W. Va. Code § 15A-10 § 15A-10-11

Work to be done at expense of owner or occupant upon failure to comply with repair or demolition order; action to recover.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaHabitability & Repair

Operative Text

W. Va. Code § 15A-10 § 15A-10-11
In the event any owner of any building or premises served with a copy of an order as provided in §15A-10-9 and §15A-10-10 of this code shall fail substantially to comply with such order within 30 days from the date of issuance thereof, or within 30 days after any appeal from such order has been affirmed by the State Fire Marshal or by the court, the State Fire Marshal, or his or her designee, may enter into and upon the premises affected by such order and cause the building, structure, or premises to be repaired, torn down, materials removed, and all dangerous conditions to be remedied, as the case may be, at the expense of the owner and with any administrative charges as established by the State Fire Marshal also being borne by the owner, and if such person shall fail or neglect to repay the State Fire Marshal the expense and administrative charge thereby incurred by him or her within 30 days after written demand shall have been delivered or mailed to the said owner as provided in §15A-10-10 of this code, the State Fire Marshal is hereby authorized to bring an action in the name of the state to recover such expenses, with interest, and any administrative charge as established by the commission, in any court of competent jurisdiction.
Upon a determination by the State Fire Marshal that the provisions of §15A-10-9 and §15A-10-10 of this code have not been met, and that such property constitutes a hazard to health or public safety, in lieu of initiating an order as therein provided, the State Fire Marshal may notify the county commission or the county health officer in order that they may perform their duties pursuant to section §7-1-3ff of this code. The State Fire Marshal may also, in lieu thereof, notify the municipality where the property is located so that the municipality may perform its duties pursuant to §8-12-14 of this code.
The State Fire Marshal may designate, pursuant to this section, a designee to accomplish the building, structure, or premises to be repaired, torn down, materials removed, and all dangerous conditions to be remedied, as the case may be. The designee may include an employee of the Fire Marshal, an agent of the Fire Marshal, a vendor, a Fire Department and its employees or agents, or a governmental entity and its employees or agents. Any contract entered into, pursuant to this section is exempt from the requirements of § 5A-3 -1 et seq. of this code.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 15A-10-11 establishes a process by which the State Fire Marshal can step in and directly carry out repairs, demolition, or hazard remediation on a property when the owner has failed to comply with a prior order within 30 days. The costs of that work, plus any administrative charges set by the Fire Marshal, become the owner's financial obligation. If the owner does not reimburse those costs within 30 days of written demand, the State Fire Marshal is authorized to sue in court to recover the expenses plus interest. The provision also allows the Fire Marshal to refer hazardous properties to county commissions, county health officers, or local municipalities rather than pursuing direct action.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 15A-10-11, property owners who receive a repair or demolition order under §§ 15A-10-9 and 15A-10-10 are expected to complete required work within the 30-day compliance window — or within 30 days after any appeal is resolved against them. Operators who do not act risk having the State Fire Marshal enter the property and perform the work on their behalf, with all resulting costs and administrative charges billed directly to the owner. Failure to reimburse those costs within 30 days of written demand can result in a state-initiated court action to recover expenses with interest, making timely compliance the most straightforward path to avoiding compounding financial liability.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

For tenants living in buildings subject to a Fire Marshal order under § 15A-10-11, this provision means that unresolved hazards can trigger direct government intervention — the State Fire Marshal has authority to enter the property and remediate dangerous conditions when an owner fails to act. Tenants who believe a property poses a health or safety hazard may find it useful to know that the Fire Marshal can also refer such properties to the county commission, county health officer, or local municipality for action under separate code provisions. Tenant-rights organizations or legal aid services can help occupants understand how these referral and enforcement pathways interact with any rights they may have as residents of an affected property.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

W. Va. Code § 7-1-3ff
Not yet ingested
W. Va. Code § 8-12-14
Not yet ingested

References In

Rules and statutes that cite this regulation

W. Va. Code § 15A-10-9
W. Va. Code § 15A-10-9
W. Va. Code § 15A-10-10

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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Fetched:Oct 26, 2026, 02:27 PM UTC