[HISTORY: Adopted by the Board of Supervisors
of Buchanan County 7-3-1974; amended in its entirety 11-3-2008. Amendments noted where applicable.]
GENERAL REFERENCES
In regard to statutory references, unless the
County specifically amends the statutory provisions to the contrary
or repeals the statutory provisions, future amendments to said statute
shall take effect as provided by law.
Erosion and sediment control — See Ch. 31.1.
Fences — See Ch. 33A.
Flood damage prevention — See Ch. 34.
Land use — See Ch. 51.
A.
There is hereby adopted by reference in the County
of Buchanan, Virginia, the Virginia Uniform Statewide Building Code
(VUSBC) and the amendments thereto, which is effective the first day
of September, 1973, the provisions of which are adopted and shall
control all matters concerning the construction, alteration, addition,
repair, removal, demolition, use, location, occupancy and maintenance
of all buildings and all other functions which pertain to the installation
of all systems vital to all buildings and all other functions which
pertain to the installation of all systems vital to all buildings
and structures and their service equipment, as defined by the Virginia
Uniform Statewide Building Code, and shall apply to existing and proposed
buildings or structures in the County of Buchanan, Virginia.
B.
Pursuant to authority granted in the Code of Virginia,
§ 36-105, as amended, it is hereby expressly provided that
the property maintenance provisions of the VUSBC, as they may be amended
from time to time by the Virginia Board of Housing and Community Development
(VBHCD), are adopted and in effect in Buchanan County and that, in
accordance thereto, existing buildings and structures, permanent or
temporary, whether occupied or not, and their associated equipment
may be inspected after completion of construction to ensure that the
buildings and structures are maintained in accordance with VUSBC regulations.
C.
There are in effect in Virginia and, therefore, also
in Buchanan County, the Virginia Amusement Device Regulations, the
Virginia Certification Standards, the Virginia Industrialized Building
Safety Regulations and the Virginia Manufactured Home Safety Regulations
pursuant to the Code of Virginia, and as they may be amended from
time to time by the VBHCD.
D.
Nothing in this chapter shall be held to preclude
compliance with any zoning, health, safety, sanitation or provisions
of the Code of the County of Buchanan, heretofore or hereafter adopted.
There is hereby established a Building Inspection
Department, whose responsibility it is to enforce the provisions of
the Virginia Uniform Statewide Building Code as stated in Article
I, Section 9, of the Uniform Statewide Building Code. The cost of
enforcement may be defrayed through the levying of fees by the locality
as provided in § 36-105 of the Code of Virginia. The Building
Official, in concurrence with the chief appointing authority, shall
be responsible for the organization and daily operation of the department.
[Amended 6-1-2015]
A.
Permits;
inspection procedure.
(1)
All applicants shall have from the Buchanan County Health Department
an updated septic system or layout and approved water, or statement
from P.S.A. if on public water and sewage.
(2)
All work not performed by property owner must be done by Virginia
State licensed contractors, with the appropriate endorsements for
job to be performed.
(3)
No permit to begin work for new construction or other building operations
shall be issued until the fees prescribed in this section shall have
been paid. The fees shall be affixed at the following rates:
(a)
Minimum fee: $20.
(b)
Residential (new houses and modular homes): $0.05 per square
foot.
(c)
Singlewide mobile homes: $40.
(d)
Doublewide mobile homes: $75.
(e)
Commercial, industrial: $7.50 per $1,000 of estimated cost.
(f)
All remodeling and additions: $5 per $1,000 of estimated cost.
(g)
Specialty permits (electrical, plumbing, heating and cooling,
re-roofing, demolition, other miscellaneous): $5 per $1,000 of estimated
cost.
(h)
Storage tanks (install or remove): $20 per tank.
(i)
Storage and utility buildings: $5 per $1,000 of estimated cost.
B.
Fee
for plan review. A special fee shall be paid by the applicant when
plans of a special design are filed with the Building Inspection Department.
The fee for this review shall be that which is charged by the third
party certified plan reviewer and shall be in addition to any other
fee required by this chapter.
C.
There shall be a state levy of 2% on all permit fees.
D.
Review fee. Work started prior to obtaining required permits shall
be assessed a review fee equal to the normal permit fee, and payment
of such fee shall not relieve any person from complying with the Uniform
Statewide Building Code.
[Added 2-6-2023[1]]
[1]
Editor's Note: This ordinance provided for the redesignation
of former Subsection D as Subsection E.
E.
Inspections.
(1)
For first inspection, the Building Code Office shall be notified
when excavation is completed and before concrete is poured.
(2)
Second inspection is on heating, electrical and plumbing rough-in.
(3)
Final inspection upon completion.
(4)
Work shall not proceed until the inspector has approved the various
stages of construction.
(5)
Approved plans must be retained on the job and card posted until
final inspection has been made.
A.
The owner of a building or structure or any other
person may appeal from a decision of the Building Official refusing
to grant a permit or a modification of the provisions of the basic
code covering the manner of construction or materials to be used in
the erection, alteration or repair of a building or structure to the
Board of Building Code Appeals. Application for appeal may be made
when it is claimed that the true intent of the basic code or the rules
legally adopted thereunder have been incorrectly interpreted, the
provisions of the basic code do not fully apply or an equally good
or better form of construction can be used. Any application for appeal
relating to new construction shall be submitted to the Board within
90 calendar days from receipt of the decision to be appealed. Appeals
relating to property maintenance provisions of the VUSBC shall be
submitted within 21 calendar days; and appeals relating to the application
of Virginia Amusement Device Regulations (VDAR) shall be submitted
within 14 calendar days of receipt of the decision to be appealed.
B.
The Board of Building Code Appeals shall consist of
six members and be appointed by the Board of Supervisors in accordance
with the appeal provisions of the VUSBC and shall function in conformance
with Section 121.0 of the BOCA National Building Code and the administrative
amendments.
C.
Compensation for the Board of Appeals members shall
be determined by the Board of Supervisors of the County of Buchanan.
D.
To the extent such persons may be available, the membership
of the Board shall consists of individuals as follows:
(1)
Two registered design professionals who are architects
or civil engineers; or a builder or superintendent of building construction
with at least 10 years' experience, five of which shall have been
in responsible charge of work.
(2)
A registered design professional with structural engineering
or architectural experience.
(3)
A registered design professional with mechanical or
plumbing engineering experience; or a mechanical or plumbing contractor
with at least 10 years' experience, five of which shall have been
in responsible charge of work.
(4)
A registered design professional with electrical engineering
experience; or an electrical contractor with at least 10 years' experience,
five of which shall have been in responsible charge of work.
(5)
A property manager with at least five years of experience.
E.
In the event any member ceases to meet the qualifications
of the category under which he was appointed, his position shall be
deemed vacant and a new member shall be appointed by the Board of
Supervisors.
F.
Any member may be removed by the Board of Supervisors
for cause, including but not limited to failure to perform the duties
imposed upon him by this chapter, including attendance at meetings
of the Board. Any such member shall be given notice of his removal
and opportunity to be heard.
G.
The term of office shall be four years each, except
that members may initially be appointed to shorter terms in order
to stagger the terms so that no less than half of the terms expire
in any one year or until removed by the Board of Supervisors. Vacancies
shall be filled by the Board of Supervisors for the unexpired portion
of the term of any appointee.
H.
The Board of Supervisors shall appoint up to four alternate members to the Board, who shall be called by the Chairman to hear appeals in the absence or disqualification of any regular member. Such alternates shall meet the same qualifications as the members of the Board, as set forth above in Subsection D.
I.
The Board of Building Code Appeals shall annually
select one of its members to serve as Chairman. In the event of the
absence of the Chairman at a meeting, the members present shall select
an acting Chairman. The Chairman shall have the power and duty to
direct the hearing, rule upon the acceptance of evidence, and oversee
the record of all proceedings. The Building Official, on behalf of
the Board of Supervisors, shall designate a secretary to the Board,
who shall keep a detailed record of all proceedings on file in the
office of the Building Official or his designee and shall file a copy
of every resolution(s) with the Clerk to the Board of Supervisors.
J.
A member of the Board of Building Code Appeals shall
not hear an appeal in which that member has any conflict of interest
in accordance with the State and Local Government Conflict of Interests
Act as set forth in Virginia Code § 2.2-3100 et seq. and
its subsequent recodification, if any.
K.
The Board shall meet, upon notice from the Board Chairman,
within 30 calendar days of the filing of an appeal pertaining to the
VUSBC, except that a longer period of time shall be permitted if agreed
to by all the parties involved in the appeal. The Board shall meet
within seven days of the filing of an appeal pertaining to the VADR.
L.
All hearings shall be open to the public. The appellant,
the appellant's representative, the Building Official, and any other
person whose interests may be affected by the matter on appeal shall
be given an opportunity to be heard. The Board shall conduct its hearing
in conformance with the procedures adopted by the Board and made available
to the public through the secretary to the Board.
M.
When there are fewer than four members and/or alternates
present to hear an appeal, any party to the appeal shall have the
right to request a postponement of the hearing. The Board shall reschedule
the meeting within 30 calendar days of the postponement, or a longer
period of time if agreed to by all parties to the appeal.
N.
A concurring vote of the majority of members of the
Board present at a meeting is required to reverse or modify the decision
of the Building Official.
O.
Every decision of the Board shall be by resolution
signed by the Chairman and retained as part of the record. Certified
copies of the resolution shall be furnished to the appellant and to
the Building Official. The resolution shall contain a statement indicating
that, if further appeal is sought, application shall be made to the
State Technical Review Board within 21 calendar days of receipt of
the resolution.
P.
The Building Official shall take immediate action
in accordance with the decision of the Board, unless such decision
is appealed to the State Technical Review Board or to the courts.
In such event, the Building Official shall take immediate action,
if necessary, after any such appeal has been finally and fully resolved.
Q.
Any person who was a party to the appeal may further
appeal the decision of the Board concerning the VUSBC or VADR to the
State Building Code Technical Review Board. Application for review
of a decision rendered under the VUSBC shall be made to the State
Building Code Technical Review Board within 21 calendar days of receipt
of the resolution setting forth the decision of the local appeals
board to be appealed. Application for review of a decision rendered
under the VADR shall be made to the State Building Code Technical
Review Board within 14 calendar days of receipt of the resolution
setting forth the decision of the local appeals board to be appealed.
[Added 2-6-2023]
It shall be unlawful for any owner or any other person to violate
or fail to comply with any provision of this chapter. Any owner or
any other person violating or failing to comply with any provision
of this chapter shall, upon conviction thereof, be punished as provided
in Code of Virginia, § 36-106. The provisions of Va. Code
§ 36-106, as amended, is hereby incorporated by reference
and made a part of this section.
