Current through Register Vol. XLI, No. 43, October 25, 2024
Section 82-2-6 - Fire and Building Code Alternatives6.1. Intent and Purpose.6.1.a. The intent of this section is to provide guidelines for the uniform application of fire and building related codes to historic buildings and structures; to provide acceptable alternative safeguards to requirements of various fire and building code provisions where strict compliance is not practical; to specify various hazardous conditions in existing buildings and structures which should not be permitted to exist; to relieve building and fire code enforcement authorities from certain liabilities when applying the provisions of this chapter; to provide for rules and regulations; to provide construction and fire safety standards for historic buildings; to exempt historic buildings from certain laws and regulations; and to provide for other matters relative thereto.6.1.b. It is a purpose of this section to encourage the sensitive rehabilitation, restoration, stabilization, or preservation of historic buildings and to encourage the preservation of buildings and structures deemed to be historic in total or in part: Provided, That rehabilitation and preservation efforts should provide for the upgrading of the safety features of the building or structure to provide a practical level of safety to the public and surrounding property. It is the further purpose of this section to provide guidance regarding acceptable alternative solutions and to stimulate enforcement authorities to utilize alternative compliance concepts wherever practical to permit the continued use of existing buildings and structures without overly restrictive financial burdens on owners or occupants.6.1.c. The provisions of this section shall not be applicable to new construction.6.2. Identification of State and National Register sites. The Division of Culture and History shall provide to the State Fire Marshal and appropriate local building officials as requested, a listing of sites in the State and National Register within their jurisdiction. 6.2.a. The Division of Culture and History shall provide an annual update of this listing to the State Fire Marshal and appropriate local building officials as requested.6.2.b. The Division of Culture and History shall advise the State Fire Marshal and appropriate local building officials as requested on the eligibility of any sites not currently listed in the State or National Registers.6.3. Fire Code Alternatives. The Division of Culture and History shall review historic structures in accordance with compliance alternatives and otherwise assist the State Fire Marshal when enforcing fire code requirements on sites listed or eligible for listing in the State or National Registers, if the normal requirements would damage the integrity of the structure, as provided for in W. Va Code ''29-3-5 and 29-1-8(d). 6.3.a. The Division of Culture and History shall consult with the State Fire Marshal when enforcing fire code requirements on sites listed or eligible for listing in the State or National Registers.6.3.b. The Division of Culture and History will determine if the requirements recommended will maintain the integrity of the structure.6.3.c. If the recommended requirements will damage the integrity of the structure, the State Fire Marshal and the Division of Culture and History will agree to alternatives that will meet fire codes and protect the integrity of the structure.6.4. Building Code Alternatives. The Division of Culture and History will confer with appropriate building officials upon their request to determine the effect of enforcement of building code requirements on sites listed or eligible for listing in the State or National Register of Historic Places.