SB 199 Text

Senate Bill No. 199
(By Senators Bailey and Green)
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[Introduced January 24, 2007; referred to the Committee on Government Organization.]
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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.

The authority is empowered to adopt the state building code. If the state building code is adopted by the authority, the authority is empowered to enforce it and any other building codes adopted by it including inspections and permit reviews within the corporate limits of the City of Beckley and except for other municipalities in Raleigh County, within boundaries of Raleigh County.
As provided in section five-b, article three, chapter twenty-nine of the West Virginia Code, 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. The authority may also enter into any other agreement with the City of Beckley and the County Commission of Raleigh County to provide any other related inspections or services.

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

The Beckley-Raleigh County Building Code Authority shall consist of five members who shall serve without compensation. By the first day of March, 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 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 with at least ten years' 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 a registered professional architect; 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.
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 do business in this state or professionals licensed to practice in this state.
The fifth member of the authority shall be the President of the Southern West Virginia Homebuilders Association or successor organization.
The terms of appointed members of the authority shall be staggered with the first appointment made by the City of Beckley serving a term of three years and the first appointment made by the Raleigh County Commission serving a term of three years and the second appointment made by the City of Beckley serving a term of two years and the second appointment made by the Raleigh County Commission serving a term of two years. All subsequent appointments shall be for three-year terms. Any member of the authority may be reappointed for a three-year term. Any appointive vacancies on the authority shall be filled within sixty days of the vacancy by the original appointing body.
Authority members shall also serve as the Beckley-Raleigh County Building Code Board of Appeals in order to hear and decide appeals of orders, decisions or determinations made by the Beckley-Raleigh County Building Code Authority building official relative to the application and interpretations of the state building code.
The City of Beckley and the Raleigh County Commission may appoint two additional alternate members each to serve only on the Board of Appeals in the absence of a regular member. Alternate appointees must be either:
(1) A registered professional engineer or architect licensed in this state; or
(2) A licensed general, residential, plumbing, mechanical, electrical, fire protection, piping, excavating or demolition contractor, with ten years' experience, five of which shall have been in responsible charge of work licensed to do work in this state.
§4. Effective date.
The provisions of this bill are effective upon passage.

NOTE: The purpose of this bill is to create the Beckley-Raleigh County Building Code Authority to adopt and enforce the state building code in Beckley and Raleigh County.

This Local Bill is new; therefore, strike-throughs and underscoring have been omitted.

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