The 2009 IECC and ASHRAE 90.1-2007 become effective for residential and commercial buildings, respectively. West Virginia has moved to the 2012 I-codes with the exception of the energy code.

The West Virginia State Fire Marshal proposes a regulatory rule amending Title 87 of the state administrative code to update the residential and commercial building energy codes to the 2009 IECC and ASHRAE 90.1-2007 unamended. Currently, the state’s code for private residential and commercial construction is based on the 2003 IECC. The proposed rule also includes an update to the 2012 IBC and the 2012 IRC for one and two family dwellings, with amendments removing Section 101.4.5 on fire prevention from the IBC and Section 404.12 underground piping burial depth from the IRC. If completed, the rule must pass through a regulatory rulemaking oversight committee of the state legislature to be officially adopted by the state.

Governor Earl Ray Tomblin signs SB 76 into law as the Green Buildings Act. This legislation requires that all state-funded construction (including public schools) begun after July 1, 2012 comply with ASHRAE 90.1-2007 and the 2009 IECC.

Two bills are introduced in the West Virginia Legislature concerning building energy efficiency:

• The Green Buildings Act (SB 510) would require facilities constructed after July 1, 2011 using state funds to meet the 2009 IECC or ASHRAE Standard 90.1-2007.
• The Energy Efficient Building Act (HB 2890) would create an incentive for residential and commercial buildings that meet ENERGY STAR requirements. The bill would allocate up to $1 million per year beginning in 2012 for tax credits up to 1.5% of eligible expenditures or one dollar per square foot of the building constructed.

Neither bill ends up becoming law.

House Bill 4008 is introduced to the West Virginia House Committee on Government Organization concerning the Green Buildings Act. It would require the use of the Leadership in Energy and Environmental Design (LEED) and Green Globes standard for new construction and renovation of state buildings. The bill would:

• Apply to new or renovated State office buildings greater than 5,000 square feet or renovations in which the project cost is greater than 50% of the assessed value of the building (major facility) must be certified LEED silver
• If passed, this bill would take effect July 1, 2010 and apply to public agencies who have not entered the design phase before July 1, 2011
• The bill also applies to public school districts who receive state funding who have not entered the design phase before January 1, 2011
• The bill also applies to any major facility that receives public funding
• The Department of Administration shall monitor and document ongoing operating savings

This bill dies in the House Finance committee in February 2010.

Governor Joe Manchin signs legislation that directs the State Fire Commission to promulgate rules adding the 2009 IECC and ASHRAE 90.1-2007 to the state building code. The West Virginia State Fire Commission commences the subsequent rulemaking process.

The state adopts the 2003 IECC for residential and commercial buildings.

The 1990 National Energy Conservation Code (NECC) os adopted by reference (Title 87, Series 4, Section 4.1, Legislative Rules) along with other codes for building design and construction.

A state building code, authorized by the legislature, becomes effective, preempting all other local codes. The State Fire Marshal had requested this legislation in 1987. The State Fire Commission appointed 11 members, approved the Fire Marshal’s request, and worked with the legislature to successfully pass legislation authorizing the State Fire Commission to promulgate a state building code.