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 13VAC5-63-180 - Section 118 Buildings or structures that become a threat to public safety during construction

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Section 118.1 General. Any building or structure that is under construction and
				  has not received a permanent certificate of occupancy (CO), or final inspection
				  if a CO will not be issued, that has been determined by the building official
				  to be an immediate threat to public safety due to faulty construction,
				  deterioration, damage, or structural instability shall be made safe through
				  compliance with this code or shall be demolished and removed if determined
				  necessary by the building official.
B. Section 118.2 Correction notice. The
				  building official shall issue a correction notice that describes the condition
				  of the structure that is the basis for the determination that a violation of
				  Section 118 exists. The correction notice shall state what is required to
				  correct the violation and provide a reasonable time to make the corrections, or
				  if the structure is required to be demolished, the notice shall specify the
				  time period within which the demolition must occur.
C. Section 118.3 Notice of violation. When
				  the violation has not been corrected in accordance with the correction notice
				  issued per Section 118.2, the building official is authorized to issue a notice
				  of violation in accordance with Section 115 of this code.
D. Section 118.3.1 Vacating unsafe building
				  or structure. If the building official determines there is actual and immediate
				  danger to the occupants or public, or when life is endangered by the occupancy
				  of an unsafe building or structure, the building official shall be authorized
				  to order the occupants to immediately vacate the unsafe building or structure.
				  When an unsafe building or structure is ordered to be vacated, the building
				  official shall post a notice at each entrance that reads as follows:
"This Building (or Structure) is Unsafe and its Occupancy
					 (or Use) is Prohibited by the Building Official."
After posting, occupancy or use of the unsafe building or
					 structure shall be prohibited except when authorized to enter to conduct
					 inspections, make required repairs, or as necessary to demolish the building or
					 structure.
E. Section 118.4
				  Posting of notice. The notice shall be sent by registered or certified mail to
				  the last known address of the responsible party and a copy of the notice shall
				  be posted in a conspicuous place on the premises.
F. Section 118.5 Posting of placard. In the
				  case of an unsafe building or structure, if the notice is not complied with, a
				  placard with the following wording shall be posted at the entrance to the
				  building or structure:
"This Building (or Structure) is Unfit for Habitation and
					 its Use or Occupancy has been Prohibited by the Building Official."
After an unsafe building or structure is placarded,
					 entering the unsafe building or structure shall be prohibited except as
					 authorized by the building official to make inspections, to perform required
					 repairs, or to demolish the unsafe building or structure. In addition, the
					 placard shall not be removed until the unsafe building or structure is
					 determined by the building official to be safe to occupy. The placard shall not
					 be defaced.
G. Section
				  118.6 Emergency repairs and demolition. To the extent permitted by the
				  locality, the building official may authorize emergency repairs or securing of
				  the site when it is determined that there is an imminent threat to the life and
				  safety of the public. The building official shall be permitted to authorize the
				  necessary work to make the structure temporarily safe whether or not legal
				  action to compel compliance has been instituted.
In addition, if the notice of violation included an order
					 to demolish the structure and the demolition has not occurred in the time
					 period stipulated, the building official shall be permitted to cause the unsafe
					 structure to be demolished. In accordance with §§
											15.2-906 and
					 15.2-1115 of the Code of
					 Virginia, the legal counsel of the locality may be requested to institute
					 appropriate action against the property owner to recover the costs associated
					 with any such emergency repairs or demolition and every such charge that
					 remains unpaid shall constitute a lien against the property on which the
					 emergency repairs or demolition were made and shall be enforceable in the same
					 manner as provided in Articles 3 (§
											58.1-3940 et seq.) and 4 (§
											58.1-3965 et seq.) of Chapter 39
					 of Title 58.1 of the Code of Virginia.
Note: Building officials and local governing bodies should
					 be aware that other statutes and court decisions may impact on matters relating
					 to demolition, in particular whether newspaper publication is required if the
					 owner cannot be located and whether the demolition order must be delayed until
					 the owner has been given the opportunity for a hearing.
H. Section 118.7 Closing of streets. When
				  necessary for public safety, the building official shall be permitted to order
				  the temporary closing of sidewalks, streets, public ways, or premises adjacent
				  to a structure that has become a threat to public safety during
				  construction
.
Statutory Authority: §
												36-98 of the Code of
						Virginia.