                                 CODE OF VIRGINIA

STATE BUILDINGS; EXCEPTION FOR CERTAIN ASSETS OWNED BY THE DEPARTMENT OF
TRANSPORTATION (§ 36-98.1)

A. 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 &#xA7;&#xA7; 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.
			Any 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.
			Acting 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&#8217;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&#8217;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. Notwithstanding the provisions of subsection A and &#xA7; 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 (&#xA7; 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.
			Roadway 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. Except as provided in subsection E of &#xA7; 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 (&#xA7; 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 &#xA7; 23.1-1002.

D. 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.

E. (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 &#xA7; 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.

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.