SB 565 — Clarifying authority of State Fire Commission

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 565 By Senators Jeffries, Gaunch, Palumbo, Baldwin, Facemire, Ojeda, Plymale, Prezioso, Romano, Stollings, Unger, Woelfel, and Cline [Introduced[Originating Februaryin 15,the 2018;Committee on Government Organization;

ReferredReported toon theFebruary Committee23, on2018] Government  Organization]  A BILL to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to clarifying the authority of the State Fire CommissionCommission; in adopting a State Building Code with regard to establishing building energy savings codes.

modifying requirement that State Fire Commission propose certain building energy codes;

and making stylistic and technical changes.

(c) The State Fire Commission shall propose a rule for legislative approval in accordance with the provisions of article§29A-3-1 three,et chapterseq. twenty-nine-a of this code to include the following building energy codes in the State Building Code:

of this code to include the following building energy codes in the State Building Code:.

and (2) The ANSI/ASHRAE/IESNA Standard 90.1-2007 building energy code for commercial buildings or other building energy code or codes for commercial buildings that meets or exceeds equivalent energy savingssavings. (d) (c) (1) The State Fire Commission has authority to may propose rules for legislative approval, in accordance with the provisions of §29A-3-1 et seq.

(d)(1) The State Fire Commission has authority to may propose rules for legislative approval, in accordance with the provisions of §29A-3-1 et seq.

(e) (d) The State Fire Commission has authority to may establish advisory boards as it deems 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.

(f) (e) 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, countycounty, 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, countycounty, 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, countycounty, 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.

(g) (f) Enforcement of the provisions of the State Building Code is the responsibility of the respective local jurisdiction.

(h) (g) 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.

(i) (h) 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.

(j) (i) 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§29-1-8 eight, article one of this chaptercode or the National Register of Historic Places, pursuant to 16 U.

The purpose of this bill is to remove the language making it mandatory that the State Fire Commission adopt energy codes.

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