Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 63 - VIRGINIA UNIFORM STATEWIDE BUILDING CODE › Part III - Maintenance › Section 13VAC5-63-470 - Section 103 Application of code

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section 103.1 General. This code
				  prescribes regulations for the maintenance of all existing buildings and
				  structures and associated equipment, including regulations for unsafe buildings
				  and structures.
B. Section 103.2
				  Maintenance requirements. Buildings, structures, and systems shall be
				  maintained and kept in good repair in accordance with the requirements of this
				  code and when applicable in accordance with the USBC under which such building
				  or structure was constructed. No provision of this code shall require
				  alterations to be made to an existing building or structure or to equipment
				  unless conditions are present which meet the definition of an unsafe
				  structure.
C. 103.2.1 Maintenance
				  of nonrequired components and systems. Nonrequired components and systems may
				  be discontinued in use provided that no hazard results from such discontinuance
				  of use.
D. 103.2.2 Maintenance of
				  nonrequired fire protection systems. Nonrequired fire protection systems shall
				  be maintained to function as originally installed. If any such systems are to
				  be reduced in function or discontinued, approval shall be obtained from the
				  building official in accordance with Section 103.3.1 of the VCC.
E. 103.2.3 Responsibility. The owner of a
				  structure shall provide and maintain all buildings, structures, systems,
				  facilities, and associated equipment in compliance with this code unless it is
				  specifically expressed or implied that it is the responsibility of the tenant
				  or occupant.
Note: Where an owner states that a tenant is responsible
					 for performing any of the owner's duties under this code, the code official may
					 request information needed to verify the owner's statement, as allowed by
					 §
											55.1-1209A 5 of
					 the Code of Virginia. A tenant's responsibility is limited and protected under
					 the Virginia Residential Landlord and Tenant Act.
F. Section 103.3 Continued approval.
				  Notwithstanding any provision of this code to the contrary, alterations shall
				  not be required to be made to existing buildings or structures which are
				  occupied in accordance with a certificate of occupancy issued under any edition
				  of the USBC.
G. Section 103.4
				  Rental Inspections. In accordance with §
										36-105.1:1 of the Code of
				  Virginia, these provisions are applicable to rental inspection programs. For
				  purposes of this section:
"Dwelling unit" means a building or structure or part
					 thereof that is used for a home or residence by one or more persons who
					 maintain a household.
"Owner" means the person shown on the current real estate
					 assessment books or current real estate assessment records.
"Residential rental dwelling unit" means a dwelling unit
					 that is leased or rented to one or more tenants. However, a dwelling unit
					 occupied in part by the owner thereof shall not be construed to be a
					 residential rental dwelling unit unless a tenant occupies a part of the
					 dwelling unit that has its own cooking and sleeping areas and a bathroom,
					 unless otherwise provided in the zoning ordinance by the local governing
					 body.
The local governing body may adopt an ordinance to inspect
					 residential rental dwelling units for compliance with this code and to promote
					 safe, decent, and sanitary housing for its citizens, in accordance with the
					 following:
1. Except as provided for
				  in subdivision 3 of this subsection, the dwelling units shall be located in a
				  rental inspection district established by the local governing body in
				  accordance with this section; and
2. The rental inspection district is based
				  upon a finding by the local governing body that (i) there is a need to protect
				  the public health, safety, and welfare of the occupants of dwelling units
				  inside the designated rental inspection district; (ii) the residential rental
				  dwelling units within the designated rental inspection district are either (a)
				  blighted or in the process of deteriorating or (b) the residential rental
				  dwelling units are in the need of inspection by the building department to
				  prevent deterioration, taking into account the number, age, and condition of
				  residential dwelling rental units inside the proposed rental inspection
				  district; and (iii) the inspection of residential rental dwelling units inside
				  the proposed rental inspection district is necessary to maintain safe, decent,
				  and sanitary living conditions for tenants and other residents living in the
				  proposed rental inspection district. Nothing in this section shall be construed
				  to authorize one or more locality-wide rental inspection districts, and a local
				  governing body shall limit the boundaries of the proposed rental inspection
				  districts to such areas of the locality that meet the criteria set out in this
				  subsection; or
3. An individual
				  residential rental dwelling unit outside of a designated rental inspection
				  district is made subject to the rental inspection ordinance based upon a
				  separate finding for each individual dwelling unit by the local governing body
				  that (i) there is a need to protect the public health, welfare, and safety of
				  the occupants of that individual dwelling unit; (ii) the individual dwelling
				  unit is either (a) blighted or (b) in the process of deteriorating; or (iii)
				  there is evidence of violations of this code that affect the safe, decent, and
				  sanitary living conditions for tenants living in such individual dwelling unit.
For purposes of this section, the local governing body may
					 designate a local government agency other than the building department to
					 perform all or part of the duties contained in the enforcement authority
					 granted to the building department by this section.
Before adopting a rental inspection ordinance and
					 establishing a rental inspection district or an amendment to either, the
					 governing body of the locality shall hold a public hearing on the proposed
					 ordinance. Notice of the hearing shall be published once a week for two
					 successive weeks in a newspaper published or having general circulation in the
					 locality.
Upon adoption by the local governing body of a rental
					 inspection ordinance, the building department shall make reasonable efforts to
					 notify owners of residential rental dwelling units in the designated rental
					 inspection district or an owner's designated managing agents and to any
					 individual dwelling units subject to the rental inspection ordinance not
					 located in a rental inspection of the adoption of such ordinance and provide
					 information and an explanation of the rental inspection ordinance and the
					 responsibilities of the owner thereunder.
The rental inspection ordinance may include a provision
					 that requires the owners of dwelling units in a rental inspection district to
					 notify the building department in writing if the dwelling unit of the owner is
					 used for residential rental purposes. The building department may develop a
					 form for such purposes. The rental inspection ordinance shall not include a
					 registration requirement or a fee of any kind associated with the written
					 notification pursuant to this subdivision. A rental inspection ordinance may
					 not require that the written notification from the owner of a dwelling unit
					 subject to a rental inspection ordinance be provided to the building department
					 in less than 60 days after the adoption of a rental inspection ordinance.
					 However, there shall be no penalty for the failure of an owner of a residential
					 rental dwelling unit to comply with the provisions of this subsection, unless
					 and until the building department provides personal or written notice to the
					 property owner, as provided in this section. In any event, the sole penalty for
					 the willful failure of an owner of a dwelling unit who is using the dwelling
					 unit for residential rental purposes to comply with the written notification
					 requirement shall be a civil penalty of up to $50. For purposes of this
					 subsection, notice sent by regular first-class mail to the last known address
					 of the owner as shown on the current real estate tax assessment books or
					 current real estate tax assessment records shall be deemed compliance with this
					 requirement.
Upon establishment of a rental inspection district in
					 accordance with this section, the building department may, in conjunction with
					 the written notifications as provided for in this section, proceed to inspect
					 dwelling units in the designated rental inspection district to determine if the
					 dwelling units are being used as a residential rental property and for
					 compliance with the provisions of this code that affect the safe, decent, and
					 sanitary living conditions for the tenants of such property.
If a multifamily development has more than 10 dwelling
					 units, in the initial and periodic inspections, the building department shall
					 inspect only a sampling of dwelling units of not less than two and not more
					 than 10% of the dwelling units of a multifamily development that includes all
					 of the multifamily buildings that are part of that multifamily development. In
					 no event, however, shall the building department charge a fee authorized by
					 this section for inspection of more than 10 dwelling units. If the building
					 department determines upon inspection of the sampling of dwelling units that
					 there are violations of this code that affect the safe, decent, and sanitary
					 living conditions for the tenants of such multifamily development, the building
					 department may inspect as many dwelling units as necessary to enforce these
					 provisions, in which case, the fee shall be based upon a charge per dwelling
					 unit inspected, as otherwise provided in the fee schedule established pursuant
					 to this section.
Upon the initial or periodic inspection of a residential
					 rental dwelling unit subject to a rental inspection ordinance, the building
					 department has the authority under these provisions to require the owner of the
					 dwelling unit to submit to such follow-up inspections of the dwelling unit as
					 the building department deems necessary, until such time as the dwelling unit
					 is brought into compliance with the provisions of this code that affect the
					 safe, decent, and sanitary living conditions for the tenants.
Except as provided for in this section, following the
					 initial inspection of a residential rental dwelling unit subject to a rental
					 inspection ordinance, the building department may inspect any residential
					 rental dwelling unit in a rental inspection district that is not otherwise
					 exempted in accordance with this section, no more than once each calendar
					 year.
Upon the initial or periodic inspection of a residential
					 rental dwelling unit subject to a rental inspection ordinance for compliance
					 with these provisions, provided that there are no violations of this code that
					 affect the safe, decent, and sanitary living conditions for the tenants of such
					 residential rental dwelling unit, the building department shall provide to the
					 owner of such residential rental dwelling unit an exemption from the rental
					 inspection ordinance for a minimum of four years. Upon the sale of a
					 residential rental dwelling unit, the building department may perform a
					 periodic inspection as provided in this section, subsequent to such sale. If a
					 residential rental dwelling unit has been issued a certificate of occupancy
					 within the last four years, an exemption shall be granted for a minimum period
					 of four years from the date of the issuance of the certificate of occupancy by
					 the building department. If the residential rental dwelling unit becomes in
					 violation of this code during the exemption period, the building department may
					 revoke the exemption previously granted under this section.
A local governing body may establish a fee schedule for
					 enforcement of these provisions that includes a per dwelling unit fee for the
					 initial inspections, follow-up inspections, and periodic inspections under this
					 section.
The provisions of this section shall not in any way alter
					 the rights and obligations of landlords and tenants pursuant to the applicable
					 provisions of Chapter 12 (§
												55.1-1200 et seq.) of Title 55.1
					 of the Code of Virginia.
The provisions of this section shall not alter the duties
					 or responsibilities of the local building department under §
												36-105 of the Code of Virginia to
					 enforce the USBC.
Unless otherwise provided for in §
												36-105.1:1 of the Code of
					 Virginia, penalties for violation of this section shall be the same as the
					 penalties provided for violations of other sections of the
					 USBC.