(a) There is adopted by reference, for the purpose of establishing rules and regulations, the West Virginia State Building Code as promulgated by the West Virginia State Fire Commission pursuant to West Va. Code 29-3-5(b) and the provisions thereof shall be controlling within the corporate limits of Fayetteville. One copy of the code, certified by the Fayette County Commission, shall be maintained on file in the office of the Fayette County Clerk, and shall be available to the public for inspection and use during all regular business hours.
(b) Any existing Town 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 West Virginia and is not contrary to recognized standards and good engineering practices.
(c) Any existing Town ordinance that is less stringent or imposes a lower standard than is required by the above referenced codes is hereby amended to comply therewith.
(d) The standards and requirements as set out and as published by the International Code Council and American Standards Institute, as listed below, shall have the same force and effect as set out verbatim in this section, except that any and all references to ICC Electrical Code means NFPA 70, National Electric Code/2008.
(1) The 2009 edition, International Building Code, First Printing, Appendix G, Flood Resistant Construction, 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 part of the rule.
B. The Board of Appeals shall be appointed by the Fayette County Commission and shall be the same Board of Appeals utilized by Fayette County.
(2) The 2009 edition of the International Plumbing Code, First Printing.
(3) The 2009 edition of the International Mechanical Code, First Printing.
(4) The 2009 edition of the International Fuel Gas Code, First Printing with the following exception: 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 2003 edition of the International Energy Conservation Code, Fifth Printing.
(6) The 2009 edition of the International Residential Code for One and Two Family Dwellings, First Printing, Appendix E Manufactured Housing Used as a Dwelling, with exceptions:
A. Section G2415.10 (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.
B. Section R303.6.1 Light Activation: The control for activation of the required interior stairway lighting shall be accessible at the top and bottom of each stairway without traveling any steps. The illumination of exterior stairways shall be controlled from inside the dwelling units. Exceptions: 1. Lights that are continuously illuminated or automatically controlled. 2. Interior stairways consisting of less than three steps.
C. Section R311.3.1 Landings at doors, where a stairway of two or fewer risers is located on the exterior side of door, other than the required exit door, a landing is not required for the exterior side of the door.
D. Section R311.7.4 Stair Treads and Risers: 311.7.4.1 Riser Heights - the maximum riser height shall be eight and one-quarter (8 1/4) inches. 311.7.4.2. Tread Depth - The minimum tread depth shall be nine (9) inches.
E. Section R313: Automatic Fire Sprinkler Systems, in its entirety, is specifically excluded from the scope of this rule series.
F. Section R403.1.7.1: Building Clearances From Ascending Slopes is not applicable to this rule.
G. Section 403.1.7.2: Footing Setbacks From Descending Slope Descending Slope Surfaces is not applicable to this rule.
H. Chapter 11 entitled Energy Efficiency, is deleted and not considered to be part of this rule.
(7) The 2003 ICC/ANSI A117.1 American National Standard for Accessibility & Usable Building & Facilities, First Printing.
(8) The 2009 International Existing Building Code, First Printing, with the following exception:
A. Omit reference to International Fire Code and substitute NFPA Life Safety Code 2009 Edition.
(9) The 2008 edition of the National Electric Code NFPA 70.
(10) The following structures are not subjected to inspection by local jurisdictions:
A. Group U utility structures and storage shed comprising an area not more than 150 square feet which have no plumbing or electrical connections and are used only for residential storage purposes. (examples include sheds that are for residential storage of lawnmowers, 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 storage of explosives or other hazardous explosive materials.
A copy of the codes listed herein is on file with the Secretary of State and the Fayetteville Building Safety Department. These code books, collectively or separately, may be obtained by contacting the publisher.
(11) Amendments. The State Building Code is hereby amended as follows:
A. International Residential Code 2009.
Section R101.1 Insert “the Town of Fayetteville”.
Table R301.2(1) Insert:
“Roof Snow Load - 30 psf.
“Wind Speed - 90 mph. Figure R301.2(4)
“Seismic Design Category - C. Figure R301.2(2)
“Weathering - Severe. Figure R301.2(3)
“Frost Line Depth - 24 inches
“Termite - Moderate to Heavy
“Decay - Slight to Moderate Figure R301.2(7)
“Winter Design Temperature - 11 Degree
“Ice Shield Underlayment - Yes
“Flood Hazard - as noted in the Floodplain District Ordinance September 03, 2010 and FIRM 2010.
“Air Freezing Index 500 Figure R403.3(2) IRC page 75.
(12) Unlawful acts; penalty; injunctive relief upon violation.
A. Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let another to occupy, or permit another person to occupy any premises, property, structure, or equipment regulated by the Town of Fayetteville Building Code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of the code, or fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of the code.
B. Penalty. A person who shall violate a provision of the Fayetteville Building Code upon conviction thereof, be subject to a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
C. Injunction. In the case of any unlawful acts, the Town Council or such person as the Town Council may designate is hereby authorized and empowered to institute and maintain a suit to restrain by injunction the violation of the Building Code notwithstanding the penalty of the violation thereof.
(13) Conflicts.
A. Whenever there arises a conflict between the State Fire Code and the State Building Code, the State Fire Code shall take precedence.
B. Whenever there arises a conflict between the International Plumbing Code portion of the State Building Code and the rules of the West Virginia State Department of Health and Human Resources, the rules of the Department of Health and Human Resources shall take precedence.
C. Whenever there arises a conflict between the State Building Code and statutory laws of the State of West Virginia, the West Virginia Code shall take precedence.
D. In the event that any provision of the State Building Code conflicts with any provisions of the electrical code adopted in this chapter, and such conflicting provisions relate to electrical work, the applicable provisions of the electrical code shall prevail.
(Ord. 2013-1. Passed 6-6-13.)
CODIFIED ORDINANCES OF FAYETTEVILLE