HB 2740 Text

H. B. 2740

(By Delegate Fleischauer)

[Introduced January 28, 2003 ; referred to the

Committee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact section thirteen, article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing municipalities to adopt building code ordinances which impose a higher standard than the state building code.

Be it enacted by the Legislature of West Virginia:

That section thirteen, article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
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~~ has 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) of this section, 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 chapter twenty-nine, article three, section five-b 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 chapter twenty-nine, article three, section five-b of this code.

(c) The governing body of every municipality ~~shall have~~ has plenary power and authority by ordinance or a code of ordinances to adopt such state building code promulgated by the state fire commission.

(d) A municipality which adopts the state building code is authorized to adopt ordinances which impose a higher standard than is required by the state building code, subject to the provisions of section five-b, article three, chapter twenty-nine of this code.

NOTE: The purpose of this bill is to authorize municipalities to adopt building code ordinances which impose a higher standard than the state building code.

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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