstances are: shown, which the hearing examiner considers adequate. 17.10. Absence of Petitioner or Counsel at the Scheduled Hearing - A hearing being conducted pursuant to fhis rule shall not be delayed or continued due to the absence of thej petitioner or his or her legal counsel at a hearing, after service of notice oft the time, date, and place of the hearing. The hearing shall proceed and the cases shall be submitted for decision on thej part oft the absent petitioner or petitioners.  State Fire Marshal being contested. is final.  petitioner.  county where thej premises in question are located.  17.11. Subpoenas and Subpoenas Duces Tecian.  17.1La. At any hearing held under this section, the testimony of witnesses and thej production of documentary evidence may be required through the use of subpoenas and subpoenas duces tecum. The State Fire Marshal may issue subpocnas and subpoenas duces tecum at thes request oft the petitioner, or the 17.11.b. Every subpoena or subpoena duces tecum is required to prove service at least 5 days before the retum date of that subpoena, cither by personal service made by any person 18 years ofage, or older, or by registered or certified mail. A return acknowledgment signed by the person to whom the subpoena or subpoena duces fecun is directed is required toj prove service by registered or certifiedmail.  hearing examiner.  21    87CSR1  17.11.c. Any party requesting a subpoena or subpoena duces tecum shall see that it is properly 17.11.d. Any public official who serves any subpoena or subpoena duces tecum is entitled to the same fee as a Sheriff who serves a witness subpocna for a circuit court of this state; and fees for the attendance and travel of witnesses are the same as for witnesses before the circuit courts oft this state. All feess shall ber paid by the Statel Firel Marshalifthes: subpoena or subpoena duces tecum: is issued att thei instance oft the hearing examiner. All fees related to any subpoena or subpoena duces tecum issued at thei instance ofthe petitioner or the State Fire Marshal shall bej paid by the party requesting the subpoena or subpoena  served.  duces tecum.  17.11.e. A request for a subpoena or subpoena duces tecum shall bei iny writing and shall containa 17.11.f. Any personreceiving: a subpoena or subpoena duces tecum: issued under this section shall honor the subpoena or subpoena duces tecum as though it were issued by a circuit court of the state, and shall appear as a witness and/or produce the books, records, or papers in response to the subpoena or subpoena duces tecum. In case of disobediencé or neglect ofany subpoena or subpoena duces tecums served on any person or the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, the circuit court of the county in which the hearing is being held, upon application by the hearing examiner, shall compel obedience by atlachment proceedings for contempt as int the case of disobedience of the requirements of as subpoena or subpoena duces tecum issued: from the circuit court ora  statement acknowledging that the requesting party agrees to pay the required fee.  refusal to testify int the circuit court. 17.12. Evidence.  17.12.a. All witnesscs appcaring at the hearing shall testify under oath or affirmation. Every adverseparly! has theri nghtofcros-cuamination ofv witnesses who testify, andh has the rightt tos submitrebuttal 17.12.b. All relevant and material evidence, including papers, records, agency staff memoranda and documents in the possession of the State Fire Commission or the State Fire Marshal of which either party desires to avail himself or herself, may be offered and made aj part of thei record in the case. 17.12.c. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded by the hearing examiner. Except as otherwise in this section, the rules of evidence as applied in civil cases in the circuit courts ofthis stateshall bei followedi in considering the: admissibility ofevidence. However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, reasonably authenticated evidence not admissibleunder thosel Rules may bea admitted, except where precludedbyt the W. Va. Code or privilege, ifiti is ofat type commonly relied upon by reasonably prudent persons in the conduct of their affairs. 17.13. Record of Proceedings. - All of the testimony, evidence, and rulings on admissibility of evidence at any hearing shall be recorded by a certified court reporter, or electronic means. A transcript shall only be prepared if the Commission's final decision is appealed. The cost of the transcript shall be 17.14. Informal Disposition. - At any: stage of the proceedings, informal disposition may be made of 17.15. Decision by the hearing examiner. - Upon the conclusion oft the hearing, thel hearing examiner shall prepare a decision supported by findings of fact and conclusions of law affirming, modifying, or  evidence.  paid by the party requesting it.  any contested case by stipulation, agreedsettlement;, consent order, or default.  22    87CSR1  vacating the earlier order or decision oft the State Firel Marshal. Thedecision signed by thel hearing examiner shall be final unless vacated or modified upon judicial review thereof. A copy oft the order shall bes served on allj parties to thel hearing and all attorneys ofrecord, ifa any, inj person or by certified mail, returni receipt 17.16. Judicial Review. = The petitioner or the Statel Firel Marshal may appeal thel hearing examiner's decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all "Tfinal judgments, orders, or decisions of an agency or administrative law judge  requested.  entered after June30, 2022" per West Virginia Code $51-11-4(b)(4).  23    ITEM3    ORDINANCE NO.  AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE  SYNOPSIS  Various ordinances have been passed by Council which should be included in the City Code Book. This ordinance approves and adopts the ordinances as prepared and published by Walter H. Drane Company to be included in the City Code as the January  2024 replacement pages.    ORDINANCE NO.  AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE  WHEREAS, Various ordinances of a general and permanent nature have been passed by Council, which should be included in the City Code; and WHEREAS, Council has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such revision, the adoption  of which is presently before Council;  NOW, THEREFORE, THE CITY OF FAIRMONT ORDAINS THAT:  SECTION 1. The ordinances of the City of Fairmont, of a general and permanent nature, as revised, recodified, rearranged, and consolidated into component codes, chapters, articles, and sections within the January 2024 Replacement Pages to the City Code, are hereby approved and adopted.  This Ordinance shall become effective thirty (30) days after adoption.  Passed this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    RMONT CHARTERED FEBRUARY 18. 1899  CITY OF FAIRMONT  CITY/COUNTY COMPLEX PO. Box 1428 200) Jackson Street Fairmont, West Virginia 26555-1428 (304)3 366-6211 (304) 366-02281 FAX wwwirmontwwgo  TO: Mayor and Counciimembers FROM: Janet Keller, City Clerk  SUBJECT: Replacement Pages to City Code  DATE: May 21, 2024  Listed below are the replacement pages to the City Code footnoted as the M  January, 2024 Replacement Pages".  Preliminary Unit  Updated cover page, Roster of Officials, and Index.  Part Thirteen - Planning and Zoning Code  Remove old pages 17 through 26 and replace with new pages. The new Remove old pages 29 through 36 and replace with new pages. The new Remove old pages 39 through 40B and replace with new pages. These Remove old pages 41 and 42 and replace with new pages. The new Remove old pages 45 and 46 and replace with new pages. This is the new table for Permitted Principal Uses in the Zoning Districts. Remove old pages 77 and 78 and replace with new pages. This amends Remove old pages 90A through 90C and replace with new pages. These Remove old pages 114E through 114H and replace with new pages. This section amends the Table for Parking Requirements by Uses. Remove old pages 133 through 142 and replace with new pages. These pages replace the old pages that were in the Subdivision Regulations.  pages are updated Definitions for the Planning Code. pages are updated Definitions for the Planning Code. pages also contain new pages for Definitions. pages amend Article 3.0 Zoning Districts.  Article 4.0 Use Standards. pages amend the Use Standards.    INSTRUCTIONS FOR INSERTING JANUARY 2024 REPLACEMENT PAGES CITY CODE OF FAIRMONT, WEST VIRGINIA All new replacement pages bear the footnote "January 2024 Replacement". Please discard old pages and insert these new: replacement  FORTHE  pages immediately as directed in the following table.  Discard Old Pages Cover and Certification Page  Insert New Pages  PRELIMINARY UNIT  Cover and Certification Page  3,4 41,42 17 through 26 29 through 36 41,42 45,46 77,78 90A through 90C 114E through 114H 133 through 142  3,4 41,42 17 through 26 29 through 36 39 through 40B 41,42 45,46 77,78 90A through 90E 114E through 114H 133 through 142  PART1 THIRTEEN - PLANNING AND ZONING CODE  39 through 40B (Keep 40C thru 40J)    ITEM 14    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 178 HISTORIC LANDMARKS COMMISSION OF THE FAIRMONT CITY CODE TO PROVIDE FOR AN HONORARY STREET NAME PROGRAM; FEE  SCHEDULE  SYNOPSIS  By this proposed ordinance, the Council for the City of Fairmont provides for an amendment to Article 178 Historic Landmarks Commission to provide the Commission with the power and authority to establish an honorary street name program to honor Fairmont residents who have made a significant contribution to the history, society and culture of the City of Fairmont, Marion County, the State of West Virginia, and the United States of America, in all  facets of life.  By this proposed ordinance, Council intends to honor the historical contributions of these individual and to perpetuate their memory SO that their lives may continue to be a testament to selfless sacrifice and distinguished  service and serve as a "call to duty" to others.  By this proposed ordinance, Council establishes an application fee for an honorary street name sign to be paid by the applicant of $200.00. For each additional sign requested beyond the first sign there shall be an additional fee  of $100.00 per sign to be paid by the applicant.  If adopted, this ordinance shall become effective thirty (30) days from  adoption.    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 178 HISTORIC LANDMARKS COMMISSION OF THE FAIRMONT CITY CODE TO PROVIDE FOR AN HONORARY STREET NAME PROGRAM; FEE  SCHEDULE  WHEREAS, the City of Fairmont has been privileged to be the home of countless individuals who have made a significant contribution to the history, society and culture of the City of Fairmont, Marion County, the State of West Virginia, and the United States of America, in all facets of life, including Community, the Arts, Civil Rights, Education, Entertainment, Government, History, Law, Literature, Medicine, Military Service, Music, Politics, Science, WHEREAS, in order to honor the historical contributions of these individual and to perpetuate their memory SO that their lives may continue to be a testament to selfless sacrifice and distinguished service and serve as a "call to duty" to others, the City hereby establishes an honorary street name program to be administered by the City of Fairmont Historic Landmarks NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: Article 178, Historic Landmarks Commission of the Fairmont City Code shall be and the same is hereby amended and supplemented as follows: (Matter  Sports, and many other endeavors.  Commission.  to be deleted bracketed; new matter double underlined)  ARTICLE 178  Historic Landmarks Commission 178.01 Established.  178.02 Membership; service without pay. 178.03 Organization and administration.  178.04 Powers; duties. 178.05 Designation; report.  178.06 Expanded or new historic districts.    CROSS REFERENCES  Municipal historic landmarks commissions - see W. Va. Code Art. 8-26A  178.01 ESTABLISHED.  The City of Fairmont does hereby establish a municipal Historic Landmarks Commission to be known as the City of Fairmont Historical Landmarks  Commission.  (Ord. 1280. Passed 8-24-04.)  178.02 MEMBERSHIP; SERVICE WITHOUT PAY.  The Historic Landmarks Commission shall consist of five members who shall be residents of the City of Fairmont to be appointed by the City Council upon recommendation of the City Manager. All Commissioners shall serve three (3) year terms. Vacancies shall be filled for the unexpired term of any commissioner that has not completed his full term, and for commissioners that have served their term for three years, by persons who shall be appointed for three years. Such commissioners shall serve without pay but shall be reimbursed for all reasonable and necessary expenses actually incurred in the  performance of their duties. (Ord. 1280. Passed 8-24-04.)  178.03 ORGANIZATION AND ADMINISTRATION.  At the first meeting of each year, the Historic Landmarks Commission shall elect a chairman and a vice chairman from its members. The Vice Chairman shall have authority to act as chairman in the absence or disability of the chairman. Said Commission shall hold at least one meeting per year and all other such meetings as shall be deemed necessary, all of which shall be at the call of the Chairman. Subject to the provisions of any other law to the contrary, all meetings shall be open to the public. Said Commission shall keep written minutes of its meeting and all votes shall be recorded in said minutes. Subject to the provisions of any other law to the contrary, the minutes and records of the Commission shall be public record. Notice of all such meeting shall comply with the rules for regular meetings as established for the Council for the City of Fairmont. Each Commissioner shall be entitled to one vote, which shall be cast in person. A majority of the members of the Historic Landmarks Commission shall constitute a quorum. No action of the Historic Landmarks Commission shall be official unless authorized by a majority of those members    of the Commission present. The City Council shall provide said Commission with suitable offices for holding of meetings and the preservation of plans, maps, documents, and accounts, and shall provide by appropriation such sum sufficient to defray the reasonable expenses of said Commission. The Historic Landmarks Commission shall submit an annual report of its activities to the  City Council and the State Historic Preservation Office.  (Ord. 1280. Passed 8-24-04.) 178.04 POWERS; DUTIES.  The commissioners of the Historic Landmarks Commission shall have plenary power and authority within the jurisdictional of the City, and within (a) Make a survey of, and designate as historic landmarks, buildings, structures, sites, and districts which constitute the principal historical and architectural sites which are of local, regional, statewide, or national (b) Prepare a register of buildings, structures, sites, and districts which meet the requirements of subsection (a) hereof, publish lists of such properties, and with the consent of the property owners, view such properties for purposes of determining their historical and architectural significance and publish a register thereof from time to time setting forth appropriate information concerning the registered buildings, structures, sites, and (c) With the consent of the property owners, certify and mark with appropriately designed markers, buildings, structures, and sites which it has (d) Acquire by purchase, gift or lease and administer registered landmarks (e) Lease or sell property SO acquired under terms and conditions designed (f) Aid and encourage the adoption of rules and regulations for the preservation of landmarks and historic districts, their buildings, structures, (g) Prepare and place historical markers on or along the highway or street closest to the location which is intended to be identified by such marker;  the limits of available funds to:  significance in accordance with Section 178.04 of this Article;  districts;  registered;  and easements and interest therein, both real and personal; to insure the proper preservation of the Landmarks in question;  and characters;    (h) Seek the advice and assistance of individuals, groups and departments and agencies of government who or which are conducting historical preservation programs and coordinate the same insofar as possible; (i) Seek and accept gifts, bequests, endowments, and funds from any and all sources for the accomplishments of the functions of the Commission; (j) Adopt rules and regulations concerning the operation of the Commission, the functions and responsiDlities of its officers, employees, assistants and other personnel and such other matters as may be necessary (k) Adopt such other rules and regulations as may be deemed necessary to effectuate the purposes of this article, but no such rules and regulations shall be inconsistent with the provisions of this article or with any plan of the (I) Employ, within the limits of funds available therefore, such employees, assistants, technical personnel and consultants as are necessary to discharge (m) Establish an honorary street name program and prepare and place honorary street name signs honoring individuals who have made a significant contribution to the history, society and culture of the City of Fairmont, Marion County, the State of West Virginia and the United States of America, Adopt rules and regulations for the administration and implementation of the honorary street name program including sign design and content, creationof  to carry out the purpose of and consistent with this article;  City of Fairmont Planning Commission;  the duties and responsibilities of the Commission.  an application, review process, and approval process.  (Ord. 1280. Passed 8-24-04.)  178.05 DESIGNATION; REPORT.  (a) Prior to any designation of an historic landmark or historic district, the Historic Landmarks Commission shall make or cause to be made a report on the historical cultural, architectural significance of each building, structure, site and district proposed for designation, based upon the following standard: No building, structure, site or district shall be deemed to be an historic one unless it has been prominently identified with or best represents, some major aspect of the cultural, political, economic, military, or social history of the locality, region, state or nation, or has had a major relationship with the life of an historic personage or event representing some major aspect of, or ideals related to, the history of the locality, region state or nation. In the case of buildings or structures which are to be SO designated, they shall embody the principal or unique features of an architectural type or demonstrate the style    of a period of our history or method of construction, or serve as an illustration of the work of a master builder, designer or architect whose genius influenced the period in which he worked or has significance in current times. (b) The Historic Landmarks Commission shall submit a report, including maps and photographs as necessary to the West Virginia Division of Culture and History. In the case of a report for a proposed historic district, the Commission shall submit with the report a map showing boundaries of the proposed district. The West Virginia Division of Culture and History may prepare written comments with forty-five (45) days on the report. (c) Following acceptance and approval of the report by the West Virginia Division of Culture and History, any such building, structure, site and/or district shall, upon designation by the United States Department of the (d) To the extent practicable, any such designated historic landmark, site or district designated by this Article shall be shown on the official zoning map  Interior, be deemed historical for purposes of this Article.  of the City of Fairmont. (Ord. 1280. Passed 8-24-04.)  178.06 EXPANDED OR NEW HISTORIC DISTRICTS.  The Historic Landmarks Commission may investigate areas, sites, districts and structures proposed for designation as historic and gather such information deemed necessary for such purpose, including investigating the historical and architectural importance of buildings or sites, the present use and conditions of the buildings and land and the relationship of any proposed historic district to the surrounding area. The Commission may after making such investigation propose the expansion of an historic district or formation of new and separate historic district or the designation of an historic structure or site. The procedure for expending or establishing a new historic district or designated an historic structure or site shall be the same as outlined in Section  178.05 of this Article. (Ord. 1280. Passed 8-24-04.)  178.06 FEE SCHEDULE: The following fee schedule is established and (a) For purposes of the honorary street name program there are hereby established fees pertaining to application, fabrication, and installation of honorary street name signs. An application fee for an honorary street name  adopted:    sign shall be $200 to be paid by the applicant. For each additional sign requested beyond the first sign there shall beana additional fee of $100.00 per  sign to be paid by the applicant.  (b) Reserved. SEVERABILITY:  Ifany provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected  and shall continue in full force and effect.  EFFECTIVE DATE:  This ordinance shall become effective thirty days after adoption.  Adopted this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM5    RESOLUTION  A RESOLUTION PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO EXECUTE A MEMORANDUM OF EXTENSION OF AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES BY AND BETWEEN THE CITY OF FAIRMONT, A MUNICIPAL CORPORATION, AND THE MARION REGIONAL DEVELOPMENT CORPORATION FOR  FISCAL YEAR 2024-2025.  SYNOPSIS  This proposed resolution authorizes and approves the form and execution and delivery of the Memorandum of Extension dated June 30, 2024, of that certain Agreement for Services dated June 27, 2021, by and between the City of Fairmont and the Marion Regional Development Corporation for Fiscal Year 2024-2025. The renewal is upon the same terms and conditions  as set out in the original agreement.    RESOLUTION  A RESOLUTION PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO EXECUTE A MEMORANDUM OF EXTENSION OF AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES BY AND BETWEEN THE CITY OF FAIRMONT, A MUNICIPAL CORPORATION, AND THE MARION REGIONAL DEVELOPMENT CORPORATION FOR  FISCAL YEAR 2024-2025.  WHEREAS, the City of Fairmont entered into an agreement with the Marion Regional Development Corporation for economic development services, which agreement, as extended, is set to expire on June 30, 2024, which agreement was approved by Council by Ordinance, and which agreement provided for renewals or extensions upon agreement of the  parties.  WHEREAS, the parties desire to provide for an extension or renewal of the agreement for Fiscal Year 2024-2025 upon the same terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRMONT THAT: Section 1: Extension: An extension or renewal of that certain Agreement for Services dated June 27, 2021, by and between the City of Fairmont and the Marion Regional Development Corporation for Fiscal Year  2024-2025, be and is hereby authorized and approved.  Section 2: Authorization: The City Manager be and is hereby authorized and empowered to execute and deliver the Memorandum of Extension dated June 30, 2024, a copy of which Memorandum is attached hereto and made a  part hereof. immediately.  Section 3. Effective Date: This Resolution shall become effective  Passed this 28th day of May, 2024  MAYOR  ATTEST:  CITY CLERK    MEMORANDUM OF EXTENSION OF AGREEMENT  THIESMENORANDUNOT: EXTENSIONOF, AGREEMENT, ,isr made and entered into this 30th day of June, 2024, by and between the City of Fairmont, a municipal corporation, (hereinafter City) and Marion Regional Development Corporation, (hereinafter MRDC).  WHEREAS, thej parties entered into that certain Agreement for Services dated. June 27,2021, which by its terms expired on June 30, 2023, subject to renewal or extension, and which agreement  was renewed or extended until June 30, 2024.  WHEREAS the parties desire to provide for an extension or renewal ofthe. Agreement for Fiscal Year 2024-2025 upon the same terms and conditions as set out in the aforementioned  agreement. WITNESSETH:  NOW THEREFORE, THIS MEMORRANDUM OF EXTENSION OF AGREEMENT, For good and valuable consideration and in consideration oft the recitals, terms, conditions, and covenants contained in that certain Agreement for Services dated June 27, 2021, the City and MRDC hereby agree to extend the term of said Agreement for a period of one fiscal year  commencing on July 1,2024, and ending June 30, 2025.  This extension shall be upon the same terms, conditions, covenants, limitations and restrictions set forth in the Agreement for Services dated June 27,2021, which terms, conditions, covenants, limitations and restrictions are incorporated herein and made aj part hereofby referenceas  iffully set out verbatim herein.  This Memorandum ofExtension of Agreement is executed in duplicate, one executed copy to be retained by each party hereto and each of which shall for all intents and purposes be deemed an  original hereof.  Remainder of page blank    In' WITNESS WHEREOF, We, thec contracting parties, by our duly authorized agents, hereto  affix our signatures and corporate seals atl Fairmont, Marion County, West Virginia, this  day  of  2024.  CITY OF FAIRMONT, WEST VIRGINIA Travis Blosser, its City Manager  amunicipal corporation  By:  Attest: City Clerk  MARION REGIONAL DEVELOPMENT CORPORATION,  A WV non-profit, non-stock corporation  By: Name Title:  ATTEST: Secretary    ITEM6    RESOLUTION  A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT EXPRESSING ITS APPROVAL OF THE REPORT PREPARED BY THE REAL ESTATE DISPOSITION POLICY COMMITTEE FOR PURPOSES OF DISPOSING OF REAL ESTATE OWNED BY THE CITY OF  FAIRMONT.  SYNOPSIS  By this proposed resolution, the Council for the City of Fairmont manifest its approval of the report prepared by the Real Estate Disposition Policy Committee containing its findings and recommendations regarding a standardized policy for the disposition of real estate owned by the City of  Fairmont.  A copy of the report is attached hereto to the resolution.  Nothing herein shall be construed to provide for any act of Council,  which must be done by ordinance.    RESOLUTION  A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT EXPRESSING ITS APPROVAL OF THE REPORT PREPARED BY THE REAL ESTATE DISPOSITION POLICY COMMITTEE FOR PURPOSES OF DISPOSING OF REAL ESTATE OWNED BY THE CITY OF  FAIRMONT.  WHEREAS, given the City of Fairmont's aggressive demolition program, it has acquired numerous parcels of real estate. In addition, the City of Fairmont possesses other parcels of real estate which are no longer no longer necessary, appropriate, or required for government purposes.  WHEREAS, by resolution duly adopted, the Council for the City of Fairmont created and appointed an advisory committee identified as the "Real Estate Disposition Policy Committee" for purposes of developing and recommending a standardized policy for the disposition of real estate owned  by the City of Fairmont.  WHEREAS, as directed, the Real Estate Disposition Policy Committee has prepared a report containing its findings and recommendations, a copy  of which is attached hereto, OF FAIRMONT THAT:  NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL FOR THE CITY This Resolution is adopted in order to provide for and manifest the Council for the City of Fairmont's approval of the Real Estate Disposition Policy Committee's report, a copy of which is attached hereto and made a  part hereof.  Nothing herein shall be construed to provide for any act of Council,  which must be authorized or done by ordinance. Passed this the 28th day of May, 2024.  MAYOR  ATTEST:  CITY CLERK    CITy  FAIRMONT CMEED FIAT 3, : VIRGIF  PLANNING AND DEVELOPMENT DEPARTMENT  PROPERTY DISPOSITION AD-HOC COMMITTEE POLICY REPORT  Prepared For: Interim City Manager, Janet Keller City Council Prepared By:  Shae Strait, M. Arch, Director of Planning and Development Brian Stewart, Vacant Building Program Manager Priscilla Hamilton, Finance Director Gia Deasy, Council District 61 Elected Council Member Nathan McVicker, Wesbanco Senior Vice President Commercial Banking  Date: 04/19/2024    Contents Introduction Summary. Current Policy and Process Datal Review. Establishing Goals. Disposition Method Assessment Application. Conclusion.. Attachments.  Page 2 of8  Property Disposition Ad-Hoc Committee Policy Report: 4/19/2024    Introduction  The City of Fairmont per capita operates one oft the most successful and robust demolition programs in the state of West Virginia. The City has demolished one-hundred and twenty-seven (127) structures from 2017 through 2023, averaging eighteen (18) structures per year. Some oft those structures were dangerous commercial buildings, such as those along Pennsylvania Avenue. Not all of these properties are purchased by the City of Fairmont during these efforts to remove dangerous structures. For the properties acquired byt the City of Fairmont, a patchwork of policies and leadership decisions have been put into place to handle the disposition of excess property after removal of blight has occurred. As such, it was requested by City Council that a committee be formed to review and discuss the matter to ensure the City of Fairmont is successful in its effort to acquire property, remove blight, and then put property backi into productive reuse typically through the sale of that property to various stakeholders. An Ad-Hoc Committee consisting of Finance Director, Vacant Building Program Manager, Director of Planning and Development, a City Councilmember, and a member of the local banking community met and discussed the City's desire to sell property, both vacant and improved, with thei intent of making This report reviews the findings and recommendations of the ad-hoc committee to ensure the best  that process efficient, fair, and transparent. policies are considered by City Council and City staff.  Summary  The City of Fairmont has demonstrated moderate success in the acquisition, demolition, and sale of property through its demolition program. One int five properties have been bought, cleared of blight, and sold. One in five properties that remain in ownership of the City are unsellable byt the City directly. A portion ofl landi is recommended to be held for potential larger future development projects ina areas that have experienced substantial socio-economic distress. This creates a list of forty-four (44) properties which can be directly sold by the City ift those parcels are authorized for sale by City Council The ad-hoc committee recommends for city staff to implement ai formal application for those interested in purchasing property from the City, ensure all properties intended to be sold are authorized via ordinance for sale byt the City, to create an online map of available properties, to create an online application process, note which properties require a special process to be transferred due to their assessed value, have alla applications reviewed by the relevant departments and sales approved by the City Manager, and to transfer, as needed, any property valued at or over $15,0001 to the City of Fairmont Please see the remainder of the report for the process, information used to make this determination,  via ordinance.  Building Commission.  and attachments of maps, data, and forms from the committee.  Current Policy and Process  Interested parties may contact the Vacant Building Program Manager to inquire about available properties. The Vacant Building Program Manager then shares information with them ont the property. The sale price is set byt the City Manager. The current rate ist to sell vacant lots at 15%1 the cost oft the  demolition and 25% of the assessed value.  Page 3of8  Property Disposition Ad-Hoc Committee Policy Report: 4/19/2024    This recommended: sales price does not circumvent the current Home Rule law that only permits for properties to be directly sold ift the value is less than $15,000 since the $15,000 value is based upon the market value and not thei formula or sale price set byt the City! Manager mentioned above. All of the properties sold ini the past several years have been done sO using this process.  Data Review  The Ad-Hoc Committee reviewed all data on the properties pertinent to the demolition program to ensure the committee hada a strong understanding of the current situation. Some new properties have been acquired by the city since it's last committee meeting, but the ratios of the types of properties has remained largely the same, changing by only 1%. As of this report, the current breakdown of property  owned by the city as part ofi its demolition and redevelopment is as follows: There are at total of sixty-nine (69) properties int the inventory  Forty-nine (49) properties are vacant lots recommended for sale Eleven (11), properties are not recommended for sale and are being held for future development project opportunities. Two (2) of these still have single-family homes that Nine (9) oft the properties are buildings recommended for sale, to include 61 residential buildings scheduled for demolition, and the other three (3) are large commercial buildings (Masonic Temple, Monroe Street Fire Station, former East Side Fire Station). Of the sixty-nine (69) total properties in thei inventory, fourteen (14) oft those properties (20% of totali inventory; vacant lots and buildings) recommended tol be sold are valued at equal to or higher than $15,000 limit available to the City through it's Home Rule law and cannot be sold  are awaiting demolition on' Walnut Ave.  directly by the City.  City Properly For Salel Map Praffensrisea) Chuinis) City Owned Propertyf for Sale or Development Property Type by 0 1,000 2,000 3,000 4,000 mL  antPryecnn  Vacant Lots and Buildings for Potentially Sale City of Fairmont  Ditefoertec:  JUS Feet  Page 40 of8  Property Disposition Ad-Hoc Committee Policy Report: 4/19/2024    Prior tot this report, sixteen (16) properties were sold by the City of Fairmont. Six (6) oft those properties were to A1 General Contracting to construct new neighborhood housing. None oft those projects have broken ground. Two (2) of those parcels were to Mon' Valley Habitat for Humanity which has started construction on three (3) new homes after having purchased a third lot from the Fairmont Community This puts the purchased, demolished, and sold property ratio at 20% prior to any change in policy.  Development Partnership.  ropeny ype scantPacelior  Property Sold by City of Fairmont  Micro' View DateE Exported: Establishing Goals stakeholder: City  The Ad-Hoc Committee met several times over the late summer and fall of 2023. During those meetings, the committee determined the following to be their goals of any policy changes based on category of  Community Meaningful Reuse Efficient Removal of Blight Adjacent Owner Offers Reduce Future Code Enforcement Issues Zoning/ Comprehensive Plan Compliance Prioritizing CHODO's /Housing Non-profits Accountability, /Time Limit Incentive for Developers Affordable Purchases for Developers Ability to Sell Buildings Ability to do Multiple Parcels! Simultaneously Preferred Developers List  Transparent Process Efficient/ / Timely Process Clear Standards for Approval/D Denial of Purchase Offers /F Purchasers Determine Highest and Best Use Establish Control of Sale Price Howt to Sell Properties' Valued Greater than $15,000 Application Control Over the Decisions  Developers  Page! 5of8  Property Disposition Ad-Hoc Committee Policy Report: 4/19/2024    Disposition Method Assessment The committee set out toi identify the best process(es) and format oft the application to meet these goals. For process(es), the committee considered the following and rated each based upon how each of these options would meet the goals listed above: Existing State Law for Municipality Property Disposition Fairmont Homerule Law Fairmont Building Commission Land Reuse Agency Quasi-government Agency/Partner Organization options. Application  Legend o No  Goals and Disposition Method /Entity Maybe Yes  City Goals TransparentP Process Publick Hearing onSale/Minutes o o Efficient/T Timely Purchase dear StandardsforA Offers /Purchaser Approval/ Denialof o o Determine Highesta Zoning Memo onR Reuse o o Developmento Concerns/ SellngP Propertles Appralsed>$15,000 Application ControlOvert theD Decisions MeaningfulReuse Community Effidentr RemovalofBlight ReduceF Future CodeE Enforcement! Issues o ZoningD District/ /Comp Planc Compliance o o Developers Prioriticingo caonr/Hunnypamngpoata) x o Accountability /Timel Umit Incentivesf for Developers Multiple Parcels Sell Adjoining Parcels o Preferred Developerst list Technical Pros IntendedP PurposetoB Buya ands Sellu land o IntendedP Purposet toN ManageB Blight Right-of-First-R Refusala atFallT TaxSale x CanOperate AcrossEntire! Municipality 0 Cand doE EminentD Domain Fivey YearsT TaxE ExemptL Leasing Technical Cons Cano Only Operatein DesignatedA Areas RequiresR Redevelopment Plans  o o o o o o o X o o X o o o  Tot the right is a chart comparing these five Controlofs SaleP Price  Regardless of which disposition method is used, the committee also created an requests to purchase. sections.  application which can be used to help assess Adjacento Owner Offers The application is broken down into several First page willl be a cover sheet going over  Rates x o o o o o x o o e  the entire process to those wishing to apply. AffordableP Purchasesf for Developers o o 1. Cover Sheet giving an overview of AbliytoselBuldins  the process (not yet created) 2. Applicant information 3. Propertyi information 4. Purchaser property ownership history 5. Intended use and impacts 6. Offer amount 7. Confirmation and signature of applicant 9. Finance Department Review 10. Utility Department Review 11. Building Inspections and Code Enforcement Review  8. Planning and Development Review Require BudgetA Admendments  X  Page 6of8  Property Disposition Ad-Hoc Committee Policy Report: 4/19/2024    The application should catch all basic information necessary and bee easyt to adjust as at final policy is The Property Disposition Ad-Hoc committee discussed much of this information at length. Some references will be attached to this report such as the draft application. More information is available in the Planning and Development Department and willl be made available upon request. From this information and the meetings, iti ist the opinion oft the committee that a number of options are available which can be considered now ori ini thet future. The current recommendation ist to: Create a clear application process with publicly available information  adopted or if the policy changes int thet future.  Conclusion  Adopt an application available property Commission or other means  Create an online map of available property  Create an online application process to make ite easier for stakeholders to request to buy Note ift the properties are valued at or over: $15,000/require to be sold via the Building  Applications will be reviewed monthly or as scheduled byt the reviewers Reviewers shall be representatives of the Planning and Development, Finance, Building Inspections, and Utility Departments with final decision resting on the City Manager based upon Ifthere are equally competitive, / community beneficial offers in at the same time ona parcel, City Manager and staff may work with the potential purchasers to come to a Properties valued at $15,000 or more should be transferred to the City of Fairmont Building Authorize all properties proposed for sale to be: sold via ordinance ift they have not already been (many properties acquired more than two years ago are not authorized to be sold, they were  those departments' recommendation  resolution or highest and best offer Commission for sale, as needed and when requested. only authorized to be purchased by the City).  Purchasing requires thei following process: Apply to purchase Review by departments Decision of City Manager Draw up purchase agreement Title opinion (if completed by buyer) Prepare settlement: statement Closing and recording  Ift there are any questions, staff would be more than welcome to clarify any of these changes to council.  Page 7of8  Property Disposition Ad-Hoc Committee Policy Report: 4/19/2024    Affachments  Page 8 of8  Property Disposition Ad-Hoc Committee Policy Report:4/19/2024    Legend Yes o No  Goals and Disposition Method / Entity Maybe o  City Goals Transparent Process Efficient Timely Clear Standardsf for Approval/ /Deniald of Purchase Offers/ /Purchaser Determinel Highest andE Best Reuse Control ofs Sale Price Selling Properties Appraised> $ $15,000 Application Control Overt theD Decisions Community Meaningful Reuse Efficient Removalo ofE Blight Adjacent Owner Offers Reduce Future Code  Legend Yes o Maybe o No x  o o o o o o O o o o o o o x o X X o o o o o o o o o o o o o o Issues o o o o o O o X o O o o o O O X o O o X X o o O o X o o o o o X X X X o o X X X X x X X o X X  Publick Hearing ons Sale/ Minutes o o  X O )  Zoning Memo onR Reuse o o Development Concerns/ /E Barriers o o  Zoning District /Comp Plan Compliance o Developers Prioritizing CHODO's /Housing Non-p profits x Accountability, /T Time Limit Incentives for Developers Affordable Purchases forD Developers Abilityt tos Sell Buildings Abilityt todo Multiple Parcels Simultaneously Preferred Developers List Technical Pros Intended Purposet to Buy: ands Selll land Intended Purposet tol Manage Blight Right- -of-F First-F Refusal atFallT Tax Sale Can Operate Across Entire! Municipality Cand doE Eminent Domain Fivey YearsT Tax Exempt Leasing Technical Cons RequireB Budget Admendments Can Only Operatei inD Designated/ Areas Requires Redevelopment Plans  o o X O  DonationF Rates X O O X  SellA Adjoining Parcels o  O    PE    @ B  9 - a 2  A E  a E    Vacant Lots and Buildings For Sale by City of Fairmont  Property Type FullA Address Vacant Parcel REEVES AVE FAIRMONT: 26554 Vacant Parcel ROBINSONS STF FAIRMONT: 26554 Vacant Parcel 441 WILEYS STF FAIRMONT 26554 Vacant Parcel 323 CLIFF AVEF FAIRMONT: 26554 Vacant Parcel 106E BERKELYST Vacant Parcel 343F PENNSYLVANIA/ AVEF FAIRMONT: 26554 MCC Vacant Parcel LEHMAN STF FAIRMONT: 26554 Vacant Parcel 6RHEA1 TERF FAIRMONT 26554 Vacant Parcel 3RHEA1 TERF FAIRMONT: 26554 Vacant Parcel 407F ROBINSONS STF FAIRMONT: 26554 MCC Vacant Parcel PENNSYLVANIA AVEF FAIRMONT: 26554 MCC Vacant Parcel PENNSYLVANIA AVEF FAIRMONT: 26554 MCC Vacant Parcel PENNSYLVANIA/ AVEF FAIRMONT 26554 MCC Vacant Parcel PENNSYLVANIA/ AVEF FAIRMONT 26554 MCC Vacant Parcel PENNSYLVANIA/ AVEF FAIRMONT: 26554 MCC Vacant Building 3203 JEFFERSONS ST FAIRMONT: 26554 CC Vacant Parcel JEFFERSONST FAIRMONT 26554 Vacant Parcel 350 HAMILTONS STI FAIRMONT 26554 NR Vacant Parcel 140 ODELL STF FAIRMONT 26554 Vacant Parcel LEONARD AVEF FAIRMONT: 26554 Vacant Parcel HIGHST 26554 Vacant Parcel 2NDST Vacant Parcel ALBERTCT Vacant Parcel ALBERT CTF FAIRMONT: 26554 Vacant Parcel KELLEYPL FAIRMONT 26554 Vacant Parcel 4THSTBALLEYE BRG# Vacant Parcel FOURTH& BENONIS STF FAIRMONT: 26554 NR Vacant Parcel 275 VIEWA AVE FAIRMONT 26554 Vacant Parcel VIEW AVEF FAIRMONT 26554 Vacant Building MORGANTOWNI AVE FAIRMONT: 26554 NMU Vacant Parcel CLEVELAND/ AVEF FAIRMONT: 26554 Vacant Building MONROES ST Vacant Parcel RHEA TERRACE FAIRMONT 26554 Vacant Parcel 8RHEAT TERRACE FAIRMONT 26554 Vacant Parcel MONTGOMERY/ AVE Vacant Parcel MONTGOMERY, AVE Vacant Parcel 1261 TAFTS STF FAIRMONT: 26554 Vacant Parcel 603 RIDGELY AVEF FAIRMONT 26554 Vacant Parcel 811 CLEVELAND/ AVE FAIRMONT: 26554 MCC Vacant Parcel 8I38819CIEVEANDA AVEF FAIRMONT: 26554 MCC Vacant Parcel BAILEY CIRF FAIRMONT 26554 Vacant Parcel 1218 &1 119ODELL ST FAIRMONT 26554 NR Vacant Parcel 410R ROBINSONS ST FAIRMONT: 26554 GR Vacant Parcel 126J JACKSONST Vacant Parcel HIGHLANDDR Vacant Parcel HIGHLANDDR Vacant Parcel ALBERT CT Vacant Parcel HIGHLANDDR Vacant Parcel HIGHLANDDR Vacant Parcel ODELLS ST Vacant Parcel CLIFFA AVE Vacant Parcel MONROES ST Vacant Parcel MONROES ST Vacant Parcel 644N MONROES ST Vacant Parcel QUARRYA AVE Vacant Parcel QUARRY AVE Vacant Parcel QUARRY AVE Vacant Parcel ROBINSONST Vacant Parcel ROBINSONST Vacant Parcel HAMILTONST Vacant Parcel MCCLURES ST Vacant Parcel 113V WALNUT AVE VacantE Building 171/2BALTIMORES ST VacantE Building 704GLENNA AVE VacantE Building 1213FIELDST VacantE Building 508F ROBINSONST VacantE Building 308F PENNSYLVANIAA AVE VacantE Building 315V WILSONST Vacant Parcel 115V WALNUT AVE Date Exported: 02/13/2024  Zoning District LanduseIntent GR Sale GR Sale GR Sale NR Sale NR Sale Sale GR Sale NR NR Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale  Parcel Size (SF) Over $15,000 Value Total Appraised Value  643.892753 No 4279.764645 No 3971.116064 No 9415.706173 No 9561.606211 No 10094.31428 No 5996.673168 Yes 5059.667132 No 10738.333609 No 4621.786865 No 3397.086639 No 3182.513656 No 3194.667875 No 5904.753775 Yes 5931.760963 Yes 2048.522846 No 8747.361961 No 1025.808999 No 1662.542667 No 5400.084706 No 24381.201643 Yes 4592.849365 No 437.743256 No 7045.711934 Yes 33297.349505 Yes 14926.291488 Yes 2777.607042 No 5996.327444 No 2358.970061 No 3569.443492 No 5300.236358 No 15698.893818 No 9309.260639 No 11993.274937 No 5979.024304 No 4553.174077 Yes 5862.560086 No 5853.48516 No 8680.940204 Yes 5604.453229 No 5996.514091 No 5066.322605 No 2430.408294 No 2655.875744 No 5029.342105 No 4665.207098 No 4583.814308 No 4810.724093 No 3805.545009 No 3679.017682 No 4997.202852 No 7680.474599 No 3556.447674 No 6592.303226 Yes 4544.931383 No 3736.256598 No 2793.578906 No 4377.524127 Yes  $300.00 $7,300.00 $2,500.00 $14,700.00 $4,000.00 $8,200.00 $17,400.00 $14,100.00 $8,700.00 $1,800.00 $5,700.00 $5,700.00 $3,400.00 $1,600.00 $1,600.00 $166,500.00 $42,900.00 $5,600.00 $9,200.00 $800.00 $1,100.00 $2,700.00 $2,400.00 $2,900.00 $17,000.00 $1,400.00 $141,900.00 $1,300.00 $200.00 $174,800.00 $75,100.00 $517,500.00 $2,700.00 $2,800.00 $1,400.00 $2,300.00 $500.00 $8,300.00 $1,700.00 $11,200.00 $1,700.00 $12,600.00 $9,500.00 $39,700.00 $5,500.00 $6,900.00 $2,200.00 $25,100.00 $4,500.00 $1,300.00 $13,900.00 $2,800.00 $2,800.00 $7,500.00 $1,300.00 $6,400.00 $2,600.00 $5,300.00 $3,300.00 $7,400.00 $12,500.00 $28,900.00 $6,100.00 $15,300.00 $9,500.00 $6,600.00 $6,400.00 $24,900.00 $20,200.00  Future Development Project 8194.397803 No Future Development Project 8015.368822 No  CC NR GR CC NR NR NR NR NR NR NR CC CC NR NR NR NR GR MCC GR CC NR NR NR NR NR NR NR NR NR NR NR NR NR GR GR NR NR NR NR NR NR GR MCC GR NR  Future Development Project 1673.631599 No Future Development Project 1523.519264 No Future Development Project 2661.148194 No Future Development Project 2690.229141 Yes  Future Development Project 6106.359978 No Future Development Project 5720.201444 No  Future Development Project 4437.972124 No  Future Development Project 6835.29581 Yes  Future Development Project 4405.917253 Yes    FAIRMONT  Planning & Zoning Department 200J Jackson St., Fairmont WV:26554 Phone 304,3666211,X.333  APPLICATION FORM PROPERTY PURCHASE  Office Use Date Received I. APPLICANT APPLICANT'S NAME FOR-PROFIT ADDRESS CITY PHONE  Complete  IF AN ENTITY, NAME OF PRIMARY POINT OF CONTACT  NON-PROFIT  STATE EMAIL  ZIP  II. PROPERTY INFORMATION  TAX DISTRICT, MAP, AND PARCEL NUMBER[S] AND PROPERTY ADDRESS (IF AVAILABLE)  GENERAL LOCATION Adjacent Lot(s) Owner  III. PURCHASER CONTEXT AND HISTORY-Please check all that apply.  My Personal Residence is Adjacent  Developer or Want to Become a Developer Non-Profit Housing Provider or CHODO IF YOU CURRENTLY OWN PROPERTY WITHIN THE CITY LIMITS OF FAIRMONT, PLEASE LIST THE  ADDRESSES HERE:  IF APPLICABLE, PLEASE STATE ANY PAST EXPERIENCE WITH PROPERTY RENOVATIONS, DEVELOPMENT,  OR NEW CONSTRUCTION:  Revision Date: 2/12/2024    FAIRMONT  Planning & Zoning Department 200 Jackson! St., Fairmont' WV2 26554 Phone (304) 366-6211,Ext333  APPLICATION FORM PROPERTY PURCHASE  ARE YOU UP TO DATE ON YOUR PROPERTY TAXES (IF NO, PLEASE BRIEFLY EXPLAIN):  DO YOU CURRENTLY HAVE ANY OUTSTANDING FEES OR LIENS WITH THE CITY OF FAIRMONT (IF YES,  PLEASE EXPLAIN):  HAVE YOU EVER HAD PROPERTY THAT HAS BEEN DEMOLISHED BY THE CITY OR ISSUED A RAZE OR  REPAIR ORDER (IF YES, PLEASE BRIEFLY EXPLAIN AND THE OUTCOME):  DO YOU CURRENTLY HAVE. ANY PROPERTY ON THE CITY'S VACANT PROPERTY REGISTRY (IF YES,  PLEASE BRIEFLY EXPLAIN):  Revision) Date: 2/12/2024  2    FAIRMONT  Planning & Zoning Department 200 Jackson St, Fairmont WV26554 Phone (304)3 3666211,Ext333  APPLICATION FORM PROPERTY PURCHASE  IV. INTENDED USE OF PROPERTY-Please describe in detail the nature and extent of your  plans to improve and use the property.  LAND USE COMPONENTS INCLUDED (Check all that apply):  - Residential Lodging Commercial Industrial Civic/Institutional Transportation  - Conservation Recreation  Ifr request is for additional yard space, you can skip the budget and job creation questions.  TOTAL ESTIMATED BUDGET:  ESTIMATED JOB CREATION: Temporary Construction Jobs:  Permanent Jobs:  PLEASE ATTACH A CONCEPTUAL SITE PLAN OF IMPROVEMENTS PROPOSED.  V.I INITIAL PURCHASE OFFER AMOUNT: $  VI. ATTEST related approvals.  Icertify that the information submitted herein and attached hereto is true and accurate and understand that if found otherwise may result in the denial of this request or subsequent revocation of any and all  SIGNATURE OF APPLICANT/AGENT  (Print/type name of applicant/POC)  Date  Revision Date: 2/12/2024  3    FAIRMONT  Planning & Zoning Department 200. Jackson St., Fairmont WV26554 Phone (304): 366-6211, Ext333  APPLICATION FORM PROPERTY PURCHASE Office Use Only: VII. PLANNING AND DEVELOPMENT ZONING DISTRICT: PROPOSED USE CLASSIFICATION: IS USE PERMITTED IN ZONING DISTRICT:  OVERLAY DISTRICT:  Permitted Prohibited  Permitted with Conditions  Conditionally Permitted  DESCRIPTION OF ADJACENT DEVELOPMENT PATTERN AND USES:  PROS OF PROPOSED IMPROVEMENT AND USE: CONS OF PROPOSED IMPROVEMENT AND USE:  BARRIERS / ADDITIONAL STEPS NECESSARY TO PROPOSED IMPROVEMENT AND USE:  PLANNING AND DEVELOPMENT PERSONNEL SIGNATURE  DATE  VIII. FINANCE DEPARTMENT  COMMENTS:  FINANCE DEPARTMENT PERSONNEL SIGNATURE  DATE  Revision Date: 2/12/2024    FAIRMONT  Planning & Zoning Department 200 Jackson St., Fairmont WV26554 Phone (304)3 366-6211, Ext:333  APPLICATION FORM PROPERTY PURCHASE Office Use Only:  IX. UTILITIES (IF APPLICABLE)  ARE THE FOLLOWING AVAILABLE ADJACENT TO THE PARCEL:  Water  Sewer  Separate Storm Water  WILL NEW INFRASTRUCTURE BE REQUIRED FOR THE PROPOSED USE (IF YES, PLEASE DESCRIBE):  ADDITIONAL COMMENTS:  SIGNATURE OF UTILITIES DEPARTMENT PERSONNEL X. BUILDING INSPECTIONS AND CODE ENFORCEMENT  DATE  DOES THE APPLICANT HAVE OUTSTANDING CODE ENFORCEMENT VIOLATIONS:  Yes No IF) YES, PLEASE DESCRIBE:  HAS THE APPLICANT HAD ANY CODE ENFORCEMENT VIOLATIONS IN THE PAST FIVE YEARS:  Yes No IF YES, PLEASE DESCRIBE:  ADDITIONAL COMMENTS:  BUILDING INSPECTION DEPARTMENT PERSONNEL SIGNATURE  DATE  Revision Date: 2/12/2024    ITEM7    SUPPLEMENTAL RESOLUTION  SUPPLEMENTAL RESOLUTION APPROVING CERTAIN TERMS OF THE RENEWAL OF THE LETTER OF CREDIT, NO 2001-525 TO BE ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT AUTHORIZED BY ORDINANCE NO. 2027 DULY ADOPTED APRIL 23, 2024, AND MORE PARTICULARLY ESTABLISHING THE AMOUNT OF SAID LETTER OF CREDIT UPON RENEWAL  UPON ITS MATURITY ON JUNE 30, 2024 AT $250,000.00.  SYNOPSIS  By Ordinance No. 2027, duly adopted on April 23, 2024, the Council for the City of Fairmont approved the renewal upon its maturity date of June 30, 2024 of Letter of Credit No. 2001-525 issued by Wesbanco Bank to the City of Fairmont for purposes of satisfying a portion of the City's self-insured requirements of the West Virginia Workers' Compensation Fund.  Predicated upon the most recent audit of the City's self-insured account, the West Virginia Workers' Compensation Fund on May 8, 2024, directed that said letter of credit be renewed in the amount of $250,000.00. By this proposed resolution, the Council for the City of Fairmont fixes the amount of Letter of Credit No. 2001-525 upon renewal upon its maturity  on June 30, 2024 in the amount of $250,000.00.    SUPPLEMENTAL RESOLUTION  SUPPLEMENTAL RESOLUTION APPROVING CERTAIN TERMS OF THE RENEWAL OF THE LETTER OF CREDIT, NO 2001-525 TO BE ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT AUTHORIZED BY ORDINANCE NO. 2027 DULY ADOPTED APRIL 23, 2024, AND MORE PARTICULARLY ESTABLISHING THE AMOUNT OF SAID LETTER OF CREDIT UPON RENEWAL  UPON ITS MATURITY ON JUNE 30, 2024 AT $250,000.00.  WHEREAS, by Ordinance No. 2027 duly adopted on April 23, 2024, the Council for the City of Fairmont approved the renewal upon its maturity date of June 30, 2024 of that certain Letter of Credit No. 2001-525 to be issued by Wesbanco Bank to the City of Fairmont for purposes of satisfying a portion of the City's self-insured requirements of the West Virginia Workers'  Compensation Fund.  WHEREAS, predicated upon the most recent audit of the City's self- insured account, the West Virginia Workers' Compensation Fund on May 8, 2024, directed that said Letter of Credit be renewed in the amount of  $250,000.00.  WHEREAS, by this proposed resolution, the Council for the City of Fairmont fixes the amount of Letter of Credit No. 2001-525 upon renewal upon its maturity on June 30, 2024, in the amount of $250,000.00.  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF  THE CITY OF FAIRMONT THAT:  Section 1. Pursuant to Ordinance No. 2027, this Supplemental Resolution is adopted and the Letter of Credit, No. 2001-525 be and is hereby authorized and ordered to be renewed upon its maturity on June 30, 2024, in the amount of $250,000.00, for purposes of satisfying a portion of the City's self-insured requirements of the West Virginia Workers'  Compensation Fund.  Section 2. All other provisions relating to the renewal of said Letter of Credit shall be substantially as provided in the aforementioned Ordinance. Section 3. This Supplemental Resolution shall be effective  immediately upon adoption.    Adopted this 28th day of May, 2024.  MAYOR  ATTEST:  CITY CLERK    ITEM8    RESOLUTION  A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF WEST VIRGINIA HISTORIC PRESERVATION OFFICE FOR A GRANT FROM THE ENDANGERED HISTORIC PROPERTIES FUND IN THE MAXIMUM AMOUNT OF $10,000.00, TO ASSIST WITH THE COST OF SECURING THE MASONIC TEMPLE ROOF, AND IF SUCH GRANT IS AWARDED, FURTHER AUTHORIZING THE ACCEPTANCE THEREOF, AND PROVIDING THE CITY MANAGER WITH AUTHORITY TO DO ALL THINGS REASONABLE AND  NECESSARY IN CONNECTION THEREWITH.  SYNOPSIS  By this proposed resolution, the Council for the City of Fairmont authorizes the filing of an application to the State of West Virginia Historic Preservation Office for a grant from the Endangered Historic Properties Fund in the amount of $10,000.00 to assist with the cost of securing the Masonic Temple roof following storm related wind damage, and if awarded, the  acceptance of said Grant is hereby further authorized.  The grant requires a 100% match from the City of Fairmont.  The estimated cost of repair is $43,000.00  By this proposed resolution, the Council of the City of Fairmont further nominates and appoints the City Manager, or designee, as the official representative to act on behalf of the City of Fairmont in connection with said grant program and to execute and deliver the application, accept such grant ifawarded, and to execute and deliver any relative program agreement and any other relevant document, and to further take such action that may be  reasonable and necessary in connection therewith.    RESOLUTION  A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF WEST VIRGINIA HISTORIC PRESERVATION OFFICE FOR A GRANT FROM THE ENDANGERED HISTORIC PROPERTIES FUND IN THE MAXIMUM AMOUNT OF $10,000.00, TO ASSIST WITH THE COST OF SECURING THE MASONIC TEMPLE ROOF, AND IF SUCH GRANT IS AWARDED, FURTHER AUTHORIZING THE ACCEPTANCE THEREOF, AND PROVIDING THE CITY MANAGER WITH AUTHORITY TO DO ALL THINGS REASONABLE AND  NECESSARY IN CONNECTION THEREWITH.  WHEREAS, the City of Fairmont is requesting grant funds from the State of West Virginia Historic Preservation Office in the amount of $10,000.00 from the Endangered Historic Properties Fund to assist with the cost of securing the Masonic Temple roof following storm related wind damage. The estimated cost  of the repairs is $43,000.00.  WHEREAS, the grant, if awarded, requires a 100% match from the City WHEREAS, by this resolution, the City Council for the City of Fairmont hereby authorizes the submission of the grant application and acceptance of said grant if the same is awarded, and designates an official representative to act in connection with the grant application, acceptance of the same and the  of Fairmont.  execution of all necessary program documents.  NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRMONT THAT: Section 1. The Council of the City of Fairmont hereby authorizes the filing of an application to the State of West Virginia Historic Preservation Office for a grant from the Endangered Historic Properties Fund in the amount of $10,000.00 to assist with the cost of securing the Masonic Temple roof following storm related wind damage, and if awarded, the acceptance of said Grant is hereby further authorized. The grant requires a 100% match from  the City of Fairmont.  Section 2. The City of Fairmont will administer the Grant if awarded and will comply with all laws, and rules regulations pertaining to the grant; and    Section 3. The City Manager for the City of Fairmont, or designee, is hereby nominated and appointed as the official representative to act on behalf of the City of Fairmont in connection with said application and the program, and said City Manager, or designee, is hereby authorized and empowered to execute and deliver the aforementioned application, and if awarded, to execute and deliver any relative program agreement, any other required document, and further take any such action that may be reasonable and  necessary in connection therewith.  This Resolution shall become effective upon passage.  Passed this the 28th day of May, 2024.  MAYOR  ATTEST:  CITY CLERK