                                 CODE OF VIRGINIA

ENFORCEMENT OF CODE; APPEALS FROM DECISIONS OF LOCAL DEPARTMENT; INSPECTION OF
BUILDINGS; INSPECTION WARRANTS; INSPECTION OF ELEVATORS; ISSUANCE OF PERMITS (§
36-105)

A. Enforcement generally. Enforcement of the provisions of the Building Code for
construction and rehabilitation shall be the responsibility of the local
building department. There shall be established within each local building
department a local board of Building Code appeals whose composition, duties and
responsibilities shall be prescribed in the Building Code. Any person aggrieved
by the local building department&#8217;s application of the Building Code or
refusal to grant a modification to the provisions of the Building Code may
appeal to the local board of Building Code appeals. No appeal to the State
Building Code Technical Review Board shall lie prior to a final determination by
the local board of Building Code appeals. Whenever a county or a municipality
does not have such a building department or board of Building Code appeals, the
local governing body shall enter into an agreement with the local governing body
of another county or municipality or with some other agency, or a state agency
approved by the Department for such enforcement and appeals resulting therefrom.
			For the purposes of this section, towns with a population of less than 3,500
may elect to administer and enforce the Building Code; however, where the town
does not elect to administer and enforce the Building Code, the county in which
the town is situated shall administer and enforce the Building Code for the
town. In the event that such town is situated in two or more counties, those
counties shall administer and enforce the Building Code for that portion of the
town situated within their respective boundaries. Additionally, the local
governing body of a county or municipality may enter into an agreement with the
governing body of another county or municipality for the provision to such
county or municipality&#8217;s local building department of technical assistance
with administration and enforcement of the Building Code.

B. New construction. Any building or structure may be inspected at any time
before completion, and shall not be deemed in compliance until approved by the
inspecting authority. Where the construction cost is less than $2,500, however,
the inspection may, in the discretion of the inspecting authority, be waived. A
building official may issue an annual permit for any construction regulated by
the Building Code. The building official shall coordinate all reports of
inspections for compliance with the Building Code, with inspections of fire and
health officials delegated such authority, prior to issuance of an occupancy
permit. Fees may be levied by the local governing body in order to defray the
cost of such enforcement and appeals. With the exception of the levy imposed
pursuant to &#xA7; 36-137, any fees levied pursuant to this subsection shall be
used only to support the functions of the local building department.

C. Existing buildings and structures.

   1. Inspections and enforcement of the Building Code. The local governing body
   may also inspect and enforce the provisions of the Building Code for existing
   buildings and structures, whether occupied or not. Such inspection and
   enforcement shall be carried out by an agency or department designated by the
   local governing body.

   2. Complaints by tenants. However, upon a finding by the local building
   department, following a complaint by a tenant of a residential dwelling unit
   that is the subject of such complaint, that there may be a violation of the
   unsafe structures provisions of the Building Code, the local building
   department shall enforce such provisions.

   3. Inspection warrants. If the local building department receives a complaint
   that a violation of the Building Code exists that is an immediate and imminent
   threat to the health or safety of the owner, tenant, or occupants of any
   building or structure, or the owner, occupant, or tenant of any nearby
   building or structure, and the owner, occupant, or tenant of the building or
   structure that is the subject of the complaint has refused to allow the local
   building official or his agent to have access to the subject building or
   structure, the local building official or his agent may make an affidavit
   under oath before a magistrate or a court of competent jurisdiction and
   request that the magistrate or court grant the local building official or his
   agent an inspection warrant to enable the building official or his agent to
   enter the subject building or structure for the purpose of determining whether
   violations of the Building Code exist. After issuing a warrant under this
   section, the magistrate or judge shall file the affidavit in the manner
   prescribed by &#xA7; 19.2-54. After executing the warrant, the local building
   official or his agents shall return the warrant to the clerk of the circuit
   court of the city or county wherein the inspection was made. The local
   building official or his agent shall make a reasonable effort to obtain
   consent from the owner, occupant, or tenant of the subject building or
   structure prior to seeking the issuance of an inspection warrant under this
   section.

   4. Transfer of ownership. If the local building department has initiated an
   enforcement action against the owner of a building or structure and such owner
   subsequently transfers the ownership of the building or structure to an entity
   in which the owner holds an ownership interest greater than 50 percent, the
   pending enforcement action shall continue to be enforced against the owner.

   5. Elevator, escalator, or related conveyance inspections. The local governing
   body shall, however, inspect and enforce the Building Code for elevators,
   escalators, or related conveyances, except for elevators in single- and
   two-family homes and townhouses. Such inspection shall be carried out by an
   agency or department designated by the local governing body.

   6. A locality may require by ordinance that any landmark, building or
   structure that contributes to a district delineated pursuant to &#xA7;
   15.2-2306 shall not be razed, demolished or moved until the razing, demolition
   or moving thereof is approved by the review board, or, on appeal, by the
   governing body after consultation with the review board unless the local
   maintenance code official consistent with the Uniform Statewide Building Code,
   Part III Maintenance, determines that it constitutes such a hazard that it
   shall be razed, demolished or moved.
   				For the purpose of this subdivision, a contributing landmark, building or
   structure is one that adds to or is consistent with the historic or
   architectural qualities, historic associations, or values for which the
   district was established pursuant to &#xA7; 15.2-2306, because it (i) was
   present during the period of significance, (ii) relates to the documented
   significance of the district, and (iii) possesses historic integrity or is
   capable of yielding important information about the period.

   7. Fees may be levied by the local governing body in order to defray the cost
   of such enforcement and appeals. For purposes of this section, &#8220;defray
   the cost&#8221; may include the fair and reasonable costs incurred for such
   enforcement during normal business hours, but shall not include overtime costs
   unless conducted outside of the normal working hours established by the
   locality. A schedule of such costs shall be adopted by the local governing
   body in a local ordinance. A locality shall not charge an overtime rate for
   inspections conducted during the normal business hours established by the
   locality. With the exception of the levy imposed pursuant to &#xA7; 36-137,
   any fees levied pursuant to this subdivision shall be used only to support the
   functions of the local building department. Nothing herein shall be construed
   to prohibit a private entity from conducting such inspections, provided the
   private entity has been approved to perform such inspections in accordance
   with the written policy of the maintenance code official for the locality.

D. Issuance of permits.

   1. Fees may be levied by the local governing body to be paid by the applicant
   for the issuance of a building permit as otherwise provided under this
   chapter; however, notwithstanding any provision of law, general or special, if
   the applicant for a building permit is a tenant or the owner of an easement on
   the owner&#8217;s property, such applicant shall not be denied a permit under
   the Building Code solely upon the basis that the property owner has financial
   obligations to the locality that constitute a lien on such property in favor
   of the locality. If such applicant is the property owner, in addition to
   payment of the fees for issuance of a building permit, the locality may
   require full payment of any and all financial obligations of the property
   owner to the locality to satisfy such lien prior to issuance of such permit.
   For purposes of this subdivision, &#8220;property owner&#8221; means the owner
   of such property as reflected in the land records of the circuit court clerk
   where the property is located, the owner&#8217;s agent, or any entity in which
   the owner holds an ownership interest greater than 50 percent.

   2. In the event that a local building department denies an application for the
   issuance of a building permit, the local building department shall provide to
   the applicant a written explanation detailing the reasons for which the
   application was denied. The applicant may submit a revised application
   addressing the reasons for which the application was previously denied, and if
   the applicant does so, the local building department shall be encouraged, but
   not required, to limit its review of the revised application to only those
   portions of the application that were previously deemed inadequate and that
   the applicant has revised.

HISTORY: 1972, c. 829; 1974, c. 433; 1977, cc. 423, 613; 1978, c. 578; 1981, c.
498; 1982, c. 267; 1992, c. 73; 1993, c. 328; 1994, cc. 214, 256, 574; 1995, cc.
95, 523, 702, 827; 1999, cc. 333, 341; 2001, c. 119; 2002, c. 720; 2003, c. 650;
2004, c. 851; 2006, c. 424; 2007, c. 291; 2009, cc. 181, 184, 551, 586; 2010, c.
63; 2012, cc. 494, 607; 2014, c. 354; 2018, c. 222; 2019, c. 698.