SB 1305 — Farm buildings and structures; building code exemptions.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E644 An Act to amend and reenact § 36-99 of the Code of Virginia, relating to farm buildings and structures;

R O [S 1305] Approved LMarch L26, 2023 Be it enacted by the General Assembly of Virginia:

E § 36-99.

DA. and rehabilitation of buildings and structures, and the equipment therein as defined in § 36-97, and shall prescribe regulations to ensure that such buildings and structures are properly maintained, and shall also prescribe procedures for the administration and enforcement of such regulations, including procedures to be used by the local building department in the evaluation and granting of modifications for any provision of the Building Code, provided the spirit and functional intent of the Building Code are observed and public health, welfare and safety are assured.

The provisions of the Building Code andshall modificationsprescribe thereofbuilding shallregulations to be suchcomplied aswith toin protect the health,construction safety and welfarerehabilitation of thebuildings residenBsand ofstructures, and the Commonwealth,equipment providedtherein as defined in § 36-97, and shall prescribe regulations to ensure that such buildings and structures shouldare beproperly permittedmaintained, toand beshall constructed,also 3prescribe safety,procedures energyfor conservationthe administration and waterenforcement conservation,of includingsuch provisionsregulations, necessaryincluding procedures to preventof5health,provision overcrowding,of rodentthe orBuilding insectCode, infestation,provided the spirit and garbagefunctional accumulation;intent of the Building Code are observed and public health, welfare and safety are assured.

The provisions of the Building Code and modifications thereof shall be such as to protect the health, safety and welfare of the residents of the Commonwealth, provided that buildings and structures should be permitted to be constructed, rehabilitated and maintained at the least possible cost consistent with recognized standards of health, safety, energy conservation and water conservation, including provisions necessary to prevent overcrowding, rodent or insect infestation, and garbage accumulation;

Notwithstanding the provisions of this section, farm buildings and structures shall be exempt from the provisions of the Building Code, except for a building or a portion of a building located on a farm that is operated as a restaurant as defined in § 35.1-1 and licensed as such by the Board of Health pursuanttpursuant to Chapter 2 (§ 35.1-11 et seq.) of Title 35.1.

1.

Portable fire extinguishers for the purpose of fire suppression;

asC. to facilitate the prompt acceptance of new building materials and methods.

WhenWhere generallyformance,practical, sothe recognizedCode standards of performance are not available, such provisions shall providebe forstated acceptancein terms of materialsrequired andlevel methodsof whoseperformance, performanceso hasas beento foundfacilitate by the localprompt buildingacceptance department, on the basis of reliablenew testbuilding materials and evaluationmethods. data, presented by the proponent, to be substantially equal in safety to those specified.

When generally recognized standards of performance are not available, such provisions shall provide for acceptance of materials and methods whose performance has been found by the local building department, on the basis of reliable test and evaluation data, presented by the proponent, to be substantially equal in safety to those specified.

The Board, upon a finding that sufficient allegations exist regarding failures noted in several localities of performance standards by either building materials, methods, or design, may conduct hearings on such allegations if it determines that such alleged failures, if proven, would have an adverse writtenimpact notice,on the Boardhealth, shallsafety, conveneor awelfare hearingof tothe considercitizens suchof allegations.the Commonwealth.

SuchAfter noticeat shallleast be'21 givendays' towritten thenotice, known manufacturers of the subjectBoard buildingshall materialconvene anda ashearing manyto otherconsider interestedsuch parties,allegations. of 2 industry representatives, and trade groups as can reasonably be identified.

FollowingSuch thenotice hearing,shall thebe Board,given uponto finding that (i) the currentknown technicalmanufacturers or administrative Code provisions allow use of orthe resultsubject in defective or deficient building materials,material methods, or designs, and (ii)as immediatemany actionother isinterested necessaryparties, toindustry protectrepresentatives, the health, safety, and welfaretrade ofgroups theas citizenscan ofreasonably thebe Commonwealth,identified. may issue amended regulations establishing interim performance standards and Code provisions for the installation, application, and use of such building materials, methods or designs in the Commonwealth.

Following the hearing, the Board, upon finding that (i) the current technical or administrative Code provisions allow use of or of 2 result in defective or deficient building materials, methods, or designs, and (ii) immediate action is necessary to protect the health, safety, and welfare of the citizens of the Commonwealth, may issue amended regulations establishing interim performance standards and Code provisions for the installation, application, and use of such building materials, methods or designs in the Commonwealth.