{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-99.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-99.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-99.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-99.html"}],"law_id":65710,"edition_id":1,"section_id":65710,"structure_id":12781,"section_number":"36-99","catch_line":"Provisions of Code; modifications","history":"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.","full_text":"A\n\nThe 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\n\nIn 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 \u00a7 35.1-1 and licensed as such by the Board of Health pursuant to Chapter 2 (\u00a7 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 \u00a7 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\n\nPortable fire extinguishers for the purpose of fire suppression;2\n\nA 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; and3\n\nA 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\n\nWhere 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\n\nThe 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.","order_by":null,"text":{"0":{"id":238870,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238871,"text":"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 \u00a7 35.1-1 and licensed as such by the Board of Health pursuant to Chapter 2 (\u00a7 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 \u00a7 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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":238872,"text":"Portable fire extinguishers for the purpose of fire suppression;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":238873,"text":"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","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":238874,"text":"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.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":238875,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":238876,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-99\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 829 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 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 11 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 1974, chapter 433; in 1975, chapter 394; in 1977, chapters 423 and 613; in 1978, chapter 581; in 1981, chapter 2; in 1982, chapter 267; in 1998, chapter 755<\/a>; in 2000, chapter 751<\/a>; in 2002, chapter 555<\/a>; in 2003, chapters 436<\/a>, 650<\/a>, and 901<\/a>; in 2023, chapters 148<\/a>, 149<\/a>, and 644<\/a>.<\/p>","references":[{"id":65275,"section_number":"36-9.1","catch_line":"Exemptions from applicability of this chapter; conflicts in provisions of law","order_by":null,"url":"\/36-9.1\/"}],"refers_to":[{"id":78622,"section_number":"3.2-6400","catch_line":"Definitions","order_by":null,"url":"\/3.2-6400\/"},{"id":61152,"section_number":"35.1-1","catch_line":"Definitions","order_by":null,"url":"\/35.1-1\/"},{"id":75966,"section_number":"35.1-11","catch_line":"Regulations generally","order_by":null,"url":"\/35.1-11\/"},{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"}],"permalink":{"id":209383,"object_type":"law","relational_id":65710,"identifier":"36-99","token":"36\/6\/1\/36-99","url":"\/36-99\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-99\/","token":"36\/6\/1\/36-99","dublin_core":{"Title":"Provisions of Code; modifications","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-99","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Building Code<\/span> shall prescribe building regulations<\/span> to be complied with in the construction<\/span> and rehabilitation of buildings<\/span> and structures<\/span>, and the equipment<\/span> therein as defined in § 36-97<\/a>, and shall prescribe regulations to ensure that such buildings<\/span> and structures<\/span> 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<\/span> in the evaluation and granting of modifications for any provision of the Building Code<\/span>, provided the spirit and functional intent<\/span> of the Building Code<\/span> are observed and public health, welfare and safety are assured. The provisions of the Building Code<\/span> and modifications thereof shall be such as to protect the health, safety and welfare of the residents of the Commonwealth, provided that buildings<\/span> and structures<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In formulating the Code provisions<\/span>, the Board<\/span> 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<\/span> and structures<\/span> shall be exempt from the provisions of the Building Code<\/span>, except for a building or a portion of a building located on a farm that is operated as a restaurant as defined in \u00a7 35.1-1<\/a> and licensed as such by the Board<\/span> of Health pursuant to Chapter 2 (\u00a7 35.1-11<\/a> et seq.) of Title 35.1. However, farm buildings<\/span> and structures<\/span> 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<\/span> (i) where the public is invited to enter for an agritourism activity, as that term is defined in \u00a7 3.2-6400<\/a>, 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: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Portable fire extinguishers for the purpose of fire suppression; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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<\/span> or any other local requirements; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A sign posted in a conspicuous place upon entry to the farm building or structure<\/span> that states that “This building is EXEMPT from the Uniform Statewide Building Code<\/span>. 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<\/span>. 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where practical, the Code provisions<\/span> shall be stated in terms of required level of performance, so as to facilitate the prompt acceptance of new building materials<\/span> and methods. When generally recognized standards of performance are not available, such provisions shall provide for acceptance of materials<\/span> and methods whose performance has been found by the local building department<\/span>, on the basis of reliable test and evaluation data, presented by the proponent, to be substantially equal in safety to those specified. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span>, upon a finding<\/span> that sufficient allegations<\/span> exist regarding failures noted in several localities of performance standards by either building materials<\/span>, methods, or design, may conduct hearings<\/span> on such allegations<\/span> 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<\/span> shall convene a hearing<\/span> to consider such allegations<\/span>. Such notice shall be given to the known manufacturers of the subject building material<\/span> and as many other interested parties, industry representatives, and trade groups as can reasonably be identified. Following the hearing<\/span>, the Board<\/span>, upon finding<\/span> that (i) the current technical or administrative Code provisions<\/span> allow use of or result in defective or deficient building materials<\/span>, methods, or designs, and (ii) immediate action is necessary to protect the health, safety, and welfare of the citizens of the Commonwealth, may issue<\/span> amended regulations establishing interim performance standards and Code provisions<\/span> for the installation, application, and use of such building materials<\/span>, 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<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISIONS OF CODE; MODIFICATIONS (\u00a7 36-99)\n\nA. The Building Code shall prescribe building regulations to be complied with in\nthe construction and rehabilitation of buildings and structures, and the\nequipment therein as defined in § 36-97, and shall prescribe regulations to\nensure that such buildings and structures are properly maintained, and shall\nalso prescribe procedures for the administration and enforcement of such\nregulations, including procedures to be used by the local building department in\nthe evaluation and granting of modifications for any provision of the Building\nCode, provided the spirit and functional intent of the Building Code are\nobserved and public health, welfare and safety are assured. The provisions of\nthe Building Code and modifications thereof shall be such as to protect the\nhealth, safety and welfare of the residents of the Commonwealth, provided that\nbuildings and structures should be permitted to be constructed, rehabilitated\nand maintained at the least possible cost consistent with recognized standards\nof health, safety, energy conservation and water conservation, including\nprovisions necessary to prevent overcrowding, rodent or insect infestation, and\ngarbage accumulation; and barrier-free provisions for individuals with physical\ndisabilities and aged individuals. Such regulations shall be reasonable and\nappropriate to the objectives of this chapter.\n\nB. In formulating the Code provisions, the Board shall have due regard for\ngenerally accepted standards as recommended by nationally recognized\norganizations, including, but not limited to, the standards of the International\nCode Council and the National Fire Protection Association. Notwithstanding the\nprovisions of this section, farm buildings and structures shall be exempt from\nthe provisions of the Building Code, except for a building or a portion of a\nbuilding located on a farm that is operated as a restaurant as defined in \u00a7\n35.1-1 and licensed as such by the Board of Health pursuant to Chapter 2 (\u00a7\n35.1-11 et seq.) of Title 35.1. However, farm buildings and structures lying\nwithin a flood plain or in a mudslide-prone area shall be subject to\nflood-proofing regulations or mudslide regulations, as applicable. However, any\nfarm building or structure (i) where the public is invited to enter for an\nagritourism activity, as that term is defined in \u00a7 3.2-6400, for recreational,\nentertainment, or educational purposes and (ii) that is used for display,\nsampling, or sale of agricultural, horticultural, floricultural, or\nsilvicultural products produced on the farm or the sale of agricultural-related\nor silvicultural-related items incidental to the agricultural operation shall\nhave:\n\n 1. Portable fire extinguishers for the purpose of fire suppression;\n\n 2. A simple written plan in case of an emergency, but such plan shall not be\n construed to be interpreted as a fire evacuation plan under the Uniform\n Statewide Building Code or any other local requirements; and\n\n 3. A sign posted in a conspicuous place upon entry to the farm building or\n structure that states that “This building is EXEMPT from the Uniform\n Statewide Building Code. Be alert to exits in the event of a fire or other\n emergencies.” Such sign shall be placed in a clearly visible location\n near the entrance to such farm building or structure. The notice shall consist\n of a sign no smaller than 24 inches by 36 inches with clearly legible black\n letters, with each letter to be a minimum of one inch in height.\n\nC. Where practical, the Code provisions shall be stated in terms of required\nlevel of performance, so as to facilitate the prompt acceptance of new building\nmaterials and methods. When generally recognized standards of performance are\nnot available, such provisions shall provide for acceptance of materials and\nmethods whose performance has been found by the local building department, on\nthe basis of reliable test and evaluation data, presented by the proponent, to\nbe substantially equal in safety to those specified.\n\nD. The Board, upon a finding that sufficient allegations exist regarding\nfailures noted in several localities of performance standards by either building\nmaterials, methods, or design, may conduct hearings on such allegations if it\ndetermines that such alleged failures, if proven, would have an adverse impact\non the health, safety, or welfare of the citizens of the Commonwealth. After at\nleast 21 days’ written notice, the Board shall convene a hearing to\nconsider such allegations. Such notice shall be given to the known manufacturers\nof the subject building material and as many other interested parties, industry\nrepresentatives, and trade groups as can reasonably be identified. Following the\nhearing, the Board, upon finding that (i) the current technical or\nadministrative Code provisions allow use of or result in defective or deficient\nbuilding materials, methods, or designs, and (ii) immediate action is necessary\nto protect the health, safety, and welfare of the citizens of the Commonwealth,\nmay issue amended regulations establishing interim performance standards and\nCode provisions for the installation, application, and use of such building\nmaterials, methods or designs in the Commonwealth. Such amended regulations\nshall become effective upon their publication in the Virginia Register of\nRegulations. Any amendments to regulations adopted pursuant to this subsection\nshall become effective upon their publication in the Virginia Register of\nRegulations and shall be effective for a period of 24 months or until adopted,\nmodified, or repealed by the Board.\n\nHISTORY: 1972, c. 829; 1974, c. 433; 1975, c. 394; 1977, cc. 423, 613; 1978, c.\n581; 1981, c. 2; 1982, c. 267; 1998, c. 755; 2000, c. 751; 2002, c. 555; 2003,\ncc. 436, 650, 901; 2023, cc. 148, 149, 644.","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}}