COMMITTEE SUBSTITUTE
FOR
H. B. 2976
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
(Originating in the Committee on Finance)
[March 26, 2009]
A BILL 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)(1) The State Building Code authorized by the provisions of
subsection (b) of this section shall include the following building
energy codes:
(A) The 2009 edition of the International Energy Conservation
Code or other building energy code or codes for residential
buildings that achieves equivalent or greater energy savings; and
(B) The ANSI/ASHRAE/IESNA Standard 90.1-2007 building energy
code or codes for commercial buildings throughout the State or
other building energy code or codes for commercial buildings
throughout the State that meets, exceeds, or achieves equivalent or
greater energy savings.
(2) The State Fire Commission is hereby directed to propose
for promulgation in accordance with article three, chapter twenty-nine-a of this code, emergency and legislative rules
necessary to effectuate the purposes of this subsection.
(c)(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.
(d) (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.
(e) (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.
(f) (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.
(g)(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.
(h)(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.
(i)(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
Title XVI,
section 470a of the United States Code 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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