{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-98.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-98.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-98.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-98.1.html"}],"law_id":65754,"edition_id":1,"section_id":65754,"structure_id":12781,"section_number":"36-98.1","catch_line":"State buildings; exception for certain assets owned by the Department of Transportation","history":"1981, c. 325; 1982, c. 97; 1986, c. 133; 2005, cc. 341, 933, 945; 2010, c. 105; 2013, cc. 585, 646; 2023, cc. 148, 149; 2024, cc. 78, 806.","full_text":"A\n\nThe Building Code shall be applicable to all state-owned buildings and structures, and to all buildings and structures built on state-owned property, with the exception that §§ 2.2-1159 through 2.2-1161 shall provide the standards for ready access to and use of state-owned buildings by individuals with physical disabilities.\n\t\t\tAny state-owned building or structure, or building or structure built on state-owned property, for which preliminary plans were prepared or on which construction commenced after the initial effective date of the Uniform Statewide Building Code, shall remain subject to the provisions of the Uniform Statewide Building Code that were in effect at the time such plans were completed or such construction commenced. Subsequent reconstruction, renovation or demolition of such building or structure shall be subject to the pertinent provisions of the Building Code.\n\t\t\tActing through the Division of Engineering and Buildings, the Department of General Services shall function as the building official for any state-owned buildings or structures and for all buildings and structures built on state-owned property. The Department shall review and approve plans and specifications, grant modifications, and establish such rules and regulations as may be necessary to implement this section. It may provide for the (i) inspection of state-owned buildings or structures and for all buildings and structures built on state-owned property and (ii) enforcement of the Building Code and standards for access by individuals with physical disabilities by delegating inspection and Building Code enforcement duties to the State Fire Marshal’s Office, to other appropriate state agencies having needed expertise, and to local building departments, all of which shall provide such assistance within a reasonable time and in the manner requested. State agencies and institutions occupying buildings shall pay to the local building department the same fees as would be paid by a private citizen for the services rendered when such services are requested by the Department of General Services. The Department of General Services may alter or overrule any decision of the local building department after having first considered the local building department’s report or other rationale given for its decision. When altering or overruling any decision of a local building department, the Department of General Services shall provide the local building department with a written summary of its reasons for doing so.B\n\nNotwithstanding the provisions of subsection A and § 27-99, roadway and railway tunnels and bridges owned by either the Department of Transportation or the Virginia Passenger Rail Authority shall be exempt from the Building Code and the Statewide Fire Prevention Code Act (§ 27-94 et seq.). The Department of General Services shall not have jurisdiction over such roadway and railway tunnels, bridges, and other limited access highways; provided, however, that the Department of General Services shall have jurisdiction over any occupied buildings within any Department of Transportation or Virginia Passenger Rail Authority rights-of-way that are subject to the Building Code.\n\t\t\tRoadway and railway tunnels and bridges shall be designed, constructed, and operated to comply with fire safety standards based on nationally recognized model codes and standards to be developed by the Department of Transportation, in the case of roadway tunnels and bridges, and by the Virginia Passenger Rail Authority, in the case of railway tunnels and bridges, in each case in consultation with the State Fire Marshal. Emergency response planning and activities related to the standards shall be developed by the Department of Transportation or the Virginia Passenger Rail Authority, respectively, and coordinated with the appropriate local officials and emergency services providers. On an annual basis the Department of Transportation shall provide a report on the maintenance and operability of installed fire protection and detection systems in roadway tunnels and bridges and the Virginia Passenger Rail Authority shall provide a report on the maintenance and operability of installed fire protection and detection systems in its railway tunnels and bridges to the State Fire Marshal.C\n\nExcept as provided in subsection E of § 23.1-1016, and notwithstanding the provisions of subsection A, at the request of a public institution of higher education, the Department, as further set forth in this subsection, shall authorize that institution of higher education to contract with a building official of the locality in which the construction is taking place to perform any inspection and certifications required for the purpose of complying with the Uniform Statewide Building Code (§ 36-97 et seq.). The Department shall publish administrative procedures that shall be followed in contracting with a building official of the locality. The authority granted to a public institution of higher education under this subsection to contract with a building official of the locality shall be subject to the institution meeting the conditions prescribed in subsection A of § 23.1-1002.D\n\nThis section shall not apply to the nonhabitable structures, equipment, and wiring owned by a public service company, a certificated provider of telecommunications services, or a franchised cable operator that are built on rights-of-way owned or controlled by the Commonwealth Transportation Board.E\n\n(Expires July 1, 2027) Enforcement of the Uniform Statewide Building Code for bus shelters to be constructed for transit agencies receiving state funds from the Commonwealth Mass Transit Fund, pursuant to § 33.2-1526.1, and that do not exceed 256 square feet, shall be delegated to the local building official in lieu of the Department of General Services. The state shall not be liable for any bus shelter built on state-owned property under this subsection.","order_by":null,"text":{"0":{"id":238972,"text":"The Building Code shall be applicable to all state-owned buildings and structures, and to all buildings and structures built on state-owned property, with the exception that §§ 2.2-1159 through 2.2-1161 shall provide the standards for ready access to and use of state-owned buildings by individuals with physical disabilities.\n\t\t\tAny state-owned building or structure, or building or structure built on state-owned property, for which preliminary plans were prepared or on which construction commenced after the initial effective date of the Uniform Statewide Building Code, shall remain subject to the provisions of the Uniform Statewide Building Code that were in effect at the time such plans were completed or such construction commenced. Subsequent reconstruction, renovation or demolition of such building or structure shall be subject to the pertinent provisions of the Building Code.\n\t\t\tActing through the Division of Engineering and Buildings, the Department of General Services shall function as the building official for any state-owned buildings or structures and for all buildings and structures built on state-owned property. The Department shall review and approve plans and specifications, grant modifications, and establish such rules and regulations as may be necessary to implement this section. It may provide for the (i) inspection of state-owned buildings or structures and for all buildings and structures built on state-owned property and (ii) enforcement of the Building Code and standards for access by individuals with physical disabilities by delegating inspection and Building Code enforcement duties to the State Fire Marshal’s Office, to other appropriate state agencies having needed expertise, and to local building departments, all of which shall provide such assistance within a reasonable time and in the manner requested. State agencies and institutions occupying buildings shall pay to the local building department the same fees as would be paid by a private citizen for the services rendered when such services are requested by the Department of General Services. The Department of General Services may alter or overrule any decision of the local building department after having first considered the local building department’s report or other rationale given for its decision. When altering or overruling any decision of a local building department, the Department of General Services shall provide the local building department with a written summary of its reasons for doing so.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238973,"text":"Notwithstanding the provisions of subsection A and § 27-99, roadway and railway tunnels and bridges owned by either the Department of Transportation or the Virginia Passenger Rail Authority shall be exempt from the Building Code and the Statewide Fire Prevention Code Act (§ 27-94 et seq.). The Department of General Services shall not have jurisdiction over such roadway and railway tunnels, bridges, and other limited access highways; provided, however, that the Department of General Services shall have jurisdiction over any occupied buildings within any Department of Transportation or Virginia Passenger Rail Authority rights-of-way that are subject to the Building Code.\n\t\t\tRoadway and railway tunnels and bridges shall be designed, constructed, and operated to comply with fire safety standards based on nationally recognized model codes and standards to be developed by the Department of Transportation, in the case of roadway tunnels and bridges, and by the Virginia Passenger Rail Authority, in the case of railway tunnels and bridges, in each case in consultation with the State Fire Marshal. Emergency response planning and activities related to the standards shall be developed by the Department of Transportation or the Virginia Passenger Rail Authority, respectively, and coordinated with the appropriate local officials and emergency services providers. On an annual basis the Department of Transportation shall provide a report on the maintenance and operability of installed fire protection and detection systems in roadway tunnels and bridges and the Virginia Passenger Rail Authority shall provide a report on the maintenance and operability of installed fire protection and detection systems in its railway tunnels and bridges to the State Fire Marshal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238974,"text":"Except as provided in subsection E of § 23.1-1016, and notwithstanding the provisions of subsection A, at the request of a public institution of higher education, the Department, as further set forth in this subsection, shall authorize that institution of higher education to contract with a building official of the locality in which the construction is taking place to perform any inspection and certifications required for the purpose of complying with the Uniform Statewide Building Code (§ 36-97 et seq.). The Department shall publish administrative procedures that shall be followed in contracting with a building official of the locality. The authority granted to a public institution of higher education under this subsection to contract with a building official of the locality shall be subject to the institution meeting the conditions prescribed in subsection A of § 23.1-1002.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":238975,"text":"This section shall not apply to the nonhabitable structures, equipment, and wiring owned by a public service company, a certificated provider of telecommunications services, or a franchised cable operator that are built on rights-of-way owned or controlled by the Commonwealth Transportation Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":238976,"text":"(Expires July 1, 2027) Enforcement of the Uniform Statewide Building Code for bus shelters to be constructed for transit agencies receiving state funds from the Commonwealth Mass Transit Fund, pursuant to § 33.2-1526.1, and that do not exceed 256 square feet, shall be delegated to the local building official in lieu of the Department of General Services. The state shall not be liable for any bus shelter built on state-owned property under this subsection.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12781,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12780,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":209289,"object_type":"structure","relational_id":12781,"identifier":"1","token":"36\/6\/1","url":"\/36\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12780,"edition_id":1,"name":"Uniform Statewide Building Code","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":209287,"object_type":"structure","relational_id":12780,"identifier":"6","token":"36\/6","url":"\/36\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82568,"structure_id":12781,"section_number":"36-100","catch_line":"Notice and hearings on adoption of Code, amendments and repeals","url":"\/36-100\/","token":"36\/6\/1\/36-100","metadata":false},{"id":57649,"structure_id":12781,"section_number":"36-101","catch_line":"Effective date of Code; when local codes may remain in effect","url":"\/36-101\/","token":"36\/6\/1\/36-101","metadata":false},{"id":69941,"structure_id":12781,"section_number":"36-102","catch_line":"Modification, amendment or repeal of Code provisions","url":"\/36-102\/","token":"36\/6\/1\/36-102","metadata":false},{"id":74039,"structure_id":12781,"section_number":"36-103","catch_line":"Buildings, etc., existing or projected before effective date of Code","url":"\/36-103\/","token":"36\/6\/1\/36-103","metadata":false},{"id":75343,"structure_id":12781,"section_number":"36-104","catch_line":"Code to be printed and furnished on request; true copy","url":"\/36-104\/","token":"36\/6\/1\/36-104","metadata":false},{"id":71583,"structure_id":12781,"section_number":"36-105","catch_line":"Enforcement of Code; appeals from decisions of local department; inspection of buildings; inspection warrants; inspection of elevators; issuance of permits","url":"\/36-105\/","token":"36\/6\/1\/36-105","metadata":false},{"id":61577,"structure_id":12781,"section_number":"36-105.01","catch_line":"Elevator inspections by contract","url":"\/36-105.01\/","token":"36\/6\/1\/36-105.01","metadata":false},{"id":78461,"structure_id":12781,"section_number":"36-105.1","catch_line":"Inspection and review of plans of buildings under construction","url":"\/36-105.1\/","token":"36\/6\/1\/36-105.1","metadata":false},{"id":58756,"structure_id":12781,"section_number":"36-105.1:1","catch_line":"Rental inspections; rental inspection districts; exemptions; penalties","url":"\/36-105.1_1\/","token":"36\/6\/1\/36-105.1_1","metadata":false},{"id":75306,"structure_id":12781,"section_number":"36-105.2","catch_line":"Expired","url":"\/36-105.2\/","token":"36\/6\/1\/36-105.2","metadata":false},{"id":77401,"structure_id":12781,"section_number":"36-105.3","catch_line":"Security of certain records","url":"\/36-105.3\/","token":"36\/6\/1\/36-105.3","metadata":false},{"id":60393,"structure_id":12781,"section_number":"36-105.4","catch_line":"Occupancy standards for residential dwelling units","url":"\/36-105.4\/","token":"36\/6\/1\/36-105.4","metadata":false},{"id":86342,"structure_id":12781,"section_number":"36-105.5","catch_line":"Enforcement of Building Code on Indian reservations","url":"\/36-105.5\/","token":"36\/6\/1\/36-105.5","metadata":false},{"id":70540,"structure_id":12781,"section_number":"36-106","catch_line":"Violation a misdemeanor; civil penalty","url":"\/36-106\/","token":"36\/6\/1\/36-106","metadata":false},{"id":82688,"structure_id":12781,"section_number":"36-107","catch_line":"Employment of personnel for administration of chapter","url":"\/36-107\/","token":"36\/6\/1\/36-107","metadata":false},{"id":70419,"structure_id":12781,"section_number":"36-107.1","catch_line":"Sale of residential structure with lead-based paint levels exceeding Code standards; penalty","url":"\/36-107.1\/","token":"36\/6\/1\/36-107.1","metadata":false},{"id":78167,"structure_id":12781,"section_number":"36-97","catch_line":"Definitions","url":"\/36-97\/","token":"36\/6\/1\/36-97","metadata":false},{"id":68849,"structure_id":12781,"section_number":"36-98","catch_line":"Board to promulgate Statewide Code; other codes and regulations superseded; exceptions","url":"\/36-98\/","token":"36\/6\/1\/36-98","metadata":false},{"id":81277,"structure_id":12781,"section_number":"36-98.01","catch_line":"Mechanics' lien agent included on building permit for residential property at request of applicant","url":"\/36-98.01\/","token":"36\/6\/1\/36-98.01","metadata":false},{"id":65754,"structure_id":12781,"section_number":"36-98.1","catch_line":"State buildings; exception for certain assets owned by the Department of Transportation","url":"\/36-98.1\/","token":"36\/6\/1\/36-98.1","metadata":false},{"id":76703,"structure_id":12781,"section_number":"36-98.2","catch_line":"Appeals from decision of Building Official regarding state-owned buildings","url":"\/36-98.2\/","token":"36\/6\/1\/36-98.2","metadata":false},{"id":65767,"structure_id":12781,"section_number":"36-98.3","catch_line":"Amusement devices","url":"\/36-98.3\/","token":"36\/6\/1\/36-98.3","metadata":false},{"id":62116,"structure_id":12781,"section_number":"36-98.4","catch_line":"Agritourism event buildings","url":"\/36-98.4\/","token":"36\/6\/1\/36-98.4","metadata":false},{"id":65710,"structure_id":12781,"section_number":"36-99","catch_line":"Provisions of Code; modifications","url":"\/36-99\/","token":"36\/6\/1\/36-99","metadata":false},{"id":74808,"structure_id":12781,"section_number":"36-99.01","catch_line":"Provisions related to rehabilitation of existing buildings","url":"\/36-99.01\/","token":"36\/6\/1\/36-99.01","metadata":false},{"id":79369,"structure_id":12781,"section_number":"36-99.1","catch_line":"Repealed","url":"\/36-99.1\/","token":"36\/6\/1\/36-99.1","metadata":false},{"id":64811,"structure_id":12781,"section_number":"36-99.10","catch_line":"Repealed","url":"\/36-99.10\/","token":"36\/6\/1\/36-99.10","metadata":false},{"id":55850,"structure_id":12781,"section_number":"36-99.10:1","catch_line":"Standards for installation of acoustical treatment measures in certain buildings and structures","url":"\/36-99.10_1\/","token":"36\/6\/1\/36-99.10_1","metadata":false},{"id":84476,"structure_id":12781,"section_number":"36-99.11","catch_line":"Identification of disabled parking spaces by above grade signage","url":"\/36-99.11\/","token":"36\/6\/1\/36-99.11","metadata":false},{"id":64183,"structure_id":12781,"section_number":"36-99.2","catch_line":"Standards for replacement glass","url":"\/36-99.2\/","token":"36\/6\/1\/36-99.2","metadata":false},{"id":53961,"structure_id":12781,"section_number":"36-99.3","catch_line":"Smoke alarms and automatic sprinkler systems in institutions of higher education","url":"\/36-99.3\/","token":"36\/6\/1\/36-99.3","metadata":false},{"id":72903,"structure_id":12781,"section_number":"36-99.4","catch_line":"Smoke alarms in certain juvenile care facilities","url":"\/36-99.4\/","token":"36\/6\/1\/36-99.4","metadata":false},{"id":65460,"structure_id":12781,"section_number":"36-99.5","catch_line":"Smoke alarms for persons who are deaf or hard of hearing","url":"\/36-99.5\/","token":"36\/6\/1\/36-99.5","metadata":false},{"id":72386,"structure_id":12781,"section_number":"36-99.5:1","catch_line":"Smoke alarms and other fire detection and suppression systems in assisted living facilities, adult day centers and nursing homes and facilities","url":"\/36-99.5_1\/","token":"36\/6\/1\/36-99.5_1","metadata":false},{"id":74590,"structure_id":12781,"section_number":"36-99.6","catch_line":"Underground and aboveground storage tank inspections","url":"\/36-99.6\/","token":"36\/6\/1\/36-99.6","metadata":false},{"id":64833,"structure_id":12781,"section_number":"36-99.6:1","catch_line":"Repealed","url":"\/36-99.6_1\/","token":"36\/6\/1\/36-99.6_1","metadata":false},{"id":65051,"structure_id":12781,"section_number":"36-99.6:2","catch_line":"Installation of in-building emergency communication equipment for emergency public safety personnel","url":"\/36-99.6_2\/","token":"36\/6\/1\/36-99.6_2","metadata":false},{"id":85590,"structure_id":12781,"section_number":"36-99.6:3","catch_line":"Regulation of HVAC facilities","url":"\/36-99.6_3\/","token":"36\/6\/1\/36-99.6_3","metadata":false},{"id":60725,"structure_id":12781,"section_number":"36-99.7","catch_line":"Asbestos inspection in buildings to be renovated or demolished; exceptions","url":"\/36-99.7\/","token":"36\/6\/1\/36-99.7","metadata":false},{"id":57258,"structure_id":12781,"section_number":"36-99.8","catch_line":"Skirting","url":"\/36-99.8\/","token":"36\/6\/1\/36-99.8","metadata":false},{"id":84955,"structure_id":12781,"section_number":"36-99.9","catch_line":"Standards for fire suppression systems in certain facilities","url":"\/36-99.9\/","token":"36\/6\/1\/36-99.9","metadata":false},{"id":71368,"structure_id":12781,"section_number":"36-99.9:1","catch_line":"Standards for fire suppression systems in hospitals","url":"\/36-99.9_1\/","token":"36\/6\/1\/36-99.9_1","metadata":false}],"previous_section":{"id":81277,"structure_id":12781,"section_number":"36-98.01","catch_line":"Mechanics' lien agent included on building permit for residential property at request of applicant","url":"\/36-98.01\/","token":"36\/6\/1\/36-98.01","metadata":false},"next_section":{"id":76703,"structure_id":12781,"section_number":"36-98.2","catch_line":"Appeals from decision of Building Official regarding state-owned buildings","url":"\/36-98.2\/","token":"36\/6\/1\/36-98.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-98.1\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 325 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1982, chapter 97; in 1986, chapter 133; in 2005, chapters 341<\/a>, 933<\/a>, and 945<\/a>; in 2010, chapter 105<\/a>; in 2013, chapters 585<\/a> and 646<\/a>; in 2023, chapters 148<\/a> and 149<\/a>; in 2024, chapters 78<\/a> and 806<\/a>.<\/p>","references":[{"id":74281,"section_number":"2.2-1132","catch_line":"Administration of capital outlay construction; exception for certain educational institutions","order_by":null,"url":"\/2.2-1132\/"},{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":67105,"section_number":"23.1-2213","catch_line":"Medical center management; capital projects; leases of property; procurement","order_by":null,"url":"\/23.1-2213\/"}],"refers_to":[{"id":54202,"section_number":"2.2-1159","catch_line":"Facilities for persons with physical disabilities in certain buildings; definitions; construction standards; waiver; temporary buildings","order_by":null,"url":"\/2.2-1159\/"},{"id":76476,"section_number":"2.2-1161","catch_line":"Buildings not in conformance with standards for persons with physical disabilities","order_by":null,"url":"\/2.2-1161\/"},{"id":86805,"section_number":"23.1-1016","catch_line":"Covered institutions; operational authority; financial operations; capital projects","order_by":null,"url":"\/23.1-1016\/"},{"id":65870,"section_number":"27-94","catch_line":"Short title","order_by":null,"url":"\/27-94\/"},{"id":82703,"section_number":"27-99","catch_line":"State buildings","order_by":null,"url":"\/27-99\/"},{"id":56022,"section_number":"33.2-1526.1","catch_line":"Use of the Commonwealth Mass Transit Fund","order_by":null,"url":"\/33.2-1526.1\/"},{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"}],"permalink":{"id":209367,"object_type":"law","relational_id":65754,"identifier":"36-98.1","token":"36\/6\/1\/36-98.1","url":"\/36-98.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-98.1\/","token":"36\/6\/1\/36-98.1","dublin_core":{"Title":"State buildings; exception for certain assets owned by the Department of Transportation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-98.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Building Code<\/span> shall be applicable to all state-owned buildings<\/span> and structures<\/span>, and to all buildings<\/span> and structures<\/span> built on state-owned property, with the exception that §§ 2.2-1159<\/a> through 2.2-1161<\/a> shall provide the standards for ready access to and use of state-owned buildings<\/span> by individuals with physical disabilities.\n\t\t\tAny state-owned building or structure<\/span>, or building or structure<\/span> built on state-owned property, for which preliminary plans were prepared or on which construction<\/span> commenced after the initial effective date of the Uniform Statewide Building Code<\/span>, shall remain subject to the provisions of the Uniform Statewide Building Code<\/span> that were in effect at the time such plans were completed or such construction<\/span> commenced. Subsequent reconstruction, renovation or demolition of such building or structure<\/span> shall be subject to the pertinent provisions of the Building Code<\/span>.\n\t\t\tActing through the Division of Engineering and Buildings<\/span>, the Department of General Services shall function as the building official for any state-owned buildings<\/span> or structures<\/span> and for all buildings<\/span> and structures<\/span> built on state-owned property. The Department shall review and approve plans and specifications, grant modifications, and establish such rules and regulations as may be necessary to implement this section. It may provide for the (i) inspection of state-owned buildings<\/span> or structures<\/span> and for all buildings<\/span> and structures<\/span> built on state-owned property and (ii) enforcement of the Building Code<\/span> and standards for access by individuals with physical disabilities by delegating inspection and Building Code<\/span> enforcement duties to the State Fire Marshal’s Office, to other appropriate state agencies having needed expertise, and to local building departments<\/span>, all of which shall provide such assistance within a reasonable time and in the manner requested. State agencies and institutions occupying buildings<\/span> shall pay to the local building department<\/span> the same fees as would be paid by a private citizen for the services rendered when such services are requested by the Department of General Services. The Department of General Services may alter or overrule<\/span> any decision of the local building department<\/span> after having first considered the local building department<\/span>’s report or other rationale given for its decision. When altering or overruling any decision of a local building department<\/span>, the Department of General Services shall provide the local building department<\/span> with a written summary of its reasons for doing so. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A and § 27-99<\/a>, roadway and railway tunnels and bridges owned by either the Department of Transportation or the Virginia Passenger Rail Authority shall be exempt from the Building Code<\/span> and the Statewide Fire Prevention Code Act (§ 27-94<\/a> et seq.). The Department of General Services shall not have jurisdiction<\/span> over such roadway and railway tunnels, bridges, and other limited access highways; provided, however, that the Department of General Services shall have jurisdiction<\/span> over any occupied buildings<\/span> within any Department of Transportation or Virginia Passenger Rail Authority rights-of-way that are subject to the Building Code<\/span>.\n\t\t\tRoadway and railway tunnels and bridges shall be designed, constructed, and operated to comply with fire safety standards based on nationally recognized model codes and standards to be developed by the Department of Transportation, in the case of roadway tunnels and bridges, and by the Virginia Passenger Rail Authority, in the case of railway tunnels and bridges, in each case in consultation with the State Fire Marshal. Emergency response planning and activities related to the standards shall be developed by the Department of Transportation or the Virginia Passenger Rail Authority, respectively, and coordinated with the appropriate local officials and emergency services providers. On an annual basis the Department of Transportation shall provide a report on the maintenance and operability of installed fire protection and detection systems in roadway tunnels and bridges and the Virginia Passenger Rail Authority shall provide a report on the maintenance and operability of installed fire protection and detection systems in its railway tunnels and bridges to the State Fire Marshal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as provided in subsection E of § 23.1-1016<\/a>, and notwithstanding the provisions of subsection A, at the request of a public institution of higher education, the Department, as further set forth in this subsection, shall authorize that institution of higher education to contract<\/span> with a building official of the locality in which the construction<\/span> is taking place to perform any inspection and certifications required for the purpose of complying with the Uniform Statewide Building Code<\/span> (§ 36-97<\/a> et seq.). The Department shall publish administrative procedures that shall be followed in contracting with a building official of the locality. The authority granted to a public institution of higher education under this subsection to contract<\/span> with a building official of the locality shall be subject to the institution meeting the conditions prescribed in subsection A of § 23.1-1002<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This section shall not apply to the nonhabitable structures<\/span>, equipment<\/span>, and wiring owned by a public service company, a certificated provider of telecommunications services, or a franchised cable operator that are built on rights-of-way owned or controlled by the Commonwealth Transportation Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> (Expires July 1, 2027) Enforcement of the Uniform Statewide Building Code<\/span> for bus shelters to be constructed for transit agencies receiving state funds from the Commonwealth Mass Transit Fund, pursuant to § 33.2-1526.1<\/a>, and that do not exceed 256 square feet, shall be delegated to the local building official in lieu of the Department of General Services. The state shall not be liable for any bus shelter built on state-owned property under this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE BUILDINGS; EXCEPTION FOR CERTAIN ASSETS OWNED BY THE DEPARTMENT OF\nTRANSPORTATION (\u00a7 36-98.1)\n\nA. The Building Code shall be applicable to all state-owned buildings and\nstructures, and to all buildings and structures built on state-owned property,\nwith the exception that §§ 2.2-1159 through 2.2-1161 shall provide the\nstandards for ready access to and use of state-owned buildings by individuals\nwith physical disabilities.\n\t\t\tAny state-owned building or structure, or building or structure built on\nstate-owned property, for which preliminary plans were prepared or on which\nconstruction commenced after the initial effective date of the Uniform Statewide\nBuilding Code, shall remain subject to the provisions of the Uniform Statewide\nBuilding Code that were in effect at the time such plans were completed or such\nconstruction commenced. Subsequent reconstruction, renovation or demolition of\nsuch building or structure shall be subject to the pertinent provisions of the\nBuilding Code.\n\t\t\tActing through the Division of Engineering and Buildings, the Department of\nGeneral Services shall function as the building official for any state-owned\nbuildings or structures and for all buildings and structures built on\nstate-owned property. The Department shall review and approve plans and\nspecifications, grant modifications, and establish such rules and regulations as\nmay be necessary to implement this section. It may provide for the (i)\ninspection of state-owned buildings or structures and for all buildings and\nstructures built on state-owned property and (ii) enforcement of the Building\nCode and standards for access by individuals with physical disabilities by\ndelegating inspection and Building Code enforcement duties to the State Fire\nMarshal’s Office, to other appropriate state agencies having needed\nexpertise, and to local building departments, all of which shall provide such\nassistance within a reasonable time and in the manner requested. State agencies\nand institutions occupying buildings shall pay to the local building department\nthe same fees as would be paid by a private citizen for the services rendered\nwhen such services are requested by the Department of General Services. The\nDepartment of General Services may alter or overrule any decision of the local\nbuilding department after having first considered the local building\ndepartment’s report or other rationale given for its decision. When\naltering or overruling any decision of a local building department, the\nDepartment of General Services shall provide the local building department with\na written summary of its reasons for doing so.\n\nB. Notwithstanding the provisions of subsection A and § 27-99, roadway and\nrailway tunnels and bridges owned by either the Department of Transportation or\nthe Virginia Passenger Rail Authority shall be exempt from the Building Code and\nthe Statewide Fire Prevention Code Act (§ 27-94 et seq.). The Department of\nGeneral Services shall not have jurisdiction over such roadway and railway\ntunnels, bridges, and other limited access highways; provided, however, that the\nDepartment of General Services shall have jurisdiction over any occupied\nbuildings within any Department of Transportation or Virginia Passenger Rail\nAuthority rights-of-way that are subject to the Building Code.\n\t\t\tRoadway and railway tunnels and bridges shall be designed, constructed, and\noperated to comply with fire safety standards based on nationally recognized\nmodel codes and standards to be developed by the Department of Transportation,\nin the case of roadway tunnels and bridges, and by the Virginia Passenger Rail\nAuthority, in the case of railway tunnels and bridges, in each case in\nconsultation with the State Fire Marshal. Emergency response planning and\nactivities related to the standards shall be developed by the Department of\nTransportation or the Virginia Passenger Rail Authority, respectively, and\ncoordinated with the appropriate local officials and emergency services\nproviders. On an annual basis the Department of Transportation shall provide a\nreport on the maintenance and operability of installed fire protection and\ndetection systems in roadway tunnels and bridges and the Virginia Passenger Rail\nAuthority shall provide a report on the maintenance and operability of installed\nfire protection and detection systems in its railway tunnels and bridges to the\nState Fire Marshal.\n\nC. Except as provided in subsection E of § 23.1-1016, and notwithstanding\nthe provisions of subsection A, at the request of a public institution of higher\neducation, the Department, as further set forth in this subsection, shall\nauthorize that institution of higher education to contract with a building\nofficial of the locality in which the construction is taking place to perform\nany inspection and certifications required for the purpose of complying with the\nUniform Statewide Building Code (§ 36-97 et seq.). The Department shall\npublish administrative procedures that shall be followed in contracting with a\nbuilding official of the locality. The authority granted to a public institution\nof higher education under this subsection to contract with a building official\nof the locality shall be subject to the institution meeting the conditions\nprescribed in subsection A of § 23.1-1002.\n\nD. This section shall not apply to the nonhabitable structures, equipment, and\nwiring owned by a public service company, a certificated provider of\ntelecommunications services, or a franchised cable operator that are built on\nrights-of-way owned or controlled by the Commonwealth Transportation Board.\n\nE. (Expires July 1, 2027) Enforcement of the Uniform Statewide Building Code for\nbus shelters to be constructed for transit agencies receiving state funds from\nthe Commonwealth Mass Transit Fund, pursuant to § 33.2-1526.1, and that do\nnot exceed 256 square feet, shall be delegated to the local building official in\nlieu of the Department of General Services. The state shall not be liable for\nany bus shelter built on state-owned property under this subsection.\n\nHISTORY: 1981, c. 325; 1982, c. 97; 1986, c. 133; 2005, cc. 341, 933, 945; 2010,\nc. 105; 2013, cc. 585, 646; 2023, cc. 148, 149; 2024, cc. 78, 806.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}