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(A) There is hereby adopted by the Common Council for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings and structures situated within corporate limits of the city that certain building code, being the most current version of the West Virginia State Building Code, dated August 1, 2020, as amended, and the whole thereof, save and except such portions as may hereafter from time to time be deleted, modified, or amended, of which Code not less than one copy, certified by the Mayor, has been and now is filed in the office of the City Clerk, and the same is hereby incorporated and made a part of this section as fully as if set out at length herein, and the provisions thereof shall be controlling in the construction, alteration, removal, demolition, equipment, use and occupancy, location, and maintenance of all buildings and structures located within the corporate limits of the city. The State Building Code, identified as Title 87, Legislative Rules, State Fire Commission, Series 4, State Building Code, with its amendments, as the same may hereafter be modified, deleted, or amended, shall be known and cited as “the Building Code”.
(B) (1) The City Council expressly adopts all provisions of the West Virginia State Building Code as have been promulgated pursuant to W. Va. Code 29-3-5(b), as amended. In the event of any subsequent amendment or modification to the State Building Code’s regulatory provisions, i.e., any amendments or modifications, then the city’s Building Code shall thereby be amended and modified immediately upon the enactment date of any amendments or modifications to the State Building Code by the state, without necessitating the enactment of any further amendatory ordinances by the City Council.
(2) In addition to the regulatory provisions contained and set forth in the State Building Code, all additional regulatory provisions contained and set forth in the city’s ordinance adopted on July 28, 2021, as hereinabove referenced, shall continue to be valid and enforceable and shall be deemed to supplement the provisions of the State Building Code, which are expressly hereby adopted by the City Council.
(C) The State Building Code, and any amendments thereto, is adopted for the benefit, health, and welfare of the people of the city.
(Ord. passed 2-7-1983; Ord. passed 10-4-1993; Ord. passed 7-28-2021)
Charter reference:
Authority to regulate the building of houses and other structures, see Charter § 30
Statutory reference:
Authority to eliminate hazards and to abate public nuisances, see W. Va. Code 8-12-5(23)
Authority to inspect private premises, see W. Va. Code 8-12-15
Authority to provide for the regular building of structures, see W. Va. Code 8-12-5(28)
Authority to regulate dwellings unfit for human habitation, see W. Va. Code 8-12-16
Authority to regulate the construction or alteration of structures, see W. Va. Code 8-12-13
Authority to require permits for construction of structures and equipment, see W. Va. Code 8-12-14
The Common Council expressly adopts all of the state smoke detector provisions of W. Va. Code 15A-10-12, as amended, and with respect to the monitoring, compliance, and enforcement of said statutory provisions, specifically hereby authorizes and empowers the city’s Building Official(s) to conduct all reasonable and necessary inspections, and further to enforce compliance with the aforesaid statute in the manner as is more particularly provided therein, together with all state officials specifically empowered by the state to enforce compliance with the aforesaid statute.
(Ord. passed 10-4-1993)
(A) (1) The Building Official, as defined pursuant to an ordinance adopted by the City Council on October 4, 1982, and recorded in Ordinance Book 2 at Page 263, shall for all purposes continue to be the person authorized by the City Council to act as the administrator in the day-to-day application of all building and housing standards adopted by the city’s ordinance of February 7, 1983, as found in Ordinance Book 2 at Page 266, and of the Building Code provisions therein, and herein contained and set forth.
(2) A Building Board of Appeals shall be created consisting of five members appointed by the City Council. Such Board shall consist of individuals with a practical knowledge and/or expertise in the areas of construction, architecture, electrical and plumbing systems, and sanitation. Each member shall be appointed for the following terms: one for a term of one year, two for a term of two years, and two for a term of three years. Thereafter, as their terms expire, each new appointment should be for a term of three years. Any vacancy should be filled for the unexpired term only. A Board member may be removed for official misconduct or neglect of duty by action of City Council upon presentation of written charges. The Board shall organize and elect a Chairperson and Vice-Chairperson from its membership and should prescribe rules for the conduct of its affairs in accordance with applicable law.
(3) The Building Board of Appeals shall hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of any ordinance of regulation adopted pursuant to this subchapter. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be done in the premises, and so that in the end shall have all the powers of the officer or board from whom the appeal is taken.
(4) The procedure for an appeal to the Building Board of Appeals shall be as follows.
(a) Any appeal from the requirements of this subchapter shall be taken within ten days from the date of receipt of the order of the Building Official(s) by filing with the officer from whom the appeal is taken and with the Building Board of Appeals, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Building Board of Appeals copies of all of the documents in the officer’s possession regarding the action upon which the appeal is taken.
(b) The appellant shall, at the time of filing his or her appeal, pay the enforcing officer a fee of $25, or other amount deemed appropriate by the Municipal Court, to defray or help defray the cost of required advertising and other expenses.
(c) Each appeal shall be tried on its merits at a public hearing. Notice of such appeal shall be given by publishing in a newspaper of general circulation in the city and in accordance with the applicable law. The Building Board of Appeals shall give additional notice as required by law to all parties in interest, and they may adjourn the hearing for the purpose of giving such further notice.
(d) The Building Board of Appeals shall sit and decide each appeal within a reasonable time and notice thereof shall be given to all parties interested. The decision of the Building Board of Appeals shall be immediately filed in the place designated for the keeping of its records. In the exercise of its functions upon such appeals, the Building Board of Appeals may, in conformity with law, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as in its opinion be made.
(e) Any person aggrieved by any decision of the Building Board of Appeals may appeal therefrom, within 30 days, to the County Circuit Court as provided by the laws of the state.
(B) Code Appeals Board.
(1) The city will utilize a “State Building Code” appeals board instead of a separate appeals board for each national code adopted in § 150.001 and further described in this chapter. This Board may also be referred to as Code Appeals Board. Code Appeals Board shall mean the board which hears appeals stemming from the State Building Code.
(2) The city may adopt one or more appendices of these national codes that are not included in the State Building Code. The city will make that determination to adopt appendices at a later date.
(Ord. passed 10-4-1993; Ord. passed 7-28-2021)
(A) International Building Code, 2015 Edition, amendments. The following amendments are made and incorporated into the codes adopted in § 150.001.
Section 101.1: Insert “the City of Weston”.
Section 101.4.5: Fire Prevention: [DELETE ENTIRE SECTION].
Section 113.3: Qualifications: DELETE AND REPLACE WITH:
“The Board of Appeals shall consist of five members, with up to three alternates, who are qualified 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 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 or work. No less than one of the members of such Board of Appeals shall be a WV Registered Professional Architect or Engineer, of a WV Licensed General Building, Residential, Electrical, Piping, Plumbing, Mechanical or Fire Protection Contractor.”
Section 1612.3: Insert “the City of Weston”. Insert “April 19, 2010”.
(B) International Property Maintenance Code, 2015 Edition. The following amendments are made and incorporated into the codes adopted in § 150.001.
Section 103.5: Incorporate and refer to “Addendum A”.
Section 106.4: This section shall be amended by adding a new paragraph as follows:
“Any such person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor, punishable by a fine of not less than $50 nor more than $500.”
Section 112.4: Insert “$75” in “not less than” amount and $750 in the “or more than” amount.
Section 302.4: Insert “six (6) inches”.
Section 304.14: Insert “January 1 to December 31”.
Section 602.3: Insert “January 1 to December 31”.
Section 602.4: Insert “January 1 to December 31”.
(C) International Fuel Gas Code, 2015 Edition. The following amendments are made and incorporated into the codes adopted in § 150.001.
Section 106.6.2: Incorporate and refer to “Addendum A”.
Section 106.6.3: Insert “5%” in sub-section (2) and insert “100%” in sub-section (3).
Section 108.4: Insert “misdemeanor” for the offense; insert “$500” in the “no more than” amount; there will be no imprisonment penalty.
Section 108.5: Insert “$75” in the “not less than” amount and “$750” in the “or more than” amount.
(D) International Plumbing Code, 2015 Edition. The following amendments are made and incorporated into the codes adopted in § 150.001.
Section 106.6.2: Incorporate and refer to “Addendum A”.
Section 106.6.3: Insert “5%” in sub-section (2) and insert “100%” in sub-section (3).
Section 108.4: Insert “misdemeanor” for the offense; insert “$500” in the “no more than” amount; there will be no imprisonment penalty.
Section 108.5: Insert “$75” in the “not less than" amount and “$750” in the “or more than” amount.
Section 305.4.1: This section shall read as follows:
“Building sewers that connect to private sewage disposal systems shall be installed not less than 36 inches (mm) (or current frost line depth if different) below finished grade at the point of septic tank connection. Building sewers shall be installed not less than 36 inches (mm) (or current frost line depth if different) below grade. If for any reason these measurements are not feasible then the person or entity seeking to install the pipes, connections, or the like shall apply for a variance with the Building Code Official.”
Section 903.1: Insert “twelve (12) inches”.
(E) International Mechanical Code, 2015 Edition. The following amendments are made and incorporated into the codes adopted in § 150.001.
106.5.2: Incorporate and refer to “Addendum A”.
106.5.3: Insert “5%” in sub-section (2) and insert “100%” in sub-section (3).
Section 108.4: Insert “misdemeanor” for the offense; insert “$500” in the “no more than” amount; there will be no imprisonment penalty.
Section 108.5: Insert “$75” in the “not less than” amount and “$750” in the “or more than” amount.
(F) International Energy Conservation Code for Residential Buildings, 2009 Edition. The following amendments are made and incorporated into the codes adopted in § 150.001.
Section 107.2: Incorporate and refer to “Addendum A”.
Section 108.4: Insert “$75” in the “not less than” amount and “$750” in the “or more than” amount.
(G) ANSI/ASHRAE/IESNA Standard 90.1, 2010 Edition for Commercial Buildings. [This division has been intentionally left blank.]
(H) 2015 International Residential Code for One-and Two-Family Dwellings. The following amendments are made and incorporated into the codes adopted in § 150.001.
Table R301.2( 1): Insert the following:
“Ground Snow Load: 30 psf;
Speeded(mph): 115(51);
Topographic Effects: No;
Special Wind Region1: No;
Wind-borne Debris Zonem: 1;
Seismic Design Categoryf: A;
Weatheringa: Severe;
Frost Line Depthb: 32 inches;
Termitec: Yes;
Winter Design Tempe: 10;
Ice Barrier Underlayment Requiredh: Yes;
Flood Hazards8:
Flood Insurance Study: August 18,1992;
Date of First Adoption of Flood Plain Management Ordinance: February 8, 2010;
Panel Numbers: 136,137,138,150;
Current Effective Flood Insurance Rate Map (FIRM): April 19, 2010;
Air Freezing Indexi: 1500 or less; and
Mean Annual Tempj: 52.2.”
Concerning Table R301.2(l), if the relevant State Building Code charts, graphs, tables, or numbers contradict these numbers, then the State Building Code chart, graphs, tables, or numbers shall be used.
Section P2603.5.1: This section shall read as follows:
“Building sewers that connect to private sewage disposal systems shall be installed not less than 36 inches (mm) (or current frost line depth if different) below finished grade at the point of septic tank connection. Building sewers shall be installed not less than 36 inches (mm) (or current frost line depth if different) below grade. If for any reason these measurements are not feasible then the person or entity seeking to install the pipes, connections, or the like shall apply for a variance with the Building Code Official.”
(I) ICC/ANSI A117.1 American National Standards for Accessibility & Usable Buildings and Facilities, 2017 Edition. [This division has been intentionally left blank.]
(J) International Existing Building Code, 2015 Edition. The following amendments are made and incorporated into the codes adopted in § 150.001.
Section 1401.2: Insert “August 1, 2021”.
(K) Edition of the National Electric Code, 2017 Edition. [This division has been intentionally left blank.]
(L) International Swimming Pool and Spa Code, 2015 Edition. The following amendments are made and incorporated into the codes adopted in § 150.001.
Section 105.6.2: Incorporate and refer to “Addendum A”.
Section 105.6.3: Insert “5%” in sub-section (2) and insert “100%” in sub-section (3).
Section 107.4: Insert “misdemeanor” for offense; insert “$500” in the fine amount; there will be no imprisonment penalty.
Section 107.5: Insert “$75” in the “not less than” amount and “$750” in the “or more than” amount.
Addendum A: Addendum A shall be as follows:
“Fees and Schedules
- Building Permits: $15
- $5 charge for every $1,000 of total cost of job/project
Example Chart
$5 for first $1,000
$10 for $1,000.01 to $2,000
$15 for $2,000.01 to $3,000
$20 for $3,000.01 to $4,000
For job/project costing over $4,000, the fee schedule will proceed in a manner consistent with the above-cited Example Charter.”
(Ord. passed 7-28-2021)
MINIMUM HOUSING STANDARDS CODE
The Common Council finds that the general health, safety, and welfare of the citizens of the city will be served by the adoption of a code establishing minimum standards and requirements dealing with the regulation, restriction, and supervision of housing maintained for human habitation within the city, and therefore adopts hereby that certain housing code entitled “The BOCA Basic Property Maintenance Code 1981”, as amended, and the whole thereof, save and except such portions as may hereafter may be deleted, modified, or amended, of which Code not less than one copy, certified by the Mayor, had been and now is filed in the office of the City Clerk, and such Code is hereby incorporated in and made a part of this section as fully as if set out at length herein, and the provisions thereof shall be controlling upon owners and occupants of dwellings located within the city with regard to minimum standards, facilities, conditions, and uses required of, or permitted in, all such dwellings and dwelling units kept or maintained for human habitation. “The BOCA Basic Property Maintenance Code 1981”, as hereafter modified, deleted, or amended, shall be known and cited as “the Minimum Housing Standards Code”.
Charter reference:
Authority to regulate the building of houses and other structures, see Charter § 30
Statutory reference:
Authority to adopt codes by reference, see W. Va. Code 8-11-4(b)
Authority to adopt ordinances regulating the unfit dwellings, see W. Va. Code 8-12-16
Authority to provide for elimination of health and safety hazards, see W. Va. Code 8-12-5(23)
(Prior Code, § 5-16) (Ord. passed 2-7-1983)
Section H-111.0, Conflict with other Ordinances, of the Minimum Housing Standards Code, is hereby amended to read as follows.
(A) Section H-111.0. Conflicts of law. Whenever any provision of this Code is in conflict with any provision of the Weston City Code or other ordinance of the city, the more stringent provision shall prevail. Whenever any provision of this Code is in conflict with any provision of state law or of any rule or regulation promulgated pursuant to state law, the more stringent provision shall prevail, unless otherwise provided by state law or by rule or regulation promulgated pursuant thereto.
(B) Section H-140.3, Penalty for violations, of the Minimum Housing Standards Code is hereby deleted, as covered elsewhere in this chapter.
(C) Section H-141.0, right of appeal, of the Minimum Housing Standards Code is hereby deleted, as appeals are now taken to the codes appeal board.
(Prior Code, § 5-17)
For the purposes of the Minimum Housing Standards Code, the following terms shall have the meanings respectively ascribed to them by this section.
BOARD or BOARD OF HOUSING AND HYGIENE. The codes’ Appeal Board of this city.
BUILDING OFFICIAL. The Building Official of the city or his or her duly authorized agent or inspector.
CORPORATION COUNSEL. The City Attorney.
HEALTH DIRECTOR. The Director of Health of the Lewis County Health Department or his or her duly authorized agent or inspector.
MUNICIPALITY. The City of Weston.
(Prior Code, § 5-18)
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