§ 1711.01. Adoption.

(a)

There is 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 W. Va. Code, § 29-3-5b, and the provisions thereof shall be controlling within the corporate limits of the City. One copy of the code, certified by the Mayor, shall be maintained on file in the office of the Recorder and shall be available to the public for inspection and use during all regular business hours.

(b)

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 West Virginia and is not contrary to recognized standards and good engineering practices.

(1)

The electrical service disconnecting means shall be installed at a readily accessible location on the outside of all new or modified buildings or structures.

(c)

Any existing municipal 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, except that any and all references to ICC Electrical Code mean NFPA 70, National Electrical Code/2014:

(1)

The International Building Code, First Edition, 2015, with the following exceptions:

a.

Provided; that the section entitled "Fire Prevention" and identified as Section 101.4.5 is deleted and not considered to be a part of the code.

b.

Further provided that the section entitled "Duties and Powers of Building Official" and identified as Section 104.1 General 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 application of its provisions. 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 this code."

c.

Further provided that the entire section entitled "Board of Appeals" and identified as Section 112 is deleted and replaced with the following:

"The board of appeals (Hurricane Building Code Appeal Board) shall consist of five individuals, one from each of the following professions or disciplines, with three forming a quorum at any appeal hearing. 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 ten years' experience, five of which shall have been responsible charge of work; A registered design professional with structural engineering or architectural experience;

The Hurricane Building Code Appeal Board shall consist of five members, nominated by the Mayor and appointed by the Council and shall be appointed for five-year staggered terms or until a successor is appointed.

The Mayor shall nominate and the Council shall appoint two alternate members who shall be called to hear appeals during the absence or disqualification of a member. Alternates shall possess the same qualifications as members and shall serve five-year terms or until a successor is appointed.

Time of Appeal: The Hurricane Building Code Appeal Board shall render a decision within 30 days from receipt of the appeal.

The Hurricane Building Code Appeal Board shall serve as the appeal board for each of the national or international codes adopted by the City and shall serve as a single appeals board for the entire building code."

(2)

The International Plumbing Code, First Edition, 2015.

(3)

The International Mechanical Code, First Edition, 2015.

(4)

The International Fuel Gas Code, First Edition, 2015, with the following exception:

Section 404.9 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.

(5)

The International Property Maintenance Code, First Edition, 2015.

(6)

The International Energy Conservation Code, First Edition, 2009.

(7)

The International Residential Code, First Edition, 2015, with the following exceptions:

a.

Section G2415.10 Minimum Burial Depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade. In the minimum depth cannot be maintained, the piping system shall be installed in conduit or shielded in an approved manner.

b.

Section R303.6.1 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 of less than three steps.

c.

Section R311.3.1 Landings at doors. Where a stairway of two or fewer risers is located on the exterior side of a door, other than the required exit door, a landing is not required for the exterior side of the door.

d.

Section R311.7.4.1 Riser Heights. The maximum riser height shall be eight and one-quarter (8¼) inches.

e.

Section R311.7.4.2 Tread depth. The minimum tread depth shall be nine (9) inches.

f.

Section R313 Automatic fire sprinkler systems. Delete the entire section, no replacement.

g.

Section R403.17.1 Building clearances from ascending slopes. Delete, no replacement, not applicable to this rule.

h.

Section R403.1.7.2 Footing setbacks from descending slope surfaces. Delete, no replacement, not applicable to this rule.

i.

Chapter 11 Energy Efficiency. Delete entire chapter, no replacement, not considered part of this rule.

(8)

The ICC/ANSI A1.1 Standards for Accessibility and Usable Buildings and Facilities First Edition, 2009.

(9)

The International Existing Building Code, 2015 with the following exception:

(I)

Section 101.4.2 Buildings previously occupied. Delete International Fire Code and replace with NFPA 101, Life Safety Code/2014.

(e)

The following structures are not subject to inspection by the City of Hurricane: Group U utility structures and storage sheds 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 the residential storage of lawnmowers, tools, bicycles, or furniture.) Not included in this exception are those utility structures and storage sheds, which have plumbing or electrical connections, are a nonresidential use, or are for the storage of explosives or other hazardous or explosive materials.

(f)

A copy of the codes listed herein is on file with the Secretary of State and the City of Hurricane. These code books, collectively or separately, may be obtained by contacting the publisher.

(g)

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 one-half-inch (12.7 mm) gypsum wallboard membrane, five-eighths-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 two-inch by ten-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 R313.2 of the 2015 edition of the International Residential Code for One and Two Family Dwellings: provided that floor assemblies located directly over a space provided by an automatic sprinkler system as set forth in section R313.2 of the 2015 edition of the International Residential Code for One and Two Family Dwellings are exempt from this requirement.

(Ord. of 6-6-2016(1); Ord. of 12-4-2017)