V.I. Code tit. 29, § 292 (2019)
2019 US Virgin Islands Code|Title 29 - Public Planning and Development|Chapter 5 - Building Code|Subchapter I - Title and General Provisions|§ 292. General purposes, application, and scope

 (a) The purpose of this chapter is to safeguard life and limb, property, and public welfare, through the establishment of minimum building requirements for structural strength and stability. (b) Application.  (1) General—The provisions of this chapter shall apply to the design, materials and methods, and to the construction, alteration, reconstruction, removal, and demolition of every structure located in the Virgin Islands; (2) New Buildings—All new buildings and/or structures constructed after May 1, 1964, shall be required to conform with its provisions; (3) Existing Buildings—After May 1, 1964, all existing buildings and/or structures enlarged, altered, or reconstructed, shall be so enlarged, altered, and reconstructed as to conform with the provisions of this chapter for new buildings, except as otherwise expressly provided for in this chapter. (c) Scope. This chapter does not cover all possible types of construction, design, materials and methods, and it is not the intent of this chapter to limit building to the types of construction design, materials and methods specifically covered herein. It is intended, basically, to assure that accepted engineering practice is employed in the execution of designs, that materials used are suitable for their intended use, and that good construction practices are followed. Therefore, for types of construction, design, materials, and methods not specifically covered in this chapter, it shall be generally necessary only to demonstrate compliance with the aforementioned principles. Nationally recognized codes and standards shall be used by the Commissioner as a basis for determining the acceptability of a design, material, or method not specifically covered in this chapter. (d) Additional requirements. The Commissioner, on his own initiative, or at the request of any interested party, may determine in special cases any additional requirements necessary for the strength or stability of any building or structure to include higher earthquake and hurricane standards recommended by FEMA within its Construction Information Guide for a Stronger Home 3rd Edition Feb. 1996, or for the safety of the occupants thereof, not specifically covered by this chapter; provided that such additional requirements shall not be arbitrarily determined and shall be in the public interest. (e) Projects sponsored by public entities. The Commissioner may vary the requirements of this chapter for public projects or other projects related directly to the public interest, such as a housing project, school, public building, a health facility, or other similar project, when it is deemed justified for the general welfare and convenience of the community. Where the contract for the erection of a public facility or a structure directly related to the public interest is to be awarded after competitive bidding, the Commissioner shall issue an order describing the variance and include the order among the bid documents submitted to interested bidders. In all other cases, the Commissioner shall file an order describing the variance with the Virgin Islands Historic Preservation Commission and attach copies thereof to the plans approved and distributed in accordance with the procedure set forth in section 295(b)(3) of this title. The order describing the variance shall set forth the reason for authorizing a variance from the requirements of this chapter, and variances granted under this subsection shall in no case reduce the structural capability and safety of the facility. (f) Public Buildings. The 2003 International Building Code and any subsequent amendments thereto, are hereby adopted and incorporated by reference in the Virgin Islands Building Code, and notwithstanding the provisions of any other law, shall be applicable to every public building and structure in the Virgin Islands pursuant to subsection (b) of this section. (g) Non-public Buildings, except one and two family dwellings and one family Townhouses not more than three stories in height. Chapters one through thirty-five, and all appendices cited therein of the 2003 International Building Code and any subsequent amendments thereto, are hereby adopted and incorporated by reference in the Virgin Islands Building Code, and notwithstanding the provisions of any other law, shall be applicable to every non-public building and structure in the Virgin Islands pursuant to subsection (b) of this section, except one and two family dwellings and one family townhouses not more than three stories in height. (h) One and Two Family Dwellings and One Family Townhouses not more than three stories in height. Chapters one through forty-three, and all appendices cited therein of the International Residential Code, 2003 edition, and any subsequent amendments thereto, are hereby adopted and incorporated by reference in the Virgin Islands Building Code, and notwithstanding the provisions of any other law, shall be applicable to every one and two family dwelling and one family townhouse not more than three stories in the Virgin Islands pursuant to subsection (b) of this section. (i) Notwithstanding the provisions of any other law, the Commissioner shall resolve any and all discrepancies between the standardized codes adopted and incorporated by reference herein, or any portion thereof, and any other provision of the Virgin Islands Building Code, and when such discrepancies involve building standards, the Commissioner shall apply the higher standard, and shall further have the authority to define all applicable terms by rules and regulations, unless any such term has been previously defined within this chapter. (j) Notwithstanding the provisions of any other law, the Commissioner shall have the authority to adopt and incorporate by reference through rules and regulations any subsequent amendments to the standardized codes, or portions thereof, adopted and incorporated by reference in this chapter. (k) Applicability of the 2003 International Energy Conservation Code. Notwithstanding any law to the contrary, the 2003 International Energy Conservation Code and any subsequent amendments thereto are adopted and incorporated by reference as a part of the Virgin Islands Building Code, title 29 Virgin Islands Code, chapter 5, and shall be applicable to every public, commercial and residential building or structure in the Virgin Islands.