W. Va. C.S.R. § 87-1-1 et seq. § §87-1-1
General
Operative Text
§ 87-1-1. General.
1.1. Scope. -- This rule establishes the State Fire Code for the safeguarding of life and property from
the hazards of fire and explosion.
1.2. Authority. -- This legislative rule is issued under authority of W. Va. Code § 15A-11-3.
1.3. Filing Date. -- May 13, 2026.
1.4. Effective Date. -- July 1, 2026.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.
1.6. Exemption. -- This State Fire Code has no application to personal care homes caring for three or
less patients or buildings used wholly as dwelling houses for no more than two families and has no
application to buildings or structures used primarily for agricultural purposes including agritourism
purposes. Provided; however, that farm structures (1) used for group sleeping accommodations for farm
workers or (2) used for health care, or detention/correctional occupancy are not exempt from the
requirements of this State Fire Code. All permits and processes pertaining to the boilers, including
inspections, are exempt from the State Fire Code and are under the jurisdiction of the West Virginia
Division of Labor.
1.7. Incorporation of Other Documents. -- This State Fire Code does not include a reprinting of all
the requirements imposed by statute or by the incorporation of various National Standards and Codes cited
in section 2 of this rule. For ascertaining these additional standards and requirements it is necessary to
make reference to these other documents. A copy of the relevant standards are listed throughout this Rule,
and in Appendices A and B, attached to this Rule. The relevant standards may be viewed, at no cost, on
the National Fire Protection Association website at the time of the adoption of this rule.
1.8. Conflicts.
1.8.1. Whenever there is a conflict between NFPA 1 and NFPA 101, the requirements of NFPA
101 shall take precedence.
1.8.2. Whenever there is a conflict between the State Building code and the State Fire Code, the
State Fire Code shall take precedence.
1.8.3. Whenever there is a conflict between the State Fire Code and the NFPA codes, the State Fire
Code shall take precedence.W. Va. C.S.R. § 87-1-1 establishes the foundational scope, authority, and structure of West Virginia's State Fire Code, which is designed to protect lives and property from fire and explosion hazards. The rule takes effect July 1, 2026, and is set to expire August 1, 2031 under its sunset provision. Certain buildings are exempt from its requirements—including small personal care homes with three or fewer patients and single- or two-family dwellings—while farm structures used for group sleeping, health care, or detention purposes are not exempt. When conflicts arise between this code and other standards such as NFPA 1, NFPA 101, or the State Building Code, the State Fire Code generally takes precedence, except that NFPA 101 prevails over NFPA 1.
Plain English — not legal advice.
Property owners and managers should be aware that W. Va. C.S.R. § 87-1-1 defines which buildings fall under West Virginia's State Fire Code and which do not—residential buildings housing more than two families are subject to the code, while one- and two-family dwellings are exempt. Compliant operators of covered properties typically familiarize themselves with the incorporated National Fire Protection Association standards referenced in Section 2 and the appendices, which can be reviewed at no cost on the NFPA website. Operators also recognize that boiler-related permits and inspections fall outside the State Fire Code and are instead governed by the West Virginia Division of Labor.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in buildings with more than two units should be aware that W. Va. C.S.R. § 87-1-1 brings those properties under the West Virginia State Fire Code, which sets baseline standards for fire and life safety. Single- and two-family dwellings are explicitly exempt under Section 87-1-1, so tenants in larger multi-family buildings generally have stronger grounds to raise fire-code compliance concerns. Tenants who believe their building does not meet applicable fire safety standards may consider contacting their local fire marshal's office, a tenant-rights organization, or reviewing the NFPA standards incorporated by reference into this rule.
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