Virginia HB 950: Uniform Statewide Building Code; temporarily prohibit modifications to Code.

Bill Text

2024SESSION
HOUSESUBSTITUTE
24109353D
1 HOUSEBILLNO.950
2 AMENDMENTINTHENATUREOFASUBSTITUTE
3 (ProposedbytheGovernor
4 onApril8,2024)
5 (PatronPriortoSubstitute––DelegateLopez)
6 A BILL to amend and reenact §§ 36-98 and 36-137 of the Code of Virginia, relating to Uniform
7 Statewide Building Code; evaluation of proposed legislation.
8 Be it enacted by the General Assembly of Virginia:
9 1. That §§36-98 and 36-137 of the Code of Virginia are amended and reenacted as follows:
10 § 36-98. Board to promulgate Statewide Code; other codes and regulations superseded;
11 exceptions.
12 A. The Board is hereby directed and empowered to adopt and promulgate a Uniform Statewide
13 Building Code. Such building code shall supersede the building codes and regulations of the counties,
14 municipalities and other political subdivisions and state agencies.
15 However, such Code shall not supersede the regulations of other state agencies which require and
16 govern the functional design and operation of building related activities not covered by the Uniform
17 Statewide Building Code including but not limited to (i) public water supply systems, (ii) waste water
18 treatment and disposal systems, and (iii) solid waste facilities. Nor shall state agencies be prevented
19 from requiring, pursuant to other state law, that buildings and equipment be maintained in accordance
20 with provisions of the Uniform Statewide Building Code.
21 Such Code also shall supersede the provisions of local ordinances applicable to single-family
22 residential construction that (a) regulate dwelling foundations or crawl spaces, (b) require the use of
23 specific building materials or finishes in construction, or (c) require minimum surface area or numbers
24 of windows; however, such Code shall not supersede proffered conditions accepted as a part of a
25 rezoning application, conditions imposed upon the grant of special exceptions, special or conditional use
26 permits or variances, conditions imposed upon a clustering of single-family homes and preservation of
27 open space development through standards, conditions, and criteria established by a locality pursuant to
28 subdivision 8 of § 15.2-2242 or § 15.2-2286.1, or land use requirements in airport or highway overlay
29 districts, or historic districts created pursuant to § 15.2-2306, or local flood plain regulations adopted as
30 a condition of participation in the National Flood Insurance Program.
31 B. When any legislative bill requiring the Board to amend the Uniform Statewide Building Code is
32 filed during any session of the General Assembly, the Chairman of the committee to which the bill is
33 referred shall request that the Board prepare an evaluation of the legislation to determine its necessity
34 and impact on public health, safety, and welfare.
35 C. Upon receipt of a request pursuant to subsection B, the Board shall prepare the evaluation and
36 forward copies of such evaluation to the Governor and to the Clerk of the House of Delegates for
37 House bills and the Clerk of the Senate for Senate bills no later than November 1 of the same year for
38 requests received during a regular session of the General Assembly or as soon as practicable for
39 requests received during a special session of the General Assembly for transmittal to each patron of the
40 legislation and to the Chairman of each committee of the General Assembly to consider the same. All
41 departments and agencies of the Commonwealth are directed to make available such information and
42 assistance as the Board may request in preparing the evaluations required by this section.
43 § 36-137. Powers and duties of Board; appointment of Building Code Academy Advisory
44 Committee.
45 The Board shall exercise the following powers and duties, and such others as may be provided by
46 law:
47 1. Provide a means of citizen access to the Department.
48 2. Provide a means of publicizing the policies and programs of the Department in order to educate
49 the public and elicit public support for Department activities.
50 3. Monitor the policies and activities of the Department and have the right of access to departmental
51 information.
52 4. Advise the Governor and the Director on matters relating to housing and community development.
53 5. Make such rules and regulations as may be necessary to carry out its responsibilities and repeal or
54 amend such rules when necessary.
55 6. Issue a certificate of competence concerning the content, application, and intent of specified
56 subject areas of the building and fire prevention regulations promulgated by the Board to present or
57 prospective personnel of local governments and to any other persons seeking to become qualified to
58 perform inspections pursuant to Chapter 6 (§ 36-97 et seq.), Chapter 9 (§ 27-94 et seq.) of Title 27, and
59 any regulations adopted thereunder, who have completed training programs or in other ways
HOUSE
SUBSTITUTE
HB950H2
4/12/24
13:14

HB950H2 2of2
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