H. B. 2366
(By Delegate Prunty, By Request)
[Introduced January 25, 1999; referred to the
Committee on Industry and Labor then the Judiciary.]
A BILL to amend and reenact section three-n, article one, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend section
thirteen, article twelve, chapter eight of said code, all
relating to requiring the provision of public toilet
facilities in shopping malls.
Be it enacted by the Legislature of West Virginia:
That section three-n, article one, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section thirteen,
article twelve, chapter eight of said code be amended and
reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3n. Authority of certain counties as to building and
housing codes; state building code; requirement of provision of public toilets in shopping malls.
(a) In addition to all other powers and duties now conferred
by law upon county commissions, county commissions are hereby
authorized and empowered, by order duly entered of record, to
adopt building and housing codes establishing and regulating
minimum building and housing standards for the purpose of
improving the health, safety and well-being of its citizens.
Such codes may be adopted either for the entire county, or for
any portion or portions of such county which may constitute an
effective area or areas for such purposes, without the necessity
of adopting such codes for any other portion of such county.
Notwithstanding any other provision of this subsection to the
contrary, no such code shall apply to or affect any territory
within the boundaries of any municipal corporation which has
adopted and in effect a housing and building code, unless and
until such municipal corporation so provides by ordinance, or to
structures on parcels of land used primarily for agricultural
purposes.
(b) Notwithstanding the provisions of subsection (a), all
existing county building codes are void one year after the promulgation of a state building code by the state fire
commission as provided in section five-b, article three, chapter
twenty-nine of this code.
Upon the voidance of the county's existing building code, if
the county commission votes to adopt a building code, it must be
the state building code promulgated pursuant to section five-b,
article three, chapter twenty-nine of this code.
(c) In addition to all other powers and duties now conferred
by law upon county commissions, county commissions are hereby
authorized and empowered, by order duly entered of record, to
adopt such state building code upon promulgation by the state
fire commission. However, such state building code shall not
apply to or affect any territory within the boundaries of any
municipal corporation which has not adopted the state building
code.
(d) County commissions shall require all shopping malls
within their respective jurisdictions to provide adequate public
toilet facilities within the confines of such shopping malls for
members of the general public. For the purposes of this
subsection "shopping mall" means a large suburban building or
group of buildings containing various shops with associated
passageways.
CHAPTER 8. MUNICIPAL CORPORATIONS.
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 section five-b
, article three, chapter
twenty-nine
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 section
five-b
, article three, chapter twenty-nine
of this code.
(c) The governing body of every municipality shall have
plenary power and authority by ordinance or a code of ordinances
to adopt such state building code promulgated by the state fire
commission.
(d) The governing body of every municipality shall require
all shopping malls within their respective jurisdictions to
provide adequate public toilet facilities within the confines of
such shopping malls for members of the general public. For the
purposes of this subsection "shopping mall" means a large
suburban building or group of buildings containing various shops
with associated passageways.
NOTE: The purpose of this bill is to require the provision
of public toilet facilities in shopping malls. Therefore,
counties and municipalities are mandated to require that shopping
malls within their jurisdictions to provide public toilet
facilities.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.
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