(a) There is adopted, by reference as if fully restated herein, for the purpose of establishing rules and regulations, the State Building Code as authorized by W.Va. Code§ 8-12-13 and promulgated by the West Virginia State Fire Commission pursuant to W.Va. Code § 15A-11-5 (formally §29-3-5b, repealed 2020 by SB586 and re-codified in Chapter 15A) and by the State of West Virginia in Title 87, Legislative Rule Series 4 § 87-4-1 et seq., and the provisions thereof shall be controlling within the corporate limits of the Village of Barboursville under West Virginia specifically including W.Va. Code R. 87-4-5 "Fire Protection of Floors in Residential Buildings". One (1) copy, certified by the mayor, shall be maintained in the office of the Public Works Department and shall be available to the public for inspection and use during all regular business hours and one (1) copy, certified by the mayor shall be maintained on file in the office of the recorder.
(b) Any existing municipal ordinance that is more stringent or imposes a higher standards that is required by the above referenced codes shall govern, provided such ordinance is not inconsistent with the laws of West Virginia and is not contrary to recognized standards and
good engineering practices.
(c) Any existing municipal ordinance that is less stringent or imposes a lower standard than is required by the above reference codes is hereby amended to comply therewith.
(d) The national standards as set out in subsection 4.1 the West Virginia Building Code 87CSR4 effective August 1, 2022 (said rule attached hereto for reference), and the standards and requirements published by the International Code Council, and American National Standards Institute, and the National Fire Protection Association, shall have the same force and effect as if set out verbatim in this section:
(1) The 2018 edition, International Building Code, with the following exceptions:
A. 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.
B. Further provided that the entire subsection entitled "Qualifications" and identified as Section 113.3 is deleted and replaced with the following:
i. "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, Mechanical or Fire Protection Contractor, with at least 10 years experience, five of which 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."
(2) The 2018 edition of the International Plumbing Code.
(3) The 2018 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:
A. See International Mechanical Code, Section 908, Cooling Towers, Evaporative Condensers and Fluid Coolers.
i. 908.1 General- A cooling tower used in conjunction with an air-conditioning appliance shall be installed in accordance with the manufacturer's instructions. Factory-built cooling towers shall be listed in accordance with UL 1995 or UL/CSA 60335-2-40.
ii. Section 916 Pool and Spa Heaters
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.
a. Exception: Portable residential spas and portable residential exercise spas shall comply with UL 1563 or CSA C22.2 No. 218.1
iii. Section 918 Forced-Air Warm-Air Furnaces
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.
2. 1918.2 Heat Pumps- Electric heat pumps shall be tested in accordance with UL 1995 or UL/CSA 60335-2-40.
iv. Section 1101 General
1. 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.
2. 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.
v. Chapter 15 REFERENCED STANDARDS
1. 1501.3 Referenced Standards See Table I
(4) The 2018 edition of the International Fuel Gas Code, with the following exception:
A. 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.
(5) The 2018 edition of the International Property Maintenance Code.
(6) The 2015 edition of the International Energy Conservation Code for residential buildings, with the following exception:
A. Section, R402.4. 1.2. Testing. The building or dwelling unit shall in lieu thereof have an air leakage rate not exceeding five air changes per hour in Climate Zones 3 through 8.
(7) The ANSI/ASHRAE/IESNA Standard 90.12013 edition for commercial buildings.
A. 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.
(8) The 2018 edition of the International Residential Code for One- and Two-Family Dwellings, with the following exceptions:
A. Chapter 11 of the 2018 edition of the International Residential Code for One- and Two-Family Dwellings, Seventh Printing, entitled "Energy Efficiency", is exempt from this rule.
B. Section G2415.12 (404.10) Minimum Burial Depth. 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.
C. Section M1402 Central Furnaces.
i. Ml402.1 General- Oil-fired central furnaces shall conform to ANSI/UL 727. Electric furnaces shall conform to UL 1995 or UL/CSA 60335-2-40.
D. Section M1403 Heat Pump Equipment
i. Ml403. I Heat pumps- Electric heat pumps shall be listed and labeled in accordance with UL 1995 or UL/CSA 60335-2-40.
E. Section Ml412 Absorption Cooling Equipment
F. Ml412.I 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.
G. Section M1413 Evaporative Cooling Equipment
i. Ml413. I 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:
H. Chapter 44 Referenced standards
i. 4401.3 Referenced standard list - See table 2
(9) Section R311.7.5 Stair Treads and Risers
A. Section R311.7.5 Stair Treads and Risers
i. 311.7.5.1 Riser Heights -- The maximum riser height shall be eight and one-quarter (8 ¼) inches.
ii. 311.7.5.2 Tread Depth -- The minimum tread depth shall be nine (9) inches.
(10) Section R403.1.7.1: Building Clearances from Ascending Slopes is not applicable to this rule.
(11) Section R403.1.7.2: Footings Setbacks from Descending Slope Surfaces is not applicable to this rule.
(12) The 2017 ICC/ANSI All7.I American National Standards for Accessibility & Usable Buildings & Facilities.
(13) The 2018 International Existing Building Code, with the following exception:
A. Omit reference to International Fire Code and substitute NFPA Life Safety Code 2018 edition.
(14) The 2020 edition of the National Electrical Code, NFPA 70, with the following exception:
A. Section 210.8(F) GFCI Protection shall not be required on all new mini-split heating/ventilation/airconditioning (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 NC units until January 1, 2023.
B. 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 renovation in one- and two-family homes where square footage is added but no electrical service is installed, arc-fault circuit interrupter (AFCI) protection shall not be required.
(15) The 2018 edition of the International Swimming Pool and Spa Code.
(16) Wherever referenced in the several ICC codes adopted in this section, any reference to the International Fire Code should be substituted with the NFPA Life Safety Code 2021 edition.
(17) Whenever a certificate of occupancy is required of a commercial structure greater in size than 7,600 feet, the project documents shall be designed by an Architect licensed by the WV Board of Architects, or a Professional Engineer licensed by the WV State Board of Registration for Professional Engineers. (Ord. 2022-06. Passed 7-19-22.)