(a) State Building Code - Adoption.
(1) The State Building Code is hereby reenacted and adopted as promulgated by the West Virginia State Fire Commission, Title No. 87, Series 4 "State Building Code" as approved by the West Virginia Legislature, by Legislative Rule filed January 7, 2022 and effective August 1, 2022, as amended, and which establishes the standards and requirements as set out and as published in 2018 by the International Code Council and American Standards Institute.
(b) Codes Adopted.
(1) The following codes, as published and promulgated, are incorporated by reference as if fully set out verbatim herein:
A. The 2018 International Building Code, as modified or amended, to include Section 4.1.g.
B. The ANSI/ASHRAE/IESNA Standard 90.1 2013 Edition for commercial buildings, as excepted, modified, or amended.
C. The 2018 International Residential Code, as excepted, modified, or amended.
D. The 2018 International Existing Building Code, as excepted, modified, or amended.
E. The 2018 international Plumbing Code, as excepted, modified, or amended.
F. The 2018 International Mechanical Code, as excepted, modified, or amended.
G. The 2018 International Fuel Gas Code, as excepted, modified or amended.
H. The 2018 International Property Maintenance Code, as excepted, modified, or amended.
I. The NFPA Life Safety Code, 2021 Edition.
J. The 2020 Edition of the National Electric Code NFPA 70, as excepted, modified, or amended.
K. The 2017 ICC/ANSI Al17.1 Accessible and Usable Buildings and Facilities Code, as excepted, modified, or amended.
L. The 2018 International Swimming Pool and Spa Code, as excepted, modified, and amended.
M. The 2015 International Energy Conservation Code - for Residential Dwellings, as excepted, modified, or amended.
(c) Savings.
(1) Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any court, or fights acquired or liability incurred, or any cause or causes under any act or ordinance repeated; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance; and to that end the provisions of any prior enactment are hereby saved; provided however, that all building codes previously adopted by the City of Vienna and inconsistent with the State Building Code then in effect are null and void.
(d) Conflicting Ordinances.
(1) Any existing municipal 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 the State of West Virginia and are not contrary to recognized standards and good engineering practices.
(2) Any existing municipal ordinance that is less stringent or imposes a lesser standard than is required by the above referenced codes is hereby amended to comply therewith.
(e) Severability.
(1) If any section, sentence, clause, or phrase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article which shall continue in full force and effect, and to this end the provisions of this article are hereby declared severable.
(f) Enforcement.
(1) In addition to any other City personnel, officer, or official authorized to investigate and enforce the provisions of this article, the City's Building Inspector, Deputy Building Inspector, and/or Code Enforcement Officer shall have authority to enforce the provisions of this article.
(g) Certified Copy.
(1) A certified copy of this Ordinance shall be filed with the West Virginia State Fire Commission Office of the State Fire Marshall.
(Ord. 04-2022. Passed 7-28-22.)