Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 63 - VIRGINIA UNIFORM STATEWIDE BUILDING CODE › Part I - Construction › Section 13VAC5-63-40 - Section 104 Enforcement, generally

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section 104.1 Scope of enforcement. This
				  section establishes the requirements for enforcement of the USBC in accordance
				  with §
										36-105
				  of the Code of Virginia. Enforcement of the provisions of the USBC for
				  construction and rehabilitation shall be the responsibility of the local
				  building department. Whenever a county or municipality does not have such a
				  building department, the local governing body shall enter into an agreement
				  with the local governing body of another county or municipality or with some
				  other agency, or a state agency approved by DHCD for such enforcement. For the
				  purposes of this section, towns with a population of less than 3,500 may elect
				  to administer and enforce the USBC; however, where the town does not elect to
				  administer and enforce the code, the county in which the town is situated shall
				  administer and enforce the code for the town. In the event such town is
				  situated in two or more counties, those counties shall administer and enforce
				  the USBC for that portion of the town situated within their respective
				  boundaries.
However, upon a finding by the local building department,
					 following a complaint by a tenant of a residential dwelling unit that is the
					 subject of such complaint, that there may be a violation of the unsafe
					 structures provisions of Part III of the Virginia Uniform Statewide Building
					 Code, also known as the "Virginia Maintenance Code," or the "VMC," the local
					 building department shall enforce such provisions.
If the local building department receives a complaint that
					 a violation of the VMC exists that is an immediate and imminent threat to the
					 health or safety of the owner, tenant, or occupants of any building or
					 structure, or the owner, occupant, or tenant of any nearby building or
					 structure, and the owner, occupant, or tenant of the building or structure that
					 is the subject of the complaint has refused to allow the local building
					 official or his agent to have access to the subject building or structure, the
					 local building official or his agent may make an affidavit under oath before a
					 magistrate or a court of competent jurisdiction and request that the magistrate
					 or court grant the local building official or his agent an inspection warrant
					 to enable the building official or his agent to enter the subject building or
					 structure for the purpose of determining whether violations of the VMC exist.
					 After issuing a warrant under this section, the magistrate or judge shall file
					 the affidavit in the manner prescribed by §
											19.2-54
					 of the Code of Virginia. After executing the warrant, the local building
					 official or his agents shall return the warrant to the clerk of the circuit
					 court of the city or county wherein the inspection was made. The local building
					 official or his agent shall make a reasonable effort to obtain consent from the
					 owner, occupant, or tenant of the subject building or structure prior to
					 seeking the issuance of an inspection warrant under this section.
The local governing body shall, however, inspect and
					 enforce the provisions of the VMC for elevators, escalators, and related
					 conveyances, except for elevators in single-family and two-family homes and
					 townhouses. Such inspection and enforcement shall be carried out by an agency
					 or department designated by the local governing body.
B. Section 104.2 Interagency coordination.
				  When any inspection functions under this code are assigned to a local agency
				  other than the local building department, such agency shall coordinate its
				  reports of inspection with the local building department.
Statutory Authority: §
												36-98
						of the Code of Virginia.