Below is a Generic Ordinance for the adoption of WV State Building Code. Feel free to read through this version for some ideas. You may also download and use this as a starting point to create a version for you jurisdiction. We wil be providing more information and links over the next few weeks. Thank you and stay tuned!
You can also download the word documents below:
Generic Building Code Adoption (Word Document) link
Building Code Discretionary (Word Document) link
ORDINANCE NO. _____
AN ORDINANCE AMENDING AND SUPPLEMENTING THAT PORTION OF CITY ORDINANCE NO. _____, WHICH IS CODIFIED AS SECTION ______ OF THE CITY CODE TO PROVIDE FOR A CERTAIN REVISION TO THE STATE BUILDING CODE PROMULGATED BY THE WEST VIRGINIA STATE FIRE COMMISSION AND ESTABLISHED BY LEGISLATIVE RULE, TITLE 87, SERIES 4, TO BE EFFECTIVE AUGUST 1, 2022
WHEREAS, pursuant to the provisions of West Virginia Code §8-12-13, the City of ___________ by Ordinance No. _______ has duly adopted the lawfully enacted the State Building Code which consists of the standards and requirements as set out and published by the International Code Council and American Standards Institute and adopted by the State of West Virginia Legislature and codified as Title 87 Series 4 of the Code of State Regulations.
WHEREAS, the State Fire Marshal’s Office has notified the City of __________ of a certain change to said Title 87 Series 4 which will take effect on August 1, 2022, and has directed the City of ____________ to adopt said change as part of its Building and Housing Code
NOW, THEREFORE, THE CITY OF __________HEREBY ORDAINS THAT:
Ordinance No. [__old___] __new___ be and the same is hereby amended and supplemented as follows: (matter to be deleted bracketed; new matter underlined)
Section _________ of the City Code be and is hereby amended as follows: The State Building Code be and is hereby reenacted and adopted as promulgated by the West Virginia State Fire Commission, Title No. 87, Series 4 “State Building Code” as approved by the West Virginia Legislature, by Legislative Rule filed [May 3, 2016], January 7, 2022 and effective August 1, [2016], 2022 as amended, and which establishes the standards and requirements as set out and as published in [2015] 2018 by the International Code Council and American Standards Institute, and the following codes, as promulgated, be and the same are incorporated by reference as if fully set out verbatim herein: The [2015] 2018 International Building Code, as modified or amended, to include Section 4.1.g. The ANSI/ASHRAE/IESNA Standard 90.1 [2010] 2013 Edition for commercial buildings, as excepted, modified or amended; [2015] 2018 International Residential Code, as excepted, modified or amended; [2015 ] 2018 International Existing Building Code, as excepted, modified or amended; [2015] 2018 International Plumbing Code, as excepted, modified or amended; [2015] 2018 International Mechanical Code, as excepted, modified or amended; [2015] 2018 International Fuel Gas Code, as excepted, modified or amended; [2015] 2018 International Property Maintenance Code, as excepted, modified or amended; NFPA Life Safety Code [2018] 2021 Edition; The [2017] 2020 Edition of the National Electric Code NFPA 70, as excepted, modified or amended; the [2009] 2017 ICC/ANSI A117.1 Accessible and Usable Buildings and Facilities Code, as excepted, modified or amended; the [2015] 2018 International Swimming Pool and Spa Code, as excepted, modified or amended; and the [2009] 2015 International Energy Conservation Code – for Residential Dwellings, as excepted, modified or amended, all of which will have an effective date of August 1, [2016] 2022.
Section 3. SAVINGS: Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any court, or rights acquired or liability incurred, or any cause or causes under any act or ordinance repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance; and to that end the provisions of any prior enactment are hereby saved; provided however, that all building codes previously adopted by the City of _________ and inconsistent with the State Building Code then in effect are null and void.
Section 4. CONFLICTING ORDINANCES: A. Any existing municipal ordinance that is more stringent or imposes a higher standard than is required by the above referenced codes shall
govern, provided such ordinance is not inconsistent with the laws of the State of West Virginia and are not contrary to recognized standards and good engineering practices.
B. Any existing municipal ordinance that is less stringent or imposes a lesser standard than is required by the above-referenced codes is hereby amended to comply therewith.
Section 5. SEVERABILITY: If any section, sentence, clause or phrase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article which shall continue in full force and effect, and to this end the provisions of this article are hereby declared severable.
Section 6: ENFORCEMENT: A. In addition to any other City personnel, officer, or official authorized to investigate and enforce the provisions of this article, the City’s Building Inspector, Deputy Building Inspector, and Code Enforcement Officer (enter whoever enforces your codes here) shall have authority to enforce the provisions of this article.
Section 7. A certified copy of this Ordinance shall be filed with the West Virginia State Fire Commission Office of the State Fire Marshall.
This Ordinance shall become effective thirty days after adoption.
Passed this ____ day of ______, 2022.
______________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
ORDINANCE NO. __________
AN ORDINANCE AMENDING AND SUPPLEMENTING THAT PORTION OF CITY ORDINANCE NO. ____, WHICH IS CODIFIED AS SECTION _______ OF THE CITY CODE TO PROVIDE FOR A CERTAIN REVISION TO THE STATE BUILDING CODE PROMULGATED BY THE WEST VIRGINIA STATE FIRE COMMISSION AND ESTABLISHED BY LEGISLATIVE RULE, TITLE 87, SERIES 4, TO BE EFFECTIVE AUGUST 1, 2022
SYNOPSIS
By this proposed ordinance, the Council for the City of ________ amends Ordinance No. ____ which adopted the State Building Code as the City of _________ Building Code to accommodate certain changes to the State Building Code, which will take effect on August 1, 2022, and as directed by the State Fire Marshal’s Office.