SB 538 — Uniform Statewide Building Code; violations, increases fines.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E681 An Act to amend and reenact § 36-106 of the Code of Virginia, relating to Uniform Statewide Building Code;

R O [S 538] Approved LApril L8, 2024 Be it enacted by the General Assembly of Virginia:

E § 36-106.

DA. effective date of any Code provisions, to violate any such provisions.

AnyIt such violation shall beebe deemedunlawful afor misdemeanor and any owner or any other person, firm, or corporationcorporation, convictedon ofor suchafter athe violationeffective shalldate beof punishedany byCode aprovisions, fineto ofviolate notany moresuch thanprovisions. $2,500.

InAny addition,such eachviolation dayshall thebe violationdeemed continuesa aftermisdemeanor convictionand any owner or theany court-orderedother abatementperson, periodfirm, hasor expiredcorporation convicted of such a violation shall constitutebe punished by a separatefine offense.of not more than $2,500.

IfIn theaddition, violationeach remainsday uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation inoffense. order to comply with the Code.

ExceptIf asthe otherwiseviolation providedremains byuncorrected at the courttime forof goodthe causeconviction, shown,the anycourt suchshall order thete violator shallto abate or remedy the violatiBnviolation withinin sixorder monthsto ofcomply with the dateCode. of conviction.

EachExcept dayas duringotherwise whichprovided theby violation continues afte3 the corporationcourt convictedfor ofgood acause secondshown, offenseany committedsuch withinviolator lessshall thanabate fiveor yearsremedy afterthe aviolation firstwithin oEfensesix undermonths thisof chapterthe shalldate be punished by a fine of notconviction. less than $1,000 nor more than $2,500.

Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense.

Any person, firm, or corporation convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by a fine of not less than $1,000 nor more than $2,500.

No portion of the fine shallimposed befor suspended.irdsuch third or subsequent offense committed within 10 years of an offense under this chapter B.shall be suspended.

B.

If the violation remains uncorrected at the time of the conviction, the court shall order provided by the court for good cause shown, any such violator shallto abate or remedy the violationseviolation withinin sixorder monthsto ofcomply with the dateCode. of conviction.

Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction.

Any person convicted of a second offense committed within a period of five to 10 years of a first person convicted of a third or subsequent offense involving the same property, committed within 10 Any years of an offense under this chapter after having been at least twice previously convicted, shall be punished by confinement in jail for not more than 10 days and a fine of not less than $2,500$500 nor more than $5,000,$2,500. either or both.

Any person convicted of a third or subsequent offense involving the same property, committed within 10 years of an offense under this chapter after having been at least twice previously convicted, shall be punished by confinement in jail for not more than 10 days and a fine of not less than $2,500 nor more than $5,000, either or both.

Violations of any provision of the Building Code, adopted and promulgated pursuant to § 36-103, at a dwelling unit of a multifamily property that the local governing body has declared blighted pursuant to § 36-49.1:1 or 36-105.1:1, and where the local governing body has taken official action to enforce such provisions, shall be deemed a misdemeanor and any owner or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $10,000.

If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or of 3 remedy the violation in order to comply with the Code within a time period that is determined by the court and appropriate considering the circumstances of the violation.

The abatement period shall not be of 3 longer than six months.

Any person, firm, or corporation convicted of a second offense committed within a period of five to 10 years of a first offense under this chapter shall be punished by a fine of not less than $1,000 nor more than $10,000.

The landlord's failure to do so shall be enforceable in accordance with the Uniform Statewide Building Code and shall entitle of 3 theTermination of the rental agreement or any other action in retaliation against the tenant afEerto writtenterminate notification of (i) a lead hazard in the dwellingrental unitagreement. or (ii) that a child of the tenant, who is an conduct in violation of § 55.1-1258.unit, has an elevated blood lead level, shall constitute retaliatory E.

Termination of the rental agreement or any other action in retaliation against the tenant after written notification of (i) a lead hazard in the dwelling unit or (ii) that a child of the tenant, who is an authorized occupant in the dwelling unit, has an elevated blood lead level, shall constitute retaliatory conduct in violation of § 55.1-1258.

of 3 E.

Nothing in this section shall be construed to prohibit a local enforcement officer from issuing a summons or a ticket for violation of any Code provision to the lessor or sublessor of a residenOialresidential dweF.dwelling unit, provided a copy of the notice is served on the owner.

F.

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