H. B. 4624
(By Delegates Manuel and Doyle)
[Introduced February 27, 1998; referred to the
Committee on Government Organization.]
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 excluding renovations made on
certain historic buildings from compliance with the state
building code.
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 and statewide building code.
(a) The state fire commission shall promulgate and repeal
rules and regulations 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 pursuant to the provisions of
chapter twenty-nine-a of this code through the adoption of a
state building code. Such The 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 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. Upon the
completion of the promulgation of the rules and regulations, such
The 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 of
said 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. 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.
(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 in this section, each county
or municipality intending to adopt the state building code shall
notify the state fire commission of its intent.
(f) The state fire commission may conduct public meetings in
each county or municipality adopting the state building code to
explain the provisions of such the rules. and regulations
(g) Notwithstanding any other provision of this code or any
rule, the state building code adopted pursuant to the provisions
of this section does not apply to renovations made on historic
buildings placed on the state register of historic places under
the provisions of section eight, article one, chapter twenty-nine
of this code, or the national register of historic places,
pursuant to 16 U.S.C. §470a. Additions constructed on a
historic building are not excluded from complying with the state
building code.
NOTE: The purpose of this bill is to exempt renovations
made on historic buildings from the state building code.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.