Sec. 14-33. - Adoption of state building code; exercise of authority beyond corporate limits.
(a) There is adopted the state building code as authorized by W. Va. Code § 8-12-13 and promulgated pursuant to W. Va. Code § 15A-11-5, and by the State of West Virginia in Title 87, Legislative Rule Series 4 (§ 87-4-1 et seq.), state building code, which are collectively adopted by reference as if fully restated herein, and the provisions of such code sections and regulations shall be controlling within the city.
(b) The following amendments are made and incorporated into the codes adopted by subsection (a) of this section, as stated in the Legislative Rule:
Whenever referenced in the several ICC codes adopted herein, any reference to the International Fire Code should be substituted with the NFPA Life Safety Code 2021 edition.
Whenever a certificate of occupancy is required of a commercial structure greater in size than 7,600 square feet, the project documents shall be designed by an Architect licensed by the WV Board of Architects, or a Professional Engineer licensed by the WV State Board of Registration for Professional Engineers.
The ANSI/ASHRAE/IESNA Standard 90.1-2013 edition for commercial buildings. Using building energy benchmarking in all commercial structures means measuring a building's energy use and then comparing it to the energy use of similar buildings, its own historical energy usage, or a reference performance level, and is an allowable option for improved energy efficiency and performance.
International Building Code 2018:
Section 101.1 | Insert "the City of Charleston"
Section 1612.3 | Insert "the City of Charleston" dated "April 3, 1985"
Delete Section 101.4.5 Fire Prevention, in its entirety.
Delete Section 113.3 Qualifications, in its entirety and replace with the following: 113.3 Qualifications. The Board of Appeals shall consist of five members, with up to three alternates, who are qualified by experience or training 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 Engineer, 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. No less than one of the members of such Board of Appeals shall be a WV Registered Professional Architect or Engineer, or a WV Licensed General Building, Residential, Electrical, Piping, Plumbing, Mechanical or Fire Protection Contractor.
Section 4.1.k.l. Omit references to International Fire Code and substitute NFPA Life Safety Code 2021 Edition.
International Residential Code for One- and Two-Family Dwellings 2018:
Section R101.1 | Insert "the City of Charleston"
Section G2415.12(404.12) | Delete and replace with: Minimum Burial Depth. 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.
Section M1402.1 General | Oil-fired central furnaces shall conform to ANSI/UL 727. Electric furnaces shall conform to UL 1995 or UL/CSA 60335-2-40.
Section M1403.1 Heat pumps | Electric heat pumps shall be listed and labeled in accordance with UL 1995 or UL/CSA 60335-2-40.
Section M1412.1 Approval of equipment | Absorption systems shall be installed in accordance with the manufacturer's instructions. Absorption equipment shall comply with UL 1995 or UL/CSA 60335-2-40.
Section M1413.1 General | Evaporative cooling equipment and appliances shall comply with UL 1995 or UL/CSA 60335-2-40 and shall be installed in accordance with 4401.3 Referenced standard list:
Section 4401.3 Referenced standard list | ASHRAE | ASHRAE 1791 Tullie Circle, NE Atlanta, GA 30329
Standard references | Title
34-2019 | Designation and Safety Classification of Refrigerants
CSA | CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131- 5516
Standard referenced | Title
CAN/CSA/C22.2 No. 60335-2-40-2019 | Safety of Household and Similar Electric Appliances, Part 2-40: Particular Requirements for Electrical Heat Pumps, Air- Conditioners and Dehumidifiers-3rd edition
UL | UL LLC 333 Pfingsten Road Northbrook, IL 60062-2096
Standard referenced | Title
1995-2015: | Heating and Cooling Equipment
UL/CSA 60335-2-40-19: | Household And Similar Electrical Appliances, Part 2-40: Particular Requirements for Electrical Heat Pumps, Air- Conditioners and Dehumidifiers - 3rd Edition
UL/CSA 60335-2-89-21 | Household And Similar Electrical Appliances - Safety - Part 2-89: Particular Requirements for Commercial Refrigerating Appliances with an Incorporated or Remote Refrigerant Unit or Compressor
Table R301.2
Section R311.7.5 Stair Treads and Risers | 311.7.5.1 Riser Heights — The maximum riser height shall be eight and one-quarter (8 ¼) inches. 311.7.5.2 Tread Depth — The minimum tread depth shall be nine (9) inches.
Section R403.1.7.1 | Building Clearances from Ascending Slopes is not applicable to this rule.
Section R403-1.7.2 | Footings Setbacks from Descending Slope Surfaces is not applicable to this rule.
International Plumbing Code 2018:
Section 101.1 | Insert "the City of Charleston"
Section 106.6.2 | Insert "See the Building Department Administrative Manual, Appendix A"
Section 106.6.3 | In No. 2 Insert "100%" In No. 3 Insert "100%"
Section 108.4 | Insert "misdemeanor," "$1,000," "0 days"
Section 108.5 | Amend last sentence in paragraph to read as follows: 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 up to $1,000.00"
Section 305.4.1 | Insert "30 inches" and "12 inches"
Section 903.1 | Insert "12 inches"
International Mechanical Code 2018:
Section 101.1 | Insert "the City of Charleston"
Section 106.5.2 | Insert "See the Building Department Administrative Manual, Appendix A"
Section 106.5.3 | In No. 2 Insert "100%" In No. 3 Insert "100%"
Section 108.4 | Insert "misdemeanor," $1,000," "0 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 $1,000.00"
Section 908.1 General | A cooling tower used in conjunction with an air-conditioning appliance shall be installed in accordance with the manufacturer's instructions. Factory-built cooling towers shall be listed in accordance with UL 1995 or UL/CSA 60335-2-40.
Section 916.1 General | Pool and spa heaters shall be installed in accordance with the manufacturer's instructions. Oil-fired pool and spa heaters shall be tested in accordance with UL 1261. Pool and spa heat pump water heaters shall comply with UL 1995, UL/CSA 60335-2-40 or CSA C22.2 No. 236. Exception: Portable residential spas and portable residential exercise spas shall comply with UL 1563 or CSA C22.2 No. 218.1.
Section 918.1 Forced-Air furnaces | Oil-fired furnaces shall be tested in accordance with UL 727. Electric furnaces shall be tested in accordance with UL 1995 or UL/CSA 60335-2-40. Solid fuel furnaces shall be tested in accordance with UL 391. Forced-air furnaces shall be installed in accordance with the listings and the manufacturer's instructions.
Section 918.2 Heat Pumps | Electric heat pumps shall be tested in accordance with UL 1995 or UL/CSA 60335-2-40.
Section 1101.2 Factory-Built Equipment and Appliances | Listed and labeled self-contained, factory-built equipment and appliances shall be tested in accordance with UL 207, 412, 471, 1995, UL/CSA 60335-2-40, or UL/CSA 60335-2-89. Such equipment and appliances are deemed to meet the design, manufacture and factory test requirements of this code if installed in accordance with their listing and the manufacturer's instructions.
Section 1101.6 General | Refrigeration systems shall comply with the requirements of this code and, except as modified by this code, ASHRAE 15. Ammonia-refrigerating systems shall comply with this code and, except as modified by this code, ASHRAE 15, IIAR 2. High probability systems utilizing A2L refrigerants shall comply with ASHRAE 15.
Section 1501.3 Referenced Standards - See Table list | ASHRAE | ASHRAE 1791 Tullie Circle, NE Atlanta, GA 30329
Standard reference number | Title
15-2019 | Safety Standard for Refrigeration Systems
34-2019 | Designation and Safety Classification of Refrigerants
CSA | CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131- 5516
Standard reference number | Title
CSA C22.2 No. 60335-2-40-19 | Household and Similar Electrical Appliances - Part 2-40: Particular Requirements for Electrical Heat Pumps, Air- Conditioners and Dehumidifiers-3rd edition
CSA C22.2 No. 60335-2-89-21 | Household and Similar Electrical Appliances - Part 2-89: Particular Requirements for Commercial Refrigerting Appliances with an Incorporated or Remote Refrigerant Unit or Compressor
UL | UL LLC 333 Pfingsten Road Northbrook, IL 60062-2096
Standard reference number | Title
UL/CSA 60335-2-40-19: | Household And Similar Electrical Appliances - Safety - Part 2-40: Particular Requirements for Electrical Heat Pumps, Air- Conditioners and Dehumidifiers - 3rd Edition
UL/CSA 60335-2-89-21 | Household And Similar Electrical Appliances - Safety - Part 2-89: Particular Requirements for Commercial Refrigerating Appliances with an Incorporated or Remote Refrigerant Unit or Compressor
International Existing Building Code 2018:
Section 101.1 | Insert "the City of Charleston"
Omit reference to International Fire Code and substitute NFPA Life Safety Code 2021 edition
International Energy Conservation Code 2015:
Section 101.1 | Insert "the City of Charleston"
Section R402.4.1.2. Testing. | The Building or dwelling unit shall in lieu thereof have an air leakage rate not exceeding five air changes per hour in Climate Zones 3 through 8.
International Fuel Gas Code 2018:
Section 101.1 | Insert "the City of Charleston"
Section 106.6.2 | Insert "See the Building Department Administrative Manual, Appendix A"
Section 106.6.3 | In No. 2 Insert "100%" In No. 3 Insert "100%"
Section 108.4 | Insert "misdemeanor," "$1,000," "0 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 $1,000.00"
Section 404.12 | Section 404.12 is deleted in its entirety and replaced with the following: "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."
International Property Maintenance Code 2018:
Section 101.1 | Insert "the City of Charleston"
Section 103.5 | Insert "See the Building Department Administrative Manual, Appendix A"
Section 110.3 | Modified as follows: Unless authorized by W. Va. Code § 8-12-16, or absent the express consent of the owner, if the owner of a premises fails to comply with a demolition order within the time prescribed, the legal counsel of the jurisdiction shall institute appropriate action in the Circuit Court of the County in which the property is located against the owner of the premises where the structure is or was located seeking an order causing the structure to be demolished and removed. Thereafter, the local jurisdiction, through an available public agency or by contract or arrangement with private persons, shall demolish and remove the structure and the costs thereof, as well as all fees and costs incurred in the legal action, shall be a lien upon such real estate.
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 up to $1,000.00"
Section 302.4 | Insert "10 inches"
Section 304.14 | Insert "January 1 st to December 31 st "
Section 602.3 | Insert "January 1 st to December 31 st "
Section 602.4 | Insert "September 1 st to June 1 st "
2020 National Electrical Code, NFPA 70: [insert] 4.1.m.1 Section 201.8(F) GFCI Protection shall not be required on all new mini-split heating/ventilation/air-conditioning (HVAC equipment and other HVAC units employing power conversion equipment as a means to control compressor speed systems including but not limited to mini-split and A/C units until January 1, 2023. 4.1.m.2 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 renovation in one- and two-family homes where square footage is added but no electrical service is installed, arc-fault circuit interrupter (AFCI) protection shall not be required.
The 2018 edition of the International Swimming Pool and Spa Code.
2017 ICC/ANSI A117.1 American National Standards for Accessibility & Usable Buildings and Facilities:
Title 87 Legislative Rule, State Fire Commission, Series 4 § 87-4-5 Fire Protection of Floors in Residential Buildings 5.1 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 ½ inch (12.7 mm) gypsum wallboard membrane, 5/8 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 2 inch by 10 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 R313.1 or R313.2 of the 2018 edition of the International Residential Code for One and Two Family Dwellings, provided that floor assemblies located directly over a space protected by an automatic sprinkler system as set forth in section R313.1 or R313.2 of the 2018 edition of the International Residential Code for One and Two Family Dwellings are exempt from this requirement. 5.2 Townhouses meeting the Fire-Resistant Construction Standard R302.2 will be treated as New One- and Two-Family Dwellings and shall comply with Section 5.1 above.
(c) 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.
(Bill. No. 7031, 3-1-2004; Bill No. 7426, 6-22-2010; Bill No. 7592, 9-16-2013; Bill No. 7812, 4-15-2019; Bill No. 7831, 8-19-2019; Bill No. 7877, 8-3-2020; Bill No. 7966, 7-18-2022)
