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Home » US Law » 2022 West Virginia Code » Chapter 15. Public Safety » Article 5. Division of Homeland Security and Emergency Management

§15-5-1. Policy and Purpose

In view of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness and large-scale threats, resulting from terrorism, enemy attack, sabotage or other hostile action, or from fire, flood, earthquakes or other natural or man-made causes and in order to insure that preparations of this state will be adequate […]

§15-5-10. Regional Organizations for Emergency Services

Regional organizations for emergency services may be established in the discretion of the Governor for any combination of political subdivisions. Each such organization shall be directed by the council which shall consist of the local directors, hereinbefore provided for in section eight of this article, of emergency services of the political subdivisions included in the […]

§15-5-11. Immunity and Exemption; &Quot;duly Qualified Emergency Service Worker" Defined

(a) All functions hereunder and all other activities relating to emergency services are hereby declared to be governmental functions. Neither the state nor any political subdivision nor any agency of the state or political subdivision nor, except in cases of willful misconduct, any duly qualified emergency service worker complying with or reasonably attempting to comply […]

§15-5-12. Liability to Sheltered Persons

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency shall, together […]

§15-5-13. Appropriations; Acceptance of Services, Gifts, Grants, and Loans

(a) Each political subdivision shall have the power to make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such political subdivision for the payment of expenses of its local organization for emergency services or of its proportionate share of expenses of a regional organization for emergency services, or […]

§15-5-15. Emergency Service Personnel

(a) No person may be employed or associated in any capacity in homeland security or any emergency service organization established under this article who has been convicted of a felony or who advocates or has advocated a change by force or violence in the Constitutional form of the government of the United States or this […]

§15-5-15a. Paid Leave for Disaster Service Volunteers

Any state employee who is a certified disaster service volunteer of the American Red Cross may be granted leave from his or her state employment with pay, for not more than fifteen work days in each year, to participate in specialized disaster relief services for the American Red Cross. Leave shall be granted under this […]

§15-5-16. Utilization of Existing Services and Facilities

In carrying out the provisions of this article, the Governor, the chairmen of the regional councils and the executive officers or governing bodies of the political subdivisions of the state are directed to utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the state and of the political subdivisions to […]

§15-5-17. Enforcement

It shall be the duty of every organization for emergency services established pursuant to this article and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under this article. Each such organization shall have at its office available for public inspection all such orders, […]

§15-5-18. Arrest by Peace Officer Without Warrant

A peace officer, when in uniform or displaying a badge or other insignia of authority, may arrest without a warrant any person violating or attempting to violate in such officer's presence any order, rule or regulation made pursuant to this article. This authority shall be limited to arrest for violations of those orders, rules and […]

§15-5-19. Unorganized Militia

The unorganized militia shall, at the call of the Governor, be available for duty with the emergency service forces of this state. For purposes of this article, the unorganized militia shall consist of all able-bodied men and women between the ages of sixteen and fifty.

§15-5-19a. Possession of Firearms During a Declared State of Emergency

(a) During a federal or state declared state of emergency, no state agency, county, or municipality, or any elected or appointed official or employee thereof, may: (1) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage, sale, display, or other lawful use of a firearm or ammunition, any firearm or ammunition component […]

§15-5-19b. Criminal Penalties for Using Automated Telephone Calls to Disseminate False, Misleading or Deceptive Information Regarding Matters Effecting or Effected by a Proclaimed State of Emergency or State of Preparedness

(a) Any person or entity who, during a state of emergency or state of preparedness declared pursuant to the provisions of section six of this article: (1) Knowingly and willfully disseminates false, misleading or deceptive information regarding matters effecting or effected by the declaration; and (2) by means of an automated telephone call or calling […]

§15-5-2. Definitions

As used in this article: “Board” means the West Virginia Disaster Recovery Board created by this article; “Code” means the Code of West Virginia, 1931, as amended; “Community facilities” means a specific work, or improvement within this state or a specific item of equipment or tangible personal property owned or operated by any political subdivision […]

§15-5-20. Disaster Prevention

(a) In addition to disaster prevention measures as included in the state, local, regional and interjurisdictional disaster plans, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. At his or her direction, and pursuant to any other authority and competence they have, […]

§15-5-20a. Floodplain Manager Training

(a) Community participation in the National Flood Insurance Program is important to manage and mitigate the special flood hazard areas in West Virginia. Therefore, all state, county, municipality and local floodplain managers should be adequately trained in floodplain management. (b) Commencing July 1, 2012, each floodplain manager in the state is required to complete six […]

§15-5-20b. Continuation of the State Office of the National Flood Insurance Program; Transfer to the Division of Emergency Management; Funding; Responsibilities

(a) The Legislature, finding that the National Flood Insurance Program is a voluntary federal program under which federal flood insurance is made available to participating communities and is of vital importance to the citizens of West Virginia, does hereby continue the State Office of the National Flood Insurance Program. Effective July 1, 2022, the State […]

§15-5-21. Communications

The Office of Emergency Services shall ascertain what means exist for rapid and efficient communication in times of disaster. The office shall consider the desirability of supplementing such communication resources or of integrating them into a comprehensive state or federal-state telecommunications or other communications system or network. In studying the character and feasibility of any […]