WSAZ hydrant investigation leads to new law

A WSAZ investigation about fire hydrants has led to a new law.
Published: Mar. 20, 2024 at 7:26 PM EDT

CHARLESTON, W.Va. (WSAZ) - Nearly one year after WSAZ launched an investigation into the reliability of fire hydrants, a new law is officially on the books that leaders believe will make a difference in keeping your family safe.

The WSAZ investigation -- False Security -- stemmed from two fires with the same issues. Firefighters didn’t have enough water May 5, 2023, to fight a house fire in Charleston, 15 months after crews encountered the same problem in failed efforts to save a Pizza Hut in Danville.

WSAZ took the issue to Gov. Jim Justice in early June 2023, who directed state regulators and lawmakers to investigate.

All of that ultimately led to passage of House Bill 5617. Justice signed the legislation Wednesday and credited WSAZ NewsChannel 3 with bringing the issue to the state’s attention.

West Virginia Gov. Jim Justice signs a new bill into law regarding hydrant safety --following...
West Virginia Gov. Jim Justice signs a new bill into law regarding hydrant safety --following a WSAZ investigation into the issue.(West Virginia Governor's Office)

“It means security,” he told WSAZ afterward. “It means peace of mind, you know, that’s all there is too it.”

The Charleston house fire ignited WSAZ’s investigation, and led to this conversation with Danville Fire Chief Justin Chafin regarding the Feb. 18, 2022, Pizza Hut fire.

“What was the impact of having low water pressure?” WSAZ’s Curtis Johnson asked Chafin in May 2023.

“I think it was 100% the whole reason why we couldn’t save that building,” Chafin replied.

So WSAZ wanted to know if the issue is more widespread and, if so, what’s being done to fix it.

First, Johnson asked firefighters to show us what a working hydrant should look like. Then he asked asked firefighters to take us on a tour, opening up hydrants along the way to see if they had that same needed pressure.

In Danville, Chafin opened a hydrant and tested its pressure finding, he says, the hydrant would not be able to save a home just 50 feet away.

“This is a matter of life and death,” Johnson asked.

“It very well could be, unfortunately,” Chafin replied.

Days later, Johnson shared that exchange with Terry Nelson, a relative of the homeowner. His reaction -- stunned.

“When you see that, what’s your reaction?” Johnson asked.

“Well, it’s kind of surprise because you just assume you know the water hydrant would have enough water to serve the purpose -- that’s put into extinguish fires,” Nelson replied. “If it won’t extinguish the fire, what good is it?”

Nelson was not alone.

After our initial story aired, Johnson took the issue Gov. Justice.

“Should greater transparency be required from water utilities, such as which hydrants are working, and which ones remain on small water mains,” Johnson asked.

“This is ridiculous, Curtis,” Justice replied on June 7. “That’s all there is to it. I am right dead with ya. I mean there’s no question whatsoever that the Legislature, the Public Service Commission ought to look into this and everything in any way, because you’re dead on the money.”

And that’s exactly what happened.

West Virginia’s Public Service Commission launched a statewide investigation in June 2023. It demanded answers from each of the state’s more than 250 water utilities about fire hydrant maintenance and inspections.

Lawmakers also heard testimony on the issue in August and October.

PSC Chairwoman Charlotte Lane told Johnson this after the October meeting.

“Well, you helped uncover this problem,” she said. “So now that we have looked into it, we are discovering that there are some gaps, and if people see a fire hydrant then they should be assured that it works.”

Then, this January, days before the start of the legislative session, PSC issued a report from its investigation. That report found more than 5,000 hydrants across the state need quick replacement because they are more than 50 years old.

It also found more than 30 percent of hydrants receive no annual inspection, more than 60 percent of utilities do not regularly flow test hydrants and less than 50 percent of utilities even have a written maintenance and inspection program.

On the heels of the report, PSC turned to lawmakers for help with legislation to strengthen hydrant rules and reliability.

Weeks later, the House infrastructure chairman, Del. Daniel Linville, R-Cabell, led the charge with a bill to do just that.

House Bill 5617, known as the hydrant bill, was introduced on Feb. 12. It requires PSC to set new rules for water utilities based on national standards. Those standards include annual hydrant inspections, regular flow testing and marking hydrants so first responders know how much water each hydrant will produce.”

On the House floor, delegates spoke about the need for the measure to pass.

“Quite frankly, we’ve had a technology that’s been here for 100 years, and we’re asking ourselves now, how in the world do we not have this down pat,” Linville said during the Feb. 28 floor debate. “How is the present body of regulation insufficient to ensure that when West Virginians are in their absolute worst moment of their lives, their moment of need that those fire hydrants work?

“Well, the answer is, no one realized that it that it wasn’t already entirely contained in Public Service Commission code, and here we are,” Linville continued.

“It’s a real issue in every city in every county in this state,” Del. Clay Riley, R-Harrison, added.

“I came back to West Virginia in 1993 and I’ve been running with the Volunteer Fire Department ever since,” Del. Keith Marple, R-Harrison, told fellow lawmakers. “There’s nothing more disappointing than to pull up to a hydrant and it doesn’t work.”

“Folks, you very well may save,” Linville said on the floor. “A life with this vote. And I I’ve never said that from the floor of this House.”

Moments after those remarks, the House approved the measure 89-2.

“The people of West Virginia deserve working fire hydrants,” Linville told WSAZ. “I thank WSAZ for the work that they’ve done, you know, over the last year on this.”

One week after House passage, the Senate following suit with a vote of 33-0.

Wednesday, Justice made it official by signing the bill into law, asking Johnson to stand by his side for the signing.

“Really, this man deserves a lot, a lot of credit because he brought it to our attention,” Justice said of Johnson. “Over and over and over, that we had hydrants that were failing for whatever the reason may be.”

Afterward, WSAZ asked what does the legislation mean for the people of West Virginia.

“It means security. It means peace of mind, you know, that’s all there is too it, and like I said Curtis, you deserve a lot of credit because you brought it to our attention,” Justice answered.

Back in Danville, it represented a sense of relief for Terry Nelson.

“What does it mean to have this legislation?” Johnson asked.

“It means a lot,” Nelson replied. “Like I said, it means the feeling of just safety, and it’s there to provide the service that it’s supposed to — to extinguish flames from your home, to keep your home from burning down.”

“And because of this law, you believe that sense of safety is going to be a little bit more reality>” Johnson followed.

“Absolutely,” Nelson answered.

Also Wednesday, the state PSC discussed its plans for how it will develop rules to enforce the national standards.

The commission announced this week it will form a task force made up of water utilities, firefighters and a consumer advocate. The chairwoman said the task force will conduct its work in public and its recommendations will follow the national standards.

“I want it to be very close, because the national standards are promulgated by people who know what they’re doing, who have experience in this area and there’s no reason for us to reinvent the wheel,” Lane told WSAZ. “We will look at those standards, and then we will apply them to what we think is best for West Virginia.”

The task force’s final report is due no later than June 30.

The chairwoman hopes to have the new rule finalized by the end of this year so enforcement can start in 2025.