Senate Bill No. 635
(By Senator Prezioso)
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[Introduced February 22, 2010; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §29-3-5 and §29-3-5b of the Code of
West Virginia, 1931, as amended, all relating to
requiring
approval of certain county and municipal fire ordinances and
regulations by the West Virginia State Fire Commission.
Be it enacted by the Legislature of West Virginia:
That §29-3-5 and §29-3-5b of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5. Promulgation of rules and State Fire Code.
(a) The State Fire Commission shall have the power to may
promulgate, amend and repeal regulations
propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code
for the safeguarding of
life and property from the hazards of fire and explosion. pursuant
to the provisions of chapter twenty-nine-a of this code. Such regulations The rules, amendments or repeals thereof shall be in
accordance with standard safe practice as embodied in widely
recognized standards of good practice for fire prevention and fire
protection and shall have the force and effect of law in the
several counties, municipalities and political subdivisions of the
state.
(b) Pursuant to the provisions of chapter twenty-nine-a of
this code, the State Fire Commission by January 1, 1977, shall
promulgate propose comprehensive regulations rules for the
safeguarding of life and property from the hazards of fire and
explosion to be known as the State Fire Code. Regulations Rules
embodied in the State Fire Code shall be in accordance with
standard safe practice as embodied in widely recognized standards
of good practice for fire prevention and fire protection and shall
have the force and effect of law in the several counties,
municipalities and political subdivisions of the state. Whenever
any other state law, county or municipal ordinance or regulation of
any fire codes published by the National Protection Association:
Provided, That such the rules shall be effective as emergency rules
when so promulgated until acted upon by the Legislature: Provided,
however, That the State Fire Marshal shall provide compliance
alternatives for historic structures as provided for in section
five, article one of this chapter, which compliance alternatives
shall take into account the historic integrity of said the historic
structures; and shall coordinate with the Director of the Archives and History Division the application of the rules and regulations
of that division.
(c) In interpretation and application, the State Fire Code
shall be held to be the minimum requirements for the safeguarding
of life and property from the hazards of fire and explosion:
Provided, That the State Fire Marshal shall provide compliance
alternatives for historic structures and sites as provided for in
section five, article one of this chapter, which compliance
alternatives shall take into account the historic integrity of said
the historic structures and sites. 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 Fire Code, the provisions of such the state law, county
or municipal ordinance or regulation of any agency thereof shall
govern provided governs, if
they are not inconsistent with the laws
of West Virginia and are not contrary to recognized standards and
good engineering practices.
Any municipal or county fire ordinance
or regulation that is more stringent or imposes a higher standard
than is required by the State Fire Code, must first be approved by
the West Virginia State Fire Commission.
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 fire regulations rules
by officials of the state, counties,
municipalities and political subdivisions of the state.
§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) The State Fire Commission shall propose a rule for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to include the following
building energy codes in the State Building Code:
(1) The 2009 edition of the International Energy Conservation
Code for Residential Buildings or other building energy code or codes for residential buildings that meets or exceeds equivalent
energy savings; and
(2) The ANSI/ASHRAE/IESNA Standard 90.1-2007 Building Energy
Code for Commercial Buildings or other building energy code or codes
for commercial buildings that meets or exceeds equivalent energy
savings.
(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.
(e) The State Fire Commission has authority to establish
advisory boards as it deems considers 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.
(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. A
ny municipal
or county fire ordinance or regulation that is more stringent or
imposes a higher standard than is required by the State Building
Code, must first be approved by the West Virginia State Fire
Commission.
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.
(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.
(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.
(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.
(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 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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(NOTE: The purpose of this bill is to
require approval of
certain county and municipal fire ordinances and regulations by the
West Virginia State Fire Commission.
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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