W. Va. C.S.R. § 87-4-1 et seq. § §87-4-3
Conflicts
Operative Text
§87-4-3. Conflicts. 3.1. Whenever there is a conflict between the State Fire Code and the State Building Code, the State Fire Code takes precedence. 3.2. Whenever there is a conflict between the International Plumbing Code requirements of the State Building Code and the rules of the West Virginia State Department of Health and Human Resources, the rules of the Department of Health and Human Resources take precedence. 3.3. Whenever there is a conflict between the State Building Code and statutory laws of the State of West Virginia, the laws of the State of West Virginia take precedence.
W. Va. C.S.R. § 87-4-3 establishes a clear hierarchy for resolving conflicts among overlapping codes and laws in West Virginia. When the State Fire Code clashes with the State Building Code, the Fire Code wins out. When plumbing requirements in the State Building Code conflict with rules from the Department of Health and Human Resources, the DHHR rules govern, and when the State Building Code conflicts with West Virginia statutory law, the statutes take precedence.
Plain English — not legal advice.
Property owners and managers operating in West Virginia should be aware that § 87-4-3 sets a priority order when different codes appear to require different things. A compliant operator generally consults the State Fire Code first in any fire-safety dispute with the Building Code, defers to DHHR rules on plumbing matters when they diverge from the Building Code, and treats West Virginia statutes as the ultimate authority over the Building Code. Staying current with all three layers of regulation helps avoid situations where following one code inadvertently creates a violation under a higher-priority authority.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 87-4-3, tenants benefit from knowing that West Virginia's regulatory framework has built-in tiebreakers that can affect the safety and habitability standards applied to their homes. If a housing inspection or complaint involves overlapping code requirements — for example, a fire-safety issue or a plumbing concern — the outcome may depend on which code takes precedence under this provision. Tenants who believe a property is not meeting applicable standards can raise concerns with local code enforcement, contact the West Virginia DHHR for plumbing-related health issues, or reach out to a tenant-rights organization for guidance on available options.
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