West Virginia

Advocacy Opportunities

Status

Explanations

Adopt Mandatory Codes

West Virginia has two voluntary residential codes, the 2003 IECC and the 2003 IRC with amendments.

In April 2009, the West Virginia Legislature passed companion bills directing the State Fire Commission to promulgate rules adding the 2009 IECC and ASHRAE 90.1-2007 to the state building code. On May 7, Governor Joe Manchin signed the legislation. The West Virginia State Fire Commission has initiated the subsequent rulemaking process with an effective date for the new code anticipated sometime in late 2009. Proposed WV code:  http://www.firemarshal.wv.gov/Documents/87-4%20Public%20Comment.pdf

Adopt an Automatic Review & Update Process

The state does not have a formal review schedule for building energy codes, however they review new editions of the code as soon as they become available. West Virginia’s most recent update became effective in May 2006. 

Create a Regulatory Process

West Virginia has a mixed legislative and regulatory process for promulgating changes to building energy codes.

The West Virginia State Fire Commission is responsible for adopting, promulgating, and amending statewide construction codes. The Administrative Procedures Act requires public hearings on the adoption of all codes by the State Fire Commission.  When the State Fire Commission proposes to adopt a code, the code is filed with the Secretary of State. The commission conducts a public hearing and can modify the rule with the Secretary of State as an agency-approved rule. The rule is then filed with the Legislative Rule-Making Review Committee. Once the rule is approved or modified by the Legislative Rule-Making Review Committee, it is introduced as a separate bill during the legislative session. Legislation need not be initiated by the State Fire Commission; the Legislature can modify the code by proposing legislation at any time during the regular session.

Improve Compliance
 

Compliance is determined by plan review and inspection by local building officials. If local jurisdictions do not adopt the statewide codes, contractors, builders, and architects are responsible for complying with the provisions of the codes.

REScheck and COMcheck may be used to demonstrate compliance.

Eliminate Weakening Amendments

Add Strengthening Amendments

Allow Innovation at the Local Level

Jurisdictions are allowed to adopt codes that are more stringent than the state adopted code.

Set Milestones
 

Adopt Green Codes

City Wide Program:
Morgan Town, West Virginia
Municipal Building Resolution, 2006

Program Description:
New municipal buildings or major renovations 10,000 ft2 or larger must be certified LEED Silver. 

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines.
LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.