ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2136
(By Delegates Manuel, Doyle and Rowe)
[Passed March 12, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact section five-b, article three,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the state building code; and establishing compliance
criteria applicable to renovations performed upon certain
historic buildings.
Be it enacted by the Legislature of West Virginia:
That section five-b, article three, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5b. Promulgation of rules and statewide building code.
(a) The state fire commission shall propose rules for
legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, to safeguard
life and property and to ensure the quality of construction of
all structures erected or renovated throughout this state
through the adoption of a state building code. The rules shall
be in accordance with standard safe practices so embodied in
widely recognized standards of good practice for building
construction and all aspects related thereto and have force and
effect in those counties and municipalities adopting the state
building code.
(b) The state fire commission has authority to propose rules
for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, regarding
building construction, renovation and all other aspects as
related to the construction and mechanical operations of a
structure. The rules shall be known as the "State Building
Code."
(c) For the purpose of this section the term "building code"
is intended to include all aspects of safe building construction and mechanical operations and all safety aspects related thereto.
Whenever any other state law, county or municipal ordinance or
regulation of any agency thereof is more stringent or imposes a
higher standard than is required by the state building code, the
provisions of the state law, county or municipal ordinance or
regulation of any agency thereof governs if they are not
inconsistent with the laws of West Virginia and are not contrary
to recognized standards and good engineering practices. In any
question, the decision of the state fire commission determines
the relative priority of any such state law, county or municipal
ordinance or regulation of any agency thereof and determines
compliance with state building code by officials of the state,
counties, municipalities and political subdivisions of the state.
(d) Enforcement of the provisions of the state building code
is the responsibility of the respective local jurisdiction.
Also, any county or municipality may enter into an agreement with
any other county or municipality to provide inspection and
enforcement services:
Provided, That any county or municipality
may adopt the state building code with or without adopting the
BOCA national property maintenance code.
(e) After the state fire commission has promulgated rules as provided in this section, each county or municipality intending
to adopt the state building code shall notify the state fire
commission of its intent.
(f) The state fire commission may conduct public meetings in
each county or municipality adopting the state building code to
explain the provisions of the rules.
(g) The provisions of the state building code relating to
the construction, repair, alteration, restoration and movement
of structures are not mandatory for existing buildings and
structures identified and classified by the state register of
historic places under the provisions of section eight, article
one, chapter twenty-nine of this code, or the national register
of historic places, pursuant to Title XVI, section 470a of the
United States Code. Prior to renovations regarding the
application of the state building code, in relation to historical
preservation of structures identified as such, the authority
having jurisdiction shall consult with the division of culture
and history, state historic preservation office. The final
decision is vested in the state fire commission. Additions
constructed on a historic building are not excluded from
complying with the state building code.