Understanding the Uniform Statewide Building Code in Virginia

Navigating building codes can be complex, but in Virginia, the Uniform Statewide Building Code Virginia simplifies this process. Known as the USBC, this code provides a consistent set of regulations for building construction, rehabilitation, and maintenance across the Commonwealth. This article delves into the key aspects of the USBC, offering a comprehensive overview for property owners, construction professionals, and anyone seeking to understand building regulations in Virginia.

What is the Uniform Statewide Building Code (USBC)?

The Uniform Statewide Building Code (USBC) is a set of building regulations established and enforced throughout Virginia. It is promulgated by the Board of Housing and Community Development (the Board), aiming to create consistent standards for construction and building safety across the state. The USBC supersedes local building codes, ensuring a unified approach to building regulations.

Key Definitions within the USBC

To understand the USBC, it’s crucial to grasp some fundamental definitions provided within the code itself (§ 36-97). These definitions clarify the scope and application of the regulations:

Building: Encompasses nearly any structure with a roof, used for occupancy or storage, including parts thereof. Importantly, roadway tunnels and bridges managed by the Department of Transportation are excluded, having their own set of standards.
Building Code: Refers specifically to the Uniform Statewide Building Code and its associated regulations.
Building Regulations: A broad term covering any laws, rules, or ordinances at the state or local level related to building construction, alteration, repair, and maintenance. Zoning ordinances and land use controls are excluded if they don’t directly impact construction methods or materials.
Code Provisions: The specific regulations within the Uniform Statewide Building Code, as adopted and amended by the Board.
Construction: Includes a wide range of activities beyond just new builds, such as reconstruction, alteration, repair, and conversion of buildings.
Equipment: Covers essential building systems like plumbing, HVAC, electrical, elevators, and other mechanical installations.
Farm Building or Structure: Defines structures on farms not used for residential purposes and primarily used for agricultural activities like storage, animal sheltering, farm operations, and equipment use. These often have specific exemptions under the USBC.
Local Building Department: The local agency responsible for administering and enforcing the Building Code, including plan approvals, inspections, and permit issuance.
Local Governing Body: The governing entity of a county, city, or town.
Municipality: Refers to cities and towns within Virginia.
Owner: Broadly defined to include freehold owners, mortgagees in possession, lessees in control, and other entities with control over a building or structure.
Review Board: The State Building Code Technical Review Board, responsible for hearing appeals related to Building Code decisions.
State Agency: Any department, board, or agency of the Virginia state government.
Stop Work Order: A legally binding order from a local building official to halt work on a building due to Building Code violations, outlining conditions for resuming work.
Structure: A broad term including buildings and other constructions like stadiums, towers, tanks, piers, and swimming pools, but excluding water wells and DOT-owned roadway tunnels and bridges.

Establishment and Authority of the USBC

The Board of Housing and Community Development is mandated to adopt and promulgate the Uniform Statewide Building Code (§ 36-98). This code is designed to supersede building codes and regulations of counties, municipalities, and state agencies, creating a consistent statewide standard.

However, the USBC does not override regulations from other state agencies concerning functional design and operation of building-related activities outside the scope of the USBC. This includes areas like public water supply, wastewater treatment, and solid waste facilities. Furthermore, state agencies can still require buildings and equipment to be maintained according to USBC provisions under other state laws.

Local Ordinances and the USBC

The USBC also takes precedence over local ordinances in single-family residential construction related to:

Dwelling foundations or crawl spaces.
Specific building materials or finishes.
Minimum window surface area or numbers.

Despite this preemption, the USBC respects certain local land use controls and regulations, including:

Proffered conditions in rezoning applications.
Conditions for special exceptions, use permits, or variances.
Conditions for clustered housing and open space preservation under specific Virginia statutes (§ 15.2-2242 or § 15.2-2286.1).
Land use requirements in airport or highway overlay districts.
Historic district regulations (§ 15.2-2306).
Local floodplain regulations for National Flood Insurance Program participation.

Applicability to State-Owned Buildings and Structures

The USBC is applicable to all state-owned buildings and structures, as well as buildings constructed on state-owned property (§ 36-98.1). The Department of General Services, through its Division of Engineering and Buildings, acts as the building official for these properties. This involves plan review, modifications, and rule setting to implement this section.

However, there are exceptions. Roadway and railway tunnels and bridges owned by the Department of Transportation or the Virginia Passenger Rail Authority are exempt from the USBC and the Statewide Fire Prevention Code. These are instead governed by fire safety standards developed by these agencies in consultation with the State Fire Marshal.

Key Provisions and Regulations within the USBC

The USBC is comprehensive, covering various aspects of building construction and safety. Some notable provisions include:

Mechanics’ Lien Agent Information: Building permits for one- or two-family residential units must include mechanics’ lien agent information if requested by the applicant (§ 36-98.01).
Amusement Devices: The Board regulates the construction, maintenance, operation, and inspection of amusement devices, including passenger tramways (§ 36-98.3). This includes certifications, financial responsibility, inspections, accident reporting, and operator qualifications.
Agritourism Event Buildings: There’s a dedicated Agritourism Event Structure Technical Advisory Committee to address building requirements for agritourism venues (§ 36-98.4).
Building Code Provisions and Modifications: The USBC sets regulations for building construction, rehabilitation, and maintenance, emphasizing health, safety, welfare, energy conservation, and accessibility (§ 36-99). It also outlines procedures for local building departments to grant modifications, ensuring code intent and public safety are maintained.
Rehabilitation of Existing Buildings: Recognizing the need for housing and commercial property improvements, the USBC includes provisions to facilitate the rehabilitation of existing buildings, particularly in older areas, aiming to reduce costly and time-consuming requirements (§ 36-99.01).
Replacement Glass Standards: Replacement glass in older buildings must meet current quality and installation standards (§ 36-99.2).
Smoke Alarms and Sprinkler Systems: Specific requirements exist for smoke alarms and sprinkler systems in higher education institutions, juvenile care facilities, and for individuals who are deaf or hard of hearing (§ 36-99.3, § 36-99.4, § 36-99.5, § 36-99.5:1).
Storage Tank Regulations: The USBC incorporates regulations from the State Water Control Board regarding underground and aboveground storage tanks (§ 36-99.6).
Emergency Communication Equipment: New commercial, industrial, and multifamily buildings may be required to include in-building emergency communication equipment for public safety personnel (§ 36-99.6:2).
HVAC Regulations: The Board establishes standards for HVAC facilities in new, privately owned residential dwellings (§ 36-99.6:3).
Asbestos Inspection: Buildings built before 1985 undergoing renovation or demolition require asbestos inspection and appropriate response actions (§ 36-99.7).
Skirting for Manufactured Homes: Regulations dictate skirting requirements for manufactured homes (§ 36-99.8).
Fire Suppression Systems: Standards are set for fire suppression systems in nursing facilities, nursing homes, and hospitals (§ 36-99.9, § 36-99.9:1).
Acoustical Treatment Measures: Regulations exist for acoustical treatment in areas with high aircraft noise levels near airports, implementable at local option (§ 36-99.10:1).
Disabled Parking Signage: Specific requirements for above-grade signage for disabled parking spaces are detailed in the USBC (§ 36-99.11).

Enforcement and Appeals Process

Enforcement of the USBC primarily falls to the local building department (§ 36-105). Each locality is required to have a local board of Building Code appeals to address grievances related to the local building department’s application of the code or refusal to grant modifications.

Appeals to the State Building Code Technical Review Board are only possible after a final determination by the local board. For localities without a building department or appeals board, agreements must be made with other localities, agencies, or state-approved entities for enforcement and appeals.

Inspections and Permits

Buildings can be inspected at any point during construction and must be approved by the inspecting authority to be deemed compliant. Local governing bodies can levy fees to cover enforcement and appeals costs, supporting the functions of the local building department.

Existing Buildings and Structures

Local governing bodies can also enforce the USBC for existing buildings, whether occupied or not. Tenant complaints about unsafe structures trigger mandatory enforcement of unsafe structure provisions by the local building department. Inspection warrants can be obtained if access is denied in cases of imminent threats to health or safety.

Elevator Inspections

Local governing bodies are responsible for inspecting and enforcing the Building Code for elevators, escalators, and related conveyances, excluding those in single- and two-family homes and townhouses.

Penalties for USBC Violations

Violating the USBC is a misdemeanor (§ 36-106). Penalties include fines, and repeated offenses can lead to higher fines and even jail time. Courts can order violators to correct violations within a specified period. Localities can also establish civil penalties for specific violations, offering an alternative to criminal sanctions for certain non-severe infractions.

State Building Code Technical Review Board

The State Building Code Technical Review Board (Review Board) plays a crucial role in the USBC framework (§ 36-108). Composed of 14 members from various construction and regulatory fields, appointed by the Governor, the Review Board:

Hears appeals from decisions related to the Building Code, Amusement Device Regulations, Fire Prevention Code, and Industrialized Building Safety Law (§ 36-114).
Interprets the provisions of the Building Code and the Fire Prevention Code (§ 36-118).
Recommends modifications, amendments, or repeals of code provisions to the Board (§ 36-118).

Decisions of the Review Board are final unless further appealed. The Board operates under the Administrative Process Act, ensuring due process in its proceedings.

Conclusion

The uniform statewide building code virginia is a cornerstone of safety and standardization in construction across the Commonwealth. It provides a consistent regulatory framework, ensuring buildings are constructed and maintained to protect the health, safety, and welfare of Virginians. Understanding the USBC, its definitions, provisions, enforcement, and appeals processes is essential for anyone involved in building, development, or property ownership in Virginia. Compliance with the USBC not only ensures legal adherence but also contributes to safer and more sustainable communities throughout the state.

References:

Chapter 6. Uniform Statewide Building Code, Code of Virginia, Title 36 – Housing. https://law.lis.virginia.gov/vacode/title36/chapter6/