W. Va. C.S.R. § 87-4-1 et seq. § §87-4-7
Adoption by Local Jurisdiction
Operative Text
§87-4-7. Adoption by Local Jurisdiction. 7.1. Each local jurisdiction adopting the State Building Code shall notify the State Fire Commission in writing. The local jurisdiction shall send a copy of the ordinance or order to the State Fire Marshal, West Virginia State Fire Commission, 1207 Quarrier Street, 2nd floor, Charleston, West Virginia 25301, within thirty (30) days of adoption. 7.2. Each local jurisdiction which adopts the State Building Code is responsible for the enforcement of the building code as provided in West Virginia Code 7-1-3n and 8-12-13. 7.3. Throughout the national codes, adopted in subsection 4.1 of this rule, there are discretionary provisions or amendments which require further action by the adopting local jurisdiction in order to adapt these codes to various local conditions. The appendices are not a part of the code and must also be adopted by the local jurisdiction to be enforceable. It is therefore the intent of this rule to further authorize each local jurisdiction to further complete, by order or ordinance, those respective areas which are indicated to be completed by the adopting “jurisdiction” and any of the appendices the local jurisdiction wishes to adopt. 7.4. Within the penalty sections of each of the national codes, adopted in Section 4.1 of this rule, there is a penalty for imprisonment. The provision of imprisonment for any violation of this rule is optional with each adopting local jurisdiction. 7.5. Each of the national codes adopted in subsection 4.1 of this rule provides for a separate appeals board. However, the intent and requirements for an appeal board may be met with the creation by the local jurisdiction of a single appeals board for the entire “State Building Code.” 7.6. Each local jurisdiction adopting the State Building Code shall comply with the requirements set forth in Title 87, Series 7 “Standards for the Certification and Continuing Education of Municipal, County, and Public-Sector Building Code Officials, Building Code Inspectors and Plans Examiners.” 7.7. All questions of interpretation and enforcement of the State Building Code are delegated to the local jurisdiction unless expressly provided by State Code, by this Rule, or by the incorporated codes and standards referenced in this Rule.
W. Va. C.S.R. § 87-4-7 establishes the process and responsibilities that apply when a local government in West Virginia chooses to adopt the State Building Code. Once adopted, the local jurisdiction must notify the State Fire Commission in writing and submit a copy of the adopting ordinance or order within 30 days. The local government then takes on responsibility for enforcement, including decisions about appeals boards, optional imprisonment penalties, and any appendices or discretionary code provisions it wishes to make locally enforceable. Questions of interpretation and enforcement generally rest with the local jurisdiction unless state law or this rule says otherwise.
Plain English — not legal advice.
Under W. Va. C.S.R. § 87-4-7, property owners and managers operating in a locality that has adopted the State Building Code should be aware that enforcement authority—including inspections, code interpretations, and appeals—rests with that local jurisdiction. Compliant operators typically identify which appendices and discretionary provisions their local government has formally adopted by ordinance, since unadopted appendices carry no enforceable weight. When questions arise about local building code requirements, operators generally direct those inquiries to the local building code office, which holds delegated authority under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
W. Va. C.S.R. § 87-4-7 means that if your local government has adopted the State Building Code, it is that local jurisdiction—not a state agency—that is responsible for enforcing building standards in your community. Tenants who believe a building code violation exists can generally contact their local building code or fire marshal's office to inquire about the complaint process, since enforcement authority is delegated locally under this rule. If a dispute arises over a code interpretation or enforcement decision, § 87-4-7 also contemplates that local jurisdictions maintain an appeals board, which may be a path for challenging such decisions; tenant-rights organizations can help explain what options exist in a specific locality.
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 In
Rules and statutes that cite this regulation