SB 629 — Requiring builders to follow State Building Code when local inspection and enforcement not provided

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 629 ByBY SenatorsSENATORTRUMP TrumpANHAMILTON and[Originating Hamiltonin [Introducedthe FebruaryCommittee 5,on 2024;Government Organization;

referredreported toFebruary the9, Committee2024] onCS Governmentfor Organization] Intr SB 2024R3464629 A BILL to amend and reenact §15A-11-5 of the Code of West Virginia, 1931, as amended, relating to rules for statewide building codes promulgated by the State FireBuilding Commission;Code;

andauthorizing requiringState aFire builderCommission to followpromulgate theemergency provisionsrules; of the State Building code in the construction or renovation of a structure if a county or municipality does not provide inspection and enforcement services.

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.

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;application:

CS for SB 629 (b) The State Fire Commission may establish advisory boards as it considers appropriate to encourage representative participation in subsequent rulemaking from groups or individuals Intr SB 2024R3464 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.

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 codeCode 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 BOCAICC NationalInternational 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 CS for SB 629 ordinance from enforcement.

(e) After the State Fire Commission has promulgated rules as provided in this section, Intr SB 2024R3464 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.rules and to encourage representative participation in subsequent rulemaking from groups or individuals with an interest in any aspect of the State Building Code orrelated construction or renovation practices.

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.

NOTE:

The purpose of this bill is to require a builder to follow the provisions of the State Building code in the construction or renovation of a structure, even if a county or municipality does not provide inspection and enforcement services.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.