wv-wv-18565: 87-04 — State Building Code

6/29/2026 3:06:54 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Fire Commission TITLE-SERIES: 87-04 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: State Building Code CITE STATUTORY AUTHORITY: W. Va. Code §15A-11-5. COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/29/2026 12:00 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Brandolyn N. Felton-Ernest 1900 Kanawha Blvd., E. ADDRESS: Building 1, Room W-400 EMAIL: brandolyn.feltonernest@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: No RELEVANT FEDERAL STATUTES OR REGULATIONS: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: This rule establishes the standards considered necessary by the State Fire Commission for the safeguarding of life and property and to ensure compliance with the minimum standards of safe construction of all structures erected or renovated throughout this state. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: The proposed amended rule updates the filing date, effective date and sunset provision of the rule. The proposed amended rule also updates the references of standards and requirements set out as published by the International Code Council, American National Standards Institute, the National Fire Protection Association, the International Plumbing Code, International Mechanical Code, and the ASHRAE to the most recent editions. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: 0 B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: 0 C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: 0 D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost Personal Services Current Expenses Repairs and Alterations Assets Other 2. Estimated Total Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): 0 BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Brandolyn N Felton-Ernest-By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 87CSR4 TITLE 87 LEGISLATIVE RULE STATE FIRE COMMISSION SERIES 4 STATE BUILDING CODE §87-4-1. General. 1.1. Scope. -- This rule establishes the standards considered necessary by the State Fire Commission for the safeguarding of life and property and to ensure compliance with the minimum standards of safe construction of all structures erected or renovated throughout this state. 1.2. Authority. -- W. Va. Code §15A-11-5. 1.3. Filing Date. -- May 5, 2022. 1.4. Effective Date. – August 1, 2022. 1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027 2032. 1.6. Exemptions. -- The State Building Code has no application to buildings or structures used primarily for agricultural purposes including agritourism purposes. 1.7. Incorporation of Other Documents. -- This rule does not include a reprinting of all the requirements imposed by statute or by the incorporation of various nationally recognized standards and codes cited in Subsection 4.1 of this rule. For ascertaining these additional standards and requirements, it is necessary to make reference to the other documents. §87-4-2. Definitions. rd 2.1. “ANSI” means American National Standards Institute, 25 West 43 St., Fourth Floor, New York, NY 10036. 2.2. “ASTM” means American Society of Testing and Materials. 2.3. “Fire Commission” means the thirteen (13) appointed members of the West Virginia State Fire Commission. 2.4. “Fire Marshal” means the West Virginia State Fire Marshal and/or his or her designated representatives. 2.5. “ICC” or “International” means International Code Council. 2.6. “Local jurisdiction” means municipal, county, or other local government. 2.7. “NFPA” means National Fire Protection Association. 1 87CSR4 2.8. “State Building Code” means the entire contents of this rule and the referenced national standards and codes. 2.9. “State Fire Code” means the entire contents of the State Fire Code, 87CSR1, and the referenced standards and codes. §87-4-3. Conflicts. 3.1. Whenever there is a conflict between the State Fire Code and the State Building Code, the State Fire Code takes precedence. 3.2. Whenever there is a conflict between the International Plumbing Code requirements of the State Building Code and the rules of the West Virginia State Department of Health and Human Resources, the rules of the Department of Health and Human Resources take precedence. 3.3. Whenever there is a conflict between the State Building Code and statutory laws of the State of West Virginia, the laws of the State of West Virginia take precedence. §87-4-4. National Standards and Codes. 4.1. The standards and requirements as set out and as published by the International Code Council, and American National Standards Institute, and the National Fire Protection Association as listed in this subsection, have the same force and effect as if set out verbatim in this rule. 4.1.a. The 2018 2024 edition, International Building Code, with the following exceptions: 4.1.a.1. Provided; that the section entitled “Fire Prevention” and identified as Section 101.4.5 is deleted and not considered to be a part of this rule. 4.1.a.2. Further provided that the entire subsection entitled “Qualifications” and identified as Section 113.3 is deleted and replaced with the following: “Section 113.3. Board of Appeals 113.3. Qualifications. The board of appeals shall consist of five members, with up to three alternates, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. They may include, but are not limited to, a WV Registered Professional Architect or Engineer, or a WV Licensed General Building, Residential, Electrical, Piping,Plumbing,MechanicalorFireProtection Contractor,withatleast10 years experience,fiveofwhich shall be in responsible charge of work. No less than one of the members of such Board of Appeals shall be a WV Registered Professional Architect or Engineer, or a WV Licensed General Building, Residential, Electrical, Piping, Plumbing, Mechanical or Fire Protection Contractor.” 4.1.b. The 2018 2024 edition of the International Plumbing Code. 4.1.c. The 2018 2024 edition of the International Mechanical Code. The following shall be in addition to the current language found in the said edition of the reference code and section: 4.1.c.1. See International Mechanical Code, Section 908, Cooling Towers, Evaporative Condensers and Fluid Coolers. 2 87CSR4 4.1.c.1.A. 908.1 General- A cooling tower used in conjunction with an air-conditioning applianceshallbeinstalledinaccordancewiththemanufacturer’sinstructions.Factory-builtcoolingtowers shall be listed in accordance with UL 1995 or UL/CSA 60335-2-40. 4.1.c.1.B. Section 916 Pool and Spa Heaters 4.1.c.1.B.1. 916.1 General- Pool and spa heaters shall be installed in accordance with the manufacturer's instructions. Oil-fired pool and spa heaters shall be tested in accordance with UL 1261. Pool and spa heat pump water heaters shall comply with UL 1995, UL/CSA 60335-2-40 or CSA C22.2 No. 236. 4.1.c.1.B.1.(a). Exception: Portable residential spas and portable residential exercise spas shall comply with UL 1563 or CSA C22.2 No. 218.1. 4.1.c.1.C. Section 918 Forced-Air Warm-Air Furnaces 4.1.c.1.C.1. 918.1 Forced-Air furnaces- Oil-fired furnaces shall be tested in accordance with UL 727. Electric furnaces shall be tested in accordance with UL 1995 or UL/CSA 60335- 2-40. Solid fuel furnaces shall be tested in accordance with UL 391. Forced-air furnaces shall be installed in accordance with the listings and the manufacturer’s instructions. 4.1.c.1.C.2. 1918.2 Heat Pumps- Electric heat pumps shall be tested in accordance with UL 1995 or UL/CSA 60335-2-40. 4.1.c.1.D. Section 1101 General 4.1.c.1.D.1. 1101.1.1 Refrigerants other than ammonia. Refrigeration systems using a refrigerant other than ammonia shall comply with this chapter, ASHRAE 15 orASHRAE 15.2 as applicable Refrigeration systems containing carbon dioxide as the refrigeration shall also comply with IIAR CO2. 1101.2 Factory-Built Equipment and Appliances- Listed and labeled self-contained, factory-built equipment and appliances shall be tested in accordance with UL 207, 412, 471, 1995, UL/CSA 60335-2- 40, or UL/CSA 60335-2-89. Such equipment and appliances are deemed to meet the design, manufacture and factory test requirements of this code if installed in accordance with their listing and the manufacturer’s instructions. 4.1.c.1.D.2. 1107.4 Piping materials standards. Refrigerant pipe shall conform to one or more of the standards listed in Table 1107.4. For refrigeration systems used in residential occupancies serving only a single family dwelling unit or sleeping unit, refrigerant piping and tubing shall be limited to aluminum, copper, and copper alloy. The exterior of the pipe shall be protected from corrosion and degradation. 4.1.c.1.D.3. 1107.5 Pipe fittings. Refrigerant pipe fittings shall be approved for installation with the piping materials to be installed, and shall conform to one of more of the standards listed in Table 1107.5 or shall be listed and labeled as complying with UL 207. For refrigeration systems used in residential occupancies serving only a single dwelling unit or sleeping unit refrigerant fittings shall be limited to only aluminum, copper, copper alloys, stainless steel, and steel. 4.1.c.1.D.4. 1109.3.2. Shaft ventilation. Refrigerant pipe shafts with systems using Group A2L or B2L refrigerant shall be naturally or mechanically ventilated. Refrigerant pipe shafts with 3 87CSR4 one or more systems using any Group A2, A3, B2 or B3 refrigerant shall be continuously mechanically ventilated and shall include a refrigerant detector. The shaft ventilation exhaust outlet shall comply with Section 501.3.1. Naturally ventilated shafts shall have a pipe, duct or conduit not less than 4 inches (102 mm) in diameter that connects to the lowest point of the shaft and extends to the outdoors. The pipe, duct or conduit shall be level or pitched downward to the outdoors. Mechanically ventilated shafts shall have a minimum airflow velocity in accordance with Table 1109.3.2. The mechanical ventilation shall be continuously operated or activated by a refrigerant detector. Systems utilizing a refrigerant detector shall activate the mechanical ventilation at a maximum refrigerant concentration of 25 percent of the lower flammable limit of the refrigerant. The detector, or a sampling tube that draws air to the detector, shall be located in an area where refrigerant from a leak will concentrate. The shaft shall not be required to be ventilated for double-wall refrigerant pipe where the interstitial space of the double-wall pipe is vented to the outdoors. For refrigeration systems used in residential occupancies serving only a single dwelling unit or sleeping unit, shaft ventilation shall not be required where the pipe or tube is continuous without fittings in the shaft. 1101.6 General. Refrigeration systems shall comply with the requirements of this code and, except as modified by this code, ASHRAE 15. Ammonia-refrigerating systems shall comply with this code and, except as modified by this code, ASHRAE 15, IIAR 2. High probability systems utilizing A2L refrigerants shall comply with ASHRAE 15. 4.1.c.1.E. Chapter 15 REFERENCED STANDARDS 4.1.c.1.E.1. 1501.3 Referenced Standards – See Table 1 ASHRAE ASHRAE 1791 Tullie Circle, NE Atlanta, GA 30329 Standard reference number Title 15-2019 2024 Safety Standard for Refrigeration Systems 34-2019 2024 Designation and Safety Classification of Refrigerants CSA CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131-5516 Standard reference number Title CSA C22.2 No. 60335-2-40—19 Household And Similar Electrical Appliances - Safety - Part 2-40: Particular Requirements for Electrical Heat rd Pumps, Air-Conditioners and Dehumidifiers – 3 Edition 4 87CSR4 CSA C22.2 No. 60335-2-89—21 Household And Similar Electrical Appliances - Safety - Part 2-89: Particular Requirements for Commercial Refrigerating Appliances with an Incorporated or Remote Refrigerant Unit or Compressor Table 1 UL UL LLC 333 Pfingsten Road Northbrook, IL 60062-2096 Standard reference number Title UL/CSA 60335-2-40—19 Household And Similar Electrical Appliances - Safety - Part 2-40: Particular Requirements for Electrical Heat rd Pumps, Air-Conditioners and Dehumidifiers – 3 Edition UL/CSA 60335-2-89—21 Household And Similar Electrical Appliances - Safety - Part 2-89: Particular Requirements for Commercial Refrigerating Appliances with an Incorporated or Remote Refrigerant Unit or Compressor Table 1 4.1.d. The 2018 2024 edition of the International Fuel Gas Code, with the following exception: 4.1.d.1. Section 404.10 Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade. If the minimum depth cannot be maintained, the piping system shall be installed in conduit or shielded in an approved manner. 4.1.e. The 2018 2024 edition of the International Property Maintenance Code. This code may be rejected at the option of the local jurisdiction. 4.1.e.1. This code may be adopted by the local jurisdiction without requiring adoption of the other national codes and standards listed in this rule. 4.1.f. The 2015 2024 edition of the International Energy Conservation Code for residential buildings, with the following exception: 4.1.f.1. Section, R402.4.1.2. Testing. The building or dwelling unit shall in lieu thereof have an air leakage rate not exceeding five 3 air changes per hour in Climate Zones 3 through 8. 5 87CSR4 4.1.g. The ANSI/ASHRAE/IESNA Standard 90.1 2013 2019 edition for commercial buildings. 4.1.g.1. Using building energy benchmarking in all commercial structures means measuring a building’s energy use and then comparing it to the energy use of similar buildings, its own historical energy usage, or a reference performance level, and is an allowable option for improved energy efficiency and performance. 4.1.h. The 2018 2024 edition of the International Residential Code for One- and Two-Family Dwellings, with the following exceptions: 4.1.h.1. Chapter 11 of the 2018 2024 edition of the International Residential Code for One- and Two-Family Dwellings, Seventh Printing, entitled “Energy Efficiency”, is exempt from this rule. 4.1.h.2. SectionG2415.12(404.10)MinimumBurialDepth.Undergroundpipingsystemsshall be installed a minimum depth of 12 inches (305 mm) below grade. If the minimum depth cannot be maintained, the piping system shall be installed in conduit or shielded in an approved manner. 4.1.h.3. Section M1402 Central Furnaces. 4.1.h.3.A. M1402.1 General- Oil-fired central furnaces shall conform to ANSI/UL 727. Electric furnaces shall conform to UL 1995 or UL/CSA 60335-2-40. 4.1.h.3.B. Section M1403 Heat Pump Equipment 4.1.h.3.B.1. M1403.1 Heat pumps- Electric heat pumps shall be listed and labeled in accordance with UL 1995 or UL/CSA 60335-2-40. 4.1.h.3.C. Section M1412 Absorption Cooling Equipment 4.1.h.3.C.1. M1412.1 Approval of equipment- Absorption systems shall be installed in accordance with the manufacturer’s instructions. Absorption equipment shall comply with UL 1995 or UL/CSA 60335-2-40. 4.1.h.3.D. Section M1413 Evaporative Cooling Equipment 4.1.h.3.D.1. M1413.1 General- Evaporative cooling equipment and appliances shall comply with UL 1995 or UL/CSA 60335-2-40 and shall be installed in accordance with 4401.3 Referenced standard list: 4.1.h.3. E. Chapter 44 Referenced standards 4.1.h.3.E.1. 4401.3 Referenced standard list – See table 2 ASHRAE ASHRAE 1791 Tullie Circle NE Atlanta, GA 30329 Standard referenced Title Table 2 34-2019 2024: Designation and Safety Classification of Refrigerants 6 87CSR4 CSA CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131-5516 Standard referenced Title CAN/CSA/C22.2 No. Safety of Household and Similar Electric 60335-2-40-2019 Appliances, Part 2-40: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers-3 edition UL UL LLC 333 Pfingsten Road Northbrook, IL 60062 Standard referenced Title 1995-2015: Heating and Cooling Equipment UL/CSA/ 60335- Safety of Household and Similar Electrical 2-40-2019: Appliances, Part 2-40: Particular Requirements for Electrical Heat rdmps, Air-Conditioners and Dehumidifiers-3 Edition Table 2 4.1.i. Section R311.7.5 Stair Treads and Risers 4.1.i.1. 311.7.5.1 Riser Heights -- The maximum riser height shall be eight and one- quarter (8 ¼) inches. 4.1.i.2. 311.7.5.2 Tread Depth -- The minimum tread depth shall be nine (9) inches. 4.1.j. Section R403.1.7.1: Building Clearances from Ascending Slopes is not applicable to this rule. 4.1.k. Section R403.1.7.2: Footings Setbacks from Descending Slope Surfaces is not applicable to this rule. 4.1.l. The 2017 ICC/ANSI A117.1 American National Standards for Accessibility & Usable Buildings & Facilities. 4.1.l.1. The20182024InternationalExistingBuildingCode,withthefollowingexception: 4.1.l.2. Omit reference to International Fire Code and substitute NFPA 1, Fire Code and NFPA 101, Life Safety Code 2018 edition, as adopted in the State Fire Code, 87 CSR 01. 7 87CSR4 4.1.m. The 2020 2023 edition of the National Electrical Code, NFPA 70, with the following exception: 4.l.m.1. Section 210.8(F) GFCI Protection shall not be required on all new mini-split heating/ventilation/air-conditioning (HVAC) equipment and other HVAC units employing power conversion equipment as a means to control compressor speed systems including but not limited to mini- split and A/C units until January 1, 2023. 4.1.m.21. For renovations in one- and two-family homes where no new square footage is involved, arc-fault circuit interrupter (AFCI) protection shall not be required, except for in bedrooms. For renovationinone-andtwo-familyhomeswheresquarefootageisaddedbutnoelectricalserviceisinstalled, arc-fault circuit interrupter (AFCI) protection shall not be required. 4.1.n. The 2018 2024 edition of the International Swimming Pool and Spa Code. 4.2. Wherever referenced in the several ICC codes adopted in this section, any reference to the International Fire Code should be substituted with the NFPA 1, Fire Code and NFPA 101, Life Safety Code 2021 edition, as adopted in the State Fire Code, 87 CSR 01. 4.3. Whenever a certificate of occupancy is required of a commercial structure greater in size than 7,600feet,theprojectdocuments shallbedesigned by anArchitectlicensedby theWV Board ofArchitects, or a Professional Engineer licensed by the WV State Board of Registration for Professional Engineers. §87-4-5. Fire Protection of Floors in Residential Buildings 5.1. New One and Two Family Dwellings over one level in height, New One and Two Family Dwellings containing a basement, and New One and Two Family Dwellings containing a crawl space containing a fuel burning appliance below the first floor, shall provide one of the following methods for fire protection of floors: (1) A 1/2 inch (12.7 mm) gypsum wallboard membrane, 5/8 inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member; (2) Wood floor assemblies using dimension lumber or structural composite lumber equal or greater than 2 inch by 10 inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance; or (3) An Automatic Fire Sprinkler System as set forth in section R313.1 or R313.2 R309.1 or R309.2 of the 2015 2024 edition of the International Residential Code for One and Two Family Dwellings: Provided, That floor assemblies located directly over a space protected by an automatic sprinkler system as set forth in section R313.1 or R313.2 R309.1 or R309.2 of the 2015 2024 edition of the International Residential Code for One and Two Family Dwellings are exempt from this requirement. 5.2. TownhousesmeetingtheFire-ResistantConstructionStandardR302.2willbetreatedasNewOne- and Two-Family Dwellings and shall comply with Section 5.1 above. §87-4-6. Exceptions. 6.1. The following structures are not subject to inspection by local jurisdictions: 6.1.a. Group U utility structures and storage sheds comprising an area not more than 200 sq. ft. which have no plumbing or electrical connections and are used only for residential storage purposes. (Examples include sheds that are for the residential storage of lawnmowers, tools, bicycles or furniture.) Not included are those utility structures and storage sheds which have plumbing or electrical connections are a non-residential use or for the storage of explosives or other hazardous or explosive materials. 8 87CSR4 §87-4-7. Adoption Enforcement by Local Jurisdiction. 7.1. Each local jurisdiction adopting enforcing the State Building Code shall notify the State Fire Commission in writing. The local jurisdiction shall send a copy of the ordinance or order list of building code official and building code officials with enforcement authority within their respective jurisdiction to the State Fire Marshal, West Virginia State Fire Commission, 1207 Quarrier Street, 2nd floor 1600 Pennsylvania Avenue, Charleston, West Virginia 25301 25302, within thirty (30) days of adoption the effective date of this rule and as provided in W. Va. Code §7-1-3n and §8-12-13. 7.2. Each local jurisdiction which adopts the State Building Code is responsible for the enforcement of the building code as provided in West Virginia Code 7-1-3n and 8-12-13. Contracted building code officials and building code inspectors or members of the West Virgina State Fire Marshal’s Office who have met the qualifications shall be permitted to enter all buildings for inspection purposes at reasonable hours or during all hours where a report has been received where dangerous or hazardous conditions may exist. 7.3. Throughout the national codes, adopted in subsection 4.1 of this rule, there are discretionary provisions or amendments which require further action by the adopting local jurisdiction in order to adapt these codes to various local conditions. The appendices are not a part of the code and must also be adopted enforced by the local jurisdiction to be enforceable. It is therefore the intent of this rule to further authorize each local jurisdiction to further complete, by order or ordinance, those respective areas which are indicated to be completed by the adopting “jurisdiction” and any of the appendices the local jurisdiction wishes to adopt. 7.4. Within the penalty sections of each of the national codes, adopted in Section 4.1 of this rule, there is a penalty for imprisonment. The provision of imprisonment for any violation of this rule is optional with each adopting enforcing local jurisdiction. 7.5. Each of the national codes adopted in subsection 4.1 of this rule provides for a separate appeals board. However, the intent and requirements for an appeal board may be met with the creation by the local jurisdiction of a single appeals board for the entire “State Building Code.” 7.6. Each local jurisdiction building code official or building code inspector hired or contracted adopting enforcing the State Building Code shall comply with the requirements set forth in Title 87 103, Series 7 6 “Standards for the Certification and Continuing Education of Municipal, County, and Public- Sector Building Code Officials, Building Code Inspectors and Plans Examiners.” 7.7. All questions of interpretation and enforcement of the State Building Code are delegated to the local jurisdiction unless expressly provided by State Code, by this Rule, or by the incorporated codes and standards referenced in this Rule. §87-4-8. Existing Building Codes. 8.1. All building codes previously adopted enforced by local jurisdictions are null and void. §87-4-9. Exemption for agricultural purposes. 9.1. If a property owner orother responsible party claimsexemption from the applicable Building Code based on the agricultural purposes exemption identified in subsection 1.6 of this rule, he or she shall submit 9 87CSR4 the question to the Commissioner of Agriculture for a determination of eligibility. 9.2. ThepropertyownerorresponsiblepartyshallsubmittotheCommissionerofAgriculturesufficient information to allow the Commissioner to determine the primary use of the property. This information shall include, but is not limited to, the location of the property and buildings, the types of agricultural use or uses, the percentage or frequency of use, and any other information that the Commissioner requires to make a decision. 9.3. The Commissioner of Agriculture shall provide a copy of his or her decision to the property owner or responsible party, and to the entity that has adopted and is enforcing the Building Code. 10