The Board is hereby directed and empowered to adopt and promulgate a Uniform Statewide Building Code. Such building code shall supersede the building codes and regulations of the counties, municipalities and other political subdivisions and state agencies.
However, such Code shall not supersede the regulations of other state agencies which require and govern the functional design and operation of building related activities not covered by the Uniform Statewide Building Code including but not limited to (i) public water supply systems, (ii) waste water treatment and disposal systems, and (iii) solid waste facilities. Nor shall state agencies be prevented from requiring, pursuant to other state law, that buildings and equipment be maintained in accordance with provisions of the Uniform Statewide Building Code.
Such Code also shall supersede the provisions of local ordinances applicable to single-family residential construction that (a) regulate dwelling foundations or crawl spaces, (b) require the use of specific building materials or finishes in construction, or (c) require minimum surface area or numbers of windows; however, such Code shall not supersede proffered conditions accepted as a part of a rezoning application, conditions imposed upon the grant of special exceptions, special or conditional use permits or variances, conditions imposed upon a clustering of single-family homes and preservation of open space development through standards, conditions, and criteria established by a locality pursuant to subdivision 8 of § 15.2-2242 or § 15.2-2286.1, or land use requirements in airport or highway overlay districts, or historic districts created pursuant to § 15.2-2306, or local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program.
1972, c. 829; 1977, c. 613; 1979, c. 718; 1980, c. 104; 1982, c. 267; 2001, c. 525; 2002, c. 703; 2006, c. 903.
Notes of Decisions
Bd. of Supervisors v. Miller & Smith, Inc., 279 S.E.2d 158 (Va. 1981).
· cites it 8× “Since this is the only statutory delegation of appellate jurisdiction to local boards of appeal, Miller and Smith’s refund request was not a proper subject of this appeal process and, consequently, not a matter within the purview of the State Technical Review Board.”
Spotsylvania Cnty. Sch. Bd. v. Seaboard Sur. Co., 415 S.E.2d 120 (Va. 1992).
· cites it 4× “I would not put the litigants to the time and expense of further litigation of these issues because of an imperfection in two instructions. There is no such thing as a perfect trial; a litigant is entitled to a fair trial and to nothing more.”
McGuire v. Hodges, 639 S.E.2d 284 (Va. 2007).
· cites it 2× “See Code § 36-98 (authorizing the Board of Housing and Community Development to adopt and promulgate the Virginia Uniform Statewide Building Code) and 13 VAC § 5-63-10(B) (incorporating the International Building Code, successor to the National Building Code provision relied…”
Avalon Assisted Living Facilities, Inc. v. Zager, 574 S.E.2d 298 (Va. Ct. App. 2002).
· cites it 2× “Code §§ 36-98, 36-131, 36-135. As described by the legislature, The provisions [of the USBC] shall be such as to protect the health, safety and welfare of the residents of this Commonwealth, provided that buildings and structures should be permitted to be constructed at the…”
Bd. of Supervisors v. State Bldg. Code Technical Review Bd., 663 S.E.2d 571 (Va. Ct. App. 2008).
· cites it 2× “Code § 36-99(B). Under its enabling legislation, the Housing Board may modify, amend, or repeal any USBC provision after complying with the notice and hearing requirements of Code § 36-100.”
Rainey v. City of Norfolk, 421 S.E.2d 210 (Va. Ct. App. 1992).
· cites it 2× “” Code § 36-98. The Board was further authorized to “adopt and promulgate as part of the Building Code minimum building regulation for existing buildings to ensure the protection of public health, safety, and welfare.”
Strawbridge v. Cnty. of Chesterfield, 477 S.E.2d 789 (Va. Ct. App. 1996).
· cites it 2× “” Code § 36-98. Except as provided by the building code statutes, the USBC “shall supersede the building codes and regulations of the counties, municipalities and other political subdivisions and state agencies.”
Granny's Cottage, Inc. v. Town of Occoquan, 352 S.E.2d 10 (Va. Ct. App. 1987).
· cites it 2× “*583 We perceive from these statutes a legislative intent to insure a statewide uniform building code that would apply and be enforced in the same manner and with equal results in all of the State’s political subdivisions.”
Wohlford v. Quesenberry, 523 S.E.2d 821 (Va. 2000).
· cites it 2× “The tenant contended that the landlord’s duties of maintenance and repair of the defective conditions in the premises arose under the National Property Maintenance Code (the Maintenance Code, PM-_), *261 a part of the codes and regulations adopted by the Board of Housing and…”
Dunn v. City of Williamsburg, 35 Va. Cir. 420 (Williamsburg and James Cir. Ct. 1995).
· cites it 2× “The Commonwealth’s legislature has mandated that local building departments are responsible for enforcement of the Virginia Uniform Statewide Building Code (Code of Virginia § 36-98 et seq.) and are thus required to perform building inspections.”
Jenkins v. Daniels Inst. of Holistic Health, Inc., 62 Va. Cir. 246 (Roanoke County Cir. Ct. 2003).
· cites it 6× ““The tenant contended that the landlord’s duties of maintenance and repair of the defective conditions in the premises arose under [the maintenance code that is] a part of the codes and regulations adopted by the Board of Housing and Community Development (the Board) pursuant to…”
Dodson v. Shenandoah Cnty., 27 Va. Cir. 479 (Shenandoah Cir. Ct. 1983).
· cites it 2× “The enabling legislation, Code § 36-98, directed the State Board of Housing to adopt and promulgate a uniform statewide building code, and implicit in this is the power to adopt administrative rules and procedures carrying out the building code, Id.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.