Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1663 TFI RMIP -09, Aboveground Storage Tanks Contain ing 
Liquid Fertilizer, Recommended Mechanical Integrity 
Practices, December 2009, The Fertilizer Institute, 820 First 
Street, NE, Suite 430, Washington, DC 20002  
Underwriters Laboratories, Inc., 333 Pfingsten Road, 
Northbrook, IL 60062 ( http://www.ul.com ): 
UL 87A -12, Outline of Investigation for Power -Operated 
Dispensing Devices for Gasoline and Gasoline/ethanol 
Blends with Nominal Ethanol Concentrations up to 85 
Percent  
UL 294 -2010, Access Control System Units (Fifth Edit ion-
with revisions through September 17, 2010)  
UL 217 -06, Single - and Multiple -station Smoke Alarms -
with revisions through April 2012  
UL 723 -2008, Standard for Test of Surface Burning 
Characteristics of Building Materials -with Revisions 
through September 2 010  
UL 762 -2010, Outline of Investigation for Power 
Ventilators for Restaurant Exhaust Appliances  
UL 1784 -01, Air Leakage Tests of Door Assemblies, 
revised July 2009  
UL 1978 -2010, Grease Ducts  
UL 2034 -2008, Standard for Single and Multiple Station 
Carbo n Monoxide Alarms, revised February 2009  
UL 2075 -2013, Gas and Vapor Detectors and Sensors 
(Second Edition, March 5, 2013)  
Interim  Remediation Guidance for Homes with Corrosion 
from Problem Drywall, April 2, 2010, Joint Report, 
Consumer Products Safety Commission and Department of 
Housing and Urban Development  
VA.R. Doc. No. R16 -4664; Filed January 20, 2017, 2:39 p.m.  
Proposed Regul ation  
REGISTRAR'S NOTICE:  The Board of Housing and 
Community Development is claiming an exemption from Article 
2 of the Administrative Process Act pursuant to §  2.2-4006 A 12 
of the Code of Virginia, which excludes regulations adopted by 
the Board of Housi ng and Community Development pursuant to 
the Statewide Fire Prevention Code (§  27-94 et seq.), the 
Industrialized Building Safety Law (§  36-70 et seq.), the 
Uniform Statewide Building Code (§  36-97 et seq.), and §  36-
98.3 of the Code of Virginia, provided the board (i) provides a 
Notice of Intended Regulatory Action in conformance with the 
provisions of §  2.2-4007.01, (ii) publishes the proposed 
regulation and provides an opportunity for oral and written 
comments as provided in §  2.2-4007.03, and (iii) cond ucts at 
least one public hearing as provided in §§  2.2-4009 and 36 -100 
prior to the publishing of the proposed regulations.  
Title of Regulation:  13VAC5 -91. Virginia Industrialized 
Building Safety Regulations  (amending 13VAC5 -91-160, 
13VAC5 -91-180, 13VAC5 -91-200, 13VAC5 -91-240, 
13VAC5 -91-260, 13VAC5 -91-270).  
Statutory Authority:  § 36-73 of the Code of Virginia.  Public Hearing Information:  
May 15, 2017 - 10 a.m. - Virginia Housing Development 
Authority Virginia Housing Center, 4224 Cox Road, Glen 
Allen, VA 23060  
Public Comment Deadline:  April 21, 2017.  
Agency Contact:  Elizabeth O. Rafferty, Policy and 
Legislative Director, Department of Housing and Community 
Develop ment, Main Street Centre, 600 East Main Street, 
Suite 300, Richmond, VA 23219, telephone (804) 371 -7011, 
FAX (804) 371 -7090, TTY (804) 371 -7089, or email 
elizabeth.rafferty@dhcd.virginia.gov.  
Background:  The Virginia Industrialized Building Safety 
Regulati ons (IBSR) governs the in -factory construction of 
industrialized buildings, which are also known as modular 
buildings. The regulations provide the same standards for 
construction as those buildings constructed on site and 
regulated by the Virginia Uniform Statewide Building Code 
(13VAC5 -63). Both regulations utilize nationally recognized 
model building codes and standards to provide the technical 
requirements for the actual construction of the regulated 
buildings. Every three years, new editions of the mode l codes 
become available. At that time, the Board of Housing and 
Community Development initiates a regulatory action to 
incorporate the newest editions of the model codes into the 
regulation and accepts proposals for changes to the regulation 
from affected  client groups and the public. The Department of 
Housing and Community Development staff maintains 
mailing lists for workgroups involving different subject areas 
of regulation and conducts workgroup meetings to develop 
consensus recommendations, when possi ble, concerning 
submitted proposals. The department uses an online program 
incorporating the provisions of the regulation and the model 
codes and standards to facilitate the submittal of proposals. A 
public hearing is held during the workgroup meeting stag e of 
the process and a comment period established. Once 
workgroup meetings are completed, the board holds a series 
of meetings to consider each proposal, and the approved 
proposals are incorporated into the proposed regulation. After 
publication of the pro posed regulation, the board establishes a 
comment period for the acceptance of comments on 
amendments reflected in the proposed regulation, and an 
additional public hearing is held. The board then meets to 
consider proposals and public comments and develop s a final 
regulation to complete the regulatory process.  
Summary:  
The proposed amendments to the IBSR are as follows:  
13VAC5 -91-160: Update the referenced model codes and 
standards to the most recent editions available.  
13VAC5 -91-180: Remove a re -approval  provision for 
compliance assurance agencies that do the inspection and 
approval of construction of industrialized buildings in the 
plants. Added in the last update of the regulation, this 
requirement has proven to be burdensome and Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1664  unnecessary. The depart ment, which administers the 
regulation, already has the authority in other provisions of 
these subsections to review compliance assurance agencies 
for continued compliance with all requirements applicable 
to compliance assurance agencies and may revoke or 
suspend approvals if warranted.  
13VAC5 -91-200: Delete language authorizing the 
department's administrator to consider whether the 
services provided by compliance assurance agencies have 
been accepted by other jurisdictions. The phase "and by 
other jurisdic tions" is unclear since this is a state -
administered program.  
13VAC5 -91-240: Add language to permit a manufacturer 
to apply an approval label on an industrialized building 
when authorized to do so by a compliance assurance 
agency. The manufacturers and com pliance assurance 
agencies may work together to assure whatever process 
works best for them may be used. The administrator has 
the authority to monitor the activities of both the 
manufacturers and compliance assurance agencies and 
audit records to assure t hat labels are not inappropriately 
handled.  
13VAC5 -91-260 E: Add language addressing the 
refunding of fees for unused registration seals to clarify the 
process.  
13VAC5 -91-160. Use of model codes and standards.  
A. Industrialized buildings produced  entering  the production 
assembly line  after the effective date of the 2012  2015  edition 
of this chapter shall comply with all applicable requirements 
of the codes and standards listed in subsection B of this 
section except that the following codes and standards ma y be 
used for one year  industrialized buildings entering the 
assembly line during a one -year period  after the effective date 
of the 2012  2015  edition of this chapter:  
1. ICC International Building Code - 2009  2012  Edition  
2. ICC International Plumbing Co de - 2009  2012  Edition  
3. ICC International Mechanical Code - 2009  2012  Edition  
4. National Fire Protection Association Standard Number 
70 (National Electrical Code) - 2008  2011  Edition  
5. ICC International Fuel Gas Code - 2009  2012  Edition  
6. ICC Inte rnational Energy Conservation Code - 2009  
2012  Edition  
7. ICC International Residential Code - 2009  2012  Edition  
B. The following documents are adopted and incorporated 
by reference to be an enforceable part of this chapter:  
1. ICC International Buildin g Code - 2012  2015  Edition  
2. ICC International Plumbing Code - 2012  2015  Edition  
3. ICC International Mechanical Code - 2012  2015  Edition  
4. National Electrical Code - 2011  2014  Edition  
5. ICC International Fuel Gas Code - 2012  2015  Edition  6. ICC International Energy Conservation Code - 2012  
2015  Edition  
7. ICC International Residential Code - 2012  2015  Edition  
Note: As the 2012  2015  editions of the International Codes 
are incorporated by reference as the construction standards 
for use wit h these regulations, this chapter is also referred to 
as the 2012  2015  edition of the Virginia Industrialized 
Building Safety Regulations or the 2012  2015  edition of this 
chapter.  
The codes and standards referenced above may be procured 
from:  
Internationa l Code Council, Inc.  
500 New Jersey Avenue, NW, 6th Floor  
Washington, DC 20001 -2070  
13VAC5 -91-180. Compliance assurance agencies.  
A. Application shall be made to the SBCO for acceptance as 
a compliance assurance agency. Application shall be made 
under oa th and shall be accompanied by information and 
evidence that is adequate for the SBCO to determine whether 
the applicant is specially qualified by reason of facilities, 
personnel, experience , and demonstrated reliability to 
investigate, test , and evaluate industrialized buildings for 
compliance with this chapter , and to provide adequate follow -
up and compliance assurance services at the point of 
manufacture.  
B. Following a determination by the SBCO that an 
application is complete, the information contained  in the 
application and any other information deemed necessary by 
the SBCO will be reviewed for approval or disapproval. If the 
application is approved, the applicant will be notified with an 
approval letter for a two -year period from the date of the 
appro val letter . If the application is disapproved, the applicant 
will be notified in writing of the reasons for the disapproval. 
The applicant may then resubmit the application within 30 
days of the receipt of the notification of disapproval for 
reconsideratio n of approval.  
C. Compliance assurance agencies that are already approved 
by the SBCO at the time of the effective date of this provision 
shall have 90 days from the effective date of this provision to 
apply for reapproval in accordance with subsections A  and B 
of this section. Such agencies shall continue to be approved 
while the SBCO evaluates the reapplication. Compliance 
assurance agencies receiving an approval letter from the 
SBCO after the effective date of this provision shall apply for 
reapproval w ithin 90 days prior to the expiration of the two -
year approval period if continued approval as a compliance 
assurance agency is desired.  
D. The SBCO may suspend or revoke the approval of a 
compliance assurance agency upon a determination that (i) 
approval  or reapproval was based upon fraudulent or 
inaccurate information, (ii) a change in facts or circumstances 
renders the agency incapable of meeting its duties and 
responsibilities as a compliance assurance agency in a Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1665 satisfactory manner, or (iii) the agen cy failed to discharge its 
duties and responsibilities as a compliance assurance agency 
in a satisfactory manner. In such cases, the SBCO will issue a 
suspension or revocation notice to the agency outlining the 
reasons for the actions and the terms, if any , for 
reinstatement.  
13VAC5 -91-200. Information required by the 
administrator.  
All of the following information and criteria will be 
considered by the administrator in designating initial approval 
and re -approval of  compliance assurance agencies:  
1. Nam es of officers and location of offices.  
2. Specification and description of services proposed to be 
furnished under this chapter.  
3. Description of qualifications of personnel and their 
responsibilities, including an assurance that personnel 
involved in system analysis, design and plans review, and 
compliance assurance inspections , and their supervisors 
comply with the requirements of the American Society for 
Testing and Material (ASTM) Standard Number E541 -08 - 
Standard Specification for Agencies Engaged  in System 
Analysis and Compliance Assurance for Manufactured 
Building or shall obtain ICC or DHCD certifications in the 
appropriate subject area within 18 months of employment 
and maintain such certifications in an active status.  
4. Summary of experience  within the organization.  
5. General description of procedures and facilities to be 
used in proposed services, including evaluation of the 
model, factory follow -up, quality assurance, labeling of 
production buildings, and specific information to be 
furnished on or with labels.  
6. Procedures to deal with any defective buildings resulting 
from oversight.  
7. Acceptance of these services by independent accrediting 
organizations and by other jurisdictions .  
8. Proof of independence and absence of conflict of 
interest.  
The ASTM Standar d Number E541 -08 may be procured 
from:  
American Society for Testing and Materials  
100 Barr Harbor Drive  
West Conshohocken, PA 19428 -2959  
13VAC5 -91-240. Control of compliance assurance agency 
certification label.  
The labels shall be under direct control of the compliance 
assurance agency until and shall be  applied by the 
manufacturer  to buildings that comply fully with this chapter. 
The labels shall be applied by the compliance assurance 
agency or by the manufacturer when authorized to do so by 
the compli ance assurance agency.  The manufacturer shall 
place its order for labels with the compliance assurance agency. The manufacturer is not permitted to acquire labels 
from any other source. Each compliance assurance agency 
shall keep a list of the serial numbe rs of labels issued to each 
manufacturer's plant in such manner that a copy of the record 
can be submitted to the administrator upon request.  
13VAC5 -91-260. Registration seal for industrialized 
buildings.  
A. Registered industrialized buildings shall be ma rked with 
approved registration seals issued by the SBCO. The seals 
shall be applied to a registered industrialized building 
intended for sale or use in Virginia prior to the shipment of 
the building from the place of manufacture. The seals shall be 
applie d by the compliance assurance agency or by the 
manufacturer when authorized to do so by the compliance 
assurance agency.  
B. Registered industrialized buildings shall bear one 
registration seal on each manufactured section or module, or, 
as an alternative,  the registration seal for each manufactured 
section or module may be placed in one location in the 
completed building.  
C. Approved registration seals shall be purchased by the 
compliance assurance agency from the SBCO in advance of 
use. The fee for each registration seal shall be $75, except that 
the fee for each registration seal for buildings constructed as 
Group R -5 under Part I of the USBC shall be $50. Fees shall 
be submitted by checks made payable to "Treasurer of 
Virginia" or shall be submitted by electronic means. Payment 
for the seals must be received by the SBCO before the seals 
can be sent to the user. The compliance assurance agency 
shall maintain permanent records of seals purchased, 
including a record of any manufacturers receiving such seals .  
D. To the extent practicable, the registration seal shall be 
installed so that it cannot be removed without destroying it. 
The seal shall be applied in the vicinity of the electrical 
distribution panel or in another location that is readily 
accessible f or inspection and shall be installed near the 
certification label.  
E. Refunds of seals shall be in  In accordance with § 36 -85.1 
of the Code of Virginia , any person or corporation having 
paid the fee for an approved registration seal that it will not 
use m ay, unless and except as otherwise specifically 
provided, within one year from the date of the payment of any 
such fee, apply to the administrator for a refund, in whole or 
in part, of the fee paid; provided that no payment shall be 
recovered unless the ap proved registration seal is returned 
unused and in good condition to the administrator . An 
Additionally, as a requirement of this chapter, an  
administrative and processing fee of 25% of the amount of 
the refund due shall be deducted from the refund; howeve r, 
such deduction shall not exceed $250.  Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1666  13VAC5 -91-270. Manufacturer's installation instructions 
and responsibilities of installers.  
A. The manufacturer of each industrialized building shall 
provide specifications or instructions, or both, with each 
building for handling, installing , or erecting the building. 
Such instructions may be included as part of the label from 
the compliance assurance agency or may be furnished 
separately by the manufacturer of the building. The 
manufacturer shall not be required to provide the foundation 
and anchoring equipment for the industrialized building.  
B. Persons or firms installing or erecting registered 
industrialized buildings shall install or erect the building in 
accordance with the manufacturer's instructions.  
C. W here the installation or erection of an industrialized 
building utilizes components that are to be concealed, the 
installer shall notify and obtain approval from the building 
official prior to concealment of such components unless the 
building official has  agreed to an alternative method of 
verification.  
Note: The Virginia Department of Professional and 
Occupational Regulation's Board for Contractors requires 
licenses for certain activities related to the industrialized 
building industry. For more information, contact the Board 
for Contractors at 9960 Mayl and Drive, Suite 400, Richmond, 
VA 23233; (804) 367 -8511 .  
DOCUMENTS INCORPORATED BY REFERENCE 
(13VAC5 -91)  
International Code Council, 500 New Jersey Avenue, NW, 
6th Floor, Washington, DC 20001 -2070 
(http://shop.iccsafe.org/codes.html ): 
ICC International Plumbing Code -- 2009 and  2012 and 
2015  Editions  
ICC International Mechanical Code -- 2009 and  2012 and 
2015  Editions  
ICC International Building Code -- 2009 and  2012 and 
2015  Editions  
ICC International Residential Code -- 2009 and  2012 and 
2015  Editions  
ICC International Fuel Gas Code -- 2009 and  2012 and 
2015  Editions  
ICC International Energy Conservation Code -- 2009 and  
2012 and 2015  Editions  
NFPA 70, National Electrical Code -- 2008 and  2011 and 
2014  Editions, National Fire Protection Association, 1 
Batterymarch Park, Quincy, MA 02169 -7471 
(http://www.nfpa.org/ ) 
ASTM Standard Number E541 -08 -- Standard Specification 
for Agencies Engaged in Syst em Analysis and Compliance 
Assurance for Manufactured Building, American Society for 
Testing and Materials, 100 Barr Harbor Drive, West 
Conshohocken, PA 19428 -2959 ( http://www.astm.org/ ) 
VA.R. Doc. No. R16 -4666; Filed J anuary 20, 2017, 2:41 p.m.