The Virginia Uniform Statewide
Building Code, Part I, Construction, may be cited as the
Virginia Construction Code or as the VCC. The term
"USBC" shall mean the VCC unless the context in which
the term is used clearly indicates it to be an abbreviation
for the entire Virginia Uniform Statewide Building Code
or for a different part of the Virginia Uniform Statewide
Building Code.
Note: This code is also known as the 2015 edition of
the USBC due to the use of the 2015 editions of the
model codes.
Chapters 2 - 35 of the
2015 International Building Code, published by the
International Code Council, Inc., are adopted and
incorporated by reference to be an enforceable part of the
USBC. The term "IBC" means the 2015 International
Building Code, published by the International Code
Council, Inc. Any codes and standards referenced in the
IBC are also considered to be part of the incorporation by
reference, except that such codes and standards are used
only to the prescribed extent of each such reference. In
addition, any provisions of the appendices of the IBC
specifically identified to be part of the USBC are also
considered to be part of the incorporation by reference.
Note 1: The IBC references other International Codes
and standards including the following major codes:
Note 2: The IRC is applicable to the construction of detached one-family and two-family dwellings and townhouses as set out in Section 310.
2015 International Plumbing Code (IPC)
2015 International Mechanical Code (IMC)
2014 NFPA 70
2015 International Fuel Gas Code (IFGC)
2015 International Energy Conservation Code (IECC)
2015 International Residential Code (IRC)
2015 International Mechanical Code (IMC)
2014 NFPA 70
2015 International Fuel Gas Code (IFGC)
2015 International Energy Conservation Code (IECC)
2015 International Residential Code (IRC)
Note 2: The IRC is applicable to the construction of detached one-family and two-family dwellings and townhouses as set out in Section 310.
A dual numbering system is
used in the USBC to correlate the numbering system of
the Virginia Administrative Code with the numbering
system of the IBC. IBC numbering system designations
are provided in the catchlines of the Virginia
Administrative Code sections. Cross references between
sections or chapters of the USBC use only the IBC
numbering system designations. The term "chapter" is
used in the context of the numbering system of the IBC
and may mean a chapter in the USBC, a chapter in the IBC
or a chapter in a referenced code or standard, depending
on the context of the use of the term. The term "chapter"
is not used to designate a chapter of the Virginia
Administrative Code, unless clearly indicated.
The USBC is
comprised of the combination of (i) the provisions of
Chapter 1, Administration, which are established herein;
(ii) Chapters 2 - 35 of the IBC, which are incorporated by
reference in Section 101.2; and (iii) the changes to the text
of the incorporated chapters of the IBC that are
specifically identified. The terminology "changes to the
text of the incorporated chapters of the IBC that are
specifically identified" shall also be referred to as the
"state amendments to the IBC." Such state amendments to
the IBC are set out using corresponding chapter and
section numbers of the IBC numbering system. In
addition, since Chapter 1 of the IBC is not incorporated as
part of the USBC, any reference to a provision of Chapter
1 of the IBC in the provisions of Chapters 2 - 35 of the
IBC is generally invalid. However, where the purpose of
such a reference would clearly correspond to a provision
of Chapter 1 established herein, then the reference may be
construed to be a valid reference to such corresponding
Chapter 1 provision.
The provisions of
this code shall be used as follows:
- The term "this code," or "the code," where used in the provisions of Chapter 1, in Chapters 2 - 35 of the IBC or in the state amendments to the IBC, means the USBC, unless the context clearly indicates otherwise.
- The term "this code" or "the code," where used in a code or standard referenced in the IBC, means that code or standard, unless the context clearly indicates otherwise.
- The use of notes in Chapter 1 is to provide information only and shall not be construed as changing the meaning of any code provision.
- Notes in the IBC, in the codes and standards referenced in the IBC, and in the state amendments to the IBC, may modify the content of a related provision and shall be considered to be a valid part of the provision, unless the context clearly indicates otherwise.
The provisions of this code
shall be used as follows:
- The provisions of Chapter 1 of this code supersede any provisions of Chapters 2 - 35 of the IBC that address the same subject matter and impose differing requirements.
- The provisions of Chapter 1 of this code supersede any provisions of the codes and standards referenced in the IBC that address the same subject matter and impose differing requirements.
- The state amendments to the IBC supersede any provisions of Chapters 2 - 35 of the IBC that address the same subject matter and impose differing requirements.
- The state amendments to the IBC supersede any provisions of the codes and standards referenced in the IBC that address the same subject matter and impose differing requirements.
- The provisions of Chapters 2 - 35 of the IBC supersede any provisions of the codes and standards referenced in the IBC that address the same subject matter and impose differing requirements.
The provisions of
Chapter 1 establish administrative requirements, which
include but are not limited to provisions relating to the
scope of the code, enforcement, fees, permits, inspections
and disputes. Any provisions of Chapters 2 - 35 of the IBC
or any provisions of the codes and standards referenced in
the IBC that address the same subject matter and impose
differing requirements are deleted and replaced by the
provisions of Chapter 1. Further, any administrative
requirements contained in the state amendments to the
IBC shall be given the same precedence as the provisions
of Chapter 1. Notwithstanding the above, where
administrative requirements of Chapters 2 - 35 of the IBC
or of the codes and standards referenced in the IBC are
specifically identified as valid administrative
requirements in Chapter 1 of this code or in the state
amendments to the IBC, then such requirements are not
deleted and replaced.
Note: The purpose of this provision is to eliminate
overlap, conflicts and duplication by providing a
single standard for administrative, procedural and
enforcement requirements of this code.
The definitions of terms used in this
code are contained in Chapter 2 along with specific
provisions addressing the use of definitions. Terms may
be defined in other chapters or provisions of the code and
such definitions are also valid.
Note: The order of precedence outlined in Section
101.6 may be determinative in establishing how to apply the definitions in the IBC and in the referenced
codes and standards.
In accordance with Section 36-99 of the
Code of Virginia, the purpose of the USBC is to protect
the health, safety and welfare of the residents of the
Common wealth of Virginia, provided that buildings and
structures should be permitted to be constructed at the
least possible cost consistent with recognized standards of
health, safety, energy conservation and water
conservation, including provisions necessary to prevent
overcrowding, rodent or insect infestation, and garbage
accumulation; and barrier-free provisions for the
physically handicapped and aged.
This section establishes the scope of the
USBC in accordance with Section 36-98 of the Code of
Virginia. The USBC shall supersede the building codes
and regulations of the counties, municipalities and other
political subdivisions and state agencies. This code also
shall supersede the provisions of local ordinances
applicable to single-family residential construction that (i)
regulate dwelling foundations or crawl spaces; (ii) require
the use of specific building materials or finishes in
construction; or (iii) require minimum surface area or
numbers of windows; however, this code shall not
supersede proffered conditions accepted as a part of a
rezoning application, conditions imposed upon the grant
of special exceptions, special or conditional use permits or
variances, conditions imposed upon a clustering of single-family
homes and preservation of open space
development through standards, conditions, and criteria
established by a locality pursuant to subdivision 8 of
Section 15.2-2242 of the Code of Virginia or Section 15.2-2286.1 of the Code of Virginia, or land use requirements
in airport or highway overlay districts, or historic districts
created pursuant to Section 15.2-2306 of the Code of
Virginia, or local flood plain regulations adopted as a
condition of participation in the National Flood Insurance
Program.
Note: Requirements relating to functional design are
contained in Section 103.10 of this code.
To the extent that
any provisions of this code are in conflict with
Chapter 6 (Section 36-97 et seq.) of Title 36 of the
Code of Virginia or in conflict with the scope of the
USBC, those provisions are considered to be invalid
to the extent of such conflict.
The following are exempt from this
code:
- Equipment and wiring used for providing utility,
communications, information, cable television, broadcast or radio service in accordance with all
of the following conditions:
- The equipment and wiring are located on either rights-of-way or property for which the service provider has rights of occupancy and entry.
- Buildings housing exempt equipment and wiring shall be subject to the USBC.
- The equipment and wiring exempted by this section shall not create an unsafe condition prohibited by the USBC.
- Support structures owned or controlled by a
provider of publicly regulated utility service or
its affiliates for the transmission and distribution
of electric service in accordance with all of the
following conditions:
- The support structures are located on either rights-of-way or property for which the service provider has rights of occupancy and entry.
- The support structures exempted by this section shall not create an unsafe condition prohibited by the USBC.
- Direct burial poles used to support equipment or wiring providing communications, information or cable television services. The poles exempted by this section shall not create an unsafe condition prohibited by the USBC.
- Electrical equipment, transmission equipment,
and related wiring used for wireless transmission
of radio, broadcast, telecommunications, or
information service in accordance with all of the
following conditions:
- Manufacturing, processing, and product
handling machines and equipment that do not
produce or process hazardous materials regulated
by this code, including those portions of
conveyor systems used exclusively for the
transport of associated materials or products, and
all of the following service equipment:
- Electrical equipment connected after the last disconnecting means.
- Plumbing piping and equipment connected after the last shutoff valve or backflow device and before the equipment drain trap.
- Gas piping and equipment connected after the outlet shutoff valve.
Manufacturing and processing machines that produce or process hazardous materials regulated by this code are only required to comply with the code provisions regulating the hazardous materials. - Parking lots and sidewalks, that are not part of an accessible route.
- Nonmechanized playground or recreational equipment such as swing sets, sliding boards, climbing bars, jungle gyms, skateboard ramps, and similar equipment where no admission fee is charged for its use or for admittance to areas where the equipment is located.
- Industrialized buildings subject to the Virginia Industrialized Building Safety Regulations (13VAC5-91) and manufactured homes subject to the Virginia Manufactured Home Safety Regulations (13VAC5-95); except as provided for in Section 427 and in the case of demolition of such industrialized buildings or manufactured homes.
- Farm buildings and structures, except for a building or a portion of a building located on a farm that is operated as a restaurant as defined in Section 35.1-1 of the Code of Virginia and licensed as such by the Virginia Board of Health pursuant to Chapter 2 (Section 35.1-11 et seq.) of Title 35.1 of the Code of Virginia. However, farm buildings and structures lying within a flood plain or in a mudslide-prone area shall be subject to flood-proofing regulations or mudslide regulations, as applicable.
- Federally owned buildings and structures unless federal law specifically requires a permit from the locality. Underground storage tank installations, modifications and removals shall comply with this code in accordance with federal law.
- Off-site manufactured intermodal freight containers, moving containers, and storage containers placed on site temporarily or permanently for use as a storage container.
- Automotive lifts.
In accordance with Section 36-99 of the
Code of Virginia, the USBC shall prescribe building
regulations to be complied with in the construction and
rehabilitation of buildings and structures, and the
equipment therein.
Part II of
the Virginia Uniform Statewide Building Code, also
known as the "Virginia Existing Building Code," or
the "VEBC," is applicable to construction and
rehabilitation activities in existing buildings and
structures, as those terms are defined in the VEBC,
except where specifically addressed in the VCC.
Construction for which a permit application is submitted
to the local building department on or after the effective
date of the 2015 edition of the code shall comply with the
provisions of this code, except for permit applications
submitted during a 1-year period beginning on the
effective date of the 2015 edition of the code. The
applicant for a permit during such 1-year period shall be
permitted to choose whether to comply with the
provisions of this code or the provisions of the edition of
the code in effect immediately prior to the 2015 edition.
This provision shall also apply to subsequent amendments
to this code based on the effective date of such
amendments. In addition, when a permit has been properly
issued under a previous edition of this code, this code shall
not require changes to the approved construction
documents, design or construction of such a building or
structure, provided the permit has not been suspended or
revoked.
The following criteria for nonrequired equipment are in accordance with Section 36-103 of the Code of Virginia. Building owners may elect to install partial or full fire alarms or other safety equipment that was not required by the edition of the USBC in effect at the time a building was constructed without meeting current requirements of the code, provided the installation does not create a hazardous condition. Permits for installation shall be obtained in accordance with this code. In addition, as a requirement of this code, when such nonrequired equipment is to be installed, the building official shall notify the appropriate fire official or fire chief.
When a
nonrequired fire protection system is to be reduced in
function or discontinued, it shall be done in such a
manner so as not to create a false sense of protection.
Generally, in such cases, any features visible from
interior areas shall be removed, such as sprinkler
heads, smoke detectors or alarm panels or devices,
but any wiring or piping hidden within the
construction of the building may remain. Approval of
the proposed method of reduction or discontinuance
shall be obtained from the building official.
The following provisions of the IBC and of other indicated
codes or standards are to be considered valid provisions of
this code. Where any such provisions have been modified
by the state amendments to the IBC, then the modified
provisions apply.
- Special inspection requirements in Chapters 2 - 35.
- Testing requirements and requirements for the submittal of construction documents in any of the ICC codes referenced in Chapter 35 and in the IRC.
- Section R301.2 of the IRC authorizing localities to determine climatic and geographic design criteria.
- Flood load or flood-resistant construction requirements in the IBC or the IRC, including, but not limited to, any such provisions pertaining to flood elevation certificates that are located in Chapter 1 of those codes. Any required flood elevation certificate pursuant to such provisions shall be prepared by a land surveyor licensed in Virginia or an RDP.
- Section R101.2 of the IRC.
- Section N1102.1 of the IRC and Sections C402.1.1 and R402.1 of the IECC.
The following criteria for
functional design is in accordance with Section 36-98 of
the Code of Virginia. The USBC shall not supersede the
regulations of other state agencies that require and govern
the functional design and operation of building related
activities not covered by the USBC, including but not
limited to (i) public water supply systems; (ii) waste water
treatment and disposal systems; and (iii) solid waste
facilities. Nor shall state agencies be prohibited from
requiring, pursuant to other state law, that buildings and
equipment be maintained in accordance with provisions of
this code. In addition, as established by this code, the
building official may refuse to issue a permit until the
applicant has supplied certificates of functional design
approval from the appropriate state agency or agencies.
For purposes of coordination, the locality may require
reports to the building official by other departments or
agencies indicating compliance with their regulations
applicable to the functional design of a building or
structure as a condition for issuance of a building permit
or certificate of occupancy. Such reports shall be based
upon review of the plans or inspection of the project as
determined by the locality. All enforcement of these
conditions shall not be the responsibility of the building
official, but rather the agency imposing the condition.
Note: Identified state agencies with functional design
approval are listed in the "Related Laws Package,"
which is available from the Virginia Department of Housing and Community Development (DHCD).
In
accordance with Section 36-98.3 of the Code of Virginia,
to the extent they are not superseded by the provisions of
Section 36-98.3 of the Code of Virginia and the VADR,
the provisions of the USBC shall apply to amusement
devices. In addition, as a requirement of this code,
inspections for compliance with the VADR shall be
conducted either by local building department personnel
or private inspectors provided such persons are certified
as amusement device inspectors under the VCS.
This section
establishes the application of the USBC to state-owned
buildings and structures in accordance with Section 36-98.1 of the Code of Virginia. The USBC shall be
applicable to all state-owned buildings and structures,
with the exception that Sections 2.2-1159 through 2.2-1161 of the Code of Virginia shall provide the standards
for ready access to and use of stateowned buildings by
the physically handicapped.
Any state-owned building or structure or
building built on state-owned property for which
preliminary plans were prepared or on which construction
commenced after the initial effective date of the USBC,
shall remain subject to the provisions of the USBC that
were in effect at the time such plans were completed or
such construction commenced. Subsequent
reconstruction, renovation or demolition of such building
or structure shall be subject to the pertinent provisions of
this code.
Acting through the Division of Engineering and
Buildings, the Virginia Department of General Services
shall function as the building official for state-owned
buildings. The department shall review and approve plans
and specifications, grant modifications, and establish such
rules and regulations as may be necessary to implement
this section. It shall provide for the inspection of state-owned
buildings and enforcement of the USBC and
standards for access by the physically handicapped by
delegating inspection and USBC enforcement duties to the
State Fire Marshal's Office, to other appropriate state
agencies having needed expertise, and to local building
departments, all of which shall provide such assistance
within a reasonable time and in the manner requested.
State agencies and institutions occupying buildings shall
pay to the local building department the same fees as
would be paid by a private citizen for the services rendered
when such services are requested by the department. The
department may alter or overrule any decision of the local
building department after having first considered the local
building department's report or other rationale given for
its decision. When altering or overruling any decision of a
local building department, the department shall provide
the local building department with a written summary of
its reasons for doing so.
Notwithstanding any provision of this code to the
contrary, roadway tunnels and bridges owned by the
Virginia Department of Transportation shall be exempt
from this code. The Virginia Department of General
Services shall not have jurisdiction over such roadway
tunnels, bridges and other limited access highways;
provided, however, that the Department of General
Services shall have jurisdiction over any occupied
buildings within any Department of Transportation rights-of-way
that are subject to this code.
Except as provided in subdivision E of Section
23.1-1016 of the Code of Virginia, and notwithstanding
any provision of this code to the contrary, at the request of
a public institution of higher education, the Virginia
Department of General Services, as further set forth in this
provision, shall authorize that institution of higher
education to contract with a building official of the
locality in which the construction is taking place to
perform any inspection and certifications required for the
purpose of complying with this code. The department
shall publish administrative procedures that shall be
followed in contracting with a building official of the
locality. The authority granted to a public institution of
higher education under this provision to contract with a
building official of the locality shall be subject to the
institution meeting the conditions prescribed in
subdivision A of Section 23.1-1002 of the Code of
Virginia.
Note: In accordance with Section 36-98.1 of the Code
of Virginia, roadway tunnels and bridges shall be
designed, constructed and operated to comply with
fire safety standards based on nationally recognized
model codes and standards to be developed by the
Virginia Department of Transportation in
consultation with the State Fire Marshal. Emergency
response planning and activities related to the
standards shall be developed by the Department of
Transportation and coordinated with the appropriate
local officials and emergency service providers. On
an annual basis, the Department of Transportation
shall provide a report on the maintenance and
operability of installed fire protection and detection
systems in roadway tunnels and bridges to the State
Fire Marshal.
State enforcement personnel shall comply with the applicable requirements of Section 105 for
certification.
This section establishes the
requirements for enforcement of the USBC in accordance
with Section 36-105 of the Code of Virginia. Enforcement
of the provisions of the USBC for construction and
rehabilitation shall be the responsibility of the local
building department. Whenever a county or municipality
does not have such a building department, the local
governing body shall enter into an agreement with the
local governing body of another county or municipality or
with some other agency, or a state agency approved by
DHCD for such enforcement. For the purposes of this
section, towns with a population of less than 3,500 may
elect to administer and enforce the USBC; however,
where the town does not elect to administer and enforce
the code, the county in which the town is situated shall
administer and enforce the code for the town. In the event
such town is situated in two or more counties, those
counties shall administer and enforce the USBC for that
portion of the town situated within their respective
boundaries.
However, upon a finding by the local building
department, following a complaint by a tenant of a
residential dwelling unit that is the subject of such
complaint, that there may be a violation of the unsafe
structures provisions of Part III of the Virginia Uniform
Statewide Building Code, also known as the "Virginia
Maintenance Code," or the "VMC," the local building
department shall enforce such provisions.
If the local building department receives a
complaint that a violation of the VMC exists that is an
immediate and imminent threat to the health or safety of
the owner, tenant, or occupants of any building or
structure, or the owner, occupant, or tenant or any nearby
building or structure, and the owner, occupant, or tenant
of the building or structure that is the subject of the
complaint has refused to allow the local building official
or his agent to have access to the subject building or
structure, the local building official or his agent may make
an affidavit under oath before a magistrate or a court of
competent jurisdiction and request that the magistrate or
court grant the local building official or his agent an
inspection warrant to enable the building official or his
agent to enter the subject building or structure for the
purpose of determining whether violations of the VMC
exist. After issuing a warrant under this section, the
magistrate or judge shall file the affidavit in the manner
prescribed by Section 19.2-54 of the Code of Virginia.
After executing the warrant, the local building official or
his agents shall return the warrant to the clerk of the circuit
court of the city or county wherein the inspection was
made. The local building official or his agent shall make
a reasonable effort to obtain consent from the owner,
occupant, or tenant of the subject building or structure
prior to seeking the issuance of an inspection warrant
under this section.
The local governing body shall, however, inspect
and enforce the provisions of the VMC for elevators,
escalators and related conveyances, except for elevators in
single-family and two-family homes and townhouses.
Such inspection and enforcement shall be carried out by
an agency or department designated by the local
governing body.
When any inspection
functions under this code are assigned to a local agency
other than the local building department, such agency
shall coordinate its reports of inspection with the local
building department.
Every local
building department shall have a building official as the
executive official in charge of the department. The
building official shall be appointed in a manner selected
by the local governing body. After permanent
appointment, the building official shall not be removed
from office except for cause after having been afforded a
full opportunity to be heard on specific and relevant
charges by and before the appointing authority. DHCD
shall be notified by the appointing authority within 30
days of the appointment or release of a permanent or
acting building official.
Note: Building officials are subject to sanctions in
accordance with the VCS.
The
building official shall have at least 5 years of
building experience as a licensed professional
engineer or architect, building, fire or trade inspector,
contractor, housing inspector or superintendent of
building, fire or trade construction or at least 5
years of building experience after obtaining a degree
in architecture or engineering, with at least 3
years in responsible charge of work. Any
combination of education and experience that would
confer equivalent knowledge and ability shall be
deemed to satisfy this requirement. The building
official shall have general knowledge of sound
engineering practice in respect to the design and
construction of structures, the basic principles of fire
prevention, the accepted requirements for means of
egress and the installation of elevators and other
service equipment necessary for the health, safety and
general welfare of the occupants and the public. The
local governing body may establish additional
qualification requirements.
An acting
or permanent building official shall be certified as a
building official in accordance with the VCS within
1 year after being appointed as acting or permanent
building official.
Exception:
A building official in place prior to
April 1, 1983, shall not be required to meet the
certification requirements in this section while
continuing to serve in the same capacity in the
same locality.
Except for a
building official exempt from certification under the
exception to Section 105.1.2, any acting or permanent
building official who is not certified as a building
official in accordance with the VCS shall attend the
core module of the Virginia Building Code Academy
or an equivalent course in an individual or regional
code academy accredited by DHCD within 180 days
of appointment. This requirement is in addition to
meeting the certification requirement in Section
105.1.2.
Note: Continuing education and periodic
training requirements for DHCD certifications
are set out in the VCS.
The building official, subject
to any limitations imposed by the locality, shall be
permitted to utilize technical assistants to assist the
building official in the enforcement of the USBC. DHCD
shall be notified by the building official within 60 days of
the employment of, contracting with or termination of all
technical assistants.
Note: Technical assistants are subject to sanctions in
accordance with the VCS.
A
technical assistant shall have at least 3 years of
experience and general knowledge in at least one of
the following areas: building construction; building
construction conceptual and administrative
processes; building, fire or housing inspections;
plumbing, electrical or mechanical trades; or fire
protection, elevator or property maintenance work.
Any combination of education and experience that
would confer equivalent knowledge and ability shall
be deemed to satisfy this requirement. The locality
may establish additional qualification requirements.
A
technical assistant shall be certified in the appropriate
subject area within 18 months after becoming a
technical assistant. When required by local policy to
have two or more certifications, a technical assistant
shall obtain the additional certifications within 3
years from the date of such requirement.
Exceptions:
- A technical assistant in place prior to March 1, 1988, shall not be required to meet the certification requirements in this section while continuing to serve in the same capacity in the same locality.
- A permit technician in place prior to the effective date of the 2015 edition of the code shall not be required to meet the certification requirements in this section while continuing to serve in the same capacity in the same locality.
Note: Continuing education and periodic
training requirements for DHCD certifications
are set out in the VCS.
The standards of conduct for
building officials and technical assistants shall be in
accordance with the provisions of the State and Local
Government Conflict of Interests Act, Chapter 31 (Section
2.2-3100 et seq.) of Title 2.2 of the Code of Virginia.
The local building department shall retain
a record of applications received, permits, certificates,
notices and orders issued, fees collected and reports of
inspection in accordance with The Library of Virginia's
General Schedule Number Six.
The building
official shall enforce this code as set out herein and as
interpreted by the State Review Board.
The building official may
delegate powers and duties except where such authority is
limited by the local government. However, such
limitations of authority by the local government are not
applicable to the third-party inspector policy required by
Section 113.7.1 nor shall such limitations of authority by
the local government have the effect of altering the
provisions of this code or creating building regulations.
When such delegations are made, the building official
shall be responsible for assuring that they are carried out
in accordance with the provisions of this code.
Upon written
application by an owner or an owner's agent, the building
official may approve a modification of any provision of
the USBC provided the spirit and functional intent of the
code are observed and public health, welfare and safety
are assured. The decision of the building official
concerning a modification shall be made in writing and
the application for a modification and the decision of the
building official concerning such modification shall be
retained in the permanent records of the local building
department.
Note: The USBC references nationally recognized
model codes and standards. Future amendments to
such codes and standards are not automatically
included in the USBC; however the building official
should give them due consideration in deciding
whether to approve a modification.
The
building official may require or may consider a
statement from an RDP or other person competent in
the subject area of the application as to the
equivalency of the proposed modification. In
addition, the building official may require the
application to include construction documents sealed
by an RDP.
Compliance with
the provisions of a nationally recognized performance
code when approved as a modification shall be
considered to constitute compliance with this code.
All documents submitted as part of such
consideration shall be retained in the permanent
records of the local building department.
In accordance with
Section 36-105 of the Code of Virginia, fees may be levied
by the local governing body in order to defray the cost of
enforcement of the USBC.
Note: See subsection D of Section 36-105 of the Code
of Virginia for rules for permit fees involving
property with easements or liens.
The local governing body shall
establish a fee schedule incorporating unit rates,
which may be based on square footage, cubic footage,
estimated cost of construction or other appropriate
criteria. A permit or any amendments to an existing
permit shall not be issued until the designated fees
have been paid, except that the building official may
authorize the delayed payment of fees.
Fees for generators and associated wiring
used with amusement devices shall only be charged
under the Virginia Amusement Device Regulations
(13VAC5-31).
In accordance with
subdivision 7 of Section 36-137 of the Code of Virginia,
the local building department shall collect a 2.0-percent levy of
fees charged for permits issued under this code and
transmit it quarterly to DHCD to support training
programs of the Virginia Building Code Academy.
Localities that maintain individual or regional training
academies accredited by DHCD shall retain such levy.
Application for
a permit shall be made to the building official and a permit
shall be obtained prior to the commencement of any of the
following activities, except that applications for
emergency construction, alterations or equipment
replacement shall be submitted by the end of the first
working day that follows the day such work commences.
In addition, the building official may authorize work to
commence pending the receipt of an application or the
issuance of a permit.
- Construction or demolition of a building or structure. Installations or alterations involving (i) the removal or addition of any wall, partition or portion thereof; (ii) any structural component; (iii) the repair or replacement of any required component of a fire or smoke rated assembly; (iv) the alteration of any required means of egress system; (v) water supply and distribution system, sanitary drainage system or vent system; (vi) electric wiring; (vii) fire protection system, mechanical systems, or fuel supply systems; or (viii) any equipment regulated by the USBC.
- For change of occupancy, application for a permit shall be made when a new certificate of occupancy is required by the VEBC.
- Movement of a lot line that increases the hazard to or decreases the level of safety of an existing building or structure in comparison to the building code under which such building or structure was constructed.
- Removal or disturbing of any asbestos containing materials during the construction or demolition of a building or structure, including additions.
Notwithstanding the requirements of Section 108.1,
application for a permit and any related inspections shall
not be required for the following; however, this section
shall not be construed to exempt such activities from other
applicable requirements of this code. In addition, when an
owner or an owner's agent requests that a permit be issued
for any of the following, then a permit shall be issued and
any related inspections shall be required.
- Installation of wiring and equipment that (i) operates at less than 50 volts; (ii) is for broadband communications systems; (iii) is exempt under Section 102.3(1) or 102.3(4); or (iv) is for monitoring or automation systems in dwelling units, except when any such installations are located in a plenum, penetrate firerated or smoke-protected construction, or are a component of any of the following:
- Fire alarm system.
- Fire detection system.
- Fire suppression system.
- Smoke control system.
- Fire protection supervisory system.
- Elevator fire safety control system.
- Access or egress control system or delayed egress locking or latching system.
- Fire damper.
- Door control system.
- One-story detached structures used as tool and storage sheds, playhouses or similar uses, provided the building area does not exceed 256 square feet (23.78 m2) and the structures are not classified as a Group F-1 or H occupancy.
- Detached prefabricated buildings housing the equipment of a publicly regulated utility service, provided the floor area does not exceed 150 square feet (14 m2).
- Tents or air-supported structures, or both, that cover an area of 900 square feet (84 m2) or less, including within that area all connecting areas or spaces with a common means of egress or entrance, provided such tents or structures have an occupant load of 50 or less persons.
- Fences of any height, unless required for pedestrian safety, as provided for by Section 3306, or used for the barrier for a swimming pool.
- Concrete or masonry walls, provided such walls do not exceed 6 feet (1829 mm) in height above the finished grade. Ornamental column caps shall not be considered to contribute to the height of the wall and shall be permitted to extend above the 6 feet (1829 mm) height measurement.
- Retaining walls supporting less than 3 feet (914 mm) of unbalanced fill that are not constructed for the purpose of impounding Class I, II or III-A liquids or supporting a surcharge other than ordinary unbalanced fill.
- Swimming pools that have a surface area not greater than 150 square feet (13.95 m2), do not exceed 5,000 gallons (19 000 L) and are less than 24 inches (610 mm) deep.
- Signs under the conditions in Section H101.2 of Appendix H.
- Replacement of above-ground existing LP-gas containers of the same capacity in the same location and associated regulators when installed by the serving gas supplier.
- Flagpoles 30 feet (9144 mm) or less in height.
- Temporary ramps serving dwelling units in Group R-3 and R-5 occupancies where the height of the entrance served by the ramp is no more than 30 inches (762 mm) above grade.
- Construction work deemed by the building official to be minor and ordinary and which does not adversely affect public health or general safety.
- Ordinary repairs that include the following:
- Replacement of windows and doors with windows and doors of similar operation and opening dimensions that do not require changes to the existing framed opening and that are not required to be fire rated in Group R-2 where serving a single dwelling unit and in Groups R-3, R-4 and R-5.
- Replacement of plumbing fixtures and well pumps in all groups without alteration of the water supply and distribution systems, sanitary drainage systems or vent systems.
- Replacement of general use snap switches, dimmer and control switches, 125 volt-15 or 20 ampere receptacles, luminaries (lighting fixtures) and ceiling (paddle) fans in Group R-2 where serving a single dwelling unit and in Groups R-3, R-4 and R-5.
- Replacement of mechanical appliances provided such equipment is not fueled by gas or oil in Group R-2 where serving a single-family dwelling and in Groups R-3, R-4 and R-5.
- Replacement of an unlimited amount of roof covering or siding in Groups R-3, R-4 or R-5 provided the building or structure is not in an area where the nominal design wind speed is greater than 100 miles per hour (44.7 meters per second) and replacement of 100 square feet (9.29 m2) or less of roof covering in all groups and all wind zones.
- Replacement of 256 square feet (23.78 m2) or less of roof decking in Groups R-3, R-4 or R-5 unless the decking to be replaced was required at the time of original construction to be fire-retardant-treated or protected in some other way to form a fire-rated wall termination.
- Installation or replacement of floor finishes in all occupancies.
- Replacement of Class C interior wall or ceiling finishes installed in Groups A, E and I and replacement of all classes of interior wall or ceiling finishes in other groups.
- Installation or replacement of cabinetry or trim.
- Application of paint or wallpaper.
- Other repair work deemed by the building official to be minor and ordinary which does not adversely affect public health or general safety.
- Crypts, mausoleums, and columbaria structures not exceeding 1500 square feet (139.35 m2) in area if the building or structure is not for occupancy and used solely for the interment of human or animal remains and is not subject to special inspections.
- Billboard safety upgrades to add or replace steel catwalks, steel ladders, or steel safety cable.
Exceptions:
- Application for a permit may be required by the building official for the installation of replacement siding, roofing and windows in buildings within a historic district designated by a locality pursuant to Section 15.2-2306 of the Code of Virginia.
- Application for a permit may be required by the building official for any items exempted in this section which are located in a special flood hazard area.
Application for a permit shall be made by the owner or
lessee of the relevant property or the agent of either or by
the RDP, contractor or subcontractor associated with the
work or any of their agents. The full name and address of
the owner, lessee and applicant shall be provided in the
application. If the owner or lessee is a corporate body,
when and to the extent determined necessary by the
building official, the full name and address of the
responsible officers shall also be provided.
A permit application may be submitted by mail
and such permit applications shall be processed by mail,
unless the permit applicant voluntarily chooses otherwise.
In no case shall an applicant be required to appear in
person.
The building official may accept applications for
a permit through electronic submissions provided the
information required by this section is obtained.
In accordance
with Section 54.1-1111 of the Code of Virginia, any
person applying to the building department for the
construction, removal or improvement of any structure
shall furnish prior to the issuance of the permit either (i)
satisfactory proof to the building official that he is duly
licensed or certified under the terms of Chapter 11
(Section 54.1-1000 et seq.) of Title 54.1 of the Code of
Virginia to carry out or superintend the same; or (ii) file a
written statement, supported by an affidavit, that he is not
subject to licensure or certification as a contractor or
subcontractor pursuant to Chapter 11 of Title 54.1 of the
Code of Virginia. The applicant shall also furnish
satisfactory proof that the taxes or license fees required by
any county, city, or town have been paid so as to be
qualified to bid upon or contract for the work for which
the permit has been applied.
In accordance with Section 36-98.01 of the Code of Virginia, a building permit issued for any one- or two-family residential dwelling shall at the time of issuance contain, at the request of the applicant, the name, mailing address, and telephone number of the mechanics' lien agent as defined in Section 43-1 of the Code of Virginia. If the designation of a mechanics' lien agent is not so requested by the applicant, the building permit shall at the time of issuance state that none has been designated with the words "None Designated."
Note: In accordance with Section 43-4.01A of the
Code of Virginia, a permit may be amended after it
has been initially issued to name a mechanics' lien
agent or a new mechanics' lien agent.
The
application for a permit shall be submitted on a form or
forms supplied by the local building department. The
application shall contain a general description and
location of the proposed work and such other information
as determined necessary by the building official.
An application for a
permit may be amended at any time prior to the
completion of the work governed by the permit.
Additional construction documents or other records may
also be submitted in a like manner. All such submittals
shall have the same effect as if filed with the original
application for a permit and shall be retained in a like
manner as the original filings.
An application for
a permit for any proposed work shall be deemed to have
been abandoned 6 months after the date of filing unless
such application has been pursued in good faith or a permit
has been issued, except that the building official is
authorized to grant one or more extensions of time if a
justifiable cause is demonstrated.
Construction documents
shall be submitted with the application for a permit. The
number of sets of such documents to be submitted shall be
determined by the locality. Construction documents for
one- and two-family dwellings may have floor plans
reversed provided an accompanying site plan is approved.
Note: Information on the types of construction required to be designed by an RDP is included in the "Related Laws Package" available from DHCD.
Exception:
Construction documents do not need to
be submitted when the building official determines
the proposed work is of a minor nature.
Note: Information on the types of construction required to be designed by an RDP is included in the "Related Laws Package" available from DHCD.
When determined necessary by the
building official, a site plan shall be submitted with the
application for a permit. The site plan shall show to scale
the size and location of all proposed construction,
including any associated wells, septic tanks or drain fields.
The site plan shall also show to scale the size and location
of all existing structures on the site, the distances from lot
lines to all proposed construction, the established street
grades and the proposed finished grades. When
determined necessary by the building official, the site plan
shall contain the elevation of the lowest floor of any
proposed buildings. The site plan shall also be drawn in
accordance with an accurate boundary line survey. When
the application for a permit is for demolition, the site plan
shall show all construction to be demolished and the
location and size of all existing structures that are to
remain on the site.
Note: Site plans are generally not necessary for
alterations, renovations, repairs or the installation of
equipment.
When determined necessary
by the building official, construction documents shall
include adequate detail of the structural, mechanical,
plumbing or electrical components. Adequate detail may
include computations, stress diagrams or other essential
technical data and when proposed buildings are more than
two stories in height, adequate detail may specifically be
required to include where floor penetrations will be made
for pipes, wires, conduits, and other components of the
electrical, mechanical and plumbing systems and how
such floor penetrations will be protected to maintain the
required structural integrity or fire-resistance rating, or
both. All engineered documents, including relevant
computations, shall be sealed by the RDP responsible for
the design.
The building official
shall examine or cause to be examined all construction
documents or site plans, or both, within a reasonable time
after filing. If such documents or plans do not comply with
the provisions of this code, the permit applicant shall be
notified in writing of the reasons, which shall include any
adverse construction document review comments or
determinations that additional information or engineering
details need to be submitted. The review of construction
documents for new one- and two-family dwellings for
determining compliance with the technical provisions of
this code not relating to the site, location or soil conditions
associated with the dwellings shall not be required when
identical construction documents for identical dwellings
have been previously approved in the same locality under
the same edition of the code and such construction
documents are on file with the local building department.
The building official may accept reports from an
approved person or agency that the construction
documents have been examined and conform to the
requirements of the USBC and may establish
requirements for the person or agency submitting
such reports. In addition, where such reports have
been submitted, the building official may expedite the
issuance of the permit.
The
approval of construction documents shall be limited to
only those items within the scope of the USBC. Either the
word "Approved" shall be stamped on all required sets of
approved construction documents or an equivalent
endorsement in writing shall be provided. One set of the
approved construction documents shall be retained for the
records of the local building department and one set shall
be kept at the building site and shall be available to the
building official at all reasonable times.
The building official is
authorized to issue a permit for the construction of
foundations or any other part of a building or structure
before the construction documents for the whole building
or structure have been submitted, provided that adequate
information and detailed statements have been filed
complying with pertinent requirements of this code. The
holder of such permit for the foundation or other parts of
a building or structure shall proceed at the holder's own
risk with the building operation and without assurance that
a permit for the entire structure will be granted.
The building
official shall examine or cause to be examined all
applications for permits or amendments to such
applications within a reasonable time after filing. If the
applications or amendments do not comply with the
provisions of this code or all pertinent laws and
ordinances, the permit shall not be issued and the permit
applicant shall be notified in writing of the reasons for not
issuing the permit. If the application complies with the
applicable requirements of this code, a permit shall be
issued as soon as practicable. The issuance of permits
shall not be delayed in an effort to control the pace of
construction of new detached one- or two-family
dwellings.
Separate or combined permits
may be required for different areas of construction such as
building construction, plumbing, electrical, and
mechanical work, or for special construction as
determined appropriate by the locality. In addition,
permits for two or more buildings or structures on the
same lot may be combined. Annual permits may also be
issued for any construction regulated by this code. The
annual permit holder shall maintain a detailed record of all
alterations made under the annual permit. Such record
shall be available to the building official and shall be
submitted to the local building department if requested by
the building official.
In accordance with Section
36-99.7 of the Code of Virginia, the local building
department shall not issue a building permit allowing a
building for which an initial building permit was issued
before January 1, 1985, to be renovated or demolished
until the local building department receives certification
from the owner or his agent that the affected portions of
the building have been inspected for the presence of
asbestos by an individual licensed to perform such
inspections pursuant to Section 54.1-503 of the Code of
Virginia and that no asbestos-containing materials were
found or that appropriate response actions will be
undertaken in accordance with the requirements of the
Clean Air Act National Emission Standard for the
Hazardous Air Pollutant (NESHAPS) (40 CFR Part 61,
Subpart M), and the asbestos worker protection
requirements established by the U.S. Occupational Safety
and Health Administration for construction workers (29
CFR 1926.1101). Local educational agencies that are
subject to the requirements established by the
Environmental Protection Agency under the Asbestos
Hazard Emergency Response Act (AHERA) shall also
certify compliance with 40 CFR Part 763 and subsequent
amendments thereto.
To meet the inspection requirements above,
except with respect to schools, asbestos inspection of
renovation projects consisting only of repair or
replacement of roofing, floor-covering, or siding materials
may be satisfied by a statement that the materials to be
repaired or replaced are assumed to contain friable
asbestos and that asbestos installation, removal, or
encapsulation will be accomplished by a licensed asbestos
contractor.
The provisions of this section shall not apply to
singlefamily dwellings or residential housing with four or
fewer units unless the renovation or demolition of such
buildings is for commercial or public development
purposes. The provisions of this section shall not apply if
the combined amount of regulated asbestos-containing
material involved in the renovation or demolition is less
than 260 linear feet (79.25 lm) on pipes or less than 160 square feet (14.86 m2)
on other facility components or less than 35 cubic feet (0,99 m3) off
facility components where the length or area could not be
measured previously.
An abatement area shall not be reoccupied until
the building official receives certification from the owner
that the response actions have been completed and final
clearances have been measured. The final clearance levels
for reoccupancy of the abatement area shall be 0.01 or
fewer asbestos fibers per cubic centimeter if determined
by Phase Contrast Microscopy analysis (PCM) or 70 or
fewer structures per square millimeter if determined by
Transmission Electron Microscopy analysis (TEM).
The signature of the building official or
authorized representative shall be on or affixed to every
permit. A copy of the permit shall be posted on the
construction site for public inspection until the work is
completed. Such posting shall include the street or lot
number, if one has been assigned, to be readable from a
public way. In addition, each building or structure to
which a street number has been assigned shall, upon
completion, have the number displayed so as to be
readable from the public way.
A permit shall be considered authority to proceed
with construction in accordance with this code, the
approved construction documents, the permit application
and any approved amendments or modifications. The
permit shall not be construed to otherwise authorize the
omission or amendment of any provision of this code.
A building official shall be permitted to revoke a permit if work on the site authorized by the permit is not commenced within 6 months after issuance of the permit, or if the authorized work on the site is suspended or abandoned for a period of 6 months after the permit is issued; however, permits issued for plumbing, electrical and mechanical work shall not be revoked if the building permit is still in effect. It shall be the responsibility of the permit applicant to prove to the building official that authorized work includes substantive progress, characterized by approved inspections as specified in Section 113.3 of at least one inspection within a period of 6 months or other evidence that would indicate substantial work has been performed. Upon written request, the building official may grant one or more extensions of time, not to exceed 1 year per extension.
The building official shall be permitted to require a 3-year time limit to complete construction of new detached single-family dwellings, additions to detached single-family dwellings and residential accessory structures. The time limit shall begin from the issuance date of the permit. The building official may grant extensions of time if the applicant can demonstrate substantive progress, characterized by approved inspections as specified in Section 113.3 of at least one inspection within a period of 6 months or other evidence that would indicate substantial work has been performed.
The building official may
revoke a permit or approval issued under this code in the
case of any false statement, misrepresentation of fact,
abandonment of work, failure to complete construction as
required by Section 110.7 or incorrect information
supplied by the applicant in the application or
construction documents on which the permit or approval
was based.
In accordance with Section 54.1-410 of the Code of Virginia and under the general
authority of this code, the local building department shall
establish a procedure to ensure that construction
documents under Section 109 are prepared by an RDP in
any case in which the exemptions contained in Sections
54.1-401, 54.1-402 or 54.1-402.1 of the Code of Virginia
are not applicable or in any case where the building
official determines it necessary. When required under
Section 54.1-402 of the Code of Virginia or when required
by the building official, or both, construction documents
shall bear the name and address of the author and his
occupation.
Note: Information on the types of construction
required to be designed by an RDP is included in the
"Related Laws Package" available from DHCD.
Special
inspections shall be conducted when required by Section
1704. Individuals or agencies, or both, conducting special
inspections shall meet the qualification requirements of
Sections 1703 and 1704.2.1. The permit applicant shall
submit a completed statement of special inspections with
the permit application. The building official shall review,
and if satisfied that the requirements have been met,
approve the statement of special inspections as required in
Sections 1704.2.3 and 1705 as a requisite to the issuance
of a building permit. The building official may require
interim inspection reports. The building official shall
receive, and if satisfied that the requirements have been
met, approve a final report of special inspections as
specified in Section 1704.2.4. All fees and costs related to
the special inspections shall be the responsibility of the
building owner.
It shall be the duty of any person
performing work covered by this code to comply with all
applicable provisions of this code and to perform and
complete such work so as to secure the results intended by
the USBC. Damage to regulated building components
caused by violations of this code or by the use of faulty
materials or installations shall be considered as separate
violations of this code and shall be subject to the
applicable provisions of Section 115.
In accordance
with Section 36-99 of the Code of Virginia, where
practical, the provisions of this code are stated in terms of
required level of performance so as to facilitate the prompt
acceptance of new building materials and methods. When
generally recognized standards of performance are not
available, this section and other applicable requirements
of this code provide for acceptance of materials and
methods whose performance is substantially equal in
safety to those specified on the basis of reliable test and
evaluation data presented by the proponent. In addition, as
a requirement of this code, the building official shall
require that sufficient technical data be submitted to
substantiate the proposed use of any material, equipment,
device, assembly or method of construction.
In determining whether any material, equipment, device, assembly or method of construction complies with this code, the building official shall approve items listed by nationally recognized testing laboratories, when such items are listed for the intended use and application and, in addition, may consider the recommendations of RDPs. Approval shall be issued when the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code and that the material, equipment, device, assembly or method of construction offered is, for the purpose intended, at least the equivalent of that prescribed by the code. Such approval is subject to all applicable requirements of this code and the material, equipment, device, assembly or method of construction shall be installed in accordance with the conditions of the approval and their listings. In addition, the building official may revoke such approval whenever it is discovered that such approval was issued in error or on the basis of incorrect information, or where there are repeated violations of the USBC.
Where conflicts
between this code and conditions of the listing or the
manufacturer's installation instructions occur, the
provisions of this code shall apply.
Exception: Where a code provision is less
restrictive than the conditions of the listing of the
equipment or appliance or the manufacturer's
installation instructions, the conditions of the
listing and the manufacturer's installation
instructions shall apply.
Used materials,
equipment and devices may be approved provided they
have been reconditioned, tested or examined and found to
be in good and proper working condition and acceptable
for use by the building official.
Notwithstanding any
provision of this code to the contrary, where action has
been taken and completed by the BHCD under subsection
D of Section 36-99 of the Code of Virginia establishing
new performance standards for identified defective
materials, this section sets forth the new performance
standards addressing the prospective use of such materials
and establishes remediation standards for the removal of
any defective materials already installed, which when
complied with enables the building official to certify that
the building is deemed to comply with the edition of the
USBC under which the building was originally
constructed with respect to the remediation of the
defective materials.
All newly
installed gypsum wallboard shall not be defective
drywall as defined in Section 112.5.1.1.1.
The
following provisions establish remediation
standards where defective drywall was installed
in buildings.
For the purposes of this section the term "defective drywall" means gypsum wallboard that (i) contains elemental sulfur exceeding 10 parts per million that when exposed to heat or humidity, or both, emits volatile sulfur compounds in quantities that cause observable corrosion on electrical wiring, plumbing pipes, fuel gas lines, or HVAC equipment, or any components of the foregoing; or (ii) has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard within the meaning of Section 15(a)(2) of the Consumer Product Safety Act (15 USC Section 2064(a)(2)).
Application for a permit
shall be made to the building official, and a
permit shall be obtained prior to the
commencement of remediation work
undertaken to remove defective drywall
from a building and for the removal,
replacement, or repair of corroded electrical,
plumbing, mechanical, or fuel gas
equipment and components.
Where remediation of
defective drywall is undertaken, the
following standards shall be met. The
building official shall be permitted to
consider and approve modifications to these
standards in accordance with Section 106.3.
Drywall in the
building, whether defective or
nondefective, shall be removed and
discarded, including fasteners that held
any defective drywall to prevent small
pieces of drywall from remaining under
fasteners.
Exceptions:
- Nondefective drywall not subject to the corrosive effects of any defective drywall shall be permitted to be left in place in buildings where the defective drywall is limited to a defined room or space or isolated from the rest of the building and the defective drywall can be positively identified. If the room or space containing the defective drywall also contains any nondefective drywall, the nondefective drywall in that room or space shall also be removed.
- In multifamily buildings where defective drywall was not used in the firewalls between units and there are no affected building systems behind the firewalls, the firewalls shall be permitted to be left in place.
Insulation in
walls and ceilings shall be removed and
discarded. Carpet and vinyl flooring
shall be removed and discarded.
Wood-work, trim, cabinets, and tile or
wood floors may be left in place or may
be reused.
Exceptions:
- Closed-cell foam insulation is permitted to be left in place if testing for off-gassing from defective drywall is negative, unless its removal is required to gain access.
- Insulation, carpet, or vinyl flooring in areas not exposed to defective drywall or to the effects of defective drywall, may be left in place or reused.
All electrical wiring regulated by this
code shall be permitted to be left in
place, but removal or cleaning of
exposed ends of the wiring to reveal
clean or uncorroded surfaces is
required. All electrical equipment,
devices, and components of the
electrical system of the building
regulated by this code shall be removed
and discarded. This shall include all
smoke detectors.
Exceptions:
- Electrical equipment, devices, or components in areas not exposed to the corrosive effects of defective drywall shall be permitted to be left in place or reused. Electrical equipment, devices, or components in areas exposed to the corrosive effects of defective drywall shall be cleaned, repaired, or replaced.
- Cord and plug connected appliances are not subject to this code and, therefore, cannot be required to be removed or replaced.
All copper fuel gas piping
and all equipment utilizing fuel gas with
copper, silver, or aluminum
components shall be removed and
discarded. All copper plumbing pipes
and fittings shall be removed and
discarded. Plumbing fixtures with
copper, silver, or aluminum
components shall be removed and
discarded.
All heating, air-conditioning, and ventilation system components, including but not limited to ductwork, airhandling units, furnaces, heat pumps, refrigerant lines, and thermostats and associated wiring, shall be removed and discarded.
Following the
removal of all materials and
components in accordance with
Sections 112.5.1.1.3.1 through
112.5.1.1.3.5, the building shall be
thoroughly cleaned to remove any
particulate matter and dust.
Following
cleaning in accordance with Section
112.5.1.1.3.6, the building shall be
thoroughly aired out with the use of
open windows and doors and fans.
Following the steps
outlined above for removal of all
materials and components, cleaning and
airing out, a pre-rebuilding clearance
test shall be conducted with the use of
copper or silver coupons and the
methodology outlined in the April 2,
2010, joint report by the Consumer
Products Safety Commission and the
Department of Housing and Urban
Development "Interim Remediation
Guidance for Homes with Corrosion
from Problem Drywall" or with the use
of a copper probe and dosimeter. The
clearance testing shall confirm that all
airborne compounds associated with the
defective drywall are at usual
environmental background levels. The
clearance testing report, certifying
compliance, shall be submitted to the
building official.
Notes:
- Where the building is served by a well and prior to conducting clearance tests, all outlets in piping served by the well should be capped or otherwise plugged to prevent contamination of the air sample.
- To prevent siphoning and evaporation of the trap seals, fixtures should be capped or otherwise plugged to prevent sewer gases from contaminating the air sample.
Agencies and personnel
performing pre-rebuilding or post-rebuilding clearance testing shall be independent of those responsible for all other remediation work and the agencies and personnel shall be appropriately certified or accredited by the Council of Engineering and Scientific Specialty Boards, the American Indoor Air Quality Council, or the World Safety Organization.
Exception:
Testing agencies and personnel shall be accepted if certified by an RDP or if the agency employs an RDP to be in responsible charge of the work.
The rebuilding of the building shall
comply with the edition of the USBC
that was in effect when the building was
originally built.
A post-rebuilding
clearance test prior to reoccupancy of
the building or structure shall be
conducted with the use of copper or
silver coupons and the methodology
outlined in the April 2, 2010, joint
report by the Consumer Products Safety
Commission and by the Department of
Housing and Urban Development
"Interim Remediation Guidance for
Homes with Corrosion from Problem
Drywall" or with the use of a copper
probe and dosimeter. The clearance
testing shall confirm that all airborne
compounds associated with the
defective drywall are at usual
environmental background levels. The
clearance testing report certifying
compliance shall be submitted to the
building official.
Notes:
- Where the building is served by a well and prior to conducting clearance tests, all outlets in piping served by the well should be capped or otherwise plugged to prevent contamination of the air sample.
- To prevent siphoning and evaporation of the trap seals, fixtures should be capped or otherwise plugged to prevent sewer gases from contaminating the air sample.
Once remediation has been
completed in accordance with this section, a
certificate or letter of approval shall be
issued by the building official. The
certificate or letter shall state that the
remediation and rebuilding is deemed to
comply with this code.
The building official shall issue a certificate or letter of approval for remediation of defective drywall that occurred prior to the effective date of these standards provided post-rebuilding clearance testing has been performed in accordance with Section 112.5.1.1.3.11, by agencies and personnel complying with Section 112.5.1.1.3.9, and the clearance testing confirms that all airborne compounds associated with the defective drywall are at usual environmental background levels. The clearance testing report certifying compliance shall be submitted to the building official.
In accordance with Section 36-105 of the
Code of Virginia, any building or structure may be
inspected at any time before completion, and shall not be
deemed in compliance until approved by the inspecting
authority. Where the construction cost is less than $2,500,
however, the inspection may, in the discretion of the
inspecting authority, be waived. The building official shall
coordinate all reports of inspections for compliance with
the USBC, with inspections of fire and health officials
delegated such authority, prior to the issuance of an
occupancy permit.
When construction reaches a
stage of completion that requires an inspection, the
permit holder shall notify the building official.
Except as provided for in
Section 113.7, the building official shall perform the
requested inspection in accordance with Section
113.6 when notified in accordance with Section
113.1.2.
The building official may conduct a
site inspection prior to issuing a permit. When conducting
inspections pursuant to this code, all personnel shall carry
proper credentials.
The following minimum
inspections shall be conducted by the building official
when applicable to the construction or permit:
- Inspection of footing excavations and reinforcement material for concrete footings prior to the placement of concrete.
- Inspection of foundation systems during phases of construction necessary to assure compliance with this code.
- Inspection of preparatory work prior to the placement of concrete.
- Inspection of structural members and fasteners prior to concealment.
- Inspection of electrical, mechanical and plumbing materials, equipment and systems prior to concealment.
- Inspection of energy conservation material prior to concealment.
- Final inspection.
Upon the replacement
or new installation of any fuel-burning appliances or
equipment in existing Group R-5 occupancies, an
inspection or inspections shall be conducted to ensure
that the connected vent or chimney systems comply
with the following:
- Vent or chimney systems are sized in accordance with the IRC.
- Vent or chimney systems are clean, free of any obstruction or blockages, defects, or deterioration, and are in operable condition. Where not inspected by the local building department, persons performing such changes or installations shall certify to the building official that the requirements of Items 1 and 2 are met.
The building official may
designate additional inspections and tests to be conducted
during the construction of a building or structure and shall
so notify the permit holder.
When required
by the provisions of this code, materials, equipment or
assemblies shall be inspected at the point of manufacture
or fabrication. The building official shall require the
submittal of an evaluation report of such materials,
equipment or assemblies. The evaluation report shall
indicate the complete details of the assembly including a
description of the assembly and its components, and
describe the basis upon which the assembly is being
evaluated. In addition, test results and other data as
necessary for the building official to determine
conformance with the USBC shall be submitted. For
factory inspections, an identifying label or stamp
permanently affixed to materials, equipment or assemblies
indicating that a factory inspection has been made shall be
acceptable instead of a written inspection report, provided
the intent or meaning of such identifying label or stamp is
properly substantiated.
The
building official shall either approve the work in writing
or give written notice of defective work to the permit
holder. Upon request of the permit holder, the notice shall
reference the USBC section that serves as the basis for the
defects and such defects shall be corrected and reinspected
before any work proceeds that would conceal such
defects. A record of all reports of inspections, tests,
examinations, discrepancies and approvals issued shall be
maintained by the building official and shall be
communicated promptly in writing to the permit holder.
Approval issued under this section may be revoked
whenever it is discovered that such approval was issued in
error or on the basis of incorrect information, or where
there are repeated violations of the USBC. Notices issued
pursuant to this section shall be permitted to be
communicated electronically provided the notice is
reasonably calculated to get to the permit holder.
The building official may accept reports of inspections and tests from individuals or inspection agencies approved in accordance with the building official's written policy required by Section 113.7.1. The individual or inspection agency shall meet the qualifications and reliability requirements established by the written policy. Under circumstances where the building official is unable to make the inspection or test required by Section 113.3 or 113.4 within 2 working days of a request or an agreed upon date or if authorized for other circumstances in the building official's written policy, the building official shall accept reports for review. The building official shall approve the report from such approved individuals or agencies unless there is cause to reject it. Failure to approve a report shall be in writing within 2 working days of receiving it stating the reason for the rejection. Reports of inspections conducted by approved third-party inspectors or agencies shall be in writing, shall indicate if compliance with the applicable provisions of the USBC have been met and shall be certified by the individual inspector or by the responsible officer when the report is from an agency.
Exception:
The licensed mechanical contractor installing the mechanical system shall be permitted to perform duct tests required by Section R403.3.3 of the IECC or Section N1103.3.3 of the IRC. The contractor shall have been trained on the equipment used to perform the test.
Note: Photographs, videotapes or other sources of pertinent data or information may be considered as constituting such reports and tests.
Each building
official charged with the enforcement of the USBC
shall have a written policy establishing the minimum
acceptable qualifications for third-party inspectors.
The policy shall include the format and time frame
required for submission of reports, any
prequalification or preapproval requirements before
conducting a third-party inspection and any other
requirements and procedures established by the
building official.
In determining third-party
inspector qualifications, the building official may
consider such items as DHCD inspector certification,
other state or national certifications, state
professional registrations, related experience,
education and any other factors that would
demonstrate competency and reliability to conduct
inspections.
Upon completion of a building or
structure and before the issuance of a certificate of
occupancy, a final inspection shall be conducted to ensure
that any defective work has been corrected and that all
work complies with the USBC and has been approved,
including any work associated with modifications under
Section 106.3. The building official shall be permitted to
require the electrical service to a building or structure to
be energized prior to conducting the final inspection. The
approval of a final inspection shall be permitted to serve
as the new certificate of occupancy required by Section
116.1 in the case of additions or alterations to existing
buildings or structures that already have a certificate of
occupancy.
When the building official finds
that work on any building or structure is being executed
contrary to the provisions of this code or any pertinent
laws or ordinances, or in a manner endangering the
general public, a written stop work order may be issued.
The order shall identify the nature of the work to be
stopped and be given either to the owner of the property
involved, to the owner's agent or to the person performing
the work. Following the issuance of such an order, the
affected work shall cease immediately. The order shall
state the conditions under which such work may be
resumed.
A stop work order shall apply
only to the work identified in the order, provided that other
work on the building or structure may be continued if not
concealing the work covered by the order.
In
accordance with Section 36-106 of the Code of Virginia,
it shall be unlawful for any owner or any other person,
firm or corporation, on or after the effective date of any
code provisions, to violate any such provisions. Any
locality may adopt an ordinance that establishes a uniform
schedule of civil penalties for violations of specified
provisions of the code that are not abated or remedied
promptly after receipt of a notice of violation from the
local enforcement officer.
Note: See the full text of Section 36-106 of the Code
of Virginia for additional requirements and criteria
pertaining to legal action relative to violations of the
code.
The building official shall issue a written notice of violation to the responsible party if any violations of this code or any directives or orders of the building official have not been corrected or complied within a reasonable time. The notice shall reference the code section or sections upon which the notice is based and direct the correction of the violation or the compliance with such directive or order and specify a reasonable time period within which the corrections or compliance must occur. The notice shall be issued by either delivering a copy to the responsible party by mail to the last known address or delivering the notice in person or by leaving it in the possession of any person in charge of the premises, or by posting the notice in a conspicuous place if the person in charge of the premises cannot be found. The notice of violation shall indicate the right of appeal by referencing the appeals section. When the owner of the building or structure, or the permit holder for the construction in question, or the tenants of such building or structure, are not the responsible party to whom the notice of violation is issued, then a copy of the notice shall also be delivered to such owner, permit holder or tenants.
Note: A notice of unsafe building or structure for
structures that become unsafe during the construction
process are issued in accordance with Section 118.
When violations are discovered more than 2 years after the certificate of occupancy is issued or the date of initial occupancy, whichever occurred later, or more than 2 years after the approved final inspection for an alteration or renovation, a notice of violation shall only be issued upon advice from the legal counsel of the locality that action may be taken to compel correction of the violation. When compliance can no longer be compelled by prosecution under Section 36-106 of the Code of Virginia, the building official, when requested by the building owner, shall document in writing the existence of the violation noting the edition of the USBC the violation is under.
If
the responsible party has not complied with the notice of
violation, the building official may initiate legal
proceedings by requesting the legal counsel of the locality
to institute the appropriate legal proceedings to restrain,
correct or abate the violation or to require the removal or
termination of the use of the building or structure
involved. In cases where the locality so authorizes, the
building official may issue or obtain a summons or
warrant. Compliance with a notice of violation
notwithstanding, the building official may request legal
proceedings be instituted for prosecution when a person,
firm or corporation is served with three or more notices of
violation within one calendar year for failure to obtain a
required construction permit prior to commencement of
work subject to this code.
Note: See Section 19.2-8 of the Code of Virginia
concerning the statute of limitations for building code
prosecutions.
Penalties for violations
of the USBC shall be as set out in Section 36-106 of the
Code of Virginia. The successful prosecution of a
violation of the USBC shall not preclude the institution of
appropriate legal action to require correction or abatement
of a violation.
In accordance with Section 36-105 of the Code of Virginia, if the local building department has initiated an enforcement action against the owner of a building or structure and such owner subsequently transfers the ownership of the building or structure to an entity in which the owner holds an ownership interest greater than 50 percent, the pending enforcement action shall continue to be enforced against the owner.
A certificate of occupancy indicating completion of the work for which a permit was issued shall be obtained prior to the occupancy of any building or structure, except as provided for in this section generally and as specifically provided for in Section 113.8 for additions or alterations. The certificate shall be issued after completion of the final inspection and when the building or structure is in compliance with this code and any pertinent laws or ordinances, or when otherwise entitled. The building official shall, however, issue a certificate of occupancy within 5 working days after being requested to do so, provided the building or structure meets all of the requirements for a certificate.
Exception:
A certificate of occupancy is not required for an accessory structure as defined in the IRC.
Upon the request of a permit holder, a temporary certificate of occupancy may be issued before the completion of the work covered by a permit, provided that such portion or portions of a building or structure may be occupied safely prior to full completion of the building or structure without endangering life or public safety.
A certificate of occupancy
shall specify the following:
- The edition of the USBC under which the permit is issued.
- The group classification and occupancy in accordance with the provisions of Chapter 3.
- The type of construction as defined in Chapter 6.
- If an automatic sprinkler system is provided and whether or not such system was required.
- Any special stipulations and conditions of the building permit and if any modifications were issued under the permit, there shall be a notation on the certificate that modifications were issued.
- Group R-5 occupancies complying with Section R320.2 of the IRC shall have a notation of compliance with that section on the certificate.
A
certificate of occupancy may be revoked or suspended
whenever the building official discovers that such
certificate was issued in error or on the basis of incorrect
information, or where there are repeated violations of the
USBC after the certificate has been issued or when
requested by the code official under Section 105.7 of the
VMC. The revocation or suspension shall be in writing
and shall state the necessary corrections or conditions for
the certificate to be reissued or reinstated in accordance
with Section 116.3.1.
When a certificate of occupancy has
been revoked or suspended, it shall be reissued or
reinstated upon correction of the specific condition or
conditions cited as the cause of the revocation or
suspension and the revocation or suspension of a
certificate of occupancy shall not be used as
justification for requiring a building or structure to be
subject to a later edition of the code than that under
which such building or structure was initially
constructed.
When a building or structure was constructed
prior to being subject to the initial edition of the USBC
and the local building department does not have a
certificate of occupancy for the building or structure, the
owner or owner's agent may submit a written request for
a certificate to be created. The building official, after
receipt of the request, shall issue a certificate provided a
determination is made that there are no current violations
of the VMC or the Virginia Statewide Fire Prevention
Code (13VAC5-51) and the occupancy classification of
the building or structure has not changed. Such buildings
and structures shall not be prevented from continued use.
Exception:
When no certificate exists, but the local
building department has records indicating that a
certificate did exist, then the building official may
either verify in writing that a certificate did exist or
issue a certificate based upon the records.
The building official is authorized to issue a permit for temporary buildings or structures. Such permits shall be limited as to time of service, but shall not be permitted for more than 1 year, except that upon the permit holder's written request, the building official may grant one or more extensions of time, not to exceed 1 year per extension. The building official is authorized to terminate the approval and order the demolition or removal of temporary buildings or structures during the period authorized by the permit when determined necessary.
The building official shall review
and may approve conditions or modifications for
temporary uses, including hypothermia and
hyperthermia shelters, that may be necessary as long
as the use meets the spirit and functional intent
intended by this code. The building official is
authorized to terminate the approval and order the
discontinuance of the temporary use during the period
authorized by the permit when determined necessary.
The building official shall notify the appropriate fire
official or fire chief of the approved temporary use.
Prior to
the issuance of a permit for the demolition of any building
or structure, the owner or the owner's agent shall provide
certification to the building official that all service
connections of utilities have been removed, sealed or
plugged satisfactorily and a release has been obtained
from the associated utility company. The certification
shall further provide that written notice has been given to
the owners of adjoining lots and any other lots that may
be affected by the temporary removal of utility wires or
the temporary disconnection or termination of other
services or facilities relative to the demolition. In addition,
the requirements of Chapter 33 of the IBC for any
necessary retaining walls or fences during demolition
shall be applicable and when a building or structure is
demolished or removed, the established grades shall be
restored.
This section applies to unsafe
buildings or structures.
Note: Existing buildings and structures other than
those under construction or subject to this section are
subject to the VMC, which also has requirements for
unsafe conditions.
Any unsafe building or structure shall be
made safe through compliance with this code or shall be
taken down and removed if determined necessary by the
building official.
The building official shall
inspect any reported unsafe building or structure and shall
prepare a report to be filed in the records of the local
building department. In addition to a description of any
unsafe conditions found, the report shall include the
occupancy classification of the building or structure and
the nature and extent of any damages caused by collapse
or failure of any building components.
When a
building or structure is determined by the building official
to be an unsafe building or structure, a written notice of
unsafe building or structure shall be issued by personal
service to the owner, the owner's agent, or the person in
control of such building or structure. The notice shall
specify the corrections necessary to comply with this code
and specify the time period within which the repairs must
occur, or if the notice specifies that the unsafe building or
structure is required to be demolished, the notice shall
specify the time period within which demolition must
occur.
Note: Whenever possible, the notice should also be
given to any tenants or occupants of the unsafe
building or structure.
If
the building official determines there is actual and
immediate danger to the occupants or public, or when
life is endangered by the occupancy of an unsafe
building or structure, the building official shall be
authorized to order the occupants to immediately
vacate the unsafe building or structure. When an
unsafe building or structure is ordered to be vacated,
the building official shall post a notice at each
entrance that reads as follows:
"This Building (or Structure) is Unsafe and its Occupancy (or Use) is Prohibited by the Building Official."
"This Building (or Structure) is Unsafe and its Occupancy (or Use) is Prohibited by the Building Official."
If the notice is unable to be issued
by personal service as required by Section 118.4, then the
notice shall be sent by registered or certified mail to the
last known address of the responsible party and a copy of
the notice shall be posted in a conspicuous place on the
premises.
In the case of an unsafe
building or structure, if the notice is not complied with, a
placard with the following wording shall be posted at the
entrance to the building or structure:
"This Building (or Structure) is Unfit for Habitation
and its Use or occupancy has been prohibited by the
building official."
After an unsafe building or structure is
placarded, entering the unsafe building or structure shall
be prohibited except as authorized by the building official
to make inspections, to perform required repairs, or to
demolish the unsafe building or structure. In addition, the
placard shall not be removed until the unsafe building or
structure is determined by the building official to be safe
to occupy. The placard shall not be defaced.
To the extent
permitted by the locality, the building official may
authorize emergency repairs to unsafe buildings or
structures when it is determined that there is an immediate
danger of any portion of the unsafe building or structure
collapsing or falling and when life is endangered.
Emergency repairs may also be authorized when there is
a code violation resulting in a serious and imminent threat
to the life and safety of the occupants or public. The
building official shall be permitted to authorize the
necessary work to make the unsafe building or structure
temporarily safe whether or not legal action to compel
compliance has been instituted.
In addition, whenever an owner of an unsafe
building or structure fails to comply with a notice to
demolish issued under Section 118.4 in the time period
stipulated, the building official shall be permitted to cause
the unsafe building or structure to be demolished. In
accordance with Sections 15.2-906 and 15.2-1115 of the
Code of Virginia, the legal counsel of the locality may be
requested to institute appropriate action against the
property owner to recover the costs associated with any
such emergency repairs or demolition and every such
charge that remains unpaid shall constitute a lien against
the property on which the emergency repairs or
demolition were made and shall be enforceable in the
same manner as provided in Articles 3 (Section 58.1-3940
et seq.) and 4 (Section 58.1-3965 et seq.) of Chapter 39 of
Title 58.1 of the Code of Virginia.
Note: Building officials and local governing bodies
should be aware that other statutes and court
decisions may impact on matters relating to
demolition, in particular whether newspaper
publication is required if the owner cannot be located
and whether the demolition order must be delayed
until the owner has been given the opportunity for a
hearing.
When necessary for public
safety, the building official shall be permitted to order the
temporary closing of sidewalks, streets, public ways, or
premises adjacent to unsafe buildings or structures and
prohibit the use of such spaces.
In accordance with Section 36-105 of the Code of Virginia, there shall be established within each local building department a local board of building code appeals (LBBCA). Whenever a county or a municipality does not have such a LBBCA, the local governing body shall enter into an agreement with the local governing body of another county or municipality or with some other agency, or a state agency approved by DHCD for such appeals resulting therefrom. Fees may be levied by the local governing body in order to defray the cost of such appeals. In addition, as an authorization in this code, separate LBBCAs may be established to hear appeals of different enforcement areas such as electrical, plumbing or mechanical requirements. Each such LBBCA shall comply with the requirements of this section. The locality is responsible for maintaining a duly constituted LBBCA prepared to hear appeals within the time limits established in this section. The LBBCA shall meet as necessary to assure a duly constituted board, appoint officers as necessary, and receive such training on the code as may be appropriate or necessary from staff of the locality.
The LBBCA shall consist of at least five members appointed by the locality for a specific term of office established by written policy. Alternate members may be appointed to serve in the absence of any regular members and as such, shall have the full power and authority of the regular members. Regular and alternate members may be reappointed. Written records of current membership, including a record of the current chairman and secretary, shall be maintained in the office of the locality. In order to provide continuity, the terms of the members may be of different length so that less than half will expire in any 1-year period.
The
LBBCA shall annually select one of its regular members
to serve as chairman. When the chairman is not present at
an appeal hearing, the members present shall select an
acting chairman. The locality or the chief executive officer
of the locality shall appoint a secretary to the LBBCA to
maintain a detailed record of all proceedings. Members of
the LBBCA shall be selected by the locality on the basis of
their ability to render fair and competent decisions
regarding application of the USBC and shall to the extent
possible, represent different occupational or professional
fields relating to the construction industry. At least one
member should be an experienced builder; at least one
member should be an RDP, and at least one member
should be an experienced property manager. Employees
or officials of the locality shall not serve as members of
the LBBCA.
No member shall hear an
appeal in which that member has a conflict of interest in
accordance with the State and Local Government Conflict
of Interests Act (Section 2.2-3100 et seq. of the Code of
Virginia). Members shall not discuss the substance of an
appeal with any other party or their representatives prior
to any hearings.
Any
person aggrieved by the local building department's
application of the USBC or the refusal to grant a
modification to the provisions of the USBC may appeal to
the LBBCA. The applicant shall submit a written request
for appeal to the LBBCA within 30 calendar days of the
receipt of the decision being appealed. The application
shall contain the name and address of the owner of the
building or structure and in addition, the name and address
of the person appealing, when the applicant is not the
owner. A copy of the building official's decision shall be
submitted along with the application for appeal and
maintained as part of the record. The application shall be
marked by the LBBCA to indicate the date received.
Failure to submit an application for appeal within the time
limit established by this section shall constitute
acceptance of a building official's decision.
Note: To the extent that a decision of a building
official pertains to amusement devices there may be a
right of appeal under the VADR.
The LBBCA shall
meet within 30 calendar days after the date of receipt of
the application for appeal, except that a period of up to 45
calendar days shall be permitted where the LBBCA has
regularly scheduled monthly meetings. A longer time
period shall be permitted if agreed to by all the parties
involved in the appeal. A notice indicating the time and
place of the hearing shall be sent to the parties in writing
to the addresses listed on the application at least 14
calendar days prior to the date of the hearing, except that
a lesser time period shall be permitted if agreed to by all
the parties involved in the appeal. When a quorum of the
LBBCA is not present at a hearing to hear an appeal, any
party involved in the appeal shall have the right to request
a postponement of the hearing. The LBBCA shall
reschedule the appeal within 30 calendar days of the
postponement, except that a longer time period shall be
permitted if agreed to by all the parties involved in the
appeal.
All hearings before the
LBBCA shall be open meetings and the appellant, the
appellant's representative, the locality's representative
and any person whose interests are affected by the
building official's decision in question shall be given an
opportunity to be heard. The chairman shall have the
power and duty to direct the hearing, rule upon the
acceptance of evidence and oversee the record of all
proceedings. The LBBCA shall have the power to uphold,
reverse or modify the decision of the official by a
concurring vote of a majority of those present. Decisions
of the LBBCA shall be final if no further appeal is made.
The decision of the LBBCA shall be explained in writing,
signed by the chairman and retained as part of the record
of the appeal. Copies of the written decision shall be sent
to all parties by certified mail. In addition, the written
decision shall contain the following wording:
"Any person who was a party to the appeal may appeal to the State Review Board by submitting an application to such Board within 21 calendar days upon receipt by certified mail of this decision. Application forms are available from the Office of the State Review Board, 600 East Main Street, Richmond, Virginia 23219, (804) 371-7150."
After final determination by the LBBCA in an appeal, any person who was a party to the appeal may further appeal to the State Review Board. In accordance with Section 36-98.2 of the Code of Virginia for state-owned buildings and structures, appeals by an involved state agency from the decision of the building official for state-owned buildings or structures shall be made directly to the State Review Board. The application for appeal shall be made to the State Review Board within 21 calendar days of the receipt of the decision to be appealed. Failure to submit an application within that time limit shall constitute an acceptance of the building official's decision. For appeals from a LBBCA, a copy of the building official's decision and the written decision of the LBBCA shall be submitted with the application for appeal to the State Review Board. Upon request by the office of the State Review Board, the LBBCA shall submit a copy of all pertinent information from the record of the appeal. In the case of appeals involving stateowned buildings or structures, the involved state agency shall submit a copy of the building official's decision and other relevant information with the application for appeal to the State Review Board. Procedures of the State Review Board are in accordance with Article 2 (Section 36-108 et seq.) of Chapter 6 of Title 36 of the Code of Virginia. Decisions of the State Review Board shall be final if no further appeal is made.