36-99 - Provisions of Code; modifications.
§ 36-99. Provisions of Code; modifications.
A. The Building Code shall prescribe building regulations to be complied within the construction and rehabilitation of buildings and structures, and theequipment therein as defined in § 36-97, and shall prescribe regulations toensure that such buildings and structures are properly maintained, and shallalso prescribe procedures for the administration and enforcement of suchregulations, including procedures to be used by the local building departmentin the evaluation and granting of modifications for any provision of theBuilding Code, provided the spirit and functional intent of the Building Codeare observed and public health, welfare and safety are assured. Theprovisions of the Building Code and modifications thereof shall be such as toprotect the health, safety and welfare of the residents of the Commonwealth,provided that buildings and structures should be permitted to be constructed,rehabilitated and maintained at the least possible cost consistent withrecognized standards of health, safety, energy conservation and waterconservation, including provisions necessary to prevent overcrowding, rodentor insect infestation, and garbage accumulation; and barrier-free provisionsfor the physically handicapped and aged. Such regulations shall be reasonableand appropriate to the objectives of this chapter.
B. In formulating the Code provisions, the Board shall have due regard forgenerally accepted standards as recommended by nationally recognizedorganizations, including, but not limited to, the standards of theInternational Code Council and the National Fire Protection Association.Notwithstanding the provisions of this section, farm buildings and structuresshall be exempt from the provisions of the Building Code, except for abuilding or a portion of a building located on a farm that is operated as arestaurant as defined in § 35.1-1 and licensed as such by the Board of Healthpursuant to Chapter 2 (§ 35.1-11 et seq.) of Title 35.1. However, farmbuildings and structures lying within a flood plain or in a mudslide-pronearea shall be subject to flood-proofing regulations or mudslide regulations,as applicable.
C. Where practical, the Code provisions shall be stated in terms of requiredlevel of performance, so as to facilitate the prompt acceptance of newbuilding materials and methods. When generally recognized standards ofperformance are not available, such provisions shall provide for acceptanceof materials and methods whose performance has been found by the localbuilding department, on the basis of reliable test and evaluation data,presented by the proponent, to be substantially equal in safety to thosespecified.
D. The Board, upon a finding that sufficient allegations exist regardingfailures noted in several localities of performance standards by eitherbuilding materials, methods, or design, may conduct hearings on suchallegations if it determines that such alleged failures, if proven, wouldhave an adverse impact on the health, safety, or welfare of the citizens ofthe Commonwealth. After at least 21 days' written notice, the Board shallconvene a hearing to consider such allegations. Such notice shall be given tothe known manufacturers of the subject building material and as many otherinterested parties, industry representatives, and trade groups as canreasonably be identified. Following the hearing, the Board, upon finding that(i) the current technical or administrative Code provisions allow use of orresult in defective or deficient building materials, methods, or designs, and(ii) immediate action is necessary to protect the health, safety, and welfareof the citizens of the Commonwealth, may issue amended regulationsestablishing interim performance standards and Code provisions for theinstallation, application, and use of such building materials, methods ordesigns in the Commonwealth. Such amended regulations shall become effectiveupon their publication in the Virginia Register of Regulations. Anyamendments to regulations adopted pursuant to this subsection shall becomeeffective upon their publication in the Virginia Register of Regulations andshall be effective for a period of 24 months or until adopted, modified, orrepealed by the Board.
(1972, c. 829; 1974, c. 433; 1975, c. 394; 1977, cc. 423, 613; 1978, c. 581;1981, c. 2; 1982, c. 267; 1998, c. 755; 2000, c. 751; 2002, c. 555; 2003, cc.436, 650, 901.)