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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING CODE. Includes all aspects of safe building construction and mechanical operations and all safety aspects related thereto.
FIRE MARSHAL. The West Virginia State Fire Marshal and/or his or her designated representative.
ICC or INTERNATIONAL. Refers to International Code Council
LOCAL JURISDICTION. Municipal or county level government.
NFPA. National Fire Protection Association.
STATE BUILDING CODE. Refers to the entire contents of this chapter and the referenced national standards and codes.
STATE FIRE CODE. Refers to the entire contents of the State Fire Commission, State Fire Code, 87 C.S.R. 1, and the referenced standards and codes
(Prior Code, § 1711.02) (Ord. 20-6, passed 10-6-2020)
(A) Whenever there is a conflict between the State Fire Code and the State Building Code, the State Fire Code takes precedence.
(B) Whenever there is a conflict between the International Plumbing Code requirements of the State Building Code and the rules of the state’s Department of Health and Human Resources, the rules of the Department of Health and Human Resources take precedence.
(C) Whenever there is a conflict between the State Building Code and state laws, the laws of the state take precedence.
(Prior Code, § 1711.03) (Ord. 20-6, passed 10-6-2020)
STANDARD EXCAVATION AND GRADING CODE
(A) The 1975 edition of the Standard Excavation and Grading Code, as adopted by the Southern Building Code Congress International, Inc., is hereby enacted and adopted as law for the city to the same extent as if the same were duly set out and printed herein.
(B) Copies of such Code shall be on file in the office of the City Recorder for the inspection and use of the general public and sufficient additional copies of such Code shall be kept for distribution to the public on demand.
(Prior Code, § 1725.01) (Ord. 186, passed 3-15-1977)
ADMINISTRATION AND ENFORCEMENT
(A) The office of Building Inspector is hereby established, which shall be headed by the Building Inspector and shall have such other personnel as may from time to time be authorized by Council.
(B) The Building Inspector shall be appointed or designated by the Mayor, and he or she shall have the powers and perform the duties prescribed for him or her or for his or her office by the codified ordinances or other ordinances, resolutions or orders of Council, and as prescribed by the State Code for municipal officers charged with the administration and enforcement of building, plumbing, gas, electrical and other technical codes which municipalities are authorized to adopt pursuant to W. Va. Code 8-11-4.
(C) The Building Inspector may delegate powers to and require performance of duties by such deputies, assistants and other personnel as may from time to time be assigned or detailed to his or her office by the Mayor or Council.
(Prior Code, § 1705.01)
(A) The Building Inspector or his or her authorized representative shall receive all applications required to be submitted to him or her; make or cause to be made all inspections required to be made by him or her; and issue all permits and certificates required to be issued by him or her by the codified ordinances or by any technical code adopted by this Building Code. He or she shall examine premises for which permits have been issued and make necessary inspections to see that the provisions of law are complied with and that construction and other work is prosecuted safely. He or she shall enforce all provisions of the technical codes. He or she shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the technical codes and render written reports thereon. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he or she shall issue such notices or orders as may be necessary.
(B) Inspections required under the provisions of the technical codes shall be made by the Building Inspector or his or her duly authorized agents. The Building Inspector may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of any technical code shall be issued on such reports unless they are in writing and certified to by a responsible officer of such service.
(C) The Building Inspector shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered and of notices or orders issued. He or she shall retain on file copies of required plans and all documents relating to building work so long as any part of the building or structure to which they relate may be in existence.
(D) All such records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the Building Inspector without his or her written consent.
(E) The Building Inspector shall make written reports to his or her immediate superior once each month, or more often if requested, including statements of permits and certificates issued, and orders promulgated.
(Prior Code, § 1705.02)
Any person violating any provision of this chapter, including the technical codes which constitute part of this chapter, shall, in addition to either or both any fine or imprisonment which may be adjudged by reason of such violation, be liable to the city for any costs or expenses incurred by reason of such violation or by reason of abatement of any nuisance or hazard thereby created or by reason of rectifying any condition on any premises found to be in violation of this chapter. Any liability so incurred shall be enforceable in the same manner as the collection of other debts and taxes due the city.
(Prior Code, § 1705.04)
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