There are hereby adopted and incorporated by reference herein the following portions of the State Building Code, as published by the International Code Council ("ICC"), to be known as the Building Code of the City of New Martinsville, West Virginia, for the purpose of regulating construction, alteration, addition, removal and demolition of buildings and structures, together with the additions and amendments hereinafter provided:
(a) The 2015 edition, International Building Code, with the following exceptions and additions:
(i) The section entitled "Fire Prevention" and identified as Section 101.4.5 is deleted and not considered to be a part of this section.
(ii) The entire subsection entitled "Qualifications" and identified as Section 113.3 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, 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."
(iii) The following appendices are applicable:
Appendix E - Supplementary Accessibility Requirements; and
Appendix H - Signs.
(b) The 2015 edition of the International Plumbing Code
(c) The 2015 edition of the International Mechanical Code
(d) The 2015 edition of the International Fuel Gas Code, with the following exception:
(i) 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.
(e) The 2015 edition of the International Property Maintenance Code, with the following exceptions and additions:
(i) 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."
(ii) The following appendix is applicable:
Appendix A - Boarding standards.
(f) The 2009 edition of the International Energy Conservation Code for residential buildings.
(g) The ANSI/ASHRAE/IESNA Standard 90.1-2007 edition for commercial buildings. For purposes of this section. ANSI' means American National Standards Institute:
"ASHRAE" means American Society of Heating, Refrigerating, and Air-Conditioning Engineers: and "IESNA" means Illuminating Engineering Society of North America.
(h) The 2015 edition of the International Residential Code for One and Two Family Dwellings, with the following exceptions and additions:
(i) Chapter 11 of the 2015 edition of the International Residential Code for One and Two Family Dwellings, Seventh Printing, entitled Energy Efficiency," is exempt from this section.
(iii) Section G2415.12 (404.10) Minimum Burial Depth. 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.
(iv) Section R311.7.5 Stair Treads and Risers
(A) 311.7.5.1 Riser Heights -- The maximum riser height shall be eight and one-quarter (8 1/4) inches.
(B) 311.7.5.2 Tread Depth- The minimum tread depth shall be nine (9) inches.
(v) Section R403.1.7.1: Building Clearances From Ascending Slopes is not applicable to this section.
(vi) Section R403.1.7.2: Footings Setbacks From Descending Slope Surfaces is not applicable to this section.
(vii) Pursuant to Title 87, West Virginia Code of State Rule, Series 4, Section 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 one of the following methods for fire protection of floors: (1) A ½ 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; (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.
(viii) Pursuant to Title 87, West Virginia Code of State Rules, Series 4, Section 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 the referenced Section 5.1 immediately above.
(ix) The following appendices are applicable:
Appendix D - Safety inspections of existing appliances
Appendix E - Manufactured Housing used as Dwellings.
(i) The 2009 ICC/ANSI A117.1 American National Standards for Accessibility & Usable Buildings & Facilities
(j) The 2015 International Existing Building Code. with the following exception: (i) Omit reference to International Fire Code and substitute NFPA Life Safety Code 2015 edition.
(k) The 2014 edition of the National Electric Code, NFPA 70
(l) The 2015 edition of the International Swimming Pool and Spa Code
Wherever referenced in the several ICC codes adopted above, any reference to the International Fire Code should be substituted with the NFP Life Safety Code current edition. The State Building Code and its application within this City shall be subject to Legislative Rules adopted by the West Virginia State Fire Commission and authorized by the West Virginia Legislature.