Va. Code » Title 36. Housing » Chapter 6. Uniform Statewide Building Code » Article 1. General Provisions
Virginia Code

Va. Code Ann. § 36-99 (2026)

Provisions of Code; modifications

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. The Building Code shall prescribe building regulations to be complied with in the construction 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 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; and barrier-free provisions for individuals with physical disabilities and aged individuals. Such regulations shall be reasonable and appropriate to the objectives of this chapter.

B. In formulating the Code provisions, the Board shall have due regard for generally accepted standards as recommended by nationally recognized organizations, including, but not limited to, the standards of the International Code Council and the National Fire Protection Association. 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 pursuant to Chapter 2 (§ 35.1-11 et seq.) of Title 35.1. However, farm buildings and structures lying within a flood plain or in a mudslide-prone area shall be subject to flood-proofing regulations or mudslide regulations, as applicable. However, any farm building or structure (i) where the public is invited to enter for an agritourism activity, as that term is defined in § 3.2-6400, for recreational, entertainment, or educational purposes and (ii) that is used for display, sampling, or sale of agricultural, horticultural, floricultural, or silvicultural products produced on the farm or the sale of agricultural-related or silvicultural-related items incidental to the agricultural operation shall have:

1. Portable fire extinguishers for the purpose of fire suppression;

2. A simple written plan in case of an emergency, but such plan shall not be construed to be interpreted as a fire evacuation plan under the Uniform Statewide Building Code or any other local requirements; and

3. A sign posted in a conspicuous place upon entry to the farm building or structure that states that "This building is EXEMPT from the Uniform Statewide Building Code. Be alert to exits in the event of a fire or other emergencies." Such sign shall be placed in a clearly visible location near the entrance to such farm building or structure. The notice shall consist of a sign no smaller than 24 inches by 36 inches with clearly legible black letters, with each letter to be a minimum of one inch in height.

C. Where practical, the Code provisions shall be stated in terms of required level of performance, so as to facilitate the prompt acceptance of new building materials and methods. 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.

D. 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 impact on the health, safety, or welfare of the citizens of the Commonwealth. After at least 21 days' written notice, the Board shall convene a hearing to consider such allegations. Such notice shall be given to the known manufacturers of the subject building material and as many other interested parties, industry representatives, and trade groups as can reasonably be identified. Following the hearing, the Board, upon finding that (i) the current technical or administrative Code provisions allow use of or 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. Such amended regulations shall become effective upon their publication in the Virginia Register of Regulations. Any amendments to regulations adopted pursuant to this subsection shall become effective upon their publication in the Virginia Register of Regulations and shall be effective for a period of 24 months or until adopted, modified, or repealed by the Board.

1972, c. 829; 1974, c. 433; 1975, c. 394; 1977, cc. 423, 613; 1978, c. 581; 1981, c. 2; 1982, c. 267; 1998, c. 755; 2000, c. 751; 2002, c. 555; 2003, cc. 436, 650, 901; 2023, cc. 148, 149, 644.

Notes of Decisions
Cited in 20 cases, 1981–2020 · leading case: Avalon Assisted Living Facilities, Inc. v. Zager, 574 S.E.2d 298 (Va. Ct. App. 2002).
Sort: Relevance Newest Treatment
Avalon Assisted Living Facilities, Inc. v. Zager, 574 S.E.2d 298 (Va. Ct. App. 2002). · cites it 9× “Code § 36-99 (emphases added). In delineating the process for appealing decisions made under the USBC, the legislature specifically listed only two categories of appeals, (1) those involving “application of the [USBC]” and (2) those involving the refusal of the local official to…”
Bd. of Supervisors v. Miller & Smith, Inc., 279 S.E.2d 158 (Va. 1981). · cites it 6× “In fact, they argue that Code § 36-99 explicating the code was limited to standards in the construction of buildings and structures, and that the provision for “procedures for the administration and enforcement of such standards” was not added until Acts 1977, c.”
Cooper v. Occoquan Land Dev. Corp., 377 S.E.2d 631 (Va. Ct. App. 1989). · cites it 4× “8, however, contains no language requiring that the false statements or misrepresentations be intentionally made, and we decline to judicially amend that provision to require such intent.”
Virginia Elec. & Power Co. v. Savoy Constr. Co., 294 S.E.2d 811 (Va. 1982). · cites it 2× “Code § 36-99 provided in pertinent part as follows: The Building Code shall prescribe standards to be complied with in the construction of buildings, and the provisions thereof shall be such as to protect the health, safety and welfare of the residents of this State .”
Bd. of Supervisors v. State Bldg. Code Technical Review Bd., 663 S.E.2d 571 (Va. Ct. App. 2008). · cites it 2× “These requirements include notice to every “building official” in the Commonwealth and, “where none, the local governing body of every city or county in the Commonwealth.”
Weiss v. Cassidy Dev. Corp., 61 Va. Cir. 237 (Va. Cir. Ct. 2003). · cites it 3× “459 (2000) (citing 1950 Va. Code § 36-99(A)). The statute protects the public from personal injury, not from the economic loss claimed by the Weisses.”
Bay Point Condo. Ass'n v. RML Corp., 52 Va. Cir. 432 (Norfolk Cir. Ct. 2000). · cites it 3× “The Virginia Building Code governs “the construction o/buildings and structures, and the equipment therein as defined in § 36-97____” 1 Va. Code § 36-99 (emphasis added). The plaintiffs argue that “Dryvit failed to obtain approval for its EIFS System from local officials prior…”
Rainey v. City of Norfolk, 421 S.E.2d 210 (Va. Ct. App. 1992). · cites it 2× “” Code § 36-99; see also VEPCO v. Savoy Constr.”
Herman v. McCarthy Enter., Inc., 61 Va. Cir. 697 (Va. Cir. Ct. 2002). · cites it 3× “It was enacted to protect persons from being injured or their property (other than the property to which the USBC applies) from being damaged.”
Moskowitz v. Renaissance at Windsong Creek, Inc., 52 Va. Cir. 459 (Fairfax Cir. Ct. 2000). · cites it 3× “Unlike the criminal statute discussed in Williamson , the Uniform Statewide Building Code (USBC) was enacted “to protect the health, safety, and welfare of the residents of the Commonwealth____” 1950 Va. Code § 36-99(A). No provision of the statute indicates that its purpose was…”
Wohlford v. Quesenberry, 523 S.E.2d 821 (Va. 2000). · cites it 2× “1 Code § 36-99 also authorizes the Board to prescribe appropriate regulations having due regard to generally accepted standards recommended by nationally recognized organizations.”
Stevens v. Hosp. Auth., 42 Va. Cir. 321 (Richmond County Cir. Ct. 1997). · cites it 2× “Negligence Per Se: Building and Fire Codes Pursuant to Virginia Code § 36-99, the Virginia Department of Housing and Community Development has adopted regulations to be complied with in the construction of buildings, structures, and service equipment therein.”
Show all 20 citing cases →
Va. Code Ann. § 36-99(A): 9 cases
Avalon Assisted Living Facilities, Inc. v. Zager, 574 S.E.2d 298 (Va. Ct. App. 2002). “Code § 36-99 (emphases added). In delineating the process for appealing decisions made under the USBC, the legislature specifically listed only two categories of appeals, (1) those involving “application of the [USBC]” and (2) those involving the refusal of the local official to…”
Weiss v. Cassidy Dev. Corp., 61 Va. Cir. 237 (Va. Cir. Ct. 2003). “459 (2000) (citing 1950 Va. Code § 36-99(A)). The statute protects the public from personal injury, not from the economic loss claimed by the Weisses.”
Herman v. McCarthy Enter., Inc., 61 Va. Cir. 697 (Va. Cir. Ct. 2002). “It was enacted to protect persons from being injured or their property (other than the property to which the USBC applies) from being damaged.”
Moskowitz v. Renaissance at Windsong Creek, Inc., 52 Va. Cir. 459 (Fairfax Cir. Ct. 2000). “Unlike the criminal statute discussed in Williamson , the Uniform Statewide Building Code (USBC) was enacted “to protect the health, safety, and welfare of the residents of the Commonwealth____” 1950 Va. Code § 36-99(A). No provision of the statute indicates that its purpose was…”
Ripley Heatwole Co. v. John E. Hall Elec. Contractor, Inc., 69 Va. Cir. 69 (Norfolk Cir. Ct. 2005).
Va. Code Ann. § 36-99(B): 4 cases
Avalon Assisted Living Facilities, Inc. v. Zager, 574 S.E.2d 298 (Va. Ct. App. 2002). “Code § 36-99 (emphases added). In delineating the process for appealing decisions made under the USBC, the legislature specifically listed only two categories of appeals, (1) those involving “application of the [USBC]” and (2) those involving the refusal of the local official to…”
Bd. of Supervisors v. State Bldg. Code Technical Review Bd., 663 S.E.2d 571 (Va. Ct. App. 2008). “These requirements include notice to every “building official” in the Commonwealth and, “where none, the local governing body of every city or county in the Commonwealth.”
State Bldg. Code Review Bd. v. Zofia Zager, No. 0820024 (Va. Ct. App. Dec. 31, 2002).
Avalon Assisted Living v. Zofia A Zager, No. 0778024 (Va. Ct. App. Dec. 31, 2002).
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.