H. B. 4313

(By Delegates Manchin, Lawrence, Cann, Doyle,

Longstreth, Morgan, Stephens and Varner)

         [Introduced January 26, 2012; referred to the

         Committee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact §8-12-13, of the Code of West Virginia, 1931, as amended, relating to authority of a municipality to adopt a building code; and requiring that the building code be the state building code.

Be it enacted by the Legislature of West Virginia:

    That §8-12-13, of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED                  RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND                  MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST                  MUNICIPALITIES.

§8-12-13. Building regulation; general and special codes; state building code.

    (a) The governing body of every municipality shall have plenary power and authority by ordinance or a code of ordinances to:

    (1) Regulate the erection, construction, repair or alteration of structures of every kind within the corporate limits of the municipality, prohibit, within specified territorial limits, the erection, construction, repair or alteration of structures of wood or other combustible material, and regulate excavations upon private property;

    (2) Regulate electric wiring by prescribing minimum specifications to be followed in the installation, alteration or repair thereof; and

    (3) Regulate plumbing by prescribing the minimum specifications to be followed in the installation, alteration or repair of plumbing, including equipment, water and sewer pipe, traps, drains, cesspools and septic tanks.

    (b) Notwithstanding the provisions of subsection (a), all existing municipal building codes are void one year after the promulgation of a state building code by the State Fire Commission as provided in chapter twenty-nine, article three, section five-b of this code.

    Upon the voidance of the municipality's existing building code, if the municipality votes to adopt a building code, it must be the state building code promulgated pursuant to chapter twenty-nine, article three, section five-b of this code.

    (c) The governing body of every a municipality shall have plenary power and authority may by ordinance or a code of ordinances to adopt such the state building code promulgated by the State Fire Commission.

    NOTE: The purpose of the bill is clarify that if a municipality adopts a building code it must adopt the state building code.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.