Senate Bill No. 43
(By Senator Blatnik)
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[Introduced January 17,1994; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact section five-b, article three,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the state building code and the maximum permitted width of
openings in spaces between horizontal guardrails.
Be it enacted by the Legislature of West Virginia:
That section five-b, article three, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5b. Promulgation of rules, regulations and statewide
building code.
(a) The state fire commission shall promulgate and repeal
rules and regulations to safeguard life and property and to
ensure the quality of construction of all structures erected or
renovated throughout this state pursuant to the provisions of
chapter twenty-nine-a of this code through the adoption of astate building code. Such rules, regulations, amendments or
repeals thereof 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 shall have force and effect in those counties and
municipalities adopting the state building code. After the
effective date of this amendment to this section, the state
building code shall provide that guardrails shall have a limit on
allowable openings of a maximum of three and ninety-two one
hundredths inches between each horizontal rail.
(b) Pursuant to the provisions of chapter twenty-nine-a of
this code, on the first day of July, one thousand nine hundred
eighty-eight, the state fire commission shall commence
promulgation of comprehensive rules and regulations regarding
building construction, renovation and all other aspects as
related to the construction and mechanical operations of a
structure. Upon the completion of the promulgation of the rules
and regulations, such rules and regulations shall be known as the
"State Building Code."
(c) 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:
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 ofsaid 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 state
law, county or municipal ordinance or regulation of any agency
thereof shall govern, provided they are not inconsistent with the
laws of West Virginia and are not contrary to recognized
standards and good engineering practices. 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 by officials of the state, counties,
municipalities and political subdivisions of the state.
(d) 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.
(e) After the state fire commission has promulgated rules
and regulations as provided herein, each county or municipality
intending to adopt the state building code shall notify the state
fire commission of its intent.
The state fire commission may conduct public meetings in
each county or municipality adopting the state building code to
explain the provisions of such rules and regulations.
NOTE: The purpose of this bill is to require the state fire
commission to include in the State Building Code the requirement
that openings in guardrails and balustrades be limited to a
maximum width of 3.92 inches instead of the currently permitted
6 inches between the openings in horizontal rails.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.