Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
       Committee Substitute for Senate Bill 629
        BY SENATORS TRUMP AND HAMILTON
   [Originating in the Committee on Government Organization; reported February 9, 2024]
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  A BILL to amend and reenact §15A-11-5 of the Code of West Virginia, 1931, as amended, relating
         to State Building Code; authorizing State Fire Commission to promulgate emergency
         rules; making State Building Code applicable in all counties and every municipality on date
         certain; clarifying that building code is applicable prospectively in counties and
         municipalities that did not previously adopt it; and requiring builder to follow provisions of
         State Building Code in construction or renovation of a structure even if county or
         municipality does not provide inspection and enforcement services.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE 11. FIRE COMMISSION.
     §15A-11-5. Promulgation of rules and statewide building code.
         (a) The State Fire Commission shall propose rules for legislative approval and shall
  promulgate emergency rules in accordance with the provisions of §29A-3-1 et seq. 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 rule may
  include provisions regarding building construction, renovation, and all other aspects as related to
  the construction and mechanical operations of a structure. The rule shall include building energy
  codes. 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
 all 55 counties and each municipality after July 1, 2025: Provided, That for each county or
 municipality may adopt the code to the extent that did not adopt the code prior to the effective
 date of this section it is only prospective and not retroactive in its application: Provided, however,
 That buildings or structures utilized used primarily for agricultural purposes shall be are exempt
 from the provisions of the State Building Code, the State Fire Code, and any county or municipal
 building code or ordinance that is or may be adopted, such as the ICC International Property
 Maintenance Code.
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        (b) The State Fire Commission may establish advisory boards as it considers appropriate
 to encourage representative participation in subsequent rulemaking from groups or individuals
 with an interest in any aspect of the State Building Code or related construction or renovation
 practices
        (c) (b) 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 rule 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 rule
 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 rule 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) (c) 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
 if a county or municipality does not provide inspection and enforcement services, a builder is still
 required to follow the provisions of the State Building Code in the construction or renovation of a
 structure: Provided, however, That any a county or municipality may adopt the State Building
 Code with or without adopting the BOCA National Property Maintenance Code is not required to
 adopt the ICC International Property Maintenance Code. If a county or municipality adopts a
 property maintenance code or ordinance including, but not limited to, the ICC International
 Property Maintenance Code, such code or ordinance shall exempt all property used for
 agricultural purposes or otherwise cause such property to be exempted from any such code or
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 ordinance from enforcement. Any such code that may be or is adopted by any county or
 municipality shall be and is unenforceable as to agricultural property.
        (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
 Marshal of its adoption
        (f) (d) 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 and to
 encourage representative participation in subsequent rulemaking from groups or individuals with
 an interest in any aspect of the State Building Code or related construction or renovation practices.
        (g) (e) 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 §29-1-8 of this code or the National Register of Historic Places, pursuant to 16 U.S.C. § 470a.
 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, Department of Arts, Culture, and History’s State Historic
 Preservation Office. The final decision is vested in the State Fire Marshal. Additions constructed
 on a historic building are not excluded from complying with the State Building Code.
        (h) (f) For purposes of this section, the term "agricultural purposes" has the same meaning
 as is set forth in §15A-11-3 of this code.
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Statutes affected: 
Introduced Version: 15A-11-5
Committee Substitute: 15A-11-5