1705.01 ADOPTION.
   (a)   There is adopted, by reference, for the purpose of establishing rules and regulations, the State Building Code as promulgated by the West Virginia State Fire Commission pursuant to West Virginia Code 29-3-5b and the provisions thereof shall be controlling within the corporate limits of the Village of Barboursville under West Virginia; Title 87 Series 4 specifically including W.Va. Code R. 87-4-5 "Fire Protection of Floors". 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)   The standards and requirements as set out and as published by the International Code Council Inc., as listed below, shall have the same force and effect as if set out verbatim in this section.
   (c)   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.
   (d)   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.
   (e)   The standards and requirements as set out and as published by the International Code Council and the American National Standards Institute as listed below shall have the same force and effect as if set out verbatim in this Section., except that any and all references to the ICC National Electric Code mean NFPA 70, National Electric Code/2005.
      (1)    The 2012 International Building Code, with the following exceptions:
         A.   Section 104.4.5 Fire Prevention is deleted
         B.   Subsection 113.3 Board of Appeals Qualifications is deleted and replaced with:
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.
      (2)    The 2012 International Plumbing Code
      (3)    The 2012 International Mechanical Code
      (4)    The 2012 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 2012 International Property Maintenance Code.
      (6)    The 2009 International Energy Conservation Code for residential buildings. Provided that this does not become effective until November 30, 2013.
      (7)    The 2007 ANSI/ASHRAE/IESNA Standard 90.1 for commercial buildings.
      (8)    The 2009 International Residential Code for One and Two Family Dwellings, with the following exceptions:
         A.   Chapter 11. Energy Efficiency. Is deleted.
         B.   Section G2415.1 0. Minimum Burial Depth. Underground piping systems shall be installed a minimum depth of 12 inches. If the minimum depth cannot be maintained, the piping system shall be installed in conduit or shielded in an approved manner.
         C.   Section R303.5.1 Light Activation: DELETE & REPLACE WITH: The control for activation of the required interior stairway lighting shall be accessible at the top and bottom of each stairway without traversing any steps. The illumination of exterior stairways shall be controlled from inside the dwelling unit. EXCEPTIONS:
            1.    Lights that are continuously illuminated or automatically controlled.
            2.    Interior stairways consisting of less than three steps.
         D.   Section R311.3.1 Floor Elevations at Required Egress Doors: DELETE & REPLACE WITH: Where a stairway of two or fewer risers is located on the exterior side of a door, other than the required exit door, a landing is not required for the exterior side of the door.
         E.   Section R311.7.4.1 Riser Height: DELETE & REPLACE WITH: The maximum riser height shall be eight and one-quarter (8 }4) inches.
         F.   Section R311.7.4. Stair Treads and Risers.
Section 311.7.4.1. Riser Heights- The maximum riser height shall be eight and one half (8 /2) inches.
      Section 311.7.4.2. Tread Depth- The minimum tread depth shall be nine (9) inches.
         G.   Section R403.1.7.1. Building Clearances From Ascending Slopes is not applicable.
         H.   Section R403.1.7.2. Footings Setback From Descending Slope Surfaces is not applicable.
         I.   Section 5.1. Fire Protection of Floors in Residential Buildings. 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 crawl space containing a fuel burning appliance below the first floor, shall provide a method for fire protection of floors of 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. Alternatively, floor fire protection may be provided with 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. If the flooring does not meet the requirements of this section, the dwelling must contain an Automatic Fire Sprinkler System as set forth on Section R313.2 of the 2009 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 R313.2 of the 2009 edition of the International Residential Code for One and Two Family Dwellings are exempt from this requirement.
      (9)    The 2009 ICC/ANSI A117.1. American National Standards for Accessibility & Usable Buildings & Facilities.
      (10)    The 2012 International Existing Building Code, with the following exception:
         A.   Section 4.1.k.1. Omit reference to the International Fire Code and substitute NFPA 1 01/Life Safety Code.
      (11)    The 2011 NFPA 70/ National Electric Code
      
   (f)   Exceptions. The following structures are not subject to inspection by local jurisdictions: Group U utility structures and storage sheds comprising an area of not more than 200 sq. ft. which have no plumbing or electrical connections and are used only for residential storage purposes. 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.
   (g)   Adoption: Upon approval of this ordinance by the Council of the Village of Barboursville, a copy of the ordinance shall be forwarded to the State Fire Commission, Office of the State Fire Marshal, 1207 Quarrier St., 2nd Floor, Charleston, WV 25301, within 30 days of adoption.
   (h)   The building codes previously adopted by the Village of Barboursville are null and void.  (Ord. 2014-05.  Passed 6-3-14.)