Regulations  
Volume 35, Issue 3  Virginia Register of Regulations  October 1, 2018  
426 Provider Payment Rate Assessment Fund, including 
penalties, shall not be used for any other purpose than to 
fund an increase in inpatient and outpatient payment rates 
paid to private acute care hospitals operating in Virginia up 
to the private hospital upper payment limit or managed 
care organization hospital payment gap for care provided 
to recipients of medical assistance services and the 
administrative costs of collecting the assessment and of 
implementing and operating the associated payment rate 
actions.  
3. DMAS will submit a report by September 1 of each year to 
the Direct or of the Department of Planning and Budget and 
the Chairmen of the House Appropriations and Senate 
Finance Committees. The report will include, for the most 
recently completed state fiscal year,  the revenue collected 
from each assessment by hospital, expenditures for purposes 
covered by each assessment, and the year -end assessment 
balances in each special nonreverting fund.  
G. Appeal. A covered hospital may appeal a DMAS action 
that falls within the definition of agency action under the 
Virginia Administr ative Process Act (§ 2.2 -4000 et seq. of the 
Code of Virginia), including DMAS's interpretation and 
application of assessment methodologies. The assessment 
methodologies cannot be appealed.  
1. Appeals will be conducted in accordance with the 
provider appe al regulations (12VAC30- 20-500 et seq.).  
2. A covered hospital shall be considered a "provider" for 
purposes of the appeal procedures set forth in the provider 
appeal regulations.  
VA.R. Doc. No. R19 -5591; Filed September 11, 2018, 11:18 a.m.  
Withdrawal of Fast- Track Regulatory Action  
Title of Regulation: 12VAC30 -70. Methods and Standards 
for Establishing Payment Rates -  Inpatient Hospital 
Services  (adding 12VAC30- 70-411).  
Statutory Authority:  § 32.1- 325 of the Code of Virginia; 
42 USC § 1396 et seq.  
The Department of Medical Assistance Services has 
WITHDRAWN the fast -track regulatory action for 
12VAC30 -70, Methods and Standards for Establishing 
Payment Rates - Inpatient Hospital Services, which was 
published in 35:1 VA.R. 37- 39 September 3, 2018. The 
agency has determined that this action is duplicative of 
another regulatory action and no longer necessary.  
Agency Contact:  Emily McClellan, Regulatory Supervisor, 
Policy Division, Department of Medical Assistance Services, 
600 East Broad Street, Suite 1300, Richmond, VA 23219, 
telephone (804) 371- 4300, FAX (804) 786- 1680, or email 
emily.mcclellan@dmas.virginia.gov.  
VA.R. Doc. No. R19 -5393; Filed September 12, 2018, 11:43 a.m.  
  ––––––––––––––––––   TITLE 13. HOUSING  
BOARD  OF HO USING AND COMMUNITY 
DEVELOPMENT  
Final Regulation  
REGISTRAR'S NOTICE:  The following regulations of the 
Board of Housing and Community Development are exempt 
from Article 2 of the Administrative Act pursuant to § 2.2 -
4006 A 12 of the Code of Virginia; however, the regulations 
are subject to the provisions of § 2.2- 4007.06 of the Code of 
Virginia concerning public petitions. The regulations were (i) 
published as final regulations in 34:18 VA.R. 1617- 1744 
April 30, 2018 , (ii) suspended pu rsuant to § 2.2- 4007.06 in 
34:25 VA.R. 2519 August 6, 2018 , and (iii) readopted as final 
regulations with the changes shown in brackets below.  
Title of Regulation: 13VAC5 -51. Virginia St atewide Fire 
Prevention Code  (amending 13VAC5 -51-131, 13VAC5 -51-
133.5, 13VAC5- 51-134, 13VAC5 -51-135, 13VAC5- 51-
135.5 ).  
Statutory Authority:  § 27-97 of the Code of Virginia.  
Effective Date: October 16, 2018.  
Agency Contact:  Kyle Flanders, Policy Analyst, Department 
of Housing and Community Development, Main Street 
Centre, 600 East Main Street, Suite 300, Richmond, VA 
23219, telephone (804) 786- 6761, FAX (804) 371- 7090, TTY 
(804)  371-7089, or email kyle.flanders@dhcd.virginia.gov.  
Summary:  
The Statewide Fire Prevention Code (SFPC) is a 
regulation governing the maintenance of the fire protection 
aspects of existing structures and operational functions 
relating to fire safety wherev er located, including the 
regulation of the use of explosives, blasting, and fireworks 
displays. The SFPC uses a nationally recognized model 
code produced by the International Code Council as the 
basis for the technical provisions of the regulation. Every 
three years, a new edition of the model code becomes 
available. At that time, the Board of Housing and 
Community Development initiates a regulatory action to 
incorporate the newest edition of the model code into the 
regulation.  
Final regulations for the SFPC, including the subdivisions 
published in this action, were published in Volume 34, 
Issue 18 of the Virginia Register on April 30, 2018 ( 34:18 
VA.R. 1617 -1744 April 30, 2018), initia ting a 30 -day final 
adoption period. During that period, a number of petitions 
were received concerning substantive changes made 
between the proposed and final regulations. The board 
suspended the regulatory process for the regulation (refer 
to 34:25 VA.R. 2519 August 6, 2018) and established an 
additional 30- day comment period on the changes made Regulations  
Volume 35, Issue 3  Virginia Register of Regulations  October 1, 2018  
427 between publication of the proposed regulation and 
publication of the final regulation.  
On S eptember 7, 2018, the Board of Housing and 
Community Development considered the public comment 
on the provisions and readopted final regulations with the 
following changes from the final regulations shown in 
brackets below.  
13VAC5 -51-131. IFC Chapter 3.  General Requirements.  
*** 
L. The following changes shall be made to Section 317, 
Rooftop Gardens and Landscaped Roofs:  
*** 
3. Change Section 317.3 to read:  
(N)317.3 Rooftop structure and equipment clearance.  
[ For all vegetated roofing systems abutting combustible 
vertical surfaces, a Class A -rated roof system complying 
with ASTM E 108 or UL 790 for required Required  ] 
structure and equipment clearances shall be [ achieved 
for a minimum 6 -foot-wide (1829mm) continuous border 
placed around rooftop structu res and all rooftop 
equipment including mechanical and machine rooms, 
penthouses, skylights, roof vents, solar panels, antenna 
supports, and building service equipment. Rooftop 
structure and equipment clearance shall be ] maintained 
as provided by the appl icable building code.  
*** 
13VAC5 -51-133.5. IFC Chapter 6.  Building Services and 
Systems.  
*** 
E. The following changes shall be made to Section 606, 
Mechanical Refrigeration:  
*** 
28. Change Section 606.13 to read:  
(N)606.13 Discharge location for refrigera tion machinery 
room ventilation. Treatment systems for  [ exhaust from  ] 
mechanical ventilation systems serving refrigeration 
machinery rooms containing flammable, toxic or highly 
toxic refrigerants, other than ammonia, capable of 
exceeding 25% of the LFL o r 50% of the IDLH shall be 
maintained in accordance with the applicable building 
code.  
*** 
13VAC5 -51-134. IFC Chapter 8.  Interior Finish, 
Decorative Materials and Furnishings.  
*** 
B. Change  [ Section title of 803 and  ] Section 803.1 to read:  [ Section 803 Interior Wall and Ceiling Finish and Trim in 
Buildings  ]  
*** 
L. Change  [ Sections  Section  ] 803.10  [ , the title of Section 
804, ] and [ Section  ] 804.1 to read:  
*** 
[ Section 804 Interior Wall and Ceiling Trim and Interior 
Floor Finish in Buildings  ]  
*** 
Q. Change  [ the title of Section 805 and  ] Sections 805.1.1.2, 
805.1.2.2, 805.2.1.2, 805.2.2.2, 805.4.1.2 and 805.4.2.2 to 
read:  
[ Section 805 Upholstered Furniture and Mattresses in 
Buildings  ] 
*** 
R. [ Add Change the title of Section 806 and add  ] exception 
3 to in Section 806.1.1 to read:  
[ Section 806 Decorative Vegetation in Buildings  ] 
3. Trees shall be permitted in places of worship in Group A 
occupancies.  
B. S. Change  [ the title of Section 807 and  ] exception 1 in 
Section 807.3 to read:  
[ Section 807 Decorative Materials Other Than Decorative 
Vegetation in Buildings  ] 
*** 
Y. Change  [ Section  the title of Section 808 and Sections  ] 
808.1 and 808.2 to read:  
[ Section 808 Furnishings Other Than Upholstered Furniture 
and Mattresses or Decorativ e Materials in Buildings  ] 
*** 
13VAC5 -51-135. IFC Chapter 9.  Fire Protection Systems.  
*** 
H. The following changes shall be made to Section 909, 
Smoke Control Systems:  
*** 
17. Change  [ Section  Sections  ] 909.17 and 909.18 to read:  
*** 
(N)909.18 Acceptance  testing.  [ Devices, equipment, 
components and sequences shall be individually tested. 
These tests, in addition to those required by other 
provisions of this code, shall consist of determination of 
function, sequence, and, where applicable, capacity of 
their installed condition.  ]  Regulations  
Volume 35, Issue 3  Virginia Register of Regulations  October 1, 2018  
428 18. Delete sections 909.18.1 through 909.18.8.3.  
19. Change  [ Section  Sections  ] 909.18.8.3.1 and 909.18.9 
to read:  
*** 
13VAC5 -51-135.5. IFC Chapter 10.  Means of Egress.  
*** 
D. The following changes shall be made to Section 1005, 
Means of Egress Sizing:  
1. Change Section 1005.1 to read:  
(N)1005.1 General. All portions of the means of egress 
system shall be sized in accordance with the applicable 
[ building  ] code.  
*** 
VA.R. Doc. No. R16 -4665; Filed September 12, 2018, 9:51 a. m.  
Final Regulation  
REGISTRAR'S NOTICE:  The Board of Housing and 
Community Development is claiming an exemption from 
Article 2 of the Administrative Process Act in accordance 
with §  2.2-4006 A  3, which excludes regulations that consist 
only of changes in style or form or corrections of technica l 
errors. The Board of Housing and Community Development 
will receive, consider, and respond to petitions by any 
interested person at any time with respect to reconsideration 
or revision.  
Title of Regulation: 13VAC5 -63. Virginia Uniform 
Statewide Building Code  (amending 13VAC5 -63-210, 
13VAC5 -63-245, 13VAC5 -63-310, 13VAC5 -63-431, 
13VAC5 -63-432.5, 13VAC5- 63-433, 13VAC5- 63-433.3, 
13VAC5 -63-433.5, 13VAC5- 63-434, 13VAC5- 63-434.5, 
13VAC5 -63-435.5, 13VAC5- 63-440, 13VAC5- 63-450, 
13VAC5 -63-500, 13VAC5 -63-510).  
Statutory Authority:  § 36- 98 of the Code of Virginia.  
Effective Date: November 1, 2018.  
Agency Contact:  Kyle Flanders, Policy Analyst, Department 
of Housing and Community Developm ent, Main Street 
Centre, 600 East Main Street, Suite 300, Richmond, VA 
23219, telephone (804) 786- 6761, FAX (804) 371- 7090, TTY 
(804) 371- 7089, or email kyle.flanders@dhcd.virginia.gov.  
Summary:  
The technical amendments to the Uniform Statewide 
Building Code (USBC) (i) correct errors in numbering and 
punctuation, inadvertent omissions, and typos; (ii) remove 
sections and table rows erroneously included in the final 
version of the USBC; and (iii) clarify instances where 
sections of the incorporated code have  been amended or 
added.  13VAC5 -63-210. Chapter 3 Use and occupancy 
classification.  
A. Change Sections 303.1.1 and 303.1.2 of the IBC to read:  
303.1.1 Small buildings and tenant spaces. A building or 
tenant space used for assembly purposes with an occupan t 
load of less than 50 persons shall be permitted to be 
classified as a Group B occupancy.  
303.1.2 Small assembly spaces. The following rooms and 
spaces shall be permitted to be classified as Group B 
occupancies or as part of the assembly occupancy:  
1. A r oom or space used for assembly purposes with an 
occupant load of less than 50 persons and ancillary to 
another occupancy.  
2. A room or space used for assembly purposes that is 
less than 750 square feet (70 m2) in area and ancillary to 
another occupancy.  
B. Change Section 303.6 of the IBC to read:  
303.6 Assembly Group A -5. Assembly uses intended for 
participation in or viewing outdoor activities including, but 
not limited to:  
Amusement park structures  
Bleachers  
Grandstands  
Stadiums  
Swimming pools  
C. Add Section 304.1.1 to the IBC to read:  
304.1.1 Day support and day treatment facilities. Day 
support and day treatment facilities licensed by the 
Virginia Department of Behavioral Health and 
Developmental Services shall be permitted to be classified 
as Gr oup B occupancies provided all of the following 
conditions are met:  
1. Participants who may require physical assistance from 
staff to respond to an emergency situation shall be 
located on the level of exit discharge.  
2. Any change in elevation within the e xit access on the 
level of exit discharge shall be made by means of a ramp 
or sloped walkway.  
3. Where the facilities are located more than two stories 
above grade, an automatic sprinkler system shall be 
provided throughout the building in accordance with 
Section 903.3.1.1.  
D. Change exception 14 of Section 307.1.1 of the IBC and 
add exception 15 to Section 307.1.1 of the IBC to read:  
14. The storage of black powder, smokeless propellant and 
small arms primers in Groups M, R -3 and R -5 and special