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 13VAC5-63-100 - Section 110 Permits

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Section 110.1 Approval and issuance of permits. The building official shall
				  examine or cause to be examined all applications for permits or amendments to
				  such applications within a reasonable time after filing. If the applications or
				  amendments do not comply with the provisions of this code or all pertinent laws
				  and ordinances, the permit shall not be issued and the permit applicant shall
				  be notified in writing of the reasons for not issuing the permit. If the
				  application complies with the applicable requirements of this code, a permit
				  shall be issued as soon as practicable. The issuance of permits shall not be
				  delayed in an effort to control the pace of construction of new detached
				  one-family or two-family dwellings.
B. Section 110.1.1 Consultation and
				  notification. Prior to approval or removal of emergency supplemental hardware,
				  the building code official shall consult with the local fire code official, or
				  state fire code official if no local fire code official exists, and head of the
				  local law-enforcement agency. The local fire code official; the state fire code
				  official; and the local fire, EMS, and law-enforcement first responders shall
				  be notified by the building code official of such approval or removal after
				  approval or removal of such emergency supplemental hardware.
C. Section 110.2 Types of permits. Separate
				  or combined permits may be required for different areas of construction, such
				  as building construction, plumbing, electrical, and mechanical work, or for
				  special construction as determined appropriate by the locality. In addition,
				  permits for two or more buildings or structures on the same lot may be
				  combined. Annual permits may also be issued for any construction regulated by
				  this code. The annual permit holder shall maintain a detailed record of all
				  alterations made under the annual permit. Such record shall be available to the
				  building official and shall be submitted to the local building department if
				  requested by the building official.
D. Section 110.3 Asbestos inspection in
				  buildings to be renovated or demolished; exceptions. In accordance with §
										36-99.7 of the Code of Virginia,
				  the local building department shall not issue a building permit allowing a
				  building for which an initial building permit was issued before January 1,
				  1985, to be renovated or demolished until the local building department
				  receives certification from the owner or the owner's agent that the affected
				  portions of the building have been inspected for the presence of asbestos by an
				  individual licensed to perform such inspections pursuant to §
										54.1-503 of the Code of Virginia
				  and that no asbestos-containing materials were found or that appropriate
				  response actions will be undertaken in accordance with the requirements of the
				  Clean Air Act National Emission Standard for the Hazardous Air Pollutant
				  (NESHAPS) ( 40 CFR Part 61 , Subpart M), and the asbestos worker protection
				  requirements established by the U.S. Occupational Safety and Health
				  Administration for construction workers (29 CFR 1926.1101).
				  Local educational agencies that are subject to the requirements established by
				  the Environmental Protection Agency under the Asbestos Hazard Emergency
				  Response Act (AHERA) shall also certify compliance with 40 CFR Part 763 and
				  subsequent amendments thereto.
To meet the inspection requirements in this section, except
					 with respect to schools, asbestos inspection of renovation projects consisting
					 only of repair or replacement of roofing, floorcovering, or siding materials
					 may be satisfied by a statement that the materials to be repaired or replaced
					 are assumed to contain friable asbestos and that asbestos installation,
					 removal, or encapsulation will be accomplished by a licensed asbestos
					 contractor.
The provisions of this section shall not apply to
					 single-family dwellings or residential housing with four or fewer units unless
					 the renovation or demolition of such buildings is for commercial or public
					 development purposes. The provisions of this section shall not apply if the
					 combined amount of regulated asbestos-containing material involved in the
					 renovation or demolition is less than 260 linear feet on pipes or less than 160
					 square feet on other facility components or less than 35 cubic feet off
					 facility components where the length or area could not be measured
					 previously.
An abatement area shall not be reoccupied until the
					 building official receives certification from the owner that the response
					 actions have been completed and final clearances have been measured. The final
					 clearance levels for reoccupancy of the abatement area shall be 0.01 or fewer
					 asbestos fibers per cubic centimeter if determined by Phase Contrast Microscopy
					 analysis (PCM) or 70 or fewer structures per square millimeter if determined by
					 Transmission Electron Microscopy analysis (TEM).
E. Section 110.4 Fire apparatus access road
				  requirements. The permit applicant shall be informed of any requirements for
				  providing or maintaining fire apparatus access roads prior to the issuance of a
				  building permit.
F. Section 110.5
				  Posting of permits; limitation of approval. A copy of the permit shall be
				  posted on the construction site for public inspection until the work is
				  completed. Such posting shall include the street or lot number if one has been
				  assigned, to be readable from a public way. In addition, each building or
				  structure to which a street number has been assigned shall, upon completion,
				  have the number displayed so as to be readable from the public way.
A permit shall be considered authority to proceed with
					 construction in accordance with this code, the approved construction documents,
					 the permit application, and any approved amendments or modifications. The
					 permit shall not be construed to otherwise authorize the omission or amendment
					 of any provision of this code.
G. Section 110.6 Abandonment of work. A
				  building official shall be permitted to revoke a permit if work on the site
				  authorized by the permit is not commenced within six months after issuance of
				  the permit or if the authorized work on the site is suspended or abandoned for
				  a period of six months after the permit is issued; however, permits issued for
				  plumbing, electrical, and mechanical work shall not be revoked if the building
				  permit is still in effect. It shall be the responsibility of the permit
				  applicant to prove to the building official that authorized work includes
				  substantive progress, characterized by approved inspections as specified in
				  Section 113.3 of at least one inspection within a period of six months or other
				  evidence that would indicate substantial work has been performed. Upon written
				  request, the building official may grant one or more extensions of time, not to
				  exceed one year per extension.
H.
				  Section 110.7 Single-family dwelling permits. The building official shall be
				  permitted to require a three-year time limit to complete construction of new
				  detached single-family dwellings, additions to detached single-family
				  dwellings, and residential accessory structures. The time limit shall begin
				  from the issuance date of the permit. The building official may grant
				  extensions of time if the applicant can demonstrate substantive progress,
				  characterized by approved inspections as specified in Section 113.3 of at least
				  one inspection within a period of six months or other evidence that would
				  indicate substantial work has been performed.
I. Section 110.8 Revocation of a permit. The
				  building official may revoke a permit or approval issued under this code in the
				  case of any false statement, misrepresentation of fact, abandonment of work,
				  failure to complete construction as required by Section 110.7, noncompliance
				  with provisions of this code and pertinent laws and ordinances, or incorrect
				  information supplied by the applicant in the application or construction
				  documents on which the permit or approval was based.
J. Section 110.9 Cancellation of permit. The
				  building official shall cancel a permit at the request of the permit holder or
				  the owner. An incomplete building or structure shall not be left as an unsafe
				  building or structure.
Statutory Authority: §
												36-98 of the Code of
						Virginia.