HB 3167 Text

COMMITTEE SUBSTITUTE
FOR
H. B. 3167
(By Mr. Speaker, Mr. Kiss and Delegates Mahan, Susman,
Ron Thompson and Sumner)

(Originating in the House Committee on Political Subdivisions)

[March 23, 2005]

A BILL to create the Beckley-Raleigh County Building Code Authority to adopt and enforce the state building code for the City of Beckley and Raleigh County.

Be it enacted by the Legislature of West Virginia:
BECKLEY-RALEIGH COUNTY BUILDING CODE AUTHORITY.
§1. Beckley-Raleigh County Building Code Authority created; joint
support by the City of Beckley and the County Commission of
Raleigh County.
The Beckley-Raleigh County Building Code Authority is hereby created. The authority shall be supported by the City of Beckley and the County Commission of Raleigh County as a joint endeavor of the two governing authorities. The city and county shall equally contribute funds for the operation of the authority.
§2. Beckley-Raleigh County Building Code Authority's powers and duties generally.
The authority is empowered to adopt the state building code. After the adoption of the state building code the authority is empowered to enforce it in the corporate limits of the City of Beckley and boundaries of Raleigh County, exclusive of any other municipality. As provided in WV Code 29-3-5b, the authority is empowered to enter into an agreement with any other municipality in Raleigh County or any other county or municipality to provide inspection and enforcement services. The authority is further empowered to enter into any lawful agreement with the City of Beckley and the County Commission of Raleigh County to provide any other related inspections or services.
§3 Membership of The Beckley-Raleigh County Building Code Authority.
The Beckley-Raleigh County Building Code Authority shall consist of five members who shall serve without compensation. By the first day of July, 2005, the City of Beckley and the Raleigh County Commission shall make their appointments to the authority.
The City of Beckley shall appoint: (1) A WV registered professional engineer or a licensed WV general or residential contractor or superintendent of building construction with at least ten years of experience, five of which shall have been in responsible charge of work; and, (2) a WV licensed mechanical or plumbing contractor with at least ten years' experience, five of which shall have been in responsible charge of work. The Raleigh County Commission shall appoint: (1) A WV registered professional structural engineer or a WV registered professional architect; and, (2) a WV licensed electrical or fire protection contractor with at least ten years of experience, five of which shall have been in responsible charge of work. The fifth member shall be the President of the Southern West Virginia Homebuilders Association.
The terms of the authority members shall be staggered with the first appointments by the City of Beckley and Raleigh County Commission serving three-year terms; the second appointments by the City of Beckley and the Raleigh County Commission serving two-year terms. All subsequent appointments shall be for three-year terms. All members may be reappointed. Vacancies shall be filled within sixty days by the original appointing authority.
The authority members shall also serve as the Beckley-Raleigh County Building Code Board of Appeals in order to hear and decide appeals of orders, decisions or determinations made by the Beckley- Raleigh County Building Code Authority building official relative to the application and interpretation of the state building code. The City of Beckley and the Raleigh County Commission may appoint as many as two alternate members each to serve only on the Board of Appeals in the absence of a regular member. The alternates shall be; a WV registered professional engineer or architect; a WV licensed general, residential, plumbing, mechanical, electrical, fire protection, piping, excavating or demolition contractor, with ten years' experience, five of which shall have been in responsible charge of work.

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