reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part XI - Procedures for Zone Termination › Section 13VAC5-112-510 - Failure to provide local program incentives

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the local governing body or assigned
				  agent(s) is unable or unwilling to provide the specified local incentives as
				  proposed in its application for zone designation or as approved by the
				  department in an amendment the following procedures will apply. In the case of
				  joint applications, these procedures will apply if any local governing body or
				  its assigned agent or agents is unable or unwilling to provide approved local
				  incentives.
B. A local governing
				  body must notify the department in writing within 30 days of any inability or
				  unwillingness to provide an approved local program incentive.
C. A local governing body will have 60 days
				  after submission of the notice required in subsection B of this section to
				  request an amendment to its application. Such a request shall be filed in
				  accordance with the procedures set forth in
				  13VAC5-112-490.
D. The department will review requests for
				  amendments in accordance with the requirements set forth in
				  13VAC5-112-490. Approval of an
				  amendment will allow a zone to continue in operation. If a local governing body
				  fails to provide notice as set forth in subsection B of this section, or has
				  its request for an amendment denied, then the department shall terminate that
				  enterprise zone designation.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part XI - Procedures for Zone Termination › Section 13VAC5-112-520 - Failure to qualify for state incentives

Current through Register Vol. 40, No. 24, July 15, 2024
If no business firms, large zone residents or zone
					 investors have qualified for incentives as provided for in the Enterprise Zone
					 Grant Act within any five-year period, the department shall terminate that
					 enterprise zone designation.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part XII - Procedures for Enterprise Zone Renewal › Section 13VAC5-112-530 - Procedures for zone renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Enterprise zones designated pursuant to
				  13VAC5-112-460
				  are in effect for an initial 10-year period with up to three five-year renewal
				  periods, except as provided for in
				  13VAC5-112-510
				  and
				  13VAC5-112-520.
				  Enterprise zones designated prior to July 1, 2005, are eligible for one
				  five-year renewal. Recommendations for five-year renewals shall be based on the
				  locality's performance of its enterprise zone responsibilities, the continued
				  need for such a zone, and its effectiveness in creating jobs and capital
				  investment. The following procedures shall be used in considering such an
				  enterprise zone for renewal.
B. In
				  anticipation of the 10th, 15th, and 20th anniversaries of an enterprise zone's
				  designation, the locality shall submit to the department on the prescribed form
				  information regarding, but not limited to, (i) the area conditions; (ii) the
				  continued need for the enterprise zone; and (iii) its long-term effectiveness
				  in creating jobs and capital investment. The department shall also consider the
				  locality's long-term performance of enterprise zone responsibilities.
C. A jurisdiction that has shown satisfactory
				  performance and effectiveness, or that is making steady improvement in
				  performance and effectiveness, or has a continued need for an enterprise zone
				  will be recommended to the Governor by the department for an additional
				  five-year designation period. No enterprise zone designation shall be in effect
				  more than 25 years.
D. A
				  jurisdiction that has shown consistently poor performance and effectiveness or
				  that no longer needs an enterprise zone will not be recommended for renewal and
				  will be notified of such in writing by the department.
Statutory Authority: §
												59.1-541 of
						the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part XIII - Zone Termination and Incentive Qualification › Section 13VAC5-112-540 - Zone termination and incentive qualification

Current through Register Vol. 40, No. 24, July 15, 2024
A. A zone shall be terminated in accordance
				  with the procedures set forth in
				  13VAC5-112-510,
				  13VAC5-112-520 and
				  13VAC5-112-530 D upon written
				  notice to a local governing body. The date of such notice is considered to be
				  the date of zone termination.
B.
				  Qualified business firms, large qualified zone residents and qualified zone
				  investors located in a terminated zone may continue to request state enterprise
				  zone incentives for any remaining years in the incentive period for which they
				  are eligible as provided for in
				  13VAC5-112-20,
				  13VAC5-112-110,
				  13VAC5-112-260 and
				  13VAC5-112-330.
C. In the case of qualified business firms
				  and large qualified zone residents qualified under
				  13VAC5-112-20 and
				  13VAC5-112-110, the incentive
				  period shall not go beyond 2019.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part XIV - Administrative Requirements › Section 13VAC5-112-550 - Annual reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  local governing body shall submit annual reports to the department for the
				  purpose of program monitoring and evaluation. Annual reports shall be submitted
				  to the department on Form EZ-3-AR no later than July 15 of the following year.
				  Annual reports shall include information and data for the purpose of program
				  evaluation as requested on Form EZ-3-AR.
B. The department shall review the
				  effectiveness in creating jobs and capital investment and activity occurring
				  within designated enterprise zones and shall annually report its findings to
				  the Senate Finance Committee, the Senate Committee on Commerce and Labor, the
				  House Appropriations Committee, and the House Committee on Commerce and Labor.
				  When the potential exists that the annual fiscal limitations on the enterprise
				  zone incentives will be fully utilized, thus triggering their pro rata
				  distribution, the department shall include this information in the annual
				  report.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part XIV - Administrative Requirements › Section 13VAC5-112-560 - Confidentiality of information

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to § 58.1-3 of the Code of Virginia, except
					 in accordance with proper judicial order or as otherwise provided by law, any
					 employee or former employee of the department shall not divulge any information
					 acquired by him in the performance of his duties with respect to employment,
					 property, or income of any business firm submitted to the department. Any
					 person violating this section shall be guilty of a Class 2 misdemeanor. The
					 provisions of this section shall not be applicable, however, to:
1. Acts performed or words spoken or
				  published in the line of duty under law;
2. Inquiries and investigations to obtain
				  information as to the implementation of this chapter by a duly constituted
				  committee of the General Assembly, or when such inquiry or investigation is
				  relevant to its study, provided that any such information shall be
				  privileged;
3. Disclosures of
				  information to the Department of Taxation or the State Corporation Commission
				  as may be required to implement the provisions of this chapter; or
4. The publication of statistics so
				  classified as to prevent the identification of particular business
				  firms.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part XIV - Administrative Requirements › Form - FORMS (13VAC5-112)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
					 for Enterprise Designation Form, EZ-1 (rev. 2/2015)
Joint
					 Application Agreement Form, EZ-1-JA, (rev. 2/2015)
Enterprise
					 Zone Amendment Application, EZ-2 (undated, filed 8/29/2018)
Joint
					 Amendment Application Agreement Form, EZ-2-JA (undated, filed
					 9/1/2016)
Local
					 Enterprise Zone Annual Report Form, EZ-3-AR (rev. 5/2016)
, online form
					 available at
https://dmz1.dhcd.virginia.gov/camsportal/Login.aspx
Form
					 EZ-3-AR Business Activity Worksheet (rev. 5/2016)
Job
					 Creation Grant Application Form, EZ-JCG (rev. 11/2015)
Job
					 Creation Grant Application Form, EZ-JCG-HUA (rev. 11/2015)
Real
					 Property Investment Grant Application Form and Supplements, EZ-RPIG (rev.
					 11/2015)
General
					 Income Tax Credit Application for Existing Firms, EZ-6E (undated, filed
					 9/7/2016)
, online form available at
https://dmz1.dhcd.virginia.gov/EZApplication/Application6E.aspx
General
					 Income Tax Credit Application for New Firms, EZ-6N (undated, filed
					 9/7/2016)
, online form available at
https://dmz1.dhcd.virginia.gov/EZApplication/Application6N.aspx
Investment
					 tax Credit Qualification Form, EZ-6I (rev. 1/2015)
Statutory Authority: §
												59.1-541 of
						the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 175 - RULES AND REGULATIONS FOR THE VIRGINIA LOW-INCOME HOUSING TAX CREDIT › Section 13VAC5-175-10 - General requirements and application

Current through Register Vol. 40, No. 24, July 15, 2024
A. To qualify for the Virginia low-income
				housing tax credit, the applicant must qualify for and claim the federal
				low-income housing tax credit in accordance with 13VAC10-180, Rules and
				Regulations for Allocation of Low-Income Housing Tax Credits. The Virginia
				Housing Development Authority allocates the federal low-income housing tax
				credit in Virginia.
B. The
				Department of Housing and Community Development (the department) is designated
				to approve, allocate, and certify the use of the Virginia low-income housing
				tax credit. An application for certification to use the state tax credit must
				be filed with the department, on a form prescribed by the department. The
				application shall provide taxpayer identification, information regarding the
				housing unit or units for which a tax credit is sought, and information
				confirming the allocation of the federal low-income housing tax credit during
				the taxable year. The department may require any additional information and
				documentation. After reviewing applications, the department shall notify each
				applicant of the total Virginia low-income housing tax credit allocated for use
				by the applicant. The department shall certify the total Virginia low-income
				housing tax credit allocated for use by each approved applicant to the
				Department of Taxation or the State Corporation Commission.
Statutory Authority
§ 36-55.63 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 175 - RULES AND REGULATIONS FOR THE VIRGINIA LOW-INCOME HOUSING TAX CREDIT › Section 13VAC5-175-20 - Availability of Virginia low-income housing tax credit

Current through Register Vol. 40, No. 24, July 15, 2024
The Virginia low-income housing tax credit is available for
				  qualified housing units placed in service on or after January 1, 1998, in
				  accordance with § 36-55.63 of the Code of Virginia. The state tax credit
				  for each project is based on a percentage of the federal tax credit allowed and
				  claimed for the project. Any portion of the amount allocated may be used during
				  the first year of the allocation, if feasible, or may be carried forward and
				  used in subsequent years in accordance with § 58.1-435 of the Code of
				  Virginia. The amount of a state low-income housing tax credit that may be used
				  for any project during any tax year shall not exceed the amount certified as
				  feasible by the Virginia Housing Development Authority.
Statutory Authority
§ 36-55.63 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 175 - RULES AND REGULATIONS FOR THE VIRGINIA LOW-INCOME HOUSING TAX CREDIT › Section 13VAC5-175-40 - Recapture of Virginia low-income housing tax credit

Current through Register Vol. 40, No. 24, July 15, 2024
The Virginia low-income housing tax credit is a percentage of
				  the federal low-income housing tax credit allowed and claimed. If any person
				  claims the Virginia low-income housing tax credit and is subject to the credit
				  recapture provisions for federal income tax purposes in a subsequent taxable
				  year, the applicant shall, similarly, be subject to a recapture of the state
				  tax credit amount claimed on the Virginia income tax return. The percentage of
				  the federal tax credit recaptured will be used to calculate the amount of the
				  state tax credit to be recaptured. The total recaptured amount of the state tax
				  credit shall be payable to the Virginia Department of Taxation or the State
				  Corporation Commission during the taxable year in which the federal recapture
				  is required.
Statutory Authority
§ 36-55.63 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part I - Administration › Section 13VAC5-200-10 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
Application for solar equipment tax exemption must be made
					 to the local building department.
Statutory Authority
§ 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part I - Administration › Section 13VAC5-200-20 - Plans and Specifications

Current through Register Vol. 40, No. 24, July 15, 2024
Complete plans and specifications of the solar energy
					 equipment, facilities or devices must be submitted to the local building
					 department for review.
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part I - Administration › Section 13VAC5-200-30 - Conformance

Current through Register Vol. 40, No. 24, July 15, 2024
The solar energy system must conform to the provisions of
					 the Virginia Uniform Statewide Building Code.
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part I - Administration › Section 13VAC5-200-40 - Approval

Current through Register Vol. 40, No. 24, July 15, 2024
The applicant for tax exemption must demonstrate to the
					 local building official that the proposed or existing solar system performs its
					 intended function.
Statutory Authority
§ 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part I - Administration › Section 13VAC5-200-50 - Certification

Current through Register Vol. 40, No. 24, July 15, 2024
If, after examination of such equipment, facility or device
					 the local building department determines that the unit is designed and used
					 primarily for the purpose of providing for the collection and use of incident
					 solar energy for water heating, space heating or cooling or other application
					 which would otherwise require a conventional source of energy, and conforms to
					 the criteria set forth in this document, the local building department shall
					 approve and certify such application. The local department shall forthwith
					 transmit to the local assessing officer those applications properly approved
					 and certified by the local building department as meeting all requirements
					 qualifying such equipment, facility or device for exemption from
					 taxation.
Statutory Authority
§ 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part I - Administration › Section 13VAC5-200-60 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
Any person aggrieved by a decision of the local building
					 department may appeal such decision to the local board of building code
					 appeals, which may affirm or reverse such decision.
Statutory Authority
§ 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part I - Administration › Section 13VAC5-200-70 - Assessment

Current through Register Vol. 40, No. 24, July 15, 2024
Upon receipt of the certificate from the local building
					 department the local assessing officer shall, if such local ordinance be in
					 effect, proceed to determine the value of such qualifying solar energy
					 equipment, facilities or devices. The value of such qualifying solar energy
					 equipment, facilities or devices shall not be less than the normal cost of
					 purchasing and installing such equipment, facilities or
					 devices.
Statutory Authority
§ 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part I - Administration › Section 13VAC5-200-80 - Exemption

Current through Register Vol. 40, No. 24, July 15, 2024
The tax exemption shall be determined in accordance with
					 § 58.1-3661D of the Code of Virginia.
Statutory Authority
§ 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part II - Definition › Section 13VAC5-200-90 - Solar energy equipment

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this section is to define solar energy
					 equipment in terms of its function, operation and components for the purpose of
					 determining eligibility for personal or real property tax exemption. This
					 section describes the majority of solar energy systems that are widely used
					 today. This definition is not meant to be all inclusive and some solar energy
					 systems may not be represented. Photovoltaic solar cells are not included in
					 this section but do qualify as solar energy equipment. Any solar energy system
					 submitted for tax exemption that is not covered in this document will be
					 considered on an individual basis for certification by the State Office of
					 Housing.
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part II - Definition › Section 13VAC5-200-100 - Functional description

Current through Register Vol. 40, No. 24, July 15, 2024
Solar heating and hot water system functional description
					 is contained in HUD Intermediate Minimum Property Standards for Solar Heating
					 and Domestic Hot Water Systems, NBSIR #77-1226.
Statutory Authority
§ 58.1-3661 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part III - Passive Solar Energy System › Section 13VAC5-200-110 - Passive solar energy system defined

Current through Register Vol. 40, No. 24, July 15, 2024
An assembly of natural and architectural components
					 including collectors, thermal storage device or devices and transfer medium
					 which converts solar energy into thermal energy in a controlled manner and in
					 which no fans or pumps are necessary to accomplish the transfer of thermal
					 energy. Fans may be used to assist the natural convective air flow in a passive
					 air heating system. The prime element in a passive solar system is usually some
					 form of thermal capacitance.
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part III - Passive Solar Energy System › Section 13VAC5-200-120 - South facing windows used as solar collectors

Current through Register Vol. 40, No. 24, July 15, 2024
Glazing material used in windows on the designated solar
					 surface of south facing walls when it is part of a sun tempered design for the
					 purpose of collecting direct solar heat in the cold season shall be considered
					 solar equipment eligible for tax exemption. The area of south facing glazing
					 considered to be solar energy equipment eligible for tax exemption shall be
					 calculated as follows:
X - Y = Z
"X" - Percentage of glazing contained within the designated
					 solar surface of the south facing wall in respect to the area of that
					 wall.
"Y" - Percentage of glazing on nonsolar surfaces (north,
					 east, west walls, and non-solar south walls) in respect to the area of those
					 walls.
"Z" - Percentage of glazing considered to be solar
					 equipment
The percentage of glazing considered to be solar equipment
					 (Z), is then multiplied by the total invoice cost of the glazing used on only
					 the designated solar surfaces of the south facing walls. The product of these
					 calculations will be the dollar value of glass to be considered as "equipment"
					 in calculating the solar exemption.
Wall heights used in the above calculations shall be
					 considered the distance parallel to the wall from finished floor level to
					 finished ceiling level.
EXAMPLE: A residence is constructed with fifteen percent
					 (15%) of the north, east and west walls consisting of glass. The south wall,
					 however, is eighty-five percent (85%) glass. The total cost of the glass used
					 on the south wall was one thousand (1,000) dollars. To determine the percentage
					 of that cost which is eligible for solar tax exemption, you would perform the
					 following calculations:
85% - 15% = 70%
.70  X $1,000 = $700
(70% of $1,000 = $700)
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part III - Passive Solar Energy System › Section 13VAC5-200-130 - Trombe walls

Current through Register Vol. 40, No. 24, July 15, 2024
The Trombe Wall is a south facing wall of the building
					 envelope composed of a mass wall and exterior glazing. The mass wall functions
					 as a combination heat sink and exterior wall, while the glazing creates a "heat
					 trap" for penetrating solar radiation.
Trombe walls shall be considered solar equipment and all
					 equipment used in the Trombe Wall, such as but not limited to vents, fans,
					 movable insulation, controls, mass wall, glazing, shading devices and any other
					 equipment peculiar to the solar system shall be eligible for tax
					 exemption.
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part III - Passive Solar Energy System › Section 13VAC5-200-140 - Greenhouses

Current through Register Vol. 40, No. 24, July 15, 2024
Glass, fiberglass, or other glazing materials, framing
					 members, and foundations used to enclose south facing areas such as patios,
					 atriums, or greenhouses for purposes of entrapping solar heated air shall be
					 considered solar energy equipment, provided that the warm air be circulated
					 through the principal structure by use of a permanently installed air movement
					 system (forced or convective) and that adequate provisions have been made to
					 prevent nocturnal heat losses and cold weather heat losses through use of
					 insulating devices. Fifty percent (50%) of the invoice cost of labor and
					 materials used in constructing a greenhouse or similar type structure, are to
					 be considered solar heating equipment. The greenhouse is serving two purposes:
(1) that of a solar collector, and
(2) as a means of growing flowers
				  or other plants. Equipment such as ductwork and fans used in circulating solar
				  heated air accumulated within enclosed south facing areas such as patios,
				  atriums, or greenhouses shall be considered solar energy equipment up to the
				  point where such a system is integrated with a conventional heating system.
				  Full credit will be allowed for movable insulation used to reduce nocturnal and
				  cold weather heat losses.
EXAMPLE: Mr. Jones enclosed his south facing patio with
					 fiberglass panels and movable insulation for the purpose of entrapping warm air
					 which accumulates beneath the glazing. The warm air is then circulated through
					 the residence using permanently installed ductwork and fans independent of his
					 conventional heating and cooling system. The fiberglass, movable insulation,
					 fans and ductwork Mr. Jones used in his solar heating system are considered
					 solar equipment and eligible for tax exemption.
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part III - Passive Solar Energy System › Section 13VAC5-200-150 - Thermal storage

Current through Register Vol. 40, No. 24, July 15, 2024
Devices constructed for the primary purpose of storing
					 thermal energy collected and converted by a solar heating system shall be
					 considered solar energy equipment. In passive solar heating systems the thermal
					 storage is often incorporated into the building envelope in the form of thick
					 concrete slab floors or masonry walls insulated on the exterior of the
					 structure. If the thermal storage is serving a dual function as floor or wall
					 of the structure, fifty percent (50%) of the cost of the floor or wall shall be
					 considered solar energy equipment and eligible for tax
					 exemption.
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part III - Passive Solar Energy System › Section 13VAC5-200-160 - Movable insulation

Current through Register Vol. 40, No. 24, July 15, 2024
Movable insulation used to minimize heat loss largely
					 caused by nocturnal radiation through areas used for direct solar heat gain
					 during the daylight hours shall be considered solar energy
					 equipment.
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 200 - SOLAR ENERGY CRITERIA FOR TAX EXEMPTION › Part III - Passive Solar Energy System › Section 13VAC5-200-170 - Shading device

Current through Register Vol. 40, No. 24, July 15, 2024
Any device designed primarily for shading a window or
					 solar collector to prevent solar heat gain during the summer season shall be
					 considered solar energy equipment.
Statutory Authority
§§ 36-97 et seq. and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 13VAC6-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Virginia Manufactured Housing Board. This chapter does not apply to
					 regulations, guidelines, or other documents exempted or excluded from the
					 provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the
					 Code of Virginia).
Statutory Authority
§§ 2.2-4007.02 and 36-85.18 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 13VAC6-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency
				  shall maintain a list of persons who have requested to be notified of
				  regulatory actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 36-85.18 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 13VAC6-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  13VAC6-11-30, the agency shall
				  send the following information:
1. A notice
				  of intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC6-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC6-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  As provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC6-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC6-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC6-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 36-85.18 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC6-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC6-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 1 - Manufacturers › Section 13VAC6-20-20 - License required; annual renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each manufacturer located in or outside of
					 the Commonwealth delivering in or shipping into the Commonwealth manufactured
					 homes for sale, shall apply to the board for a license. The license shall be
					 displayed at the place of business in a conspicuous place accessible to the
					 public. The license shall be issued for a term of one year from the date of
					 issuance.
B. Each licensed
					 manufacturer shall apply for license renewal annually, by application and
					 accompanied by the required fee. Applicants for license renewal shall meet all
					 the criteria for original licensing. Upon failure to renew, the license shall
					 automatically expire.
C. Should the
					 department fail to receive a licensed manufacturer's renewal form and
					 appropriate fee within 30 days of the license expiration date, the manufacturer
					 shall be required to reinstate the license according to the terms and
					 conditions of Article 8 (13VAC6-20-201 et seq.) of this
					 part.
D. For licensing purposes, a
					 manufacturer operating more than one manufacturing facility shall have each
					 location treated as a separate entity and shall adhere to all requirements for
					 manufacturer licensing at each location, including posting a license at each
					 location. Multiple production lines at one site shall be considered as a single
					 facility for licensing purposes under the following conditions:
1. All production lines at that site are
					 identified by the parent company with the same name, address and plant
					 number.
2. All production lines at
					 that site are under the same general and production management.
3. All production lines at that site are
					 identified by the same Federal Identification Number (FIN) for tax
					 purposes.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 1 - Manufacturers › Section 13VAC6-20-30 - Application for licensing; renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application for license or renewal shall
					 be on forms supplied by the department and may be submitted as designated in
					 hard copy or by electronic means. All information required on the form shall be
					 furnished by the applicant for the board's review.
B. Each application for original licensure
					 shall be accompanied by the following:
1.
					 Deposit in the Transaction Recovery Fund required by
					 13VAC6-20-420
					 A 1.
2. Licensing fee required by
					 13VAC6-20-200 A
					 1.
3. Copy of the manufacturer's
					 homeowner and installation manuals.
4. Statement of compliance.
5. List of salespeople licensed in Virginia
					 .
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 1 - Manufacturers › Section 13VAC6-20-40 - Statement of Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
The Statement of Compliance shall be signed by the person
						or responsible officer having full authority to commit his firm to the
						conditions of compliance and shall not be transferable. Violation of the
						Statement of Compliance is ground for suspension of the
						license.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 2 - Dealers › Section 13VAC6-20-50 - License required; annual renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person located in or outside of the
					 Commonwealth buying or selling or offering or displaying manufactured homes for
					 sale in Virginia and meeting the definition of a dealer in
					 13VAC6-20-10 shall
					 apply to the board for a license. The license shall be displayed in a
					 conspicuous place accessible to the public in the office of the business
					 location. The license shall be issued for a term of one year from the date of
					 issuance.
B. Each licensed dealer
					 shall apply for license renewal annually by application and accompanied by the
					 required fee. Applicants for license renewal shall meet all the criteria for
					 original licensing. Upon failure to renew, the license shall automatically
					 expire.
C. Should the department
					 fail to receive a licensed dealer's renewal form and appropriate fee within 30
					 days of the license expiration date, the dealer shall be required to reinstate
					 the license according to the terms and conditions of Article 8 (13VAC6-20-201
					 et seq.) of this part.
D. For
					 licensing purposes, a dealer operating more than one retail location shall have
					 each location treated as a separate entity and shall adhere to all requirements
					 for dealer licensing including posting a license at each location.
E. Each dealer licensed under this chapter
					 shall also obtain a certificate of dealer registration from the Virginia Motor
					 Vehicle Dealer Board (MVDB). The certificate of registration shall be renewed
					 annually and shall be maintained in effect with the MVDB as long as the dealer
					 is licensed under this chapter.
Statutory Authority: §
													36-85.18
						  of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 2 - Dealers › Section 13VAC6-20-60 - Application for licensing; renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application for license or renewal shall
					 be on forms supplied by the department and may be submitted as designated in
					 hard copy or by electronic means. All information required on the form shall be
					 furnished by the applicant for the board's review.
B. Each application for original licensure
					 shall be accompanied by the following:
1.
					 Deposit in the Transaction Recovery Fund required by
					 13VAC6-20-420
					 A 2.
2. Licensing fee required by
					 13VAC6-20-200 A
					 3.
3. Statement of
					 compliance.
4. Verification of a
					 business office with all utilities, including a business telephone, and where
					 the required business records are maintained.
5. Verification of a permanent business sign,
					 in view of public traffic, bearing the name of the firm.
6. List of salespeople employed .
7. Name of the owner, principal, manager,
					 agent, or other person designated as the holder of the dealer's license for the
					 specific location and the names of other partners or principals in the
					 dealership.
Photographs of the front of the business office and
						required sign may be considered as verification required by this
						subsection.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 2 - Dealers › Section 13VAC6-20-70 - Statement of Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
The Statement of Compliance shall be signed by the
						person or responsible officer having full authority to commit the dealer to the
						conditions of compliance and shall not be transferable. Violation of the
						Statement of Compliance is ground for suspension of the
						license.
Statutory Authority
§ 36-85.18 of the Code of Virginia.