(a) In addition to all other powers and duties now conferred by law upon county commissions, county commissions are hereby authorized and empowered, by order duly entered of record, to adopt building and housing codes establishing and regulating minimum building and housing standards for the purpose of improving the health, safety, and well-being of its citizens. Such codes may be adopted either for the entire county, or for any portion or portions of such county which may constitute an effective area or areas for such purposes, without the necessity of adopting such codes for any other portion of such county. Notwithstanding any other provision of this subsection to the contrary, no such code shall apply to or affect any territory within the boundaries of any municipal corporation which has adopted and in effect a housing and building code, unless and until such municipal corporation so provides by ordinance, or to structures on parcels of land used primarily for agricultural purposes. If a county adopts a property maintenance code or ordinance, including, but not limited to, the ICC International Property Maintenance Code, such code or ordinance shall exempt all property used for agricultural purposes. Any such code heretofore adopted by any county will be and is unenforceable as to agricultural property.
(b) Notwithstanding the provisions of subsection (a) of this section, all existing county building codes are void one year after the promulgation of a state building code by the State Fire Commission as provided in 29-3-5b of this code.
Upon the voidance of the county's existing building code, if the county commission votes to adopt a building code, it must be the state building code promulgated pursuant to 29-3-5b of this code.
(c) In addition to all other powers and duties now conferred by law upon county commissions, county commissions are hereby authorized and empowered, by order duly entered of record, to adopt such state building code upon promulgation by the State Fire Commission. However, such state building code shall not apply to or affect any territory within the boundaries of any municipal corporation which has not adopted the state building code.
Structure West Virginia Code
Chapter 7. County Commissions and Officers
Article 1. County Commissions Generally
§7-1-1. County Commissions Corporations; How Constituted; Election of President
§7-1-1b. Legislative Findings; Qualifications for County Commissioners
§7-1-3. Jurisdiction, Powers and Duties
§7-1-3bb. Levy For, Establishment and Operation of Sheltered Workshops; Financial Aid
§7-1-3d. Levy For, Establishment, and Operation of Fire Prevention Units; Financial Aid
§7-1-3e. Acquisition of Land For, and Operation Of, Public Refuse Dumps and Sanitary Landfills
§7-1-3ee. Providing for Payment of Service Fees at Banking Institutions
§7-1-3f. Establishment and Operation of Garbage and Refuse Collection and Disposal Services
§7-1-3g. Acquisition, Operation, and Maintenance of Sewerage Systems and Sewage Plants
§7-1-3gg. Lease Agreements for Equipment or Materials With Option to Cancel or Renew
§7-1-3i. County Commission May Cooperate With Other Governmental Units
§7-1-3k. Authority to Lease, Rent or Permit the Use of County Property
§7-1-3kk. Authority to Provide for the Elimination of Hazards to Public Health and Safety; Penalty
§7-1-3m. Authority to Employ, Fix Compensation for and Discharge Personnel
§7-1-3mm. Transfer of Development Rights in Growth Counties
§7-1-3n. Authority of Certain Counties as to Building and Housing Codes; State Building Code
§7-1-3oo. Authority to Enter Into Energy-Savings Contracts
§7-1-3p. Authority to Require Permits for Mobile Homes or House Trailers; Penalty
§7-1-3pp. Additional Powers and Duties of Commission; Areas of Special or Unique Interest
§7-1-3rr. Accessible County Records; Required Information
§7-1-3s. Authority to Govern Traffic and Parking; Rules and Regulations; Penalties
§7-1-3tt. Restriction on the Regulation of Trades, Occupations, and Professions
§7-1-3u. Authority of Counties and Municipalities to Treat Streams to Prevent Floods
§7-1-3x. County Information Referral Service
§7-1-3y. Authority to Grant Funds to Nutrition Programs
§7-1-3z. Authority of Counties to Govern Business of Massage
§7-1-5. Duties of County Commissioners; Payment for Services Other Than Services in Court
§7-1-5a. Excusal of Commissioner From Voting Where Conflict of Interest Involved
§7-1-6. Power to Punish for Contempts
§7-1-8. Continuance of Matters at End of Session
§7-1-9. Creation of Special Funds
§7-1-10. Special Account for Federal and State Grants-in-Aid Authorized
§7-1-11. Purchasing in Open Market or Competitive Bids; Debarment
§7-1-12. Authority for Establishing County Curfews; Jurisdiction for Violations
§7-1-13. Regulation of Amateur Radio Antennas
§7-1-15. Challenge of Candidate for County Commission; Residency