1721.01  ADOPTION OF STANDARDS.
   (a)   General
      (1)   Short title. The Building Code shall be known as of the Building Code of the Town of Fayetteville.
      (2)   Definitions.  The following terms, wherever appearing in the Building Code, shall have the meanings respectively ascribed to them by this subsection:
         A.   “Building code” or “building codes” shall mean the building code or building code and the rules and regulations thereunder adopted under this article.
         B.   “Code Official” means the person designated by the Town Council to administer and enforce the provisions of the building code or building codes of the Town of Fayetteville.
         C.   “Property Maintenance Inspector” means any person employed or contracted by the Town of Fayetteville who has been delegated the authority from the Code Official to conduct property maintenance inspections.
         D.   “Town” means the Town of Fayetteville, West Virginia.
         E.   “Town Council” means the common council of the Town.
      (3)   Purpose.  The purpose of the Building Code is to promote the health, welfare, safety, and sanitation of the Town and its citizens and to establish minimum standards for the construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of buildings and structures and the service equipment, apparatus and installation, as well as to license and regulate certain businesses and persons doing work or providing services and materials in connection therewith.
      (4)   Adoption.  The Building Code shall be enforceable on and after the date of adoption by the Town Council.
      (5)   Where filed and available to the public.  The Building Code, the Town of Fayetteville Building Department Administrative Manual, if any, and any rules or regulations under the Building Code shall be filed in the office of the Town Clerk, where it, as amended, shall be made available to the public for inspection and use during all regular business hours
      (6)   Applicability.  The building code shall be applicable within the municipal limits of the Town. 
      (7)   Administrative manual; forms.
         A.   To provide administrative and enforcement procedures and otherwise implementing the provisions of the State Building Code, and for the additional purpose of prescribing certain other regulations governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and the service equipment, apparatus and installation, as well as to license and regulate certain businesses and persons doing work or providing services and materials in connection therewith, the Code Official may, upon approval by the Town Council, prepare a “Town of Fayetteville Building Department Administrative Manual”  relating to the enforcement and administration of this article.
         B.   The Code Official shall prepare and implement procedures and forms as circumstances require and as they deem reasonable and necessary to enforce the Building Code.
      (8)   Non-liability of town employees.  Pursuant to the laws of the State of West Virginia, no officer, agent or employee of the Town shall be personally liable for damages arising from their lawful performance of their duties under this article.
      (9)   Severability.  If any portion, term, provision or part of this article or of any building code is deemed or adjudged by a court of competent jurisdiction to be invalid or unenforceable under any superior authority, then only that portion, term, provision or part of this article shall be invalid or unenforceable to the extent adjudicated and shall not vitiate or affect the validity or enforceability of the remaining article. (Ord. 2011-1.  Passed 1-6-11.)
   (b)   Building Code.
      (1)   Adoption of State Building Code.
         A.   There is adopted the State Building Code or codes as authorized by West Virginia Code § 8-12-13 and promulgated pursuant to West Virginia Code §29-3-5(b), and as effective August 1, 2020, by the West Virginia State Fire Commission, in Title 87 of the Code of State Rules §87-4-1 et seq., State Building Code specifically known as the 2015 edition, International Building Code, with all the exceptions and amendments delineated in the Code of State Rules Title 87, Legislative Rule, State Fire Commission, Series 4, State Building Code to have the same force and effect as if set out verbatim in this article.
            The Town, further adopts each and every national code and standard listed in the aforesaid referenced Section of the Code of State Rules, including all of the exceptions and amendments delineated therein, to have the same force and effect as if set out verbatim in this article.
            This subsection (b)(1)A. shall become effective on the 1st day of August, 2020.
            By operation of 87CSR 4, this subsection (b)(1)A. will terminate on August 1, 2025.
            (Passed 8-6-20.)
         B.   The Council reserves the right to amend by ordinance those provisions of the adopted code as permitted by West Virginia law or to adopt the appendices of the Code(s) hereby adopted as the Council deems appropriate.
            (Ord. 2011-1. Passed 1-6-11.)
         C.   Nothing in this article hereby adopted shall be construed to affect any civil action, suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause of action acquired or existing, under any provisions hereby repealed; nor shall any right or remedy of any character be lost, impaired or affected by this article.
      (2)   Conflicts of law; construction.  If any provision of the Building Code, including any rule or regulation thereunder, conflicts with any provision of the Town's charter, other Town ordinances or with any provision of State law or any rule or regulation thereunder and in effect, the more stringent provision shall prevail if it is not inconsistent with the laws of the State of West Virginia and is not contrary to recognized standards and good building or engineering practices. 
      (3)   Administration and enforcement.  The primary responsibility for the administration and enforcement of the Town Building Code is vested in the Code Official, with the cooperation of the Chief of Police, Fire Chief and other Town officers, each within the scope of their official duties. The Town Council may designate the Zoning Officer, the Chief of Police or any employee of the Police Department as the Code Official or to assist the Code Official.
      (4)   Construction with respect to fire prevention code and with standard for gas piping and appliance venting.  The adoption of the Building Code shall not be construed to affect or repeal any provisions of the Fire Prevention Code nor be construed as permitting a standard for gas piping and appliance venting on a customer's premises less than now or hereafter required by any natural gas utility.
      (5)   Inspections; right of entry; violations; and penalty
         A.   It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, demolish, convert, equip, use, or occupy or maintain any building or structure within the municipal limits of the Town contrary to or in violation of any provisions of the Building Code, or cause, permit or suffer any such violations to be committed.
         B.   Any person who shall violate or fail to comply with any of the provisions of this article shall be deemed guilty of a separate offense for each day or portion of a day during which the offense is committed, continued or permitted; and upon conviction of any such violation or noncompliance, such person shall be punishable by a fine of not more than $200.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment: Provided, that, if the penalty prescribed in any of the adopted state codes conflicts, the more stringent penalties shall be imposed.
         C.   Upon presentation of proper credentials, the Code Official, the Property Maintenance Inspector or their assistants or designees, may, where permission is granted, enter at reasonable times any building, structure or premises within the municipal limits of the Town to perform any duty imposed on them by the Building Code. If any owner, occupant or other person in charge of a building subject to the provisions of the Building Code, fails or refuses to permit free access and entry to the structure or premises under their control, or any part of such structure or premises, the Code Official, the Property Maintenance Inspector or their assistant or other designee, may apply to the Municipal Judge for a warrant of search to conduct an inspection. A warrant of search to conduct an inspection shall not be issued except upon probable cause as provided by Section 6 of Article III of the Constitution of the State of West Virginia.
      (6)   Reporting.  The Chief of Police and the Chief of the Fire Department shall refer to the Code Official in writing all violations of the provisions of this article that come to their attention in the course of their regular duties, and such references shall have the effect of a written complaint as set forth in  this article. Any person may refer to the Code Official in writing or otherwise all violations of the provisions of this article that come to their attention.
      (7)   Orders to correct substandard conditions.
         A.   For purposes of this subsection "substandard" means the failure to meet the minimum regulations governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use.
         B.   Whenever the Code Official or any of his or her assistants or designees determines by inspection that any building, structure or lot as set out in this article is substandard in accordance with the provisions of the Building Code, he shall issue an order in writing to the owner, occupant or person in charge of the premises concerned. Such order shall be served in accordance with the laws of the state concerning service of process in civil actions and shall, in addition, be posted in a conspicuous place on the premises affected by such order. The designated time periods shall begin as of the date the owner, occupant or person in charge of the premises is deemed to be served under the laws of the state concerning service of process in civil actions. The order shall set out the date of the inspection and by whom made, the substandard conditions found, in reasonable detail, and shall order specific corrective measures and give a date by which time such corrective measures shall be completed. The order shall require the owner, occupant or person in charge of the premises to comply with the order for corrective measures by the time allotted, which shall be at the discretion of the Code Official,  but shall, in no case, be less than ten days, or to file and appeal with the Board of Appeals within twenty (20) days; however, whenever the Code Official finds that any emergency exists which, in his opinion, may involve the potential loss of life or severe property damage, he may issue an order reciting the existence of such an emergency and requiring that such an action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, if such an emergency order is directed, the person being served shall be afforded a hearing before the appeals board upon petition to the Appeals Board; but if no such petition is filed within 24 hours of that person's being served with such an emergency order, the person to whom such an emergency order is directed shall comply with such order by the end of such 24-hour period.
      (8)   Duties of owners.  The owner of any property subject to the provisions of this article shall, upon receipt of the any order issued by the Code Official or the Town, correct the deficiencies noted in the time stipulated, or  appear before the Code Official and show cause why he cannot or ought not comply with such order; and any owner who shall fail to do so shall, upon the expiration of the time allotted, be deemed to be maintaining a nuisance, which shall constitute a violation of the provisions of this article.
(9)   Board of Appeals.
         A.   Any person directly affected by a decision of the Code Official or a notice or order issued under this article shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within twenty (20) days after the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of the code or the rules has been incorrectly interpreted, the provisions of the code do not fully apply, or the requirements of the code are adequately satisfied by other means, or that the strict application of any requirement of the code would cause an undue hardship.
         B.   The Mayor shall appoint upon confirmation by the Town Council a Board of Appeals that shall comprise no more and no fewer than five persons with expertise or special knowledge in one or more of: construction; structural engineering; architecture; electrical, mechanical or plumbing engineering experience; fire protection; or life protection.
         C.   Time of appeal.  The board shall meet upon twenty (20) days written notice of an appeal or at stated periodic meetings. The Board of Appeals shall render a decision within 30 days of receipt of appeal. The Code Official shall take immediate action in accordance with the decision of the Board of Appeals unless he appeals to circuit court for a writ of certiorari to correct errors of law.
         D.   Circuit court review.  Any person aggrieved by a final decision by the Board of Appeals, may apply to the Circuit Court of Fayette County for relief: Provided; that, all appeals must be filed within 30 days of entry of the final decision by the Board of Appeals or else jurisdiction shall not obtain.
         E.   Open hearing. All hearings before the board shall be open to the public.
      (10)   Assistants and employees.  The Code Official shall have such assistants, inspectors and other employees or independent contractors as the Town Council may direct and shall allocate funds for. Such persons shall perform such duties and have such powers as the Code Officia1 may direct.
         (Passed 7-6-06.)
   (c)   It is mandatory that all rules, regulations and orders promulgated by the State Fire Marshal pursuant to West Virginia Code 29-3-12 be complied with.