W. Va. C.S.R. § 87-1-1 et seq. § §87-1-5

§ 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 State Fire Marshal, by and through persons working under his or her direction,
determines based upon the State Fire Code and/or on the experience and knowledge applied in the operation
of his or her office (1) that any building or structure has been constructed, altered, or repaired in a 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 of repairs, or by reason of 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
of persons occupying the building or premises and adjacent premises and property, the State Fire 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 order shall be promptly complied with by the owner, agent, occupant, and lessee of the
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
fire hazard exists, shall state what repairs and/or demolition must be accomplished, and that compliance
must be completed within thirty (30) days of issuance. In the event of noncompliance, the State Fire
Marshal is authorized by statute 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 in section 17 of this rule.