SB 681 Text

COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 681
(By Senators Bailey and Green)
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[Originating in the Committee on Government Organization;
reported February 25, 2008.]
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A BILL to create the Beckley-Raleigh County Building Code Authority to oversee operations of the Beckley-Raleigh County Code Enforcement Department and 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.

(a) 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.
(b) The city of Beckley and the Raleigh County Commission shall each contribute one half of the funds necessary for the operation of the authority.
(c) If additional municipalities in Raleigh County request to be included in the authority, then the contributions shall be mutually agreed upon by all of the entities.
§2. Beckley-Raleigh County Building Code Authority's powers and duties generally.

(a) The authority shall oversee the operations of the Beckley-Raleigh County Code Enforcement Department, including adoption of its policies and procedures, management of personnel, property and budget, in accordance with the Code of West Virginia and the ordinances of Raleigh County, the city of Beckley and any other municipalities that may be included.
(b) The authority shall adopt the State Building Code, as directed by the city of Beckley, any other municipal governing body that may be included or the Raleigh County Commission and thereafter enforce it within the corporate limits of the adopting municipalities and, except for municipalities that are not included, within the boundaries of Raleigh County.

§3. Membership of the Beckley-Raleigh County Building Code Authority.

(a) The Beckley-Raleigh County Building Code Authority shall consist of the following five members who shall serve without compensation:
(1) Two members who are residents of the city of Beckley, appointed by the city of Beckley;
(2) Two members who are residents of Raleigh County, appointed by the Raleigh County Commission; and
(3) The president of the Southern West Virginia Homebuilders Association or a person mutually agreed upon by the city of Beckley and the Raleigh County Commission, who is a resident of the city of Beckley or Raleigh County or licensed or registered to do business in Beckley or Raleigh County.
(b) The initial appointment of the members shall be as follows:
(1) One county appointee and one city appointee, who shall serve terms of one year;
(2) One county appointee and one city appointee, who shall serve terms of two years; and
(3) The President of the Southern West Virginia Homebuilders Association or other person, who shall serve for a term of three years.
(c) Following the initial appointment, all members shall serve for terms of three years.
(d) No appointee shall serve more than two consecutive terms, but may be eligible for reappointment thereafter.
(e) A vacancy on the Beckley-Raleigh County Building Code Authority shall be filled within sixty (60) days of the vacancy by the appointing body.

§4. Beckley-Raleigh County Building Code Board of Appeals.

(a) The Raleigh County Commission and the city of Beckley shall appoint a Beckley-Raleigh County Building Code Board of Appeals comprised of the following five members and two alternates:
(1) A registered professional engineer or architect, or a West Virginia licensed contractor, agreed upon by the city of Beckley and the Raleigh County Commission;
(2) The city of Beckley shall appoint:
(A) A registered professional engineer or a licensed general or residential contractor with at least ten years of experience, five of which shall have been in responsible charge of work, not employed by the city of Beckley or Raleigh County; and
(B) A licensed mechanical or plumbing contractor with at least ten years of experience, five years of which shall have been in responsible charge of work, not employed by the city of Beckley or Raleigh County; and
(3) The Raleigh County Commission shall appoint:
(A) A registered professional structural engineer or a registered professional architect, not employed by the city of Beckley or Raleigh County; and
(B) A licensed electrical or fire protection contractor with at least ten years of experience, five years of which shall have been in responsible charge of work, not employed by the city of Beckley or Raleigh County.
(b) Members of the Beckley-Raleigh County Building Code Board of Appeals appointed by the city of Beckley, any municipality accepted as a member of the authority and the Raleigh County Commission shall be residents of Beckley, the municipality or Raleigh County or be a West Virginia Licensed Contractor or Registered Professional Engineer or Architect, doing business in Beckley, the municipality or Raleigh County.
(c) The initial appointment of the members shall be as follows:
(1) One county appointee and one city appointee, who shall serve terms of one year;
(2) One county appointee and one city appointee, who shall serve terms of two years; and
(3) The appointee by the city and county, who shall serve for a term of three years.
(d) Following the initial appointment, all members shall serve for terms of three years.
(e) The city of Beckley and the Raleigh County Commission may each appoint one alternate to serve only in the absence of a regular member, for a term of three years. Alternate appointees shall be either:
(1) A West Virginia registered professional engineer or architect, who is a resident of the city of Beckley or Raleigh County, but not employed by the city of Beckley or Raleigh County; and
(2) A West Virginia licensed general, residential, plumbing, mechanical, electrical, fire protection, piping, excavating or demolition contractor with at least ten years of experience, five years of which shall have been in responsible charge of work, who is a resident of the city of Beckley or Raleigh County, but not employed by the city of Beckley or Raleigh County.
(f) No appointee or alternate shall serve more than two consecutive terms, but may be eligible for reappointment thereafter.
(g) In the event other municipalities are accepted as members of the Beckley-Raleigh County Building Code Board Authority, all governing bodies shall mutually agree on additional appointments to the Beckley-Raleigh County Building Code Board of Appeals, or as an alternate, with the same qualifications and residency in Raleigh County or the participating municipality.

§5. Duties of Beckley-Raleigh County Building Code Board of Appeals.

The only duty and responsibility of the Beckley-Raleigh County Building Code Board of Appeals is to hear and decide appeals of orders, decisions or determinations made by the building code authority relative to the application and interpretation of the state building code.

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