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Introduced Version Senate Bill 194 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 194

(By Senator Deem and Rowe)

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[Introduced January 14, 2002; referred to the Committee

on Government Organization.]

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A BILL to amend and reenact section three-n, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authority of counties to adopt building and housing codes; and requiring public hearings by county commissions for large structures.

Be it enacted by the Legislature of West Virginia:
That section three-n, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3n. Authority of certain counties as to building and housing codes; state building code.

(a) In addition to all other powers and duties now conferred by law upon county commissions, county commissions are hereby authorized and empowered, by order duly entered of record, to adopt building and housing codes establishing and regulating minimum building and housing standards for the purpose of improving the health, safety and well-being of its citizens. Such These codes may be adopted either for the entire county, or for any portion or portions of such the county which may constitute an effective area or areas for such those purposes, without the necessity of adopting such these codes for any other portion of such the county. Notwithstanding any other provision of this subsection to the contrary, no such code shall may apply to or affect any territory within the boundaries of any municipal corporation which has adopted and in effect a housing and building code, unless and until such the municipal corporation so provides by ordinance, or to structures on parcels of land used primarily for agricultural purposes.
(b) Notwithstanding the provisions of subsection (a), all existing county building codes are void one year after the promulgation of a state building code by the state fire commission as provided in section five-b
, article three, chapter twenty-nine of this code.
Upon the voidance of the county's existing building code, if the county commission votes to adopt a building code, it must be the state building code promulgated pursuant to section five-b
, article three, chapter twenty-nine of this code.
(c) In addition to all other powers and duties now conferred by law upon county commissions, county commissions are hereby authorized and empowered, by order duly entered of record, to adopt such state building code upon promulgation by the state fire commission. However, such the state building code shall does not apply to or affect any territory within the boundaries of any municipal corporation which has not adopted the state building code.
(d) A structure larger than a single family dwelling may not be constructed
in any territory outside the boundaries of a municipal corporation but within the boundaries of a county unless a public hearing is held by the county commission of that county relating to the health, safety and well-being of the citizens of that territory and county where the structure is to be constructed.



NOTE: The purpose of this bill is to require county commissions to hold public hearings on the construction of buildings outside municipality limits that are larger than single family dwellings.

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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