Senate Bill No. 113
(By Senator Bailey)
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[Introduced January 10, 2003; referred to the Committee on
.]
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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 a
municipality that adopts the state building code to adopt
local ordinances that impose a more stringent or higher
standard.
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
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 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
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, in addition thereto, to adopt local ordinances which
have a higher standard than is required by the state building code,
subject to the provisions of section five-b, article three, chapter
twenty-nine.
NOTE: The purpose of this bill is to authorize municipalities
that adopt the state building code to adopt local ordinances that
have 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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