Uniform Statewide Building Code; regulations superseded, exceptions, interpretations, report.

A BILL to amend and reenact §§
36-98
and
36-118
of the Code of Virginia and to amend the Code of Virginia by adding a section numbered
36-114.2
, relating to Uniform Statewide Building Code; regulations superseded; exceptions; interpretations
; report
.

Be it enacted by the General Assembly of Virginia:

1. That §§
36-98
and
36-118
of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered
36-114.2
as follows:

§
36-98
. Board to promulgate Statewide Code; other codes and regulations superseded.

A.
The Board is hereby directed and empowered to adopt and promulgate a Uniform Statewide Building Code. Such building code shall supersede the building codes
and
,
regulations
, and local ordinances
of the counties, municipalities and other political subdivisions and state agencies.

However, such Code shall not supersede the regulations of other state agencies which require and govern the functional design and operation of building related activities not covered by the Uniform Statewide Building Code 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 prevented from requiring, pursuant to other state law, that buildings and equipment be maintained in accordance with provisions of the Uniform Statewide Building Code.

B. The

Board, in consultation with the Department of
Profession
al
and Occupational Regulation,
shall
establish a training program
for
local
plan
reviewers and inspectors to ensure
enforcement of the
Uniform Statewide Building Code

is uniform across

the
Commonwealth.

Such Code also shall supersede the provisions of local ordinances applicable to single-family residential construction that (a) regulate dwelling foundations or crawl spaces, (b) require the use of specific building materials or finishes in construction, or (c) require minimum surface area or numbers of windows
; however, such 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 §
15.2-2242
or §
15.2-2286.1
, or land use requirements in airport or highway overlay districts, or historic districts created pursuant to §
15.2-2306
, or local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program
.

§ 36-
114.
2
.
Review

Board to hear petitions for
exceptions
; report
.

A
.
Counties, municipalities
,
and other political subdivisions may petition the State Building Code Technical Review Board to grant
locality
-
based
exceptions
from
any provision of the Building Code.
Any such petition shall (i)
i
dentify the affected
Building
Code section
s
,
(ii)
include documented local data supporting the
exception
,

and
(iii)
propose precise language and technical justification
.
The
Review
Board shall only approve a
petition
for
a
n exception

if it finds (a)
a demonstrated
unique local condition including documented radon incidence
or
seismic risk
,
(b) the proposed
exception
addresses a genuine risk or operational need not adequately covered by
the Building Code
,
(c)
t
he
exception
does not conflict with the safety objectives of the
Building Code
or increase risk elsewhere
,
and (d) t
he
exception
'
s benefits outweigh potential cost impacts and avoid unnecessary complexity.
The
Review
Board shall act on any such petition within 90 days o
f
receipt.
Any e
xception
granted by the Review Board shall apply to all future projects
within such locality.

B
.
Any

county, municipality
,

or
other political subdivision that petitions the
Review
Board pursuant to subsection A shall
provide an opportunity for public comment
on the
exceptions

being petitioned for
within such locality prior to subm
itting such petition
.

C.
Any approval of a petition for

an
exception by
the
Review
Board shall
be published on the
Review
Board's website. Such posting shall include the petition from
the
count
y
, municipal
ity
,

or
other political subdivision and the
Review
Board's just
ification for such approved exception.
In such justification
,
the
Review
Board shall identify other
localities
of the Commonwealth
in
which
the conditions

are substantially similar and
to which
such exception shall therefore apply.

D.
The
Review
Board shall report to the General Assembly annually no later than November 1 regarding the
number of petitions received, the disposition of such petitions, technical findings supporting approvals and denials
,
and
the cost and safety impacts of any approved exception.

§
36-118
. Interpretation of Code; recommendation of modifications.

The Review Board shall interpret the provisions of the Building Code, and the Fire Prevention Code, and shall make such recommendations, which it deems appropriate, to the Board for modification, amendment or repeal of any of such provisions.

All such recommendations shall prioritize (i) the protection of public health, safety, and welfare; (ii) consistency with generally accepted industry standards and practices; and (iii) efficiency, clarity, and predictability in the administration and enforcement of the
B
uilding
C
ode. The Review Board shall
additionally
consider the cost impacts of any such recommendation and shall, to the extent practicable, favor approaches that are cost-neutral or result in measurable cost savings without compromising safety.

A record of all such recommendations, and of the Board's actions thereon, shall be kept in the office of the Review Board. Such record shall be open to public inspection at all times during business hours
and shall be published on the
Review
Board's website
.

B.
Any interpretation issued by the
Review
Board shall apply statewide. If
any
conflict
exists
between any interpretation issued by the
Review
Board
and any local interpretation, the
Review
Board's interpretation shall control.