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City tables proposed fire code changes

WEIRTON — Weirton Council tabled a proposed ordinance Monday, which would amend and supplement portions of the city’s fire code, after several questions arose following a presentation by city and state fire officials.

Ward 2 Councilman Matt Provenzano moved to table the ordinance, which was approved 6-0.

“There were too many questions being asked,” Provenzano said.

Ward 4 Councilman George Ash also showed an interest in having more time to discuss the ordinance, saying council was presented it Friday afternoon, and he had requested a workshop on the matter.

If approved by council, the proposal would amend Ordinance 814, Part XV, Chapter 1, Article 1501 of city code.

Fire Capt. Dan Mastrantoni presented the proposal to council, noting recent years have seen changes in law, as well as issues in the city, such as ongoing development and the age of some structures.

“We found a need, not as much to replace the fire code, but add to it,” Mastrantoni said.

State Fire Marshal Kenneth Tyree also was in attendance, but did not comment.

Ash expressed concern with the ordinance, stating there was no stipulated policy on search warrants when performing fire inspections of private property. Mastrantoni said fire officials would need permission from the property owner, or would need to obtain a warrant.

City Attorney Vince Gurrera said search warrant provisions already are covered under existing state and federal laws, and shouldn’t have to be included in the new ordinance.

“It’s implied under our Constitutional basis,” Gurrera said.

Also of concern by some members of council was a stipulation which would allow designated fire marshals to carry firearms.

City Manager Travis Blosser said there are instances where a fire marshal would be performing an inspection, and come across situations with alleged arsonists or others who may be deemed dangerous.

Fire Chief Jerry Shumate agreed, saying while police officers have been called to assist in some situations, they cannot be available for every scenario.

“You’re investigating a possible felony arson, and you’re the only one there,” Shumate said.

Shumate said Mastrantoni is set to serve as the city’s fire marshal, with two members of the department trained to be deputy marshals. He said another three firefighters currently are training, and could be designated as deputy marshals if they complete the certification. Shumate said there is no current pay scale for fire marshal in city code.

Ward 5 Councilman Doug Jackson noted West Virginia law now has a provision which could allow firefighters to carry firearms while on duty.

“None of us up here want to see you unprotected,” Jackson said.

Ward 6 Councilman Enzo Fracasso indicated he had no problem with allowing firearms, but said it shouldn’t be limited to only a few.

“If you’re going to arm two, arm them all,” Fracasso said.

Blosser stated there would be no need to additional training funds or liability coverage.

“We’re already checked our liability,” Blosser said. “We don’t expect the numbers to shift.”

Ash, though, asked whether fire marshals would need to be bonded, with Blosser saying he would look further into that matter.

Shumate said the proposed ordinance was developed with input from the cities of Wheeling and Morgantown.

(Howell can be contacted at chowell@weirtondailytimes.com, and followed via Twitter @CHowellWDT)

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