Elkins Undecided On Building Permits
By ANTHONY GAYNOR, Staff WriterElkins City Council still has not reached a decision on new building and demolition permits even after Elkins building inspectors made a presentation explaining the reasoning behind the process. The inspectors spoke just before the council meeting Thursday night.
"We wanted to modify the building permits because we need more information on the applications," Elkins Building Inspector Ron Selders said.
The new process will cover residential and commercial building and demolition permits. Selders created a frequently asked questions sheet which addresses, among other things, homeowners' role in repair work. According to the sheet, homeowners can work on their homes but all work must meet applicable building codes and electrical work will have to meet the National Electrical Code.
If the homeowner is not doing the work, the sheet states a licensed West Virginia contractor must do any work that exceeds $2,500 in labor and materials. If the work is less than $2,500, the person doing the work must have a "Handy Man License" issued by the West Virginia Department of Labor.
Elkins Building Inspector John Hemple said the new permits do not change anything that has been in place since 1990.
"It does not in anyway change volunteer work," Selders said.
Hemple said even if a volunteer is doing the work, there still needs to be a certified electrician, plumber or contract sign off on the project to ensure it meets the standards.
Councilman Carman Metheny, 3rd Ward, continued Thursday to voice his objections to the building permits saying it limits the right of the homeowners to chose who does the work on their home.
"They (homeowners) have the right to choose who does their work as long as they meet state code," Selders said.
Metheny said the permits will overregulate people. One section of the new permit guidelines states that anyone doing the work for profit must have a city business permit. Metheny said there are eight major contractors who do work inside city limits without the permits and therefore do not pay business and occupation tax. Metheny's list included J.F. Allen, Central Supply, Lyon's Excavating, Tully Electric and Southern West Virginia Paving, all of whom do work for the city and do not have a permit.
"If we do not restrict ourselves why do we want to put it on the residents?" Metheny said. "We need to clean our own house first."
Selders said he has never signed a building permit for J.F. Allen.
Elkins Councilman Rob Beckwith said, "What Carman is saying is we are giving these companies millions of dollars but we cannot allow a lady in Bridgewater to put a roof on her house with people she wants to use."
Metheny said that if the city is going to enforce this and the county will not, then it will drive people outside the city.
"I really think the citizens of the community are getting tired of regulations being stuffed down their throat," Metheny said. "I am starting to see why people do not want to be annexed into the corporate limits."
Beckwith said, "Something has to change. We are taking the privilege away from people at choosing who can do their work."
Hemple said the city has been operating under a building code since 1940 with the assumption of keeping people safe.
Metheny responded that the city cannot protect everyone from everything.
"I am tired of seeing overregulation from the government," Metheny said.
Selders reassured the councilman that a homeowner can do his or her own work or another person can be hired.
"If the work is under $800, anyone can do it," Selders said.
Councilman Tom Hensil said the fees are what need to be changed.
"Before we go forward with this, we need to get our ducks in a row and rewrite our ordinances," Hensil said.
Metheny agreed saying, "I think we need to sit down and start going over things."
During the meeting, Mayor Judy Guye asked for a motion to bring the approval of the permits off the table, but no one made a motion. The permits will remain on the table until a later meeting.
In other City Council action:
- Council approved the second and final reading of an ordinance to prevent the cruel and inhumane treatment of dogs by tethering.
- The second and final reading of an ordinance between the city of Elkins and Randolph County Commission for the implementation of 911 mapping was approved.
- Council approved the purchase and financing of a new truck for the Street Department to replace one that was wrecked earlier this year.
