W. Va. Code § 8-12 § 8-12-13

Building regulation; general and special codes; state building code.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaInspections, Registration & Licensing

Operative Text

W. Va. Code § 8-12 § 8-12-13
(a) The governing body of every municipality shall have plenary power and authority by ordinance or a code of ordinances to:
(1) Regulate the erection, construction, repair or alteration of structures of every kind within the corporate limits of the municipality, prohibit, within specified territorial limits, the erection, construction, repair or alteration of structures of wood or other combustible material, and regulate excavations upon private property;
(2) Regulate electric wiring by prescribing minimum specifications to be followed in the installation, alteration or repair; and
(3) Regulate plumbing by prescribing the minimum specifications to be followed in the installation, alteration or repair of plumbing, including equipment, water and sewer pipe, traps, drains, cesspools and septic tanks.
(b) Notwithstanding the provisions of subsection (a) of this section, all existing municipal building codes are void one year after the promulgation of a state building code by the State Fire Commission as provided under section five-b, article three, chapter twenty-nine of this 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.
(c) The governing body of every municipality shall have plenary power and authority by ordinance or a code of ordinances to adopt such state building code promulgated by the State Fire Commission.
(d) Unless otherwise authorized by state law, any misdemeanor prosecution of a violation of an ordinance adopted under this section before a municipal judge or other municipal official lawfully authorized to hear and determine violations of municipal code shall be initiated by a complaint presented to and sworn or affirmed before a municipal judge or other municipal official with lawful authority to hear and determine violations of municipal code in the municipality where the offense is alleged to have occurred. Unless otherwise provided by statute, the presentation and oath or affirmation shall be made by a code enforcement department official or municipal attorney showing reason to have reliable information and belief. If the municipal judge or other municipal official with lawful authority to hear and determine violations of municipal code finds probable cause, the complaint becomes the charging instrument initiating a criminal proceeding.
A complaint lawfully authorized by this subsection together with a summons setting forth the date, time and place of appearance before a municipal judge or other municipal official with lawful authority to hear and determine violations of municipal code, shall be served in accordance with the law of the State of West Virginia concerning the service of process in civil actions, except that personal service of a summons and complaint may be made by a code enforcement department official. If service is made by certified mail under Rule 4(d)(1)(D) of the West Virginia Rules of Civil Procedure and delivery of the summons and complaint is refused, the code enforcement department official, promptly upon the receipt of the notice of the refusal, shall mail to the person or entity being noticed, by first class mail, postage prepaid, a copy of the summons and complaint. If the first class mailing is not returned as undeliverable by the U. S. Postal Service, service of the summons and complaint is presumed to have been effectuated. Upon service of the summons and complaint consistent with this subsection, the violation may be prosecuted consistent with state and local law.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 8-12-13 grants municipalities broad authority to regulate building construction, electrical wiring, and plumbing within their boundaries through local ordinances. However, once the State Fire Commission formally adopts a statewide building code, any existing local building codes become void within one year, and municipalities that choose to maintain a building code must adopt the state version. Enforcement of violations follows a specific legal process: a sworn complaint must be filed by a code enforcement official or municipal attorney before a municipal judge, and service of process follows civil procedure rules, with personal delivery permitted by code enforcement officers.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers operating within West Virginia municipalities should be aware that under § 8-12-13, local building, electrical, and plumbing standards are set either by municipal ordinance or, where a state building code has been promulgated by the State Fire Commission, by that statewide code. Compliant operators generally ensure that any construction, renovation, electrical work, or plumbing meets the applicable minimum specifications in force at the time of the work. When a code enforcement official initiates a complaint under this section, the formal process involves a sworn charging instrument and proper service, so operators who receive a summons and complaint should treat it as the beginning of a formal legal proceeding.

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

For Tenants

Tenants living in West Virginia municipalities benefit from § 8-12-13 because it requires that buildings meet regulated construction, electrical, and plumbing standards set either by local ordinance or the state building code adopted by the State Fire Commission. If a rental unit appears to have substandard wiring, plumbing, or structural conditions, tenants may contact the local code enforcement department, which has authority to initiate a formal complaint process against a non-compliant property. Tenant-rights organizations can help residents understand how local code enforcement procedures under § 8-12-13 interact with other housing protections, including any remedies available through municipal or state channels.

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 § 29-3-5b
Not yet ingested

References In

Rules and statutes that cite this regulation

W. Va. Code § 8-12-13
W. Va. Code § 8-12-16
W. Va. Code § 8-12-16
W. Va. Code § 8-12-16

Related Rules

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES

Source Information

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