There is hereby adopted by Council, the State Building Code as promulgated by the West Virginia State Fire Commission pursuant to West Virginia Code 29-3-5b and the provisions of Legislative Rule Title 87 Series 4 filed on May 5, 2022 which consists of the standards and requirements as set out and as published by the International Code Council, the American National Standards Institute, and the National Fire Protection Association as listed below, and shall have the same force and effect as if set out verbatim in this rule, except all references to the ICC Electrical Code mean NFPA 70, the 2020 National Electric Code. Wherever referenced in several ICC codes adopted below, any reference to the International Fire Code should be substituted with NFPA Life Safety Code 2018 edition.
(a) The 2018 International Building Code, with the following exceptions:
(1) 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.
(2) Further provided that the entire subsection entitled “Qualifications” and identified as Section 113.3 is deleted n 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, 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.
(b) The 2018 edition of the International Plumbing Code.
(c) 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:
4.1.c.1. See International Mechanical Code, Section 908, Cooling Towers, Evaporative Condensers and Fluid Coolers.
4.1.c.1.a. 908.1 General – A cooling tower used in conjunction with an air-conditioning appliance shall be installed in accordance with the manufacturer’s instruction. Factory-built cooling towers shall be listed in accordance with UL 1995 or UL/CAS60335-2-40.
4.1.c.1.B. Section 916 Pool and Spa Heaters
4.1.c.1.B.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.
4.1.c.1.B.1.(a). Exception: Portable residential spa and portable residential exercise spas shall comply with UL 1563 or CSA C22.2 No. 218.1.
4.1.c.1.C. Section 918 Forced-Air Warm-Air Furnaces
4.1.c.1.C.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 UL391. Forced-air furnaces shall be installed in accordance with the listings and the manufacturer’s instructions.
4.1.c.1.C.2. 1918.2 Heat Pumps – Electric heat pumps shall be tested in accordance with UL 1995 or UL/CSA 60335-2-40.
4.1.c.1.D. Section 1101 General
4.1.c.1.D.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.
4.1.c.1.D.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.
4.1.c.1.E Chapter 15 REFERENCED STANDARDS
4.1.c.1.E.1. 1501.3 Referenced Standards – See Table 1
ASHRAE | ASHRAE 1791 Tullie Circle, NE Atlanta, GA 30329 |
Standard Reference Number | Title |
15-2019 | Safety Standard for Refrigeration Systems |
34-2019 | Designation and Safety Classification of Refrigerants |
CSA C22.2 No. 60335-2-40-19 | Household and Similar Electrical Appliances – Safety – Part 2-40: Particular Requirements for Electrical heat Pumps, Air-Condition and Dehumidifiers – 3rd Edition |
CSA C22.2 No. 60335-2-89-21 | Household and Similar Electrical Appliances – Safety – Part 2-89: Particular Requirements for Commercial Refrigerating Appliances with an Incorporated or Remote Refrigerant Unit or Compressor |
Table 1
UL | UL LLC 333 Pfingsten Road Northbrook, IL 60062-2096 |
Standard Reference Number | Title |
UL/CSA 60335-2-40-19 | Household and Similar Electrical Appliances – Safety – Part 2-40: Particular Requirements for electrical Heat Pumps, air-Conditioners and Dehumidifies – 3rd Edition |
UL/CSA 60335-2-89-21 | Household and Similar electrical Appliances – Safety – Part 2-89: Particular Requirements for Commercial Refrigerating Appliances with an Incorporated or Remote Refrigerant Unit or Compressor |
4.1.d. The 2018 edition of the International Gas Code, with the following exception:
4.1.d.1. 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 systemshall be installed in conduit or shielded in an approved manner.
4.1.e. The 2018 edition of the International Property Maintenance Code.
4.1.f. The 2015 editions of the International Energy Conservation code for residential buildings, with the following exception:
4.1.f.1. 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.
4.1.g. The ANSI/ASHRAE/IESNA Standard 90.1 2013 edition for commercial buildings.
4.1.g.1. 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.
4.1.h. The 2018 edition of the International Residential Code for One-and Two-Family Dwellings, with the following exceptions:
4.1.h.1. 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.
4.1.h.2 Section G2415.12 (404.10) Minimum Burial Depth. Underground piping systems shall be installed a minimum depth 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.
4.1.h.3. Section M1402 Central Furnaces.
4.1.h.3.A. M1402.1 General – Oil fired central furnaces shall conform toANSI/UL 727. Electric furnace shall conform to UL 1995 or UL/CSA 60335-2-40.
4.1.h.3.B Section M1403 Heat Pump Equipment
4.1.h.3.B.1. M1403.1 Heat Pumps – Electric heat pumps shall be listed and labeled in accordance with UL 1995 or UL/CSA60335-2-40.
4.1.h.3.C. Section M1412 Absorption Cooling Equipment
4.1.h.3.C.1. M1412.1 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.
4.1.h.3.D. Section M1413 Evaporative Cooling Equipment
4.1.h.3.D.1 M1413.1 General – Evaporative cooling equipment and appliances shall comply with U/ 1995 or UL/CSA 60335-2-40 and shall be installed in accordance with 4401.3 Referenced standard list:
4.1.h.3.E. Chapter 44 Referenced standards
4.1.h.3.E.1 4401.3 Referenced standard list – See table 2
ASHRAE | ASHRAE 1791 Tullie Circle NE Atlanta, GA 30329 |
Standard reference | Title |
Table 2 | |
Standard referenced | Title |
CAN/CSA/C22.2 No. 60335-2-40-2019 | Safety of Household and Similar Electric Appliances, Part 2-40: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers-3rd edition |
UL | UL LLC 333 Pfingsten Road Northbrook. IL 60062 |
Standard reference | Title |
1995-2015 | Heating and Cooling Equipment |
UL/CSA/2-40-2019 | 60335-Safety of Household and Similar Electrical Appliances, Part 2-40: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers-3rd Edition |
4.1.i. Section R311.7.5 Stair Treads and Risers
4.1.i.1. 311.7.5.1 Riser Heights – the maximum riser height shall be eight and one-quarter (8 ¼) inches.
4.1.i.2. 311.7.5.2 Tread Depth – the maximum tread depth shall be nine (9) inches.
4.1.j. Section R403.1.7.1: Building Clearances from Ascending Slopes is not applicable to this rule.
4.1.k. Section R403.1.7.2: Footing Setbacks from Descending Slope Surfaces is not applicable to this rule.
4.1.l. The 2017 ICC/ANSI A117.1 American National Standards for Accessibility & Usable Buildings & Facilities.
4.1.1.1. The 2018 International Existing Building code, with the following exception:
4.1.1.2. Omit reference to International Fire Code and substitute NFPA Life Safety Code 2018 edition.
4.1.m. The Edition of the National Electrical Code, NFPA 70 , with the following exception:
4.1.m.1. Section 210.8(F) GFCI Protection shall not be required on all new minisplit heating/ventilation/air-conditioning (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 A/C units until January 1, 2023.
4.1.m.2. 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.
4.1.n. The 2018 edition of the International Swimming Pool and Spa Code.
4.2 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.
4.3 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.
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 One and Two Family Dwellings containing a crawl space containing a fuel burning appliance below the first floor, shall provide a method of fire protection of floors: (1) A ½ inch (12.7 mm) gypsum wall board membrane, 5/8 inch (16 mm) wood structural 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 (50.8mm 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 R. 313.2 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 R313.2 or R. 313.2 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 R302.2will be treated as New One and Two Family Dwellings and shall comply with Section 5.0 above.
87-4-7 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. ft. 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 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 the storage of explosives or other hazardous and explosive materials.
(d) Availability of Code Books. A copy of the codes listed is on file with the Secretary of State and with the City of Martinsburg Planning Department, 208 Viking Way, WV 25401. These code books, collectively or separately, may be obtained by contacting the International Code Council, 4051 West Flossmoor Rd., Country Club Hills, IL 60478-5795, 1-888-422- 7233, or the ICC Store, 1-800-786-4452.
(e) Amendments. The State Building Code, City of Martinsburg inserts are as follows:
(1) International Building Code 2018
Section 101.1, insert: Martinsburg, West Virginia
Section 1612.3, inserts: (Berkeley County, West Virginia and Incorporated Areas) and (July 7, 2009)
The City of Martinsburg hereby adopts the following IBC 2018 appendices:
Appendix C: Group U – Agricultural Buildings
Appendix E: Supplementary Accessibility Requirements
Appendix F: Rodent Proofing
Appendix G: Flood-Resistant Construction
Section G102.2, insert: July 7, 2009
Appendix H: Signs
Appendix I: Patio Covers
Appendix J: Grading
(2) International Residential Code 2018
Section R101.1, insert: Martinsburg, West Virginia
Table R301.2 (1), inserts: Ground snow load: 35 psf live load
(equivalent)
Wind speed: 115 mph-3 second gust
Topographic Effects: No
Special Wind Region: No
Wind-borne Debris Zone: 1
Seismic Design Category: A
Weathering: Severe
Frost Line Depth: 30 inches
Termite: Yes
Winter Design Temp: 10 degrees Ice
Barrier Underlayment: Yes
Flood Hazards: (a) June 1979 (NFIP entry)
(b) 7/7/09 (Current FIS)
(c) FIRM Map 54003CIND0A
Effective date 7/7/09
Air Freezing Index: 1000
Mean Annual Temp: 50
Section P2603.5.1, insert: 24 inches (two locations)
The City of Martinsburg hereby adopts the following IRC 2018 appendices:
Appendix A: Sizing and Capacities of Gas Piping
Appendix E: Manufactured Housing Used as Dwellings
Appendix F: Radon Control Methods
Appendix G: Piping Standards for Various Applications
Appendix H: Patio Covers
Appendix K: Sound Transmission
Appendix M: Home Day Care R-3 Occupancy
Appendix Q: Tiny Houses
Appendix R: Light Straw-Clay Construction
Appendix S: Strawbale Construction
Appendix T: Solar-Ready Provisions – Detached One and Two Family
Dwellings, Multiple Single Family Dwellings (Townhouses)
(3) International Existing Buildings Code 2018
Section 101.1, insert: Martinsburg, West Virginia
The City of Martinsburg hereby adopts the following IEBC 2018 appendix:
Appendix B: Supplementary Accessibility Requirements for Existing Buildings and Facilities
(4) International Plumbing Code 2018
Section 101.0, insert: Martinsburg, West Virginia
Section 106.6.2, insert: Article 1761 of Martinsburg Codified Ordinances
Section 106.6.3.2, insert: fifty percent (50%)
Section 106.6.3.3, insert: fifty percent (50%)
Section 108.4, insert: strict liability offense; three hundred (300); ten (10) days
Section 108.5, insert: one hundred (100); three hundred (300)
Section 305.4.1, insert: 24 inches (two locations)
Section 903.1, insert: 12 inches
The City of Martinsburg hereby adopts the following IPC 2018 appendices:
Appendix C: Structural Safety
Appendix D: Degree Day and Design Temperatures
Appendix E: Sizing of Water Pipe Systems
(5) International Mechanical Code 2018
Section 101.1, insert: Martinsburg, West Virginia
Section 106.5.2, insert: Article 1761 of Martinsburg Codified Ordinances
Section 106.5.3.2, insert: fifty percent (50%)
Section 106.5.3.3, insert: fifty percent (50%)
Section 108.4, insert: strict liability offense; three hundred (300); ten (10) days
Section 108.5, insert: one hundred (100); three hundred (300)
The City of Martinsburg hereby adopts the following IMC 2018 appendix:
Appendix A: Chimney Connector Pass-Throughs
(6) International Fuel Gas Code 2018
Section 101.1, insert: Martinsburg, West Virginia
Section 106.6.2, insert: Article 1761 of Martinsburg Codified Ordinances
Section 106.6.3.2, insert: fifty percent (50%)
Section 106.6.3.3, insert: fifty percent (50%)
Section 108.4, insert: strict liability offense; three hundred (300); ten (10) days
Section 108.5, insert: one hundred (100); three hundred (300)
The City of Martinsburg hereby adopts the following IFGC 2018 appendices:
Appendix A: Sizing and Capacities of Gas Piping (IFGS)
Appendix B: Sizing of Vent Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use with Type B Vents (IFGS)
Appendix C: Exit Terminals of Mechanical Draft Systems and Direct-Vent Venting Systems (IFGS)
Appendix D: Recommended Procedure for Safety Inspection of an Existing Appliance Installation (IFGS)
(7) International Property Maintenance Code 2018
Section 101.1, insert: Martinsburg, WestVirginia
Section 112.4, insert: one hundred (100); three hundred (300)
Section 302.4, insert: 10 inches
Section 304.14, insert: April 1 to October 1
Section 602.3, insert: October 1 to April 1
Section 602.4, insert: October 1 to April 1
The City of Martinsburg hereby adopts the following IPMC 2018 appendix:
Appendix A: Boarding Standard
(8) International Energy Conservation Code 2015
Section 101.1 insert: Martinsburg, WestVirginia
The City of Martinsburg hereby adopts the following IECC 2015 appendix:
Appendix RB: Solar-Ready Provisions – Detached One and Two Family Dwellings, Multiple Single Family Dwellings (Townhouses)
(9) NFPA 70
The adoption of the State Building Code by the City of Martinsburg includes the adoption of NFPA 70, National Electric Code 2020, The annexes are explanatory and do not require adoption.
(f) Severability. Be it further ordained that if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Martinsburg City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
(Ord. 2022-11. Passed 7-14-22.)