Senate Bill No. 467
(By Senators Snyder and Unger)
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[Introduced March 13, 2001; referred to the Committee on the
Judiciary.]
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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 permitting
counties and municipalities to adopt the state building code
only to the extent that the code is prospective only and not
retroactive in its application.
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 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, however, That each county or municipality shall have the
election to 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) 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. 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.
(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: Provided, That any county or municipality may adopt the
state building code with or without adopting the BOCA national
property maintenance code.
(e) 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.
(f) 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.
(g) 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, chapter
twenty-nine of this code, or the national register of historic
places, pursuant to Title XVI, section 470a of the United States
Code. 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.
NOTE: The purpose of this bill is to prevent, upon adoption
of the code by a county or municipality, that application of
retroactive rules would create serious financial burdens on
property owners.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.