SB 199 Text

COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 199
(By Senators Bailey and Green)
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[Originating in the Committee on Government Organization;
reported February 1, 2007.]
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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.

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