(a) There is enacted and adopted by reference, for the purpose of establishing rules and regulations, the State Building Code as promulgated by the West Virginia State Fire Commission pursuant to West Virginia Code 29-3-S(b), and by the State of West Virginia in Title 87, Legislative Rule Series 4 (Section 87-4-1 et seq), State Building Code, as fully as if set forth at length in this section; and the provisions thereof shall be controlling within the designated limits of the Town of Winfield. One (1) copy of the code, certified by the Town Clerk, shall be available to the public for inspection and use during all regular business hours.
(b) Any existing Town 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 West Virginia and is not contrary to recognized standards and good engineering practices.
(c) Any existing Town ordinance that is less stringent or imposes a lower standard than is required by the above referenced codes is hereby amended to comply therewith.
(d) The standards and requirements as set out and as published by the International Code Council and American Standards Institute, as listed below, shall have the same force and effect as if set out verbatim in this section.
(1) The International Building Code 2015 including Appendix "G", Flood Resistant Construction, with the following exceptions:
Section 101.1 Insert "the City of Winfield".
Section 104.1 Duties and powers of the Building Official - Is modified to read as follows:
"The Building Official shall enforce the provisions of this code. The Building Official may render interpretations of this code and adopt policies and procedures in order to clarify the applications of its provision. The interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. The policies and procedures shall not have the effect of waiving requirements specifically provided for in the code".
Section 104.45. 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 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 of work."
Section 404.10. Minimum burial dept is DELETED and REPLACED with:
Minimum burial depth. Underground piping shall be 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.
Section 1612.3. Insert "the City of Winfield" dated "September 6, 1994" and insert into (INSERT DATE OF ISSUANCE) "September 6, 1994".
Section 3412.2. Insert into [INSERT DATE TO BE INSERTED BY THE JURISDICTION] "July 1, 2010".
(2) International Plumbing Code 2015 with the following exceptions:
Section 101.1. Insert "the City of Winfield".
Section 106.6.3. In No.2 Insert into [SPECIFY PERCENTAGE] "100%". In No.3 Insert into [SPECIFY PERCENTAGE] "100%".
Section 108.5 Amend last sentence in paragraph to read: "Any person who shall continue any work in or about the structure after having been served with a Stop Work Order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of $200.00 up to $1,000.00".
Section 305.6.1 Insert into [NUMBER] "30 inches". Insert into [NUMBER] "12 inches".
Section 904.1 Insert into [NUMBER] "12 inches".
(3) International Mechanical Code 2015 with the following exceptions:
Section 101.1 Insert "the City of Winfield".
Section 106.5.2 Insert into {'{'}JURISDICTION TO INSERT APPROPRIATE SCHEDULE] insert "Article 1717.11".
Section 106.5.3 In No 2, insert into [SPECIFY PERCENTAGE] "100%". In No.3 insert into [SPECIFY PERCENTAGE] "100%".
Section 108.5 Insert into [SPECIFY OFFENSE] "misdemeanor". Insert into [AMOUNT] "$200.00 up to $1,000.00" and insert into [NUMBER OF DAYS] insert "30 days".
(4) International Fuel Gas Code 2015 with the following exceptions:
Section 101.1 Insert "the City of Winfield".
Section 106.6.3 In No.2, insert into [SPECIFY PERCENTAGE] "100%". In No. 3, insert into [SPECIFY PERCENTAGE] "100%".
Section 108.4 Insert into [SPECIFY OFFENSE] "misdemeanor", and insert into [AMOUNT]"$ 500.00", and insert into [NUMBER OF DAYS] "30 Days".
Section 108.5 Amend last sentence in paragraph to read as follows: "Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine up to $500.00."
(5) International Property Maintenance Code 2015 with the following exceptions:
Section 101.1 Insert "the City of Winfield".
Section 111.1 - Means of Appeal.
Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 20 days after the date of the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
This section allows a person with a material or definitive interest in the decision of the code official to appeal that decision. The aggrieved party may not appeal a code requirement. The intent of the appeal process is not to waive or to set aside a code requirement; it is to provide a means of reviewing a code official's decision on an interpretation or application of the code or reviewing the code official's decision to approve or reject the equivalency of protection to the code requirement.
Ending paragraph of Warning Notice:
Attached hereto is a warning. We believe the attached section of the Building Code has been violated. Please contact us to discuss or take corrective actions within ten days of this letter. If you do neither within ten days, we will issue a formal citation to which you will have the above appeal rights.
Section 112.4 Amend last sentence in paragraph to read as follows: "Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of up to $500.00."
Section 302.4 Insert into [JURISDICTION TO INSERT HEIGHT IN INCHES] "10 inches".
Section 303.14 Insert into [DATE] "January 1st to December 31st ..
Section 602.3 Insert into [DATE] "January 1st to December 31st ...
Section 602.4 Insert into [DATE] "September 1st to June 1st ...
EXCEPTIONS "The following structures are not subject to inspection by local jurisdictions: Group U utility structures comprising an area of not more than 150 square feet, which have no plumbing or electrical connections and are used only for residential storage purposes. (Examples include sheds that are for residential storage of lawnmowers, tools, bicycles or furniture). Not included are those utility structures and storage sheds which have plumbing or electrical connections, area on non-residential site or for the storage of explosives or other hazardous or explosive materials."
(6) International Energy Conservation Code 2009 with the follow exceptions:
Section 101.1 Insert "the City of Winfield".
(7) International Residential Code 2015 with the following exceptions:
Section R101.1 Insert "the City of Winfield".
Table R301.2(1) Insert into blank spaces as follows:
Roof Snow Load - "30 psf'; Wind Speed - "90 mph"; Seismic
Design Category- "C"; Weathering -"Severe"; Frost Line Depth- "24 inch"; Termite- "Moderate to Heavy"; Decay- "Slight to Moderate"; Winter Design Temperature- "11 degrees"; Flood Hazards- "as noted in the Town of Winfield Floodplain Ordinance"; Air Freezing Index- "500"; Mean Annual Temp - "54.5''; Topographic effects- "No".
Section P2603.6.1 Insert into [NUMBER[ "30 inches" and into [NUMBER] "12 inches".
Section 303.5.1 DELETE "Light Activation, in its entirety and REPLACE with the following: "Light Activation. The control for activation of the required interior stairway lighting shall be accessible at the top and bottom of each stairway without traversing any steps. The illumination of exterior stairways shall be controlled from inside the dwelling unit.
EXCEPTIONS: 1. Lights that are continuously illuminated or automatically controlled; 2. Interior stairways consisting of fewer than three steps.
Section R311.3.1 Floor Elevations at Required Egress Doors: DELETE AND REPLACE WITH: "Where a stairway of two or fewer risers is located on the exterior side of a door, other than a required exit door, a landing is not required for the exterior side of the door.
Section R311.7.4.1 Riser Height: DELETE AND REPLACE WITH: "The maximum riser height shall be eight and one-quarter (8 1/4) inches".
Section R311.7.4.2 Tread Depth: DELETE AND REPLACE WITH: "The minimum tread depth shall be nine (9) inches".
Section R313 Automatic Sprinkler Systems: DELETE ENTIRE SECTION - NO REPLACEMENT.
Section R403.1. 7.1 Building Clearances from Ascending Slopes: DELETE - NO REPLACEMENT.
Section R403.1.7.2 Footing Setbacks from Descending Slopes: DELETE - NO REPLACEMENT.
Chapter 11, Section N1101-1104 Energy Efficiency: DELETE- NO REPLACEMENT.
Section G2415.10 Minimal burial depth is DELETED AND REPLACED WITH: "Minimum burial depth. Underground piping shall be a minimum depth of twelve (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.
(8) 2009 ICC/ANSI A 117.1 Accessible and Usable Buildings and Facilities
(9) International Existing Building Code 2009 with the following exceptions:
Section 101.1 Insert "the City of Winfield".
Section 101.4.2 Buildings previously occupied: DELETE "International Fire Code" and REPLACE WITH: "NFPA101, Life Safety Code 2018". Section 1201.2 Insert "July 1, 2010".
(10) 2017 National Electric Code, NFPA 70
4.1.k.1 ADD. 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 renovations in one- and two-family homes where square footage is added but no electrical service is installed, arc-fault interrupter (AFCI) protection shall not be required.
(e) Nothing in this section hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause of action acquired or existing, under any provision hereby repealed; nor shall any right or remedy of any character be lost, impaired or affected by this chapter.
(f) The adoption of the town building code shall not be construed to affect or repeal any provisions of the fire prevention code not be construed as permitting a standard for gas piping and appliance venting on a customer's premises less than now or hereafter required by any natural gas utility.
(g) A copy of the codes listed herein is on file with the Secretary of State and the Town of Winfield. These Code Books, collectively or separately, may be obtained by contacting the publisher: International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478, phone 1-888-422-7233; or the ICC Store at 1-888-786-4452.
8.1. All building codes previously adopted by local jurisdiction are null and void.
(Ord. 2020-2021-3. Passed 12-8-20.)