COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 199
(By Senators Bailey and Green)
____________
[Originating in the Committee on Government Organization;
reported February 1, 2007.]
____________
A BILL to create the Beckley-Raleigh County Building Code Authority
to adopt and enforce the State Building Code for the city of
Beckley and Raleigh County.
Be it enacted by the Legislature of West Virginia:
BECKLEY-RALEIGH COUNTY BUILDING CODE AUTHORITY.
§1.
Beckley-Raleigh County Building Code Authority created; joint
support by the city of Beckley and the county commission of
Raleigh County.
The Beckley-Raleigh County Building Code Authority hereinafter
referred to as the "authority" is hereby created. The authority
shall be supported by the city of Beckley and the county commission
of Raleigh County as a joint endeavor of the two governing bodies.
The city of Beckley and the county of Raleigh shall each contribute
one half of the funds necessary for the operation of the authority.
§2. Beckley-Raleigh County Building Code Authority's powers and duties generally.
(a) The authority is empowered to adopt the State Building
Code and enforce it within the corporate limits of the city of
Beckley and, except for other municipalities in Raleigh County,
within the boundaries of Raleigh County.
(b) As provided in section five-b, article three, chapter
twenty-nine of the Code of West Virginia, the authority may enter
into an agreement with any other municipality in Raleigh County
or
with any other county or municipality to provide
inspection and
enforcement services.
§3. Membership of the Beckley-Raleigh County Building Code
Authority.
(a) The Beckley-Raleigh County Building Code Authority shall
consist of five members who shall serve without compensation. By
the first day of July, two thousand seven, the city of Beckley and
the Raleigh County Commission shall make appointments to the
authority as follows:
(1) The city of Beckley shall appoint:
(A) A registered professional engineer or a licensed general
or residential contractor or superintendent of building
construction, not employed by the city or county, with at least ten
years of experience, five of which shall have
been in responsible
charge of work; and
(B) A licensed mechanical or
plumbing contractor, not employed
by the city or county, with at least at least ten years of experience, five years of which shall have been in responsible
charge of work;
(2) The Raleigh County Commission shall appoint:
(A) A registered professional structural engineer or an
architect licensed in this state, not employed by the city or
county; and
(B) A licensed electrical or fire protection contractor, not
employed by the city or county, with at least ten years of
experience, five years of which shall have been in responsible
charge of work; and
(3) The president or a designee of the Southern West Virginia
Homebuilders Association or successor organization.
(b) The city of Beckley
and the Raleigh County Commission may
appoint two additional alternate members each to serve in the
absence of a regular authority member. Alternate appointees must
be either:
(1) A registered professional engineer or architect licensed
in this state, not employed by the city or county; or
(2) A licensed general, residential, plumbing, mechanical,
electrical, fire protection, piping, excavating or demolition
contractor, not employed by the city or county, with at least ten
years of experience, five of which shall have been in responsible
charge of work.
(c) All members of the authority appointed by the city of
Beckley and the county commission of Raleigh County shall be
residents of West Virginia and shall be licensed to practice in this state.
(d) The terms of the appointed members shall be staggered as
follows:
(1) The first appointment made by the city of Beckley shall
serve a term of three years and the first appointment made by the
Raleigh County Commission shall serve a term of three years;
(2) The second appointment made by the city of Beckley shall
serve a term of two years and the second appointment made by the
Raleigh County Commission shall serve a term of two years; and
(3) The president of the Southern West Virginia Homebuilders
Association shall serve a term of one year.
(e) The subsequent terms shall be for three years. Any member
of the authority may be reappointed, but shall not serve more than
two consecutive terms. Any appointive vacancies shall be filled
within sixty days of the vacancy by the original appointing body.
§4. Beckley-Raleigh County Building Code Board of Appeals.
(a) The authority shall appoint, pursuant to the provisions of
section five-b, article three, chapter twenty-nine of the Code of
West Virginia, five members to serve as the Beckley-Raleigh County
Building Code Board of Appeals hereinafter referred to as the
"board". The board shall hear and decide appeals of orders,
decisions or determinations relative to the application and
interpretations of the State Building Code made by a building
official of the authority.
(b) The city of Beckley
and the Raleigh County Commission may
appoint two additional alternate members each to serve on the board in the absence of a regular board member.