(a) Effective July 1, 2002, no person, company or other organization who donates fire control or rescue equipment, including federal excess or surplus property, to a volunteer fire department is subject to civil liability for any personal injury, property damages or death resulting from any defect in the equipment unless the person, company or organization acted with malice, gross negligence, recklessness or intentional misconduct which proximately caused the personal injury, property damages or death.
(b) For purposes of this section, "fire control or rescue equipment" means a vehicle, fire fighting tool, protective gear, breathing apparatus or other supply or tool used in fire fighting or fire rescue. No breathing apparatus may be donated unless, prior to the donation, it has been recertified to the manufacturer's specifications by a technician approved by the manufacturer.
(c) Unless the insured has executed a specific written rejection of such coverage in the policy, any insurer who has sold, issued or delivered an insurance policy providing liability coverage to any person, company or other organization who donates fire control or rescue equipment is barred and estopped from asserting the civil immunity granted to the insured by this section against claims or suits covered by the terms of the policy, up to the limits of the policy.
The limitation on civil liability set forth in the provisions of this section applies only to policies of insurance issued or renewed on or after July 1, 2001.
Structure West Virginia Code
Chapter 8. Municipal Corporations
Article 15. Fire Fighting; Fire Companies and Departments; Civil Service for Paid Fire Departments
§8-15-1. Power and Authority of Governing Body With Respect to Fires
§8-15-2. Liability for Property Pulled Down or Destroyed to Prevent Spread of Fire
§8-15-4. Power and Authority to Form Fire Companies; Recordation of Statement; Organization
§8-15-5. Duties of Company Members; Meetings to Inspect Equipment; Report; Penalty for Noncompliance
§8-15-6. Dissolution of Volunteer Fire Company
§8-15-7. Incorporation of Volunteer Fire Companies; Duties and Obligations; Dissolution
§8-15-7a. Audit or Financial Examination of Volunteer Fire Companies
§8-15-8. Support of Volunteer Fire Company; Return of Property Upon Dissolution
§8-15-8c. Donation of Equipment
§8-15-9. Establishment and Maintenance of Paid Fire Department
§8-15-10. Hours of Duty for Firemen in a Paid Fire Department
§8-15-10a. Firemen Who Are Required to Work During Holidays; How Compensated
§8-15-12. Firemen's Civil Service Commission Generally
§8-15-13. Recorder Ex Officio Clerk of Commission; Clerical and Stenographic Services
§8-15-14. Rooms, Stationery, etc., to Be Furnished by Municipality; Appropriations Required
§8-15-15. Powers, Authority and Duties of Firemen's Civil Service Commission
§8-15-16. Rules for All Examinations; Probationary Appointments
§8-15-16a. Apprenticeship Programs
§8-15-17. Form of Application; Age and Residency Requirements; Exceptions
§8-15-18a. Individual Review of Test and Answers From Promotional Examination
§8-15-19. Refusal to Examine or Certify; Review Thereof
§8-15-20a. Special Examination for Firefighter Paramedic
§8-15-21. Noncompetitive Examination for Filling Vacancy; Provisional Appointment
§8-15-22. Vacancies Filled by Promotions; Eligibility for Promotion
§8-15-24. Political Activities of Members Prohibited; Exceptions