W. Va. C.S.R. § 87-4-1 et seq. § §87-4-5
Fire Protection of Floors in Residential Buildings
Operative Text
§87-4-5. Fire Protection of Floors in Residential Buildings 5.1. New One and Two Family Dwellings over one level in height, New One and Two Family Dwellings containing a basement, and New One and Two Family Dwellings containing a crawl space containing a fuel burning appliance below the first floor, shall provide one of the following methods for fire protection of floors: (1) A 1/2 inch (12.7 mm) gypsum wallboard membrane, 5/8 inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member; (2) Wood floor assemblies using dimension lumber or structural composite lumber equal or greater than 2 inch by 10 inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance; or (3) An Automatic Fire Sprinkler System as set forth in section R313.1 or R313.2 of the 2015 edition of the International Residential Code for One and Two Family Dwellings: Provided, That floor assemblies located directly over a space protected by an automatic sprinkler system as set forth in section R313.1 or R313.2 of the 2015 edition of the International Residential Code for One and Two Family Dwellings are exempt from this requirement. 5.2. Townhouses meeting the Fire-Resistant Construction Standard R302.2 will be treated as New One- and Two-Family Dwellings and shall comply with Section 5.1 above.
W. Va. C.S.R. § 87-4-5 establishes fire protection requirements for floors in certain new residential buildings in West Virginia. New one- and two-family dwellings that are more than one story, contain a basement, or have a crawl space with a fuel-burning appliance below the first floor must use one of three approved methods: a qualifying membrane on the underside of floor framing, sufficiently sized lumber or approved floor assemblies, or an automatic fire sprinkler system meeting the referenced IRC standards. Townhouses that meet the fire-resistant construction standard R302.2 are treated the same as one- and two-family dwellings under this rule. Floor assemblies located directly over a sprinkler-protected space are exempt from the requirement.
Plain English — not legal advice.
Builders and property owners constructing new one- and two-family dwellings or qualifying townhouses in West Virginia should be aware that § 87-4-5 mandates a specific floor fire-protection method when the structure is multi-story, includes a basement, or has a crawl space with a fuel-burning appliance. Compliant projects typically incorporate one of the three enumerated approaches — an approved membrane, qualifying dimensional lumber or equivalent floor assembly, or an IRC-referenced automatic sprinkler system — before construction is finalized. Operators building over a sprinkler-protected space may qualify for the exemption, and documenting that protection is generally part of the permitting and inspection record.
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. § 87-4-5 sets baseline fire-safety standards for floors in new one- and two-family dwellings and qualifying townhouses, which can be relevant to renters living in recently constructed homes. If a tenant has concerns that a new residential building may not have been built with the required floor fire protection, they may raise the issue with local building or fire code enforcement authorities in West Virginia. Tenant-rights organizations or housing advocacy groups can help residents understand how this construction standard intersects with habitability rights and what complaint or inspection processes may be available.
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.
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References In
Rules and statutes that cite this regulation