ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2976
(By Mr. Speaker, Mr. Thompson, and Delegate Armstead)
[By Request of the Executive]
[Passed April 11, 2009; in effect from passage.]
AN ACT to amend and reenact §29-3-5b of the Code of West Virginia,
1931, as amended, relating to the State Building Code; and
requiring the State Fire Commission to promulgate rules
pertaining to the State Building Code that are in accordance
with certain national and international building codes and
standards.
Be it enacted by the Legislature of West Virginia:
That §29-3-5b of the Code of West Virginia, 1931, 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:
Provided, That each county or municipality may adopt the code to
the extent that it is only prospective and not retroactive in its
application.
(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) The State Fire Commission shall propose a rule for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to include the following
building energy codes in the State Building Code:
(1) The 2009 edition of the International Energy Conservation
Code for residential buildings or other building energy code or
codes for residential buildings that meets or exceeds equivalent
energy savings; and
(2) The ANSI/ASHRAE/IESNA Standard 90.1-2007 building energy
code for commercial buildings or other building energy code or
codes for commercial buildings that meets or exceeds equivalent
energy savings.
(d) The State Fire Commission has authority to propose rules for legislative approval, in accordance with the provisions of
article three, chapter twenty-nine-a, establishing state standards
and fee schedules for the licensing, registration, certification,
regulation and continuing education of persons which will conduct
inspections relating to the State Building Code, which include, but
are not limited to, building code officials, inspectors, plans
examiners and home inspectors.
(e) The State Fire Commission has authority to establish
advisory boards as it deems appropriate to encourage representative
participation in subsequent rule-making from groups or individuals
with an interest in any aspect of the State Building Code or
related construction or renovation practices.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) 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 of this chapter
or the National Register of Historic Places, pursuant to 16 U.S.C.
§470a. 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.
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