Senate Bill No. 681
(By Senators Bailey and Green)
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[Introduced February 15, 2008; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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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.
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 Raleigh County shall
each contribute one half of the funds necessary for the authority's operation. If additional municipalities request to be included,
the contributions shall be mutually agreed upon among all 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 accord with the Code of West Virginia and
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 municipal governing body or the Raleigh County
Commission, and thereafter enforce it within the corporate limits
of the adopting municipalities and, except for nonadopting
municipalities, 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 a five member board of directors who shall serve without
compensation.
(1) The city of Beckley and the Raleigh County Commission
shall appoint two members each. Both city appointees shall be
residents of the city of Beckley. Both county appointees shall be
residents of Raleigh County.
(2) The fifth member shall be 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.
This member must be a resident of the city of Beckley or Raleigh
County, or be licensed or registered to do business in Beckley or
Raleigh County.
(b) Each initial appointee shall serve a term of two years.
(c) Each second appointee shall serve a term of three years
and the President of the Southern West Virginia Homebuilders
Association shall serve for the duration of that term, or the
mutually agreed appointee for a term of one year.
(d) Following the duration of service, all appointees shall
serve for a term of three years, except the President of the
Southern West Virginia Homebuilders Association who shall serve for
the duration of that term as president.
(e) No appointee shall serve more than two consecutive terms,
but may be eligible for reappointment thereafter.
(f) A vacancy on the Beckley-Raleigh County Building Code
Authority Board of Directors shall be filed within sixty (60) days
of the vacancy by the appointing body.
§4. Beckley-Raleigh County Building Code Board of Appeals.
In compliance with the West Virginia State Building Code Title
87, Legislative Rule State Fire Commission, Series 4, the Raleigh
County Commission and the city of Beckley shall appoint a Beckley-Raleigh County Building Code Board of Appeals comprised of
five members and two alternates. 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.
(1) 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 in
the employ of the city or county; 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, not in the employ of the city or county.
(2) The Raleigh County Commission shall appoint:
(a) A registered professional structural engineer or a
registered professional architect, not employed by a municipality
or county; and
(b) A licensed electrical or fire protection contractor, not
employed by a municipality or county, with at least ten years of
experience, five years of which shall have been in responsible
charge of work.
(3) All 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 such business
in Beckley, the municipality, or Raleigh County.
(4) The fifth member of the Beckley-Raleigh County Building
Code Board of Appeals shall be a Registered Professional Engineer
or Architect, or a West Virginia Licensed Contractor, agreed upon
by the city of Beckley and the Raleigh County Commission.
(5) The terms of Beckley-Raleigh County Building Code Board of
Appeals members shall be staggered with the first appointment made
by the city of Beckley and the Raleigh County Commission for a term
of three years. The second appointment made by the city of Beckley
and the Raleigh County Commission, for a term of two years. The
fifth appointment shall be for a term of one year. All subsequent
terms shall be for three year terms.
(6) The city of Beckley and the Raleigh County Commission may
appoint one alternate to the original Beckley-Raleigh County
Building Code Board of Appeals, each to serve a term of three
years, only in the absence of a regular member. Alternate
appointees shall be either:
(a) A West Virginia Registered Professional Engineer or
Architect, residing in, but not employed by the city of Beckley or Raleigh County.
(b) A West Virginia licensed general, residential, plumbing,
mechanical, electrical, fire protection, piping, excavating or
demolition contractor with at least at least ten years of
experience, five years of which shall have been in responsible
charge of work, residing in, but not employed by the city of
Beckley or Raleigh County.
(7) No alternate member to the Beckley-Raleigh County Building
Code Board of Appeals may serve more than two consecutive terms,
may be reappointed thereafter.
(8) 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 subsequent 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.
NOTE: The purpose of this bill is 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 in
Beckley and Raleigh County.
This bill also create a
Building Code
Authority Board of Appeals.
This Local Bill is new; therefore, strike-throughs and
underscoring have been omitted.