W. Va. Code § 15A-10 § 15A-10-16
Additional remedies to abate, etc., fire hazards.
Operative Text
In case any building, structure, or equipment is, or is proposed to be, erected, constructed, reconstructed, altered, maintained, or used, or any land is or is proposed to be used in such a way to endanger life or property from the hazards of fire or explosion or in violation of this article, §15A-11-1 et seq. of this code, the fire code or the building code, the State Fire Marshal, or the Attorney General may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or actions, proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use.
West Virginia Code § 15A-10-16 authorizes the State Fire Marshal or the Attorney General to pursue court-based remedies—such as injunctions, mandamus orders, or abatement proceedings—when a building, structure, equipment, or land use creates fire or explosion hazards or otherwise violates the state fire or building codes. These legal actions are available in addition to any other remedies already provided by law. The provision applies both to existing conditions and to proposed construction or uses that have not yet begun.
Plain English — not legal advice.
Under § 15A-10-16, property owners and managers who allow conditions that violate the fire code, building code, or related provisions of Chapter 15A risk court-ordered injunctions or abatement actions initiated by the State Fire Marshal or the Attorney General. Compliant operators generally ensure that all construction, alterations, and ongoing maintenance meet applicable fire and building code standards before work begins and throughout the life of the property. Proactively addressing fire hazards and keeping documentation of inspections and code-compliance efforts reflects the kind of conduct this provision is designed to encourage.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 15A-10-16 establishes that tenants living in buildings with fire or explosion hazards may have recourse beyond standard code-complaint channels, because the State Fire Marshal and the Attorney General each hold independent authority to seek court orders requiring abatement or removal of dangerous conditions. If a tenant believes their building poses a fire or explosion risk in violation of the fire or building code, they may consider reporting the concern to the West Virginia State Fire Marshal's office, which can trigger the enforcement mechanisms described in this provision. Tenant-rights organizations and legal aid services can help explain how this provision interacts with other available remedies.
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.
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