1705.02 AMENDMENTS.
1. 2015 International Building Code -
Section 101.4.5- Fire Prevention is deleted and not considered to be part of this rule.
2. 2015 International Building Code -
Section 113.3- Qualifications 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, 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, Piping, Plumbing, Mechanical, or Fire Protection
Contractor."
3. 2015 International Plumbing Code
4. 2015 International Mechanical Code
5. 2015 International Fuel Gas Code -
Section 404.10 - Underground piping systems shall be installed a minimum depth of 12 inches (305mm) below grade. If the minimum depth cannot be maintained, the piping system shall be installed in conduit or shielded in an approved manner.
6. 2015 International Property Maintenance Code -
This code may be rejected at the opinion of the local jurisdiction provided that Section 110.3 Failure to Comply shall be modified as follows:
Unless authorized by W.Va. Code 8-12-16, or absent the express consent of the owner, if the owner of a premises fails to comply with a demolition order within the time prescribed, the legal counsel of the jurisdiction shall institute appropriate action in the Circuit Court of the County in which the property is located against the owner of the premises where the structure is or was located seeking an Order causing the structure to be demolished and removed. Thereafter, the local jurisdiction, through an available public agency or by contract or arrangement with private persons, shall demolish and remove the structure and the costs thereof, as well as all fees and costs incurred in the legal action, shall be a lien upon such real estate.
7. 2009 International Energy Conservation Code for residential Buildings
8. ANSI/ASHRAE/IESNA Standard 90.1-2007 for Commercial Buildings
9. 2015 International Residential Code
One and Two Family Dwellings Chapter 11 Energy Efficiency is exempt from this rule.
 
Section G2415.12 (404.10) Minimum Burial Depth.
Underground piping systems shall be installed a minimum depth of 12 inches (305mm) below grade. If the minimum depth cannot be maintained, the piping system shall be installed in conduit or shielded in an approved manner.
 
Section R311.7.5.1 Stair Riser Height - the maximum riser height shall be eight and one- quarter (8 1/4)inches.
 
Section R311.7.5.2 Stair Tread Depth - the maximum tread depth shall be nine (9) inches.
 
Section R403.1.7.1 Building Clearances from Ascending Slopes is not applicable to this rule.
 
Section R403.1. 7.2 Footings Setback from Descending Slope Surfaces is not applicable to this rule.
10. 2009 ICC/ANSI A117.1 American National Standards for Accessibility & Usable Buildings & Facilities
11. 2015 International Existing Building Code
Omit reference to International Fire Code and substituted NFPA Life Safety Code 2015 Edition.
12. 2014 National Electric Code NFPA 70
13. 2015 International Swimming Pool and Spa Code
West Virginia Code 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 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 ½ inch (12.7 mm) gypsum wall board membrane, 5/8 (16 mm) wood structure 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 of the 2015 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 of the 2015 edition of the International Residential Code for One and Two Family Dwellings are exempt from this requirement.
   5.2    Townhouses meeting the Fire Resistant Construction Standard R302.2 will be treated as New One and Two Family Dwellings and shall comply with Section 5.1 above.
West Virginia Code 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 feet 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 lawn mowers, 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.
West Virginia Code 87-4-7 Adoption by Local Jurisdiction
   7.1    Each local jurisdiction adopting the State Building Code shall notify the State Fire Commission in writing. The local jurisdiction shall send a copy of the ordinance or order to the State Fire Marshal, West Virginia State Fire Commission, 1207 Quarrier Street, 2nd Floor, Charleston, West Virginia 25301, within thirty (30) days of adoption.
   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.
   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 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 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 single appeals board for the entire "State Building Code."
   7.6    Each local jurisdiction adopting the State Building Code shall comply the requirements set forth in Title 87, Series 7 "Standards for the Certification and Continuing Education of Municipal, County, and Public Sector Building Code Officials, Building Code Inspectors and Plans Examiners."
   7.7    The local jurisdiction shall submit an annual report to the State Fire Commission indicating the number of employees in their respective code enforcement department, their job title, whether the employee is or is not certified by the State Fire Commission in their respective discipline, as well as a verification that the entity has adopted the current version of the State Building Code. The municipality, county or local governmental entity, shall also report what ICC codes are being enforced respectively.
   7.8    This annual report shall be filed with the State Fire Commission no later than the thirtieth day of June of each year.
   7.9    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.
West Virginia Code 87-4-8 Existing Building Codes
   8.1    All building codes previously adopted by local jurisdiction are null and void.
(Ord. 746. Passed 10-3-16.)