ENGROSSED
Senate Bill No. 251
(By Senator Bailey)
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[Introduced January 24, 2006; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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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, 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 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. 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 six, 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.