Senate Bill No. 113

(By Senator Bailey)

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[Introduced January 10, 2003; referred to the Committee on

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A BILL to amend and reenact section thirteen, article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing a municipality that adopts the state building code to adopt local ordinances that impose a more stringent or higher standard.

Be it enacted by the Legislature of West Virginia:
That section thirteen, article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
 ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
 §8-12-13. Building regulation; general and special codes; state building code.
(a) The governing body of every municipality shall have plenary power and authority by ordinance or a code of ordinances to:
(1) Regulate the erection, construction, repair or alteration of structures of every kind within the corporate limits of the municipality, prohibit, within specified territorial limits, the erection, construction, repair or alteration of structures of wood or other combustible material, and regulate excavations upon private property;
(2) Regulate electric wiring by prescribing minimum specifications to be followed in the installation, alteration or repair thereof; and
(3) Regulate plumbing by prescribing the minimum specifications to be followed in the installation, alteration or repair of plumbing, including equipment, water and sewer pipe, traps, drains, cesspools and septic tanks.
(b) Notwithstanding the provisions of subsection (a), all existing municipal building codes are void one year after the promulgation of a state building code by the state fire commission as provided in chapter twenty-nine, article three, section five-b of this code.
Upon the voidance of the municipality's existing building code, if the municipality votes to adopt a building code, it must be the state building code promulgated pursuant to chapter twenty-nine, article three, section five-b of this code.
(c) The governing body of every municipality shall have plenary power and authority by ordinance or a code of ordinances to adopt such state building code promulgated by the state fire commission.
 (d) A municipality which adopts the state building code is authorized, in addition thereto, to adopt local ordinances which have a higher standard than is required by the state building code, subject to the provisions of section five-b, article three, chapter twenty-nine.


NOTE: The purpose of this bill is to authorize municipalities that adopt the state building code to adopt local ordinances that have a higher standard than 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.