H. B. 2251
(By Mr. Speaker, Mr.Kiss, (By Request))
[Introduced February 27, 1997; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact sections one, three, four, five-b and
seven, article three, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said article by adding thereto
a new section, designated section nine-b, all relating to
creating a state building safety commission; powers and
duties of the same; short title; qualifications, appointment
and compensation and expenses of members; removal from
office; vacancies; officers, meetings and quorum;
promulgation of rules and state building code; and public
hearings.
Be it enacted by the Legislature of West Virginia:
That sections one, three, four, five-b and seven, article three, chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted; and that said article be further amended by adding
thereto a new section, designated section nine-b, all to read as
follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-1. Short title.
This article shall be known and may be cited as the "Fire
Prevention and Control and Building Safety Act."
§29-3-3. State fire commission created; composition;
qualifications; appointment; terms of office; removal; vacancies; compensation and expenses; state building safety commission.
(a) There is hereby created a state fire commission, which
shall consist of thirteen members, qualified by experience and
training to deal with the matters which are the responsibilities
of the commission. The officers of the West Virginia fire chiefs
association, the West Virginia firemen's association, the West
Virginia professional firefighters association, the West Virginia
professional fire chiefs association, the West Virginia
manufacturers association, the professional independent insurance
agents of West Virginia, and the West Virginia society of architects shall submit a list of names of persons recommended by
each of these associations to the governor for consideration in
appointing the state fire commission. The West Virginia
professional firefighters association and the West Virginia
professional fire chiefs association shall recommend the names of
two persons from full-time paid fire departments. The West
Virginia fire chiefs association and the West Virginia firemen's
association shall each recommend the names of three persons from
volunteer fire departments. The West Virginia manufacturers
association shall recommend the names of three persons to
represent business and industry. The professional independent
insurance agents of West Virginia shall recommend the names of
two persons to represent the fire insurance industry. The West
Virginia society of architects shall recommend the names of two
persons to represent registered architects. Appointments to the
commission shall be made by the governor, by and with the advice
and consent of the Senate, from the lists of qualified persons
recommended by the organizations. Three members shall be
appointed to represent full-time paid fire departments, one
member shall be appointed to represent the full-time paid fire
chiefs, three members shall be appointed to represent volunteer
fire departments and two members shall be appointed to represent the volunteer fire chiefs. Two members shall be appointed to
represent business and industry and one member shall be appointed
to represent the fire insurance industry. One member shall be
appointed to represent registered architects. The term of office
of the members shall be staggered five-year terms. The terms of
members first appointed shall expire as designated by the
governor at the time of appointment, two at the end of one year,
two at the end of two years, three at the end of three years, two
at the end of four years and two at the end of five years.
Vacancies shall be filled in the same manner as the original
appointment but only for the remainder of a term. Any member is
subject to removal by the governor at any time for neglect of his
or her duties or other conduct unbecoming his or her office. The
governor shall make the appointments within ninety days after
this section takes effect.
(b) The members of the state fire commission shall serve
without compensation but shall be reimbursed for their reasonable
and necessary expenses actually incurred in the performance of
their duties.
(c) There is hereby created a state building safety
commission, which shall consist of thirteen members, qualified by
experience and training to deal with the matters which are the responsibility of the commission. The officers of the West
Virginia society of professional engineers, the West Virginia
society of architects, the West Virginia contractors association,
the homebuilders association of West Virginia, the West Virginia
heating, ventilating and cooling and electrical contractors
association, the West Virginia manufactured housing association,
the West Virginia code officials association and the state fire
commission shall submit a list of names of persons recommended by
each of these associations to the governor for consideration in
appointing the state building safety commission. The West
Virginia society of professional engineers shall recommend the
names of three persons to represent registered professional
engineers. The West Virginia society of architects shall
recommend two persons to represent registered architects. The
West Virginia contractors association, the homebuilders
association of West Virginia, the West Virginia heating,
ventilating and cooling and electrical contractors association
and the West Virginia manufactured housing association shall
recommend three persons each to represent state contractors. The
West Virginia code officials association shall recommend three
persons to represent code officials and building and home
inspectors. The state fire commission shall recommend four of its members, including the representative of registered
architects and a representative of business and industry, to
represent the fire commission. Five members shall be appointed
to represent contractors. Three members, including the
representative of architects and the representative of business
and industry, shall be appointed to represent the fire
commission. Two members shall be appointed to represent
registered professional engineers and two members shall be
appointed to represent code officials, inspectors and private
home inspectors. The terms of office of the members shall be
staggered five-year terms. The terms of members first appointed
shall expire as designated by the governor at the time of
appointment: Two at the end of one year, two at the end of two
years, three at the end of three years, two at the end of four
years, and two at the end of five years. Vacancies shall be
filled in the same manner as the original appointments but only
for the remainder of an unexpired term. Any member is subject to
removal by the governor at any time for neglect of his or her
duties or other conduct unbecoming the office. The governor
shall make the appointments within ninety days after the
effective date of the amendment to this section.
(d) The members of the state building safety commission shall serve without compensation but shall be reimbursed for
their reasonable and necessary expenses actually incurred in the
performance of their duties.
§29-3-4. Chairman; vice chairman; meetings; quorum.
(a) The state fire commission and the state building safety
commission shall select a chairman and vice chairman from among
its members and shall hold regular meetings at least once every
two months and special meetings when called by its chairman. In
the absence of the chairman, the vice chairman shall exercise the
powers and duties of the chairman.
(b) No business shall be transacted by the state fire
commission or the state building safety commission in the absence
of a quorum which shall be six members, one of whom must be the
chairman or vice chairman.
§29-3-5b. Promulgation of rules 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 a
state building code. After the effective date of the amendment
to this section, the building safety commission shall, pursuant to the provisions of chapter twenty-nine-a of this code, propose,
amend or repeal rules, subject to legislative approval, in order
to safeguard life and property and to ensure the quality of
construction of all structures erected or renovated in this
state, which rules shall constitute a state 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.
(b) Pursuant to the provisions of chapter twenty-nine-a of
this code, on the first day of July, 1988, 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." The
state building code, adopted pursuant to the provisions of
chapter twenty-nine of this code on the first day of July, one
thousand nine hundred eighty-eight, consists of the Building Officials and Code Administrators International, Incorporated
(BOCA) National Building Code; the BOCA National Plumbing Code;
the BOCA National Mechanical Code; the BOCA National Property
Maintenance Code; the BOCA National Energy Conservation Code; the
National Fire Protection Association (NFPA) National Electric
Code; and the Council of American Building Officials (CABO) One
and Two-Family Dwelling Code. Hereafter the state building
safety commission shall, pursuant to the provisions of chapter
twenty-nine-a of this code, hold at least one public hearing on
any proposed change to the editions of the above listed codes,
prior to its adoption as part of 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 state building safety
commission 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 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 building safety 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 building code regulations by officials of the state,
counties, municipalities and political subdivisions of the state.
Compliance with the state fire code or state fire regulations
shall be determined by the state fire commission.
(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. Each
county or municipality intending to adopt and enforce the state
building code shall hereafter notify the state building safety
commission of its intent and shall follow any requirements for
adoption established by rule by the building safety commission.
§29-3-7. Commission's powers in conduct of public hearing.
For the purposes of any public hearing under this article,
the state fire commission and the state building safety
commission is are empowered and authorized to issue subpoenas and
subpoenas duces tecum, to take testimony and to administer oaths
to any witness in any proceeding or examination instituted before
it or conducted by it with reference to any matter within its
jurisdiction. In all hearings or proceedings before the state
fire commission the evidence of witnesses and the production of
documentary evidence may be required at any designated place of
hearing; and in case of disobedience to a subpoena or other
process the state fire commission or any party to the proceedings
before the commission may invoke the aid of any circuit court in
requiring the evidence and testimony of witnesses and the
production of papers, books and documents. And such the court,
in case of refusal to obey the subpoena issued to any person subject to the provisions of this chapter, shall issue an order
requiring such the person to appear before the state fire
commission and produce all books and papers, if so ordered, and
give evidence touching the matter in question.
§29-3-9b. Powers, duties and authority of the state building
safety commission.
(a) The state building safety commission may employ
personnel, including a state building code official and
technical, clerical or stenographic employees as may be
necessary, fix their compensation and within funds available to
do so, incur expenses necessary in the performance of their
duties. If appointed, the state building code official shall
meet qualifications approved by the state building safety
commission and the civil service commission and may be removed
by the building safety commission at any time for neglect of duty
or other conduct unbecoming his or her office, as provided in
article six of chapter twenty-nine of this code.
(b) The state building safety commission shall be
responsible for all aspects of the enforcement procedures
involved in the state building code and shall serve as the state
board of appeals for all discrepancies or conflicts involving
that code. It shall also serve as the appeals board for any municipality or county or city or county code appeals board
seeking to appeal or clarify any of the provisions or
interpretations of the state building code.
(c) The state building safety commission shall set the
minimum standards and requirements for the initial certification
licensure and renewal and continuing education training of all
public and private sector building, home or construction
inspectors; municipal or county building code officials;
municipal county or state building code plans examiners; and, all
building code, construction, and home inspection certification or
renewal or continuing education training providers.
(d) The state building safety commission shall set the
requirements for applications from municipalities or counties
adopting and enforcing the state building code.
(e) The state building safety commission shall set the
initial certification licensure fees and renewal fees for all
building, construction and home inspectors, plans examiners and
code officials; and certification, renewal and in-service or
continuing education training providers not to exceed fifty
dollars for initial certification or thirty-five dollars for
annual renewal for inspectors (public or private sector);
seventy-five dollars for initial certification or sixty dollars for annual renewal for plans examiners or municipal or county
code officials.
(f) The building safety commission shall be a part of the
department of military affairs and public safety and shall have
its separate offices and personnel in space provided by the
director who shall also provide any required and necessary
administrative support and services.
NOTE: The purpose of this bill is to create a state
Building Safety Commission. It would consist of thirteen members
appointed by the governor, each representing one of a variety of
professional organizations and associations involved in the
design, construction, maintenance and inspection of buildings in
this state. It would be charged with promulgating rules relating
to building safety and establishing a state building code which
counties and municipalities could adopt. It would also
adjudicate appeals relating to design, construction and
inspection of public and private buildings under the building
code.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§29-3-9b is new; therefore, strike-throughs and underscoring
have been omitted.