Va. Code » Title 63.2. Welfare (Social Services) » Subtitle IV. Licensure » Chapter 17. Licensure and Registration Procedures » Article 1. General Provisions
Virginia Code

Va. Code Ann. § 63.2-1705 (2026)

Compliance with Uniform Statewide Building Code

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A. Buildings licensed as assisted living facilities, adult day centers and child welfare agencies shall be classified by and meet the specifications for the proper Use Group as required by the Virginia Uniform Statewide Building Code.

B. Buildings used for assisted living facilities or adult day centers shall be licensed for ambulatory or nonambulatory residents or participants. Ambulatory means the condition of a resident or participant who is physically and mentally capable of self-preservation by evacuating in response to an emergency to a refuge area as defined by the Uniform Statewide Building Code without the assistance of another person, or from the structure itself without the assistance of another person if there is no such refuge area within the structure, even if such resident or participant may require the assistance of a wheelchair, walker, cane, prosthetic device, or a single verbal command to evacuate. Nonambulatory means the condition of a resident or participant who by reason of physical or mental impairment is not capable of self-preservation without the assistance of another person.

1981, c. 275, § 63.1-174.1; 1986, c. 430; 1989, c. 173; 1991, c. 532; 1992, c. 356, § 63.1-194.4; 1993, cc. 957, 993; 1998, c. 552; 2002, c. 747; 2024, cc. 37, 150.

Notes of Decisions
Cited in 3 cases, 2002–2002 · leading case: Avalon Assisted Living Facilities, Inc. v. Zager, 574 S.E.2d 298 (Va. Ct. App. 2002).
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Avalon Assisted Living Facilities, Inc. v. Zager, 574 S.E.2d 298 (Va. Ct. App. 2002). · cites it 2× “1 as Code § 63.2-1705. The new statute refers to "[b]uildings licensed as assisted living facilities [and] *505 adult day care centers” but continues to provide that those facilities "shall be licensed for ambulatory or nonambulatory residents or participants” and retains the…”
State Bldg. Code Review Bd. v. Zofia Zager, No. 0820024 (Va. Ct. App. Dec. 31, 2002). · cites it 2× “1 as Code § 63.2-1705. The new statute refers to "[b]uildings licensed as assisted living facilities [and] adult day care centers" but continues to provide that those facilities "shall be licensed for ambulatory or nonambulatory residents or participants" and retains the…”
Avalon Assisted Living v. Zofia A Zager, No. 0778024 (Va. Ct. App. Dec. 31, 2002). · cites it 2× “1 as Code § 63.2-1705. The new statute refers to "[b]uildings licensed as assisted living facilities [and] adult day care centers" but continues to provide that those facilities "shall be licensed for ambulatory or nonambulatory residents or participants" and retains the…”
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