SB 681 Text

Senate Bill No. 681
(By Senators Bailey and Green)
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[Introduced February 15, 2008; referred to the Committee on Government Organization; and then to the Committee on Finance.]
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A BILL to create the Beckley-Raleigh County Building Code Authority to oversee operations of the Beckley-Raleigh County Code Enforcement Department and to adopt and enforce the State Building Code for the city of Beckley and Raleigh County.

Be it enacted by the Legislature of West Virginia:
BECKLEY-RALEIGH COUNTY BUILDING CODE AUTHORITY.

§1. Beckley-Raleigh County Building Code Authority created; joint support by the city of Beckley and the county commission of Raleigh County.

The Beckley-Raleigh County Building Code Authority, hereinafter referred to as the "authority," is hereby created. The authority shall be supported by the city of Beckley and the county commission of Raleigh County as a joint endeavor of the two governing bodies. The city of Beckley and the Raleigh County shall each contribute one half of the funds necessary for the authority's operation. If additional municipalities request to be included, the contributions shall be mutually agreed upon among all entities.
§2. Beckley-Raleigh County Building Code Authority's powers and duties generally.

(a) The authority shall oversee the operations of the Beckley-Raleigh County Code Enforcement Department, including adoption of its policies and procedures, management of personnel, property and budget, in accord with the Code of West Virginia and Ordinances of Raleigh County, the city of Beckley, and any other municipalities that may be included.
(b) The authority shall adopt the State Building Code as directed by the municipal governing body or the Raleigh County Commission, and thereafter enforce it within the corporate limits of the adopting municipalities and, except for nonadopting municipalities, within the boundaries of Raleigh County.

§3. Membership of the Beckley-Raleigh County Building Code Authority.

(a) The Beckley-Raleigh County Building Code Authority shall consist of a five member board of directors who shall serve without compensation.
(1) The city of Beckley and the Raleigh County Commission shall appoint two members each. Both city appointees shall be residents of the city of Beckley. Both county appointees shall be residents of Raleigh County.
(2) The fifth member shall be the president of the Southern West Virginia Homebuilders Association or a person mutually agreed upon by the city of Beckley and the Raleigh County Commission. This member must be a resident of the city of Beckley or Raleigh County, or be licensed or registered to do business in Beckley or Raleigh County.
(b) Each initial appointee shall serve a term of two years.
(c) Each second appointee shall serve a term of three years and the President of the Southern West Virginia Homebuilders Association shall serve for the duration of that term, or the mutually agreed appointee for a term of one year.
(d) Following the duration of service, all appointees shall serve for a term of three years, except the President of the Southern West Virginia Homebuilders Association who shall serve for the duration of that term as president.
(e) No appointee shall serve more than two consecutive terms, but may be eligible for reappointment thereafter.
(f) A vacancy on the Beckley-Raleigh County Building Code Authority Board of Directors shall be filed within sixty (60) days of the vacancy by the appointing body.

§4. Beckley-Raleigh County Building Code Board of Appeals.

In compliance with the West Virginia State Building Code Title 87, Legislative Rule State Fire Commission, Series 4, the Raleigh County Commission and the city of Beckley shall appoint a Beckley-Raleigh County Building Code Board of Appeals comprised of five members and two alternates. The only duty and responsibility of the Beckley-Raleigh County Building Code Board of Appeals is to hear and decide appeals of orders, decisions or determinations made by the building code authority relative to the application and interpretation of the state building code.
(1) The city of Beckley shall appoint:
(a) A registered professional engineer or a licensed general or residential contractor with at least ten years of experience, five of which shall have been in responsible charge of work, not in the employ of the city or county; and
(b) A licensed mechanical or plumbing contractor, not employed by the city or county, with at least at least ten years of experience, five years of which shall have been in responsible charge of work, not in the employ of the city or county.
(2) The Raleigh County Commission shall appoint:
(a) A registered professional structural engineer or a registered professional architect, not employed by a municipality or county; and
(b) A licensed electrical or fire protection contractor, not employed by a municipality or county, with at least ten years of experience, five years of which shall have been in responsible charge of work.
(3) All members of the Beckley-Raleigh County Building Code Board of Appeals appointed by the city of Beckley, any municipality accepted as a member of the authority, and the Raleigh County Commission shall be residents of Beckley, the municipality, or Raleigh County or be a West Virginia Licensed Contractor or Registered Professional Engineer or Architect, doing such business in Beckley, the municipality, or Raleigh County.
(4) The fifth member of the Beckley-Raleigh County Building Code Board of Appeals shall be a Registered Professional Engineer or Architect, or a West Virginia Licensed Contractor, agreed upon by the city of Beckley and the Raleigh County Commission.
(5) The terms of Beckley-Raleigh County Building Code Board of Appeals members shall be staggered with the first appointment made by the city of Beckley and the Raleigh County Commission for a term of three years. The second appointment made by the city of Beckley and the Raleigh County Commission, for a term of two years. The fifth appointment shall be for a term of one year. All subsequent terms shall be for three year terms.
(6) The city of Beckley and the Raleigh County Commission may appoint one alternate to the original Beckley-Raleigh County Building Code Board of Appeals, each to serve a term of three years, only in the absence of a regular member. Alternate appointees shall be either:
(a) A West Virginia Registered Professional Engineer or Architect, residing in, but not employed by the city of Beckley or Raleigh County.
(b) A West Virginia licensed general, residential, plumbing, mechanical, electrical, fire protection, piping, excavating or demolition contractor with at least at least ten years of experience, five years of which shall have been in responsible charge of work, residing in, but not employed by the city of Beckley or Raleigh County.
(7) No alternate member to the Beckley-Raleigh County Building Code Board of Appeals may serve more than two consecutive terms, may be reappointed thereafter.
(8) In the event other municipalities are accepted as members of the Beckley-Raleigh County Building Code Board Authority, all governing bodies shall mutually agree on subsequent appointments to the Beckley-Raleigh County Building Code Board of Appeals, or as an alternate, with the same qualifications and residency in Raleigh County or the participating municipality.

NOTE: The purpose of this bill is to create the Beckley-Raleigh County Building Code Authority to oversee operations of the Beckley-Raleigh County Code Enforcement Department and to adopt and enforce the state building code in Beckley and Raleigh County. This bill also create a Building Code Authority Board of Appeals.

This Local Bill is new; therefore, strike-throughs and underscoring have been omitted.

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