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Charleston, WV Building Safety: Building Inspections (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Who may inspect
Code official or designated assistant
When entry allowed
Reasonable times, with permission
If refused
City seeks municipal court warrant
Legal standard
Probable cause, W.Va. Const. Art. III §6
Enacted
Bill No. 7031, March 1 2004

Summary

The City of Charleston's code official can enter buildings and structures at reasonable times to conduct building-code inspections once granted permission, and can seek a municipal court search warrant if an owner refuses entry.

Upon presentation of proper credentials, the code official of the city or his or her assistant or designee, may, where permission is granted, enter at reasonable times any building, structure or premises in the city to perform any duty imposed on him by the building code. If any owner, occupant or other person in charge of a building...fails or refuses to permit free access and entry..., the code official...may apply to the municipal judge for a warrant of search to conduct an inspection.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).

Full Breakdown

Under Sec. 14-1 of the Charleston Code, the code official or a designated assistant may, after presenting proper credentials, enter any building, structure, or premises in the city at reasonable times to perform duties required by the building code, provided permission is granted. If an owner, occupant, or other responsible person refuses entry, the code official cannot force the door: the city must apply to the municipal judge for a warrant of search, which may issue only on a showing of probable cause under Article III, Section 6 of the West Virginia Constitution.

Violations & Fines

No inspection without permission or a warrant: refusal doesn't trigger an automatic fine; the code official must obtain a municipal court search warrant based on probable cause before entering.

Frequently Asked Questions

Can a Charleston building inspector enter my home without permission?
Not without consent. Under Sec. 14-1, the code official must apply to the municipal judge for a search warrant, which can only issue on a showing of probable cause under the West Virginia Constitution.
What can a code official inspect under this rule?
Any building, structure, or premises in Charleston, to perform any duty the city's building code assigns, such as verifying construction, occupancy, or maintenance complies with adopted codes.

Sources & Official References

Other rules in Charleston

All Charleston rules

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