W. Va. C.S.R. § 87-1-1 et seq. § §87-1-16
Exemption for agricultural purposes
Operative Text
§87-1-16. Exemption for agricultural purposes.
16.1. If a property owner or other responsible party claims exemption from the State Fire Code based
on the agricultural purposes exemption identified in subsection 1.6. of this rule, it would be based upon W.
Va. Code §15A-11-3, 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”.
16.2. The term “agricultural purposes” means the raising, cultivation, drying, harvesting, marketing,
production, or storage of agricultural products, including both crops and livestock, for sale or use in
agriculture or agricultural production, or the storage of machinery or equipment used in support of
agricultural production.
16.3. To obtain approval consideration for this exemption; a formal request will be made directly to
the WV Department of Agriculture. If approved, the exemption shall be provided to this agency from the
submitter or the Department of Agriculture.West Virginia Code of State Rules § 87-1-16 establishes a process by which buildings or structures used primarily for agricultural purposes may be exempt from the State Fire Code. The exemption traces back to W. Va. Code § 15A-11-3, which excludes such structures from state and local building and fire codes. 'Agricultural purposes' is defined broadly to include raising, harvesting, storing, and marketing crops or livestock, as well as storing farm machinery, but the exemption is not automatic — it requires formal approval from the WV Department of Agriculture.
Plain English — not legal advice.
Property owners or managers who believe a structure qualifies under the agricultural exemption described in § 87-1-16 generally submit a formal written request directly to the WV Department of Agriculture before assuming the exemption applies. Compliant operators retain documentation of any approval granted and provide a copy to the relevant state agency as required by the rule. Because the exemption is tied to the primary use of the structure, operators typically ensure that the building's actual function aligns with the definition of 'agricultural purposes' set out in subsection 16.2.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 87-1-16 is primarily directed at property owners and agricultural operators rather than residential tenants, but tenants occupying structures on agricultural properties should be aware that a claimed fire-code exemption must be formally approved by the WV Department of Agriculture — it is not self-executing. If a tenant has concerns about whether a structure has been improperly claimed as exempt from fire-safety requirements, they may contact the WV State Fire Marshal's office or a tenant-rights organization to understand available options. Reviewing whether a valid exemption approval exists, as contemplated by subsection 16.3, can be a starting point for understanding the fire-safety obligations that apply to a given 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
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation