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Introduced Version House Concurrent Resolution 1 History

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

HOUSE CONCURRENT RESOLUTION NO. 163

(By Delegates Fleischauer, Barker, Brown, Caputo, Doyle,

          Ferro, Guthrie, Hatfield, Hunt, Iaquinta,

         Lawrence, Mahan, Marshall, Moore, Pasdon, Poore,

            Rowan, Staggers and Wells)

 

Requesting the Joint Committee on Government and Finance to study the issues related to a lack of an adopted building code in 47 out of 55 counties in West Virginia.

    Whereas, The West Virginia State Building Code establishes "the standards considered necessary by the State Fire Commission for the safeguarding of life and property and to ensure compliance with the minimum standards of safe construction of all structures erected or renovated throughout this state"; and

    Whereas, Local jurisdictions must adopt the State Building Code before they can enforce building standards; and

    Whereas, As of January 2011, 47 of 55 counties had not adopted the state building code; and

    Whereas, Without an adopted building code throughout the state, residents' safety can be at risk due to poor construction and use of below-grade materials; and

    Whereas, The Federal Fair Housing Act and the West Virginia Fair Housing Act specify design and construction accessibility requirements; and

    Whereas, No enforcement mechanism exists for state and federal laws governing accessibility requirements of new multifamily construction; and

    Whereas, West Virginia has a higher percent of the population with disabilities than any other state in the nation (24.4%); and

    Whereas, Although the majority of West Virginians live in single family homes, growing communities and communities with local colleges and universities, including Morgantown, Clarksburg and Huntington, are experiencing rapid construction of apartments and condominiums that are subject to Fair Housing Act's design and construction requirements; and

    Whereas, Without building code enforcement, Fair Housing design and construction requirements are only investigated when an individual files a housing discrimination complaint with the West Virginia Human Rights Commission (WVHRC) or HUD; and

    Whereas, New multifamily construction across the state is visibly out of compliance; and

    Whereas, Adoption of the state building code by local jurisdictions provides an enforcement mechanism for the Fair Housing requirements; and

    Whereas, Enforcement of Fair Housing design and construction will provide more housing choice for the more than 410,000 West Virginians with a disability, including 18,700 veterans with a service-related disability; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on the Judiciary is hereby requested to the issues related to a lack of an adopted building code in 47 out of 55 counties in West Virginia; and, be it

    Further Resolved, That the study shall include an analysis of the state fire code, including how it was adopted and how it is enforced statewide, and also including any deficiencies in the program and how they could be rectified in a similar adoption of building code; and, be it

    Further Resolved, That the study include a comprehensive overview of the safety benefits of adopting the state building code for residents including single family home owners, renters, and anyone hiring a contractor; and, be it

    Further Resolved, That the study include interviews with county commissioners to understand their possible opposition to adopting the state building code and to address these issues; and, be it

    Further Resolved, That the study include an analysis of visible violations of Fair Housing design and construction requirements in selected communities; and, be it

    Further Resolved, That the study include recommendations on how to adopt a statewide building code and how to enforce it including a budget analysis; and, be it

    Further Resolved, That the study include recommendations for how code enforcement officers will be trained in Fair Housing design and construction requirements; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on the Judiciary.

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