West Virginia building code

Codes in force in West Virginia

Each code family with the edition and the date it took effect, as the adopting agency or statute states them.

Adopted by: West Virginia State Fire Commission (legislative rule approved by the Legislature)².

Scope, amendments and transition rules

International Building Code (IBC)

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2024 International Building Code (87 CSR 4 revision in progress, not in effect)¹

International Residential Code (IRC)

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2024 International Residential Code (87 CSR 4 revision in progress, not in effect)¹

International Plumbing Code (IPC)

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2024 International Plumbing Code (87 CSR 4 revision in progress, not in effect)¹

International Mechanical Code (IMC)

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2024 International Mechanical Code (87 CSR 4 revision in progress, not in effect)¹

International Fuel Gas Code (IFGC)

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2024 International Fuel Gas Code (87 CSR 4 revision in progress, not in effect)¹

Property Maintenance Code (IPMC)

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Local jurisdiction may reject the IPMC or adopt it alone¹

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2024 International Property Maintenance Code (87 CSR 4 revision in progress, not in effect)¹

Energy code, residential

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2024 International Energy Conservation Code (residential) (87 CSR 4 revision in progress, not in effect)¹

Energy code, commercial

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: ANSI/ASHRAE/IESNA Standard 90.1-2019 (87 CSR 4 revision in progress, not in effect)¹

International Existing Building Code (IEBC)

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2024 International Existing Building Code (87 CSR 4 revision in progress, not in effect)¹

National Electrical Code (NEC)

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2023 National Electrical Code (NFPA 70) (87 CSR 4 revision in progress, not in effect)¹

Swimming Pool and Spa Code (ISPSC)

Scope

Adopted locally³

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Local amendments allowed?

Yes²

Amendments

87 CSR 4 §87-4-4 (state amendments listed in the rule)¹

Next edition (not yet in force)

Proposed: 2024 International Swimming Pool and Spa Code (87 CSR 4 revision in progress, not in effect)¹

How West Virginia adopts building codes

W. Va. Code §15A-11-5; §7-1-3n; §8-12-13; 87 CSR 4 (State Building Code)

• West Virginia State Fire Commission (legislative rule approved by the Legislature). The State Fire Commission shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to safeguard life and property and to ensure the quality of construction of all structures erected or renovated throughout this state through the adoption of a State Building Code.²
• Code has force only in counties and municipalities that adopt it; adoption may be prospective only. The rules shall be in accordance with standard safe practices so embodied in widely recognized standards of good practice for building construction and all aspects related thereto and have force and effect in those counties and municipalities adopting the State Building Code: Provided, That each county or municipality may adopt the code to the extent that it is only prospective and not retroactive in its application; Provided, however, That buildings or structures utilized primarily for agricultural purposes shall be exempt from the provisions of the State Building Code, the State Fire Code, and any county or municipal building code or ordinance that is or may be adopted, such as the ICC International Property Maintenance Code.²
• Local enforcement. (d) Enforcement of the provisions of the State Building Code is the responsibility of the respective local jurisdiction.²
• Adopting county or municipality must notify the State Fire Marshal. (e) After the State Fire Commission has promulgated rules as provided in this section, each county or municipality intending to adopt the State Building Code shall notify the State Fire Marshal of its adoption.²
• Adopted locally. 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.³
• Municipality that adopts a building code must adopt the State Building Code. Upon the voidance of the municipality’s existing building code, if the municipality votes to adopt a building code, it must be the state building code promulgated under section five-b, article three, chapter twenty-nine of this code.⁴
• Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it. 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.³
• Municipal power to require permits. The governing body of every municipality has plenary power and authority to require a permit as a condition precedent to the erection, construction, repair or alteration of any structure or of any equipment or part of a structure which is regulated by state law or municipal ordinance: Provided, That no such permits may be required of the state, a county or other governmental entity, its contractors, agents or employees for the erection, construction, repair or alteration of any structure or of any equipment or part of a structure designated for use by the state, a county or other governmental entity.⁵
• Whenever any other state law, county, or municipal ordinance, or regulation of any agency thereof is more stringent or imposes a higher standard than is required by the State Building Code, the provisions of the state law, county or municipal ordinance, or regulation of any agency thereof governs if they are not inconsistent with the laws of West Virginia and are not contrary to recognized standards and good engineering practices.²
• Effective August 1, 2022. 1.4. Effective Date. – August 1, 2022.¹
• Current rule sunsets August 1, 2027. 1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027.¹
• Appendices are not in force unless the local jurisdiction adopts them. The appendices are not a part of the code and must also be adopted by the local jurisdiction to be enforceable.¹
• Previously adopted local building codes are void. 8.1. All building codes previously adopted by local jurisdictions are null and void.¹
• Local building code officials must be certified under the state rule. 7.6. Each local jurisdiction adopting the State Building Code shall comply with the requirements set forth in Title 87, Series 7 “Standards for the Certification and Continuing Education of Municipal, County, and Public-Sector Building Code Officials, Building Code Inspectors and Plans Examiners.”¹
• IFC not used; NFPA Life Safety Code 2021 substituted. 4.2. Wherever referenced in the several ICC codes adopted in this section, any reference to the International Fire Code should be substituted with the NFPA Life Safety Code 2021 edition.¹
• 87-04 revision in progress under §15A-11-5. Fire Commission 87-04 State Building Code Legislative In Progress §15A-11-5…⁶
• Former statute §29-3-5b is repealed (content now at §15A-11-5). [Repealed.]…⁷

Applies to

Only counties and municipalities that adopt the State Building Code; a county adoption does not cover municipalities that have not adopted it³

Can local rules be stricter?

Yes²

For permits, exemptions and owner-builder rules, see West Virginia building permits. To compare editions across states, see the code adoption map.