36-98 - Board to promulgate Statewide Code; other codes and regulations superseded; exceptions.
§ 36-98. Board to promulgate Statewide Code; other codes and regulationssuperseded; exceptions.
The Board is hereby directed and empowered to adopt and promulgate a UniformStatewide Building Code. Such building code shall supersede the buildingcodes and regulations of the counties, municipalities and other politicalsubdivisions and state agencies.
However, such Code shall not supersede the regulations of other stateagencies which require and govern the functional design and operation ofbuilding related activities not covered by the Uniform Statewide BuildingCode including but not limited to (i) public water supply systems, (ii) wastewater treatment and disposal systems, and (iii) solid waste facilities. Norshall state agencies be prevented from requiring, pursuant to other statelaw, that buildings and equipment be maintained in accordance with provisionsof the Uniform Statewide Building Code.
Such Code also shall supersede the provisions of local ordinances applicableto single-family residential construction that (a) regulate dwellingfoundations or crawl spaces, (b) require the use of specific buildingmaterials or finishes in construction, or (c) require minimum surface area ornumbers of windows; however, such Code shall not supersede profferedconditions accepted as a part of a rezoning application, conditions imposedupon the grant of special exceptions, special or conditional use permits orvariances, conditions imposed upon a clustering of single-family homes andpreservation of open space development through standards, conditions, andcriteria established by a locality pursuant to subdivision 8 of § 15.2-2242or § 15.2-2286.1, or land use requirements in airport or highway overlaydistricts, or historic districts created pursuant to § 15.2-2306, or localflood plain regulations adopted as a condition of participation in theNational Flood Insurance Program.
(1972, c. 829; 1977, c. 613; 1979, c. 718; 1980, c. 104; 1982, c. 267; 2001,c. 525; 2002, c. 703; 2006, c. 903.)