West Virginia Code of State Rules Agency 188 - Capitol Building Commission
1. Overview of the Capitol Building Commission
A. Purpose and Authority
The Capitol Building Commission is responsible for the preservation, improvement, and maintenance of the West Virginia State Capitol building and grounds. It ensures that the Capitol Complex remains functional, accessible, and well-maintained for legislative use and the public.
The Commission has the authority to:
Manage the Capitol Complex, including buildings and grounds.
Oversee renovation, restoration, and construction projects.
Approve designs for new structures or improvements.
Allocate funds for preservation and maintenance activities.
2. Key Provisions of Agency 188 – Capitol Building Commission
A. Establishment and Membership
The Capitol Building Commission is composed of several key members:
Governor of West Virginia (or a designee)
Secretary of State
Attorney General
State Treasurer
Other appointed members who provide expertise in architecture, construction, or historical preservation.
These individuals collectively ensure that the Capitol Building and surrounding properties are maintained with historical sensitivity, functionality, and safety in mind.
B. Functions of the Commission
The Commission is responsible for making decisions on:
Building repairs: Whether the building requires structural repairs, upgrades, or minor fixes.
Renovations: Planning and approval of any renovations to preserve the Capitol's historic integrity while making it usable for modern purposes.
Landscape maintenance: Ensuring that the grounds around the Capitol are properly maintained, including gardens, parking lots, and pathways.
Security measures: The Commission has some authority in implementing security systems and ensuring that the building remains secure for both officials and the public.
The Commission is authorized to create plans for major construction projects or enhancements that align with the Capitol’s historical significance and its role in state governance.
3. Administrative Procedures Under Agency 188
A. Rulemaking and Authority
Under Agency 188, the Capitol Building Commission has the authority to promulgate rules related to:
Operations of the Capitol Complex.
Approval processes for construction or renovation projects.
Maintenance guidelines for ensuring the building's long-term sustainability.
The Commission follows state law procedures for rulemaking, ensuring that proposed changes to the rules are subject to public comment and approval from the West Virginia Secretary of State's office.
B. Approvals and Budgeting
One of the Commission’s primary duties is to review and approve the budget proposals for maintenance and construction projects related to the Capitol Complex. The CBC ensures that funds are appropriately allocated for:
Renovation costs (if the building needs repairs or updates).
Construction projects (new buildings or additions to the Capitol Complex).
Routine maintenance (landscaping, security, utilities, etc.).
The Commission has some discretion over how funding is distributed and must be mindful of fiscal responsibility.
4. Preservation and Restoration Efforts
Given the historical significance of the West Virginia Capitol, the CBC focuses on preserving its architectural features. This includes:
Historical integrity: Ensuring that any changes to the Capitol Complex do not negatively affect its historical significance.
Restoration projects: Sometimes the Commission will approve detailed plans to restore specific elements of the building that have degraded over time, such as artwork, statues, or the structure of the building itself.
Architectural reviews: Before any new construction or renovation, the Commission often requires input from architectural experts, ensuring that any work aligns with the Capitol’s aesthetic and historical value.
5. Regulations on Usage of Capitol Grounds and Facilities
Agency 188 also regulates the use of Capitol grounds. This involves:
Permitting events: The Commission sets rules for how the Capitol Complex can be used for public events, ceremonies, or gatherings.
Access control: Managing access to the building, especially for people attending legislative sessions, public hearings, or other state functions.
Public safety: Setting guidelines for ensuring the safety of the public while on Capitol grounds.
6. West Virginia Case Law Relevant to Agency 188
While specific case law regarding the Capitol Building Commission may not be numerous, the general principles applied to state agencies in West Virginia are useful in understanding its functions. Here are some examples of how courts might interpret the Commission's authority:
A. Chevron Deference
In general, West Virginia courts tend to give deference to agency interpretations of rules and regulations that they are responsible for administering. This means the Capitol Building Commission’s rules will generally be upheld by the courts unless they are found to be arbitrary or capricious.
B. Public Access and Use of Public Buildings
West Virginia courts have ruled on the right of citizens to access government buildings and facilities. In some cases, the courts have emphasized that the state must balance public access with security and preservation. For example:
The Capitol Building Commission has the right to restrict or control access to certain parts of the Capitol Complex to protect its historical integrity and ensure safety.
Courts are likely to uphold such restrictions as long as they serve the public interest and do not violate constitutional rights.
7. Enforcement and Compliance
The Capitol Building Commission enforces its rules by:
Monitoring contractors to ensure they follow approved plans during construction or renovation.
Inspecting facilities regularly to maintain building codes and safety standards.
Collaborating with other agencies to manage the security and functionality of the Capitol Complex.
If there are violations of the rules set by the Commission, enforcement can include:
Fines or penalties for non-compliance with regulations.
Mandating corrective actions to fix violations or breaches.
Revoking permits for events that do not follow proper procedures.
8. Conclusion
The Capitol Building Commission plays an essential role in managing and maintaining the West Virginia State Capitol and surrounding grounds. Through Agency 188, the Commission enacts rules that cover a wide range of duties, from overseeing construction and preservation projects to ensuring that the Capitol is safe, secure, and accessible. The Commission’s role ensures that the Capitol remains a functional and historically significant building that serves the state government and the people of West Virginia.
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