Regulations  
Volume 34, Issue 26  Virginia Register of Regulations  August 20, 2018  
2569 Summary:  
The amendment permits residents of nursing facilities to 
deduct the costs of limited specific dental procedures from 
their contributions toward the costs of their nursing facility 
care. Specifically, nursing facility residents are limited to 
deducting the following dental procedures: (i) routine 
exams and x -rays and dent al cleaning twice yearly; (ii) full 
mouth x -rays once every three years; and (iii) extractions 
and fillings shall be permitted only if medically necessary 
as determined by the department.  
12VAC30 -50-190. Dental services.  
A. Dental services shall be covered for individuals younger 
than 21 years of age in fulfillment of the treatment 
requirements under the Early and Periodic Screening, 
Diagnosis, and Treatment (EPSDT) Program and defined as 
routine diagnostic, preventive, or restorative procedures 
necessary for oral health provided by or under the direct 
supervision of a dentist in accordance with the State Dental 
Practice Act  Chapter 27 (§ 54.1- 2700 et seq.) of Title 54.1 of 
the Code of Virginia .  
1. The state agency  Department of Medical Assistance 
Services  (DMAS)  will provide any medically necessary 
dental service to individuals younger than 21 years of age.  
2. Certain dental services, as described in the agency's  
DMAS  Office Reference Manual (Smiles for Children, 
March 13, 2014), prepared by DMAS'  DMAS's  dental 
benefits administrator, require preauthorization or 
prepayment review by the state agency  DMAS  or its 
designee.  
3. Dental services for individuals younger than the age of 
21 years that do not require preauthorization or prepayment 
review are initial, periodic, and emergency examinations; 
required radiography necessary to develop a treatment 
plan; patient education; dental prophylaxis; fluoride 
treatments; routine amalgam and composite restorations; 
stainless steel crowns, prefabricated steel post and 
temporary (polycarbonate crowns ) crowns,  and stainless 
steel bands; crown recementation; pulpotomies; emergency 
endodontics for temporary relief of pain; pulp capping; 
sedative fillings; therapeutic apical closure; topical 
palliative treatment for dental pain; removal of foreign 
body; simple extractions; root recovery; incision and 
drainage of abscess; surgical exposure o f the tooth to aid 
eruption; sequestrectomy for osteomyelitis; and oral antral 
fistula closure.  
B. Dental services determined by the dental provider to be 
medically appropriate for an adult woman during the term of 
her pregnancy and through the end of the  month following the 
60th day postpartum shall be provided to a Medicaid- enrolled 
pregnant woman. The dental services that shall be covered are 
(i) diagnostic x -rays and exams; (ii) preventive cleanings; (iii) 
restorative fillings; (iv) endodontics (root c anals); (v) periodontics (gum -related treatments); (vi) prosthodontics, 
both removable and fixed (crowns, bridges, partial plates, and 
dentures); (vii) oral surgery (tooth extractions and other oral 
surgeries); and (viii) adjunctive general services (all covered 
services that do not fall into specific professional categories). 
These services require prepayment review by the state agency  
DMAS  or its designee.  
C. For the dental services covered for Medicaid -enrolled 
adult pregnant women, the state agency  DMAS  may place 
appropriate limits on a service based on medical necessity, for 
utilization control, or both. Examples of service limitations 
are: examinations, prophylaxis, fluoride treatment (once/six 
months); space maintenance appliances; bitewing x -ray - two 
films (once/12 months); routine amalgam and composite 
restorations (once/three years); dentures (once/five years); 
extractions, tooth guidance appliances, permanent crowns and 
bridges, endodontics, patient education and sealants (once).  
D. Limited oral surgery procedures, as defined and covered 
under Title XVIII (Medicare), are covered for all recipients, 
and require preauthorization or prepayment review by the 
state agency  DMAS  or its designee as described in the 
agency's Office Reference Manual located  on the DMAS 
website at : http://www.dmas.virginia.gov/Content_atchs  
/dnt/VA_SFC_ORM_140313.pdf  http://www.dmas.virginia.  
gov/#/dentalresources .  
E. Residents of nursing facilities shall be  permitted to deduct 
the costs of limited specific dental procedures from their 
payments toward the costs of their nursing facility care. 
Nursing facility residents shall be limited to deducting the 
following dental procedures: (i) routine exams and x -rays and 
dental cleaning twice yearly; (ii) full mouth x -rays once every 
three years; and (iii) extractions and fillings shall be permitted 
only if medically necessary as determined by DMAS.  
VA.R. Doc. No. R18 -5435; Filed July 30, 2018, 10:12 a.m.  
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TITLE 13. HOUSING  
BOARD  OF HO USING AND COMMUNITY 
DEVELOPMENT  
Final Regulation  
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; 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. 1744- 1961 
April 30, 2018 ; (ii) suspended pursuant to § 2.2- 4007.06 in 
34:22 VA.R. 2140- 2141 June 25, 2018 ; and (iii) readopted as 
final regulations with the changes shown in brackets below.  Regulations  
Volume 34, Issue 26  Virginia Register of Regulations  August 20, 2018  
2570  Title of Regulation: 13VAC5 -63. Virginia Uniform 
Statewide Building Code  (amending 13VAC5 -63-470, 
13VAC5 -63-485).  
Statuto ry Authority:  § 36- 98 of the Code of Virginia.  
Effective Date: September 4, 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, tele phone (804) 786- 6761, FAX (804) 371- 7090, TTY 
(804) 371- 7089, or email kyle.flanders@dhcd.virginia.gov.  
Summary:  
The Virginia Uniform Statewide Building Code (USBC) 
governs the construction, maintenance, and rehabilitation 
of new and existing building and structures. The USBC 
uses nationally recognized model building codes and 
standards produced by the International Code Council and 
other standard- writing groups as the basis for the 
technical provisions of the regulation. Every three years, 
new editions of the model 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.  
Final regulations for the USBC, including 13VAC5- 63-470 
E and 13VAC5 -63-485, were published in Volume 34, 
Issue 18 of the Virginia Register of Regulations on April 
30, 2018 ( 34:18 VA.R. 1744- 1961 April 30, 2018), 
initiating 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 13VAC5- 63-470 E and 13VAC5 -63-485 (refer to 34:22 
VA.R. 2140 -2141 June 25, 2018) and established an 
additional 30- day comment period for these provisions.  
On July 30, 2018, the Board of Housing and Community 
Development considered the public comment on 13VAC5-
63-470 E and 13VAC5- 63-485. The board readopted 
13VAC5 -63-470 E as the final regulations were published 
and readopted 13VAC5- 63-485 with the changes fr om the 
final regulations shown in brackets below.  
13VAC5 -63-485 as readopted allows the code official to 
request legal proceedings when a property owner is served 
with three or more separate notices of violation for the 
same property within any five conse cutive years for  
specific  types of violations.  
13VAC5 -63-470 E (Section 103.2.3 Responsibility).  
*** 
D. E. 103.2.3 Responsibility. The owner of a structure shall 
provide and maintain all buildings, structures, systems, 
facilities and associated equipment in compliance with this code unless it is specifically expressed or implied that it is the 
responsibility  of the tenant or occupant.  
*** 
13VAC5 -63-485. Section 105 Violations.  
105.1 Violation a misdemeanor; civil penalty. In accordance 
with §  36-106 of the Code of Virginia, it shall be unlawful for 
any owner or any other person, firm or corporation, on or 
after the effective date of any code provisions, to violate any 
such provisions. Any locality may adopt an ordinance that 
establishes a uniform schedule of civil penalties for violations 
of specified provisions of the code that are not abated or 
remedied prom ptly after receipt of a notice of violation from 
the local enforcement officer.  
Note: See the full text of §  36-106 of the Code of Virginia 
for additional requirements and criteria pertaining to legal 
action relative to violations of the code.  
105.2 Notic es, reports and orders. Upon findings by the code 
official that violations of this code exist, the code official 
shall issue a correction notice or notice of violation to the 
owner or the person responsible for the maintenance of the 
structure. Work done t o correct violations of this code subject 
to the permit, inspection and approval provisions of the VCC 
shall not be construed as authorization to extend the time 
limits established for compliance with this code.  
105.3 Correction notice. The correction noti ce shall be a 
written notice of the defective conditions. The correction 
notice shall require correction of the violation within a 
reasonable time unless an emergency condition exists as 
provided under the unsafe building provisions of Section 106. 
Upon re quest, the correction notice shall reference the code 
section that serves as the basis for the defects and shall state 
that such defects shall be corrected and reinspected in a 
reasonable time designated by the code official.  
105.4 Notice of violation. If the code official determines 
there are violations of this code a written notice of violation 
may be issued to the owner or the person responsible for the 
maintenance or use of the building or structure in lieu of a 
correction notice as provided for in Sect ion 105.3. In 
addition, the code official shall issue a notice of violation for 
any uncorrected violation remaining from a correction notice 
established in Section 105.3. The code official shall provide 
the section numbers to the owner for any code provisi ons 
cited in the notice of violation. The notice shall require 
correction of the violation within a reasonable time. The 
owner or person to whom the notice of violation has been 
issued shall be responsible for contacting the code official 
within the timefr ame established for any reinspections to 
assure the violations have been corrected. The code official 
will be responsible for making such inspection and verifying 
the violations have been corrected. In addition, the notice of 
violation shall indicate the r ight of appeal by referencing the 
appeals section of this code.  Regulations  
Volume 34, Issue 26  Virginia Register of Regulations  August 20, 2018  
2571 Exceptions:  
1. Notices issued and legal proceedings or emergency 
actions taken under Section 106 for unsafe structures, 
unsafe equipment, or structures unfit for human 
occupancy.  
2. Notices issued for failing to maintain buildings and 
structures as required by Section 103.2, as evidenced by 
multiple or repeated violations on the same property are 
not required to include a compliance deadline for 
correcting defects.  
105.5 Coordination of inspe ctions. The code official shall 
coordinate inspections and administrative orders with any 
other state or local agencies having related inspection 
authority and shall coordinate those inspections required by 
the Virginia Statewide Fire Prevention Code (13VA C5-51) 
for maintenance of fire protection devices, equipment, and 
assemblies so that the owners and occupants will not be 
subjected to numerous inspections or conflicting orders.  
Note: The Fire Prevention Code requires the fire official to 
coordinate such  inspections with the code official.  
105.6 Further action when violation not corrected. If the 
responsible party has not complied with the notice of 
violation, the code official may request the legal counsel of 
the locality to institute the appropriate leg al proceedings to 
restrain, correct or abate the violation or to require the 
removal or termination of the use of the building or structure 
involved. In cases where the locality or legal counsel so 
authorizes, the code official may issue or obtain a summon s 
or warrant.  [ Compliance with a notice of violation 
notwithstanding, the code official may request legal 
proceedings be instituted for prosecution when a person, firm 
or corporation is served with three or more notices of 
violation for the same property.  
105.6.1 Further action for corrected violations: Compliance 
with a notice of violation notwithstanding, the code official 
may request legal proceedings be instituted for prosecution 
when a responsible party is served with three or more 
separate notices of  violation for the same property within any 
five consecutive years. Legal proceedings shall not be 
instituted under this section for violation notices issued 
pursuant to the initial inspection of the property. Legal 
proceedings for violations that have bee n abated in residential 
rental dwelling units within a multifamily apartment 
development may only be instituted for such violations that 
affect safe, decent or sanitary living conditions.  
Exception: Legal proceedings shall not be instituted for 
violations  that have been abated on owner -occupied single 
family dwellings.  ] 
105.7 Penalties and abatement. Penalties for violations of 
this code shall be as set out in §  36-106 of the Code of 
Virginia. The successful prosecution of a violation of the code shall no t preclude the institution of appropriate legal 
action to require correction or abatement of a violation.  
VA.R. Doc. No. R16 -4664; Filed August 1, 2018, 10:36 a.m.  
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TITLE 18. PROFESSIONAL AND 
OCCUPATIONAL LICENSING  
REAL ESTATE APPRAISER BOARD  
Final Regulation  
REGISTRAR'S NOTICE:  The following regulatory action is 
exempt from Article 2 of the Administrative Process Act in 
accordance with §  2.2-4006 A 4 c of the Code of Virginia, 
which excludes regulations that are n ecessary to meet the 
requirements of federal law or regulations provided such 
regulations do not differ materially from those required by 
federal law or regulation. The Real Estate Appraiser Board 
will receive, consider, and respond to petitions by any 
interested person at any time with respect to reconsideration 
or revision.  
Title of Regulation: 18VAC130- 20. Real Estate Appraiser 
Board Rules and Regulations  (amending  18VAC130- 20-
10).  
Statutory Authority:  § 54.1- 2013 of the Code of Virginia.  
Effective Date: October 1, 2018.  
Agency Contact:  Christine Martine, Executive Director, Real 
Estate Appraiser Board, 9960 Mayland Drive, Suite 400, 
Richmond, VA 23233, telephone (804) 367- 8552, FAX (804) 
527-4298, or email reappraisers@dpor.virginia.gov.  
Summary:  
Section 1110 of Title XI of the Financial Institutions 
Reform, Recovery and Enforcement Act of 1989 (12 USC 
§ 3339) requires that real estate appraisals be performed 
in accordance with and reviewed for compliance with 
generally accepted standards as evidenced by the 
appraisal standards promulgated by the Appraisal 
Standards Board (ASB) of the Appraisal Foundation, 
which are known as the Uniform Standards of Professional 
Appraisal Practice (USPAP). The ASB updates USPAP 
every two years and has issued the 2018- 2019 edition, 
which is effective from January 1, 2018, through December 
31, 2019. The amendments update the edition in the 
definition of "USPAP" and as incorporated by  reference.