West Virginia legislation · 2026 Regular Session
West Virginia HB5403: Relating to fire safety requirements for agritourism businesses.
Status: Introduced, February 10, 2026
What the bill says
To amend and reenact §19-36-5 of the Code of West Virginia, 1931, as amended, relating to the agritourism responsibility act; and providing fire safety requirements for agritourism businesses. ARTICLE 36. AGRITOURISM RESPONSIBILITY ACT. §19-36-5. Maintenance of property status for certain purposes; exceptions. (a) Notwithstanding any provision of this code to the contrary, the occurrence of agritourism does not change the nature or use of property that otherwise qualifies as agricultural for building code, zoning, or property tax classification purposes. (b) An agritourism business may.
From the introduced text, February 10, 2026:
A BILL to amend and reenact §19-36-5 of the Code of West Virginia, 1931, as amended, relating to the agritourism responsibility act; and providing fire safety requirements for agritourism businesses. ARTICLE 36. AGRITOURISM RESPONSIBILITY ACT. §19-36-5. Maintenance of property status for certain purposes; exceptions. (a) Notwithstanding any provision of this code to the contrary, the occurrence of agritourism does not change the nature or use of property that otherwise qualifies as agricultural for building code, zoning, or property tax classification purposes. (b) An agritourism business may use certain of its facilities for occasional events without complying with building and fire codes applicable to structures used for such purposes on a full-time basis if such facilities are deemed structurally sound and otherwise safe for the intended use.: Provided, That the following facilities shall not be eligible for exemption from CSR 87-01: (1) Educational facilities other than those used for incidental use such as field trips, club meetings and day trips; (2) Daycare facilities; (3) Correctional facilities; (4) Health care or medical treatment facilities; and (5) Sleeping and lodging facilities. (c) An eligible agritourism business involving fully enclosed permitted buildings shall provide the following minimum fire safety provided that Barn-style doors may be used as exits only if they remain unlocked and functional when the building is occupied; (2) Exit signs that …